Map Reference:
At or about map reference
NZTM 1759536.5420745
Legal Description:
Lot 2 DP 380969
Duration of Consents:
Water permit [34331]: 10 years to expire on 31 October
2026
Land use consent [34330]: 10 years to expire on
31 October 2026
Consent conditions:
Attachment 1
Processing timeframes:
Application lodged:
29/09/16
Application officially received:
30/09/16
Applicant to be notified of decision by: 31/10/16
Applicant notified of decision on: 31/10/16
Time taken to process application:
20 working days
Decision:
Decision
Heidi
Resource Management
recommended by:
Andrewartha
Consultant
Decision peer
Kirsty van
Resource Advisor,
reviewed by:
Reenen
Environmental
Regulation
Decision approved Jeremy
Team Leader,
by:
Rusbatch
Environmental
Regulation
Reasons for decision report
1.
Background and proposal
1.1
Background
The applicant has applied for a land use consent to extract gravel from the bed
of the Wainuiomata River, and also a water permit to extract water from the
Wainuiomata River to irrigate crops and pasture. The gravel will be used in the
maintenance of farm tracks.
The application is a renewal of two previous consents for similar activities
(WGN060129 – [24903] water permit and [24936] gravel extraction). Both of
these consents expired on 2 October 2016.
Consent WGN060129 [24936] gave approval to extract gravel at the rates of up
to 500m3 per year for the first two years and 100m3 per year thereafter, from
dry beaches in the Wainuiomata River and the associated disturbance of the
bed of the river.
Consent WGN060129 [24903] gave approval to take up to 33 litres/second
(l/s), 20 hours per day, 7 days per week, 2,376m3/day, 30 weeks per year from
the Wainuiomata River for farm irrigation purposes. This equated to
498,960m3/year.
1.2
Gravel extraction methodology
The applicant proposes to continue extracting gravel from several dry beaches
along the Wainuiomata River during low flow periods (summer months). This
will occur on beaches within the applicant’s property (Lot 2 DP 380969) – see
Figure 1 below. They propose to extract 150m3 per year for the next 10 years.
The works will be undertaken by an excavator, tractor and trailer (owned by
the applicant). It is proposed that the material will be taken and used when and
where required for maintaining existing farm tracks. As such, stockpiling of the
gravel is not proposed.
On completion of gravel extraction, the applicant proposes to contour the area
back to a natural state. No proposed gravel extraction will occur in the wetted
channel, nor is it proposed that any machinery will enter the wetted channel
(except for machinery to cross the river to get to the gravel extraction bed on
the other side).
1.3
Surface water take details
The proposal is to continue taking surface water from the Wainuiomata River
at the following rates:
Take water at maximum rates of 33 l/s, up to 20 hours per day
(2,376m3/day) and 132 days per year (315,000m3/year).
It is noted the applicant has agreed to revise the annual volume to be taken to
ensure efficient use of water (refer section 5.3). As such, they have reduced the
previously consented annual volume of 498,960m3/year to 315,000m3/year.
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PAGE 1 OF 26
It is also noted that the applicant states that the existing irrigation equipment is
only capable of taking 24 l/s. However they seek to maintain the previously
consented maximum rate of 33 l/s as they intend to upgrade the existing
equipment, or install a second pump.
The applicant proposes to irrigate 4-10ha of crops and 50ha of pasture.
Irrigation takes place by way of spray irrigation (travelling irrigator).
The applicant uses a portable, screened intake structure which allows the river
bank to remain clear of the structure when irrigation is not in use. There is a
permanent delivery headworks containing valving and metering at points
adjacent to these intake areas.
Figure 1: Location of proposed works
PAGE 2 OF 26
170076-788878747-55
2.
Reasons for resource consent
2.1
Operative Regional Plans
RMA
Plan
Rule
Status
Comments
section
13
Regional
38
Permitted
Rule 38 allows for minor extraction of
Freshwater
gravel from a river bed as a permitted
Plan
49
Discretionary activity as long as it is less than
15m3/year for an individual’s
reasonable domestic needs or
50m3/year for the reasonable on
property needs of a land owner on
whose property the river bed lies. In
this case the applicant intends to
extract 150m3/year until the end of
2017. As such, the activity falls as a
discretionary activity under rule 49.
14
Regional
7
Permitted
The application involves the taking and
Freshwater
use of more than 20,000 litres per day
Plan
16
Discretionary and the abstraction of water at a rate
of more than 2.5 litres/second and
therefore requires consent
The Wainuiomata River is listed in Appendix 4 of the RFP as having important
trout habitat including spawning areas. It is also listed in Appendix 5 as having
regionally important amenity and recreational values – specifically for angling,
and Appendix 7 as having water quality needing enhancement for aquatic
ecosystem purposes, contact recreation purposes and fishery purposes.
2.2
Proposed Natural Resources Plan
The Proposed Natural Resources Plan (PNRP) was publicly notified by the
Council on 31 July 2015. All rules in the PNRP have immediate legal effect
under section 86B(3) of the Act. As the application was lodged after
31 July 2015, the PNRP is relevant to determining the resource consents
required, activity status, the notification decisions and the substantive
assessment of the proposal under section 104 of the Act.
RMA
Rule
Status
Comments
section
13
R120
Permitted
Minor gravel extraction is permitted under Rule R120
as long as it accords with a number of conditions
129
Discretionary including that it is less than 15m3/year for an
individual’s reasonable needs or 50m3/year for use
on the property on which the river bed occurs or is
adjacent to. In this case the applicant intends to
extract 150m3/year for the next 10 years. As such,
the activity falls as a discretionary activity under rule
R129.
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PAGE 3 OF 26
RMA
Rule
Status
Comments
section
14
136
Permitted
The application involves the taking and use of more
than 2.5 litres/second and therefore does not meet
WH.R1
Restricted
the permitted activity standards in Rule R136.
discretionary The taking of water is a restricted discretionary
activity under Rule WH.R1. The matters of discretion
under Rule WH.R1 that are relevant to this
application are:
The reasonable and efficient use of water
The timing, amount, and rate of taking water
including instantaneous (L/s), daily (m3/day)
and seasonal requirements and duration and
timing of peak daily take rate
Interference effects on existing lawful water
takes
Effects due to local flow or water level
depletion on wetlands, springs or the
downstream river reach in the same
catchment management unit
Reduction in the rate of take from surface
water at times of low flow and restrictions
when rivers approach or fall below the
minimum flows
Measuring and reporting, including the
guideline in Schedule S (measuring takes)
Preventing fish from entering water intakes
The proposal activity is located in the Wainuiomata River. This is listed in the
following Schedules of the PNRP:
Schedule I – Important trout fishery river and spawning area
Schedule C4 – the river mouth and foreshore are listed as a site of
significance to Taranaki Whanui kit e Upoko o te Ika a Maui. This is
at least 4-5 km away from the application site.
Schedule F1 – Significant indigenous ecosystems
Schedule H1 – Regionally significant primary contact recreation water
body
Schedule H2 – Priority for improvement of water quality for contact
recreation and Maori customary use (primary contact)
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2.3
Overall activity status
Overall, the activity must be assessed as a discretionary activity under the
operative Regional Freshwater Plan and a discretionary activity under the
Proposed Natural Resources Plan.
The most stringent activity class applies for the activities proposed – which in
this case is a discretionary activity class.
3.
Consultation
Iwi authority
Comments
Port Nicholson Block
No opposition to proposal as it is renewing an existing take.
Settlement Trust
Ngati Toa Rangatira
No comment provided, therefore it is assumed they have no
concerns.
Other parties or persons Comments
James Flanagan (GW
No issues with the application and the area is not within a Flood
Flood Engineer, Flood
Scheme administered by GWRC.
Protection)
4.
Notification decision
A decision was made to process the application on a non-notified basis on
27 October 2016. Further information on the notification decision is provided
in document # 170076-788878747-33.
5.
Environmental effects
This section provides an assessment of the effects of the proposed activity on
the environment. Information has been drawn from the application provided by
the applicant and other information sourced during the processing of the
application.
5.1
Effects on surface water allocation
5.1.1
Under the operative RFP
The operative RFP (Policy 6.2.1 (2)) specifies a core allocation limit of 65 l/s
for the lower Wainuiomata River. There is only one take from the lower
Wainuiomata River – that being the applicant’s previous consent. As such, the
continuation of the proposed take at 33 l/s would be within the core allocation
limit of 65 l/s identified in the RFP.
5.1.2
Under the PNRP
Under the PNRP the Wainuiomata River and its tributaries have a core
allocation amount specified of 180 l/s. It is noted that this core allocation
amount includes both the upper and lower Wainuiomata River. In the upper
catchment, GWRC hold several large water take consents for public water
supply. As a result of this, currently the Wainuiomata River is 630.9%
allocated (the core allocation limit has been exceeded).
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PAGE 5 OF 26
Despite this, policy WH.P2 states that the take and use of water within any
specific catchment management unit, should not exceed whichever is the
greater of:
The total amount allocated by resource consents (at the date the
consent application is lodged), or
The allocation amounts specified in Tables 8.2 and 8.3.
In this case, the applicant is not proposing to increase the rate of take – in fact
they are reducing the total annual volume previously consented. The amount
requested is therefore within existing consented limits and the total amount
allocated by resource consents. As such, it will accord with Policy WH.P2 of
the PNRP and is considered acceptable.
I am satisfied that the environmental effects from surface water allocation can
be appropriately managed through the recommended consent conditions in
Attachment 1.
5.2
Effects on surface water and minimum flows
The previous water permit had the following restriction regime in place (by
way of conditions of consent):
Flow in Wainuiomata River at Allowed rate of take
Leonard Wood Park recorder
More than 360 litres/second
33 litres/second
360-345 litres/second
30 litres/second
345 – 300 litres/second
25 litres/second
Less than 300 litres/second
Take shall cease
I consider that the applicant must cease taking water from the river when river
levels fall below 300 l/s. This is in line with policy 6.2.1(1) of the RFP and
policy WH.P1 of the PNRP. This, if adhered to, will ensure water quality is
maintained and ecological habitat in the river is adequately protected.
The RFP requires that the first stepdown allocation for the lower Wainuiomata
River should be 60 l/s (when the river is below 360 l/s), and the second
stepdown allocation should be 50 l/s (when the river is below 345 l/s). There is
only one direct surface water take from the Wainuiomata River (the
applicants). As such, their proposed take of 33 l/s is below both stepdown
allocations (of 60 l/s and 50 l/s). It could therefore be argued that these are not
relevant at the current time.
Furthermore, the PNRP has no step down allocations in place for the
Wainuiomata River. I therefore consider that stepdown allocations are not
required for this water take, however a cease take should remain in place.
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170076-788878747-55
I am satisfied that the environmental effects on surface water can be
appropriately managed through the recommended consent conditions in
Attachment 1.
5.3
Reasonable and efficient use of water
Policy 6.2.6 of the Operative Freshwater Plan states that water is to be
allocated for irrigation purposes to a maximum rate of 350m3/ha/week. The
applicant proposes to take up to 16,632m3/week to irrigate 50ha of pasture and
4-10ha of crops (green feed). This equates to an irrigation rate of
approximately 277m3/ha/week (including the crop irrigation)1. This is less than
the maximum application rate of 350m3/ha/week specified in the RFP.
The Irrigation Reasonable Use Database (Irricalc) is an online tool used to
calculate irrigation requirements. The crop, plant available water, irrigation
method and climate information for the particular site are put into the tool and
a daily and annual volume is calculated for the site. I have used irricalc to
calculate the irrigation requirements under the proposed regime.
The daily volume estimated by Irricalc is 3,180m3/day and the annual volume
is 315,000m3/yr. As such, the daily volume of water to be taken by the
applicant is less than what Irricalc states to be a reasonable use.
With regard to the annual volume of water to be taken, the previous consent
gave approval for 498,960m3/year. This is a lot higher than what Irricalc
recommends as the annual volume (315,000m3/year). The applicant has agreed
to reduce their annual volume from what was previously consented, to what
has been predicted by irricalc.
Should more water be needed at some future date the applicant will be able to
apply for a change of consent conditions. A reasonable and efficient use
assessment would need to accompany the change of conditions application.
I am satisfied that the applicant’s proposed daily and annual is an efficient use
of water.
5.4
Alternative options for water take
Policy 6.2.7 of the RFP encourages users to take water from groundwater as an
alternative to surface water. Under the PNRP the take is not located in a
specified groundwater management unit. However due to the proximity to the
Wainuiomata River, any groundwater take is likely to have a direct connection
with the river itself. Furthermore, the applicant already has a high level of
investment in the existing irrigation systems and the costs of installing a new
bore are considered impractical. As such, it is considered the surface water take
is acceptable.
1 The irrigation rate based solely on irrigation of 50ha of pasture is 333m3/ha/week.
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5.5
Gravel extraction
The extraction of gravel is used both to improve the flood-carrying capacity of
rivers by reducing the build-up of gravel within the flood channel, and to
source aggregate. However, over-extraction can destabilise channels and
banks, and/or affect the ecologic functioning of rivers, particularly if
undertaken at the wrong time, the wrong place, or in a way that damages the
river bed or margins.2
The potential impacts of over extracting gravel are well known (e.g. Kelly et al.
2005; Rinaldi et al. 2005) and include (but not limited to): bed degradation and
consequent effects on channel and bank stability, increased sediment loads,
decreased water clarity and sedimentation, changes in channel morphology and
disturbance of ecologically important roughness elements in the river bed,
ecological effects on bird nesting, fish migration, and other instream aquatic
species.3
To mitigate the effects of gravel extraction, regard must be given to the
sustainable rate of extraction, the manner in which gravel is extracted and the
specific sites from whence it will be extracted.
The application site has a 1.8km stretch of the Wainuiomata River running
through it. It is proposed to extract gravel from three existing unconnected
beaches within this stretch (shown on the photographs submitted with the
application and on Figure 1 above).
The applicant has stated that no machinery will enter the wetted channel and no
gravel will be taken from the wetted channel. As such, there will be less than
minor adverse effects pertaining to sedimentation in the river. Although some
loose sediment may be left on the beaches following extraction, this is
considered to be minimal and will wash downstream during flood flows when
the water already contains high levels of sediment.
It is noted that the Wainuiomata River is not listed in Schedule F2a as having
habitat for indigenous bird species. Furthermore, as the gravel extraction will
occur on the dry river beaches only, there will be less than minor effects on
instream aquatic species (including trout) and fish migration. Despite this, a
condition of consent will ensure works take place outside of the peak spawning
and migration periods for native fish species (in line with Department of
Conservation Requirements)4.
I therefore consider that with the conditions of consent mentioned above, there
will be less than minor adverse effects pertaining to sedimentation of the
Wainuiomata River, and on trout and other aquatic species.
2 Management of gravel extraction by Nelson City Council. Report produced for Nelson City Council by L. R. Basher of Landcare Research. June
2006
3 Management of gravel extraction by Nelson City Council. Report produced for Nelson City Council by L. R. Basher of Landcare Research. June
2006
4 This is a requirement from DOC listed in the Memorandum of Understanding between GWRC and DOC for gravel extraction on rivers listed in
Schedule F1 of the PNRP.
PAGE 8 OF 26
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5.6
Potential flooding effects
Gravel extraction has potential to cause further problems downstream of the
works, and if done without expertise, could cause river bends to ‘blow-out’
during flood events, causing significant sedimentation of the river and bank
erosion. It also has the potential to affect existing Flood Protection Schemes
that are administered by GWRC.
I have consulted James Flanagan (GWRC Flood Protection) with regards to the
proposed gravel extraction. He has stated that the proposed area for gravel
extraction is outside of the area that they manage for flood protection purposes
and that there is no scheme in place at that location. He also states that the
areas identified for ongoing gravel extraction are well established gravel/sand
beaches and the extraction volumes are reasonable (as such there is a sufficient
volume of alluvial material available). As the extraction will occur in the dry
on well-established beaches, he does not believe there will be any downstream
effects such as erosion or scour.
Gravel should be extracted in such a way to keep the beach at an even grade
and to ensure a new channel is not created from the extraction. I have
recommended conditions of consent to ensure appropriate extraction and
rehabilitation methods are implemented. I note that the applicant has stated that
there will be no stockpiling of gravel on the beaches as material will only be
taken when it is required. Following extraction of gravel the beaches will be
contoured back to their natural state.
I therefore consider there will be less than minor effects pertaining to flooding,
erosion and scour resulting from the proposed gravel extraction. Standard
conditions of consent pertaining to extraction from the beaches only and not
leaving stockpiles on the beaches will apply.
5.7
Summary of effects
Given the assessment above, it is considered that the proposed activity will not
result in any more than minor effects when undertaken in accordance with the
recommended consent conditions.
6.
Statutory assessment
6.1
Part 2
Part 2 of the Act outlines the purposes and principles of the Act. Section 5
defines its purpose as the promotion of the sustainable management of natural
and physical resources. Sections 6, 7 and 8 of Part 2 define the matters a
consent authority shall consider when achieving this purpose.
I am satisfied that the granting of the application is consistent with the purpose
and principles in Part 2 of the Act.
6.2
Matters to be considered – Section 104-108
Section 104-108 of the Act provides a statutory framework in which to
consider resource consent applications. All relevant matters to be considered
for this application are summarised in the table below:
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PAGE 9 OF 26
RMA
Matter to consider
Comment
section
104(1)(a)
Actual or potential effects
See Section 5 of this report.
on environment
104(1)(b)(ii)
Other Regulations –
Standard conditions for water take consents
Measurement & Reporting
meet the minimum requirements of these
of Water Takes 2010
Regulations.
I note that that GWRC’s Compliance
Monitoring Strategy requires real time
telemetry and data loggers for water takes
within the Wainuiomata surface water
management zone. However in this case, the
meter is moved round and as such it is not
considered appropriate for the applicant to
upgrade their meter, invest and install data
loggers and telemetry at this stage. This may
however be required if water meter readings
show non-compliance.
104(1)(b)(iii) National Policy Statement
The NPSFM is given effect to through
for Freshwater
transitional policy 6.2.4A in the RFP (see
Management 2014
below).
104(1)(b)(v)
Regional Policy Statement I consider that, with the application of the
recommended conditions of consent, the
proposed activity is consistent with the RPS.
Objective/Policy
Comment
40, 43
The water take is limited to a specific amount
of water which will allow sufficient water to
maintain aquatic ecosystem health and
functioning.
Gravel extraction will occur on dry beaches
only, ensuring aquatic ecosystem health and
functioning is maintained.
41
One of the primary effects of gravel extraction
is sedimentation of waterways. However as
extraction will not take place in the wetted
channel, I consider there will be less than
minor effects pertaining to sedimentation.
44
These policies aim to manage water takes to
ensure efficient use. The applicant has agreed
45
to reduce the annual amount of water to be
taken to meet with volumes calculated by the
irricalc model. I consider the volume of water
applied for to be efficient given its end use.
48
Neither Te Runanga o Toa Rangatira or Port
Nicholson Block Settlement have raised
49
concerns regarding the water take and the
gravel extraction.
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170076-788878747-55
RMA
Matter to consider
Comment
section
104(1)(b)(vi)
Operative Regional
I consider that, with the application of the
Freshwater Plan
recommended conditions of consent, the
proposed activity is consistent with the
Regional Freshwater Plan.
Objective/Policy
Comment
Objective 4.1.1 and policy
These provisions aim to maintain tangata
4.2.1, policy 6.14, 7.2.2
whenua’s relationship with freshwater.
The consent application has been sent to
relevant iwi authorities for consideration.
Neither parties raised any objections to the
application.
Objective 6.1.1 and policy
This policy and objective aim to allow people
6.2.1
to take and use surface water whilst
maintaining water levels in the river.
The proposed application will enable the
applicant to take and use water for the
irrigation of horticulture and pasture.
Conditions of consent will ensure the applicant
ceases the water take in time of low flows.
This will ensure flows maintain the natural and
amenity values on the river.
Objective 6.1.3 and
These provisions aim to ensure water takes
policies 6.2.18 and 6.2.19
are reasonable given their intended use and to
promote water conservation. I have assessed
the application against policy 6.2.6 of the RFP
and consider the applicant’s proposed water
take to be reasonable given its use and
proposed area of land to be irrigated.
It is also noted that the applicant has agreed to
reduce the annual volume of water to be taken
in accordance with irricalc models.
Policies 6.2.6 and 6.2.18
This policy aims to manage water takes to
ensure efficient use. The applicant has agreed
to reduce the annual amount of water to be
taken to meet with the irricalc model.
I consider the volume of water applied for to
be efficient given its end use.
Policy 6.2.4A
The application is to continue an established
activity, albeit at a reduced annual rate of take.
As discussed in Section 5 of this report, the
adverse effects are no more than minor.
Therefore, policy 6.2.4A does not relate to this
proposal. I consider the application to be
consistent with the objectives and policies of
the NPSFM.
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PAGE 11 OF 26
RMA
Matter to consider
Comment
section
Policy 6.2.7
The surface water take is likely to be similar in
nature to a groundwater take in this area as
groundwater is likely to have a direct hydraulic
connection with surface water.
Policies 4.2.9, 4.2.11, 7.2.2 As the gravel extraction will take place on the
dry beaches only, there will be less then minor
effects on aquatic habitats and freshwater
ecosystems, water quality and natural flow
characteristics.
Policy 7.2.1
The extraction of gravel is permitted under this
policy providing adverse effects are avoided,
mitigated or remedied. As stated above, there
are considered to be less than minor adverse
effects.
Policy 7.2.11
The Wainuiomata River is not identified as an
area with indigenous bird species. However a
condition of consent will require beaches to be
checked prior to gravel extraction.
Policy 7.2.13
GWRC Flood Protection does not consider the
amount of gravel to be extracted from the well-
established river beaches, will result in any
increase to flood/erosion hazards.
Proposed Natural
I consider that, with the application of the
Resources Plan
recommended conditions of consent, the
proposed activity is consistent with the
Proposed Natural Resources Plan.
Objective/Policy
Comment
Objectives O4, O5, O23,
A minimum river level will be maintained by
O24, O25, O30, O35,
way of a cease take condition. This will
Policies P10, P31, P33,
safeguard aquatic ecosystem health,
P40, P122, WH.P1
safeguard trout habitat, provide for contact
recreation and ensure the intrinsic values of
the river are protected. It will also ensure the
water quality in the river is maintained.
Objective O52, Policy
The water take is efficient and reasonable.
P118,
Objective O8 and Policy
The benefits of using the water will be the
P7
growing of pasture/crops to feed stock in a
farming operation.
P107, P111, WH.P1,
The take and use of water from the
WH.P2
Wainuiomata River will ensure minimum flows
are maintained. Although the Wainuiomata
River is currently over allocated, the proposed
water take is within the requirements of policy
WH.P2 as it does not exceed the total amount
allocated by existing resource consents.
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170076-788878747-55
RMA
Matter to consider
Comment
section
P110
The proposal is in line with the NPS for
freshwater management.
Objective O2
The extraction of gravel will be used for farm
tracks, thereby aiding in the economic
development of the farm.
Objectives O4, O5, O17,
Gravel extraction will not impact upon the
O23, O25, O30, Policies
intrinsic values of the Wainuiomata River,
P4, P25, P31, P40, P105
water quality, trout habitat or aquatic
ecosystem health as the works will take place
outside of the wetted channel. Furthermore,
the beaches are well established and there is
sufficient gravel available for extraction without
having more than minor effects on natural
character.
Objective O9, O24, Policy
Although gravel extraction may impede
P10,
recreational users of the river (anglers), it will
only occur on a temporary basis and there will
be other parts of the river available for fishing.
Furthermore, as the extraction will take place
in the dry, water quality will be maintained.
Objective O14, Policy P17, Maori relationships are recognized and
P19
relevant iwi authorities have raised no
objections to the applications.
Policies P97, P103
As the gravel extraction will occur on the dry
beaches, there will be less than minor effects
pertaining to sedimentation of the
Wainuiomata River. The extraction will occur
from well-established beaches and will not
result in an increase in flooding or erosion.
104(1)(c)
Any other matter
There are no other matters relevant to this
application.
104(2A)
Value of investment for
I have considered the value of existing
existing consents
investment associated with this application.
108
Conditions on resource
Standard conditions of consent for this activity
consents
type are recommended. Any additional
conditions are outlined in Section 5 of this
report. All conditions are documented in
Attachment 1 to this report.
6.3
Weighting of the Proposed Natural Resources Plan
As the conclusion reached under the operative Regional Freshwater plan
assessment is consistent with that reached under the Proposed Natural
Resources Plan there is no need to undertake a weighting exercise between the
two Plans.
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PAGE 13 OF 26
7.
Main findings
In conclusion:
1.
The proposed activities are consistent with the Purposes and
Principles of the Resource Management Act 1991.
2.
The proposed activities are consistent with the relevant objectives and
policies of the Regional Policy Statement and the Operative Regional
Freshwater Plan and the Proposed Natural Resources Plan, NPS for
Freshwater
Management
and
the
Resource
Management
(Measurement and Reporting of Water Takes) Regulations 2010.
3.
The actual or potential adverse effects of the proposed activity on the
environment will be or are likely to be no more than minor.
4.
Conditions of the consent(s) will ensure that the effects of the activity
on the environment will be appropriately avoided, remedied or
mitigated.
5.
The proposal incorporates appropriate mitigation measures, to ensure
the adverse effects are or are likely to be no more than minor.
8.
Duration of consent
I propose to grant the water permit for approximately 10 years to expire on
31 October 2026. This is consistent with other water takes in the Wellington
Region.
I propose to grant the land use consent for gravel extraction for ten years. As
such, the expiry date will be 31 October 2026.
9.
Monitoring
The following compliance monitoring programme will be undertaken during
the consent term:
Annual assessment of water use records (it is noted that there is a
mechanical meter set up on the mobile unit which was verified on
17 February 2015)
A recommended condition of consent will require the consent holder
to take a series of photographs of the site (pre-extraction), during the
extraction activity and photographs of the site following completion of
the extraction for each extraction site. A condition will require the
consent holder to forward a copy of the photographs as well as the
record of the volume extracted to GWRC within one week of the
photographs being taken. This will enable compliance with the
consent conditions to be assessed for the term of this consent.
Charges relating to this monitoring programme are outlined in the cover letter
enclosed with this report.
PAGE 14 OF 26
170076-788878747-55
Attachment 1: Consent conditions
Consent 34331: Water permit to extract surface water from the Wainuiomata
River for irrigation purposes.
General condition
1.
The location, design, implementation and operation of the take shall be in
general accordance with the consent application and its associated plans and
documents lodged with the Wellington Regional Council on 29 September
2016 and further information received on 26 October 2016.
Where there may be contradiction or inconsistencies between the application
and further information provided by the applicant, the most recent information
applies. In addition, where there may be inconsistencies between information
provided by the applicant and conditions of the consent, the conditions apply.
Note: Any change from the location, design concepts and parameters,
implementation and/or operation may require a new resource consent or a
change of consent conditions pursuant to section 127 of the Resource
Management Act 1991.
2.
This consent will lapse in three years from commencement unless given effect
to prior to that date.
Rate and point of take
3.
The rate at which water is taken from the Wainuiomata River
at or about
approximate map reference NZTM: 1759536.5420745,
shall not exceed
315,000m3/year, at 2376m3/day at a maximum pumping rate of
33 litres/second.
Note: This equates to 20 hours/day and 132 days/year based on the maximum
pumping rate.
Water measuring device/system
4.
The consent holder shall maintain a water meter (water measuring device) that
measures all water authorised under this consent and meets the following
requirements:
Sealed and tamper proof
Installed within 20 metres of the point of take unless an exception is
granted by the Manager, Environmental Regulation, Wellington
Regional Council, under section 10 of the Resource Management
(Measurement and Reporting of Water Takes) Regulations 2010
Measures cumulative water abstraction in m3
Measures instantaneous water abstraction in litres/second
Can measure the volume of water taken to within +/- 5% of the actual
volume taken.
170076-788878747-55
PAGE 15 OF 26
Resistant to corrosion and fogging
Capable of being fitted with an electronic datalogger, has a suitable
output signal and has suitable data transfer ports
Be installed in accordance with industry best practice based on the
Water Measurement Accreditation Programme. Be installed and
maintained by a suitably qualified person
The above requirements shall all be to the satisfaction of the Manager,
Environmental Regulation.
The water meter shall be installed
prior to the commencement of the take.
5.
If so requested in writing by the Manager, Environmental Regulation,
Wellington Regional Council, the consent holder shall install a datalogger and
telemetry unit on the water measuring device that is compatible with
Wellington Regional Council’s Water Use Data Management System. The data
logger and telemetry unit shall as a minimum record date and time stamped
cumulative meter readings at a minimum of 15 minute intervals.
Accuracy and verification of the water measuring device/system
6.
The consent holder shall verify the accuracy of the water measuring
device/system required under conditions 4 and 5
by 17 February 2020 and
then at least
every five years and as directed by the Manager, Environmental
Regulation, Wellington Regional Council for the duration of this consent to
determine if the actual volume of water taken is within +/- 5%.
Any verification of the water measuring device/system under this condition
must be performed by a suitably qualified person, and to the satisfaction of the
Manager, Environmental Regulation, Wellington Regional Council.
Within
one month of any verification being undertaken on the water
measuring device/system, the consent holder shall submit to the Manager,
Environmental Regulation, Wellington Regional Council, a copy of the
verification certificate/and or evidence documenting the calibration as
completed by the person who undertook the verification.
Note: Direction from the Manager, Environmental Regulation, Wellington
Regional Council to undertake additional verification may be given in the
event reasonable grounds are established which highlight that the water
measuring device/system may be inaccurate. Reasonable grounds includes (but
is not limited to) the water measuring device/system not been installed to
Irrigation New Zealand’s best practice standards.
PAGE 16 OF 26
170076-788878747-55
Keeping and supplying records
7.
The consent holder shall record daily readings (in m3) of the water meter.
These records shall be entered directly into the Wellington Regional Council’s
WaterUse Data Management System or shall be submitted in a suitable
electronic format to the satisfaction of the Manager, Environmental Regulation,
Wellington Regional Council. Complete records shall be submitted by the end
of the irrigation season but no later than 31 July each year for the duration of
this consent.
If the Manager, Environmental Regulation, Wellington Regional Council
directs the consent holder to install a telemetry system pursuant to condition 5,
then records shall be submitted automatically to Wellington Regional
Council’s Water Use Data Management System.
In the event of non-compliance with the rate of take and/or
monitoring/reporting requirements of this consent, the consent holder shall
submit records at a greater frequency as directed by the Manager,
Environmental Regulation, Wellington Regional Council.
Note: If you are not using your water permit, you must still keep and send
Wellington Regional Council daily records specifying ‘zero’ when no water is
taken.
Low flow conditions
8.
When the flow in the Wainuiomata River at Leonard Wood Park Recorder falls
below 300 litres/second the water take shall cease.
Note: The stream flow data for the Wainuiomata River can be accessed at
Wellington Regional Council’s website (www.gw.govt.nz). It is the consent
holder’s responsibility to regularly check the website to ensure compliance
with this condition.
Irrigation system
9.
The irrigation system shall be designed and maintained so that water is not run
to waste.
Intake structure
10.
The intake structure must be screened with a maximum mesh diameter of 3mm
to prevent small fish, eggs and larvae from entering the intake.
11.
The intake structure is the responsibility of the consent holder and shall be
maintained to the satisfaction of the Manager, Environmental Regulation,
Wellington Regional Council.
170076-788878747-55
PAGE 17 OF 26
12.
The pump and associated equipment shall be well maintained at all times to
prevent leakage or spill of oil or other chemicals into Wainuiomata River.
Review conditions
13.
The Wellington Regional Council may review any or all conditions of this
consent by giving notice of its intention to do so pursuant to section 128 of the
Resource Management Act 1991, at any time within three months of 30 June
each year for the duration of this consent, for the purpose of:
Reviewing surface water allocation requirements; and/or
Dealing with any adverse effects on the environment which may arise
from the exercise of this consent, and which is appropriate to deal
with at a later stage; and/or
Enabling consistency with the relevant Regional Plan(s); and/or
To incorporate a minimum flow for the Wainuiomata River and any
low flow restrictions; and/or
Dealing with any adverse effects on the Wainuiomata River which
may arise from the exercise of this consent which are greater than
those anticipated at the time it was granted.
PAGE 18 OF 26
170076-788878747-55
Important notes relating to measuring and reporting of your water take:
1.
A suitably qualified person is an individual/company that is registered with the
Water Measurement Accreditation Programme or can demonstrate an
appropriate standard of installation or verification to the satisfaction of the
Manager, Environmental Regulation, Wellington Regional Council.
2.
For water meter installation, where industry best practice guidelines differ from
manufacturer’s specifications, the more stringent standard applies, unless
special circumstances apply to the satisfaction of the Manager, Environmental
Regulation, Wellington Regional Council. Therefore verification of the water
measuring device/system can only be achieved when the most stringent
standard (either industry best practice or manufacturer’s specifications) for
installation has been achieved.
3.
The annual take volume shall be assessed for the period 1 July to 30 June the
following year.
General notes:
a)
This resource consent does not guarantee that quantity or quality of water will
be maintained or available.
b)
Please contact the Wellington Regional Council, Environmental Regulation, if
you plan to make any modifications to the intake, pump, or irrigation system.
Any significant modifications may require you to apply for a change of consent
conditions.
c)
A resource management charge, set in accordance with section 36(2) of the
Resource Management Act 1991 shall be paid to the Regional Council for the
carrying out of its functions in relation to the administration, monitoring, and
supervision of resource consents and for the carrying out of its functions under
section 35 (duty to gather information, monitor, and keep records) of the Act.
d)
The Wellington Regional Council shall be entitled to recover from the consent
holder the costs of any review, calculated in accordance with and limited to the
Council’s scale of charges in force and applicable at that time pursuant to
section 36 of the Resource Management Act 1991.
170076-788878747-55
PAGE 19 OF 26
Attachment 1: Consent conditions
34330: Land use consent for gravel extraction from the bed of the Wainuiomata
River
General condition
1.
The location, design, implementation and operation of the activity shall be in
general accordance with the consent application and its associated location
plans and documents lodged with the Wellington Regional Council on
29 September 2016 and further information submitted on 26 October 2016.
Where there may be contradiction or inconsistencies between the application
and further information provided by the applicant, the most recent information
applies. In addition, where there may be inconsistencies between information
provided by the applicant and conditions of the consent, the conditions apply.
Note: Any change from the location, design concepts and parameters,
implementation and/or operation may require a new resource consent or a
change of consent conditions pursuant to section 127 of the Resource
Management Act 1991.
2.
The Manager, Environmental Regulation, Wellington Regional Council shall
be given a minimum of two working days (48 hours) notice prior to any
extraction activity commencing.
Note: Notifications can be emailed to [email address]. Please include
the consent reference WGN170076 and the name and phone number of a
contact person responsible for the proposed works.
3.
The consent holder shall provide a copy of this consent and any documents and
plans referred to in this consent to each operator or contractor undertaking
works authorised by this consent, prior to the works commencing.
Note: It is recommended that the contractors be verbally briefed on the
requirements of the conditions of this consent prior to works commencing.
4.
All works authorised by this consent including tidy up on completion of the
works are the responsibility of the consent holder and shall be completed to the
satisfaction of the Manager, Environmental Regulation, Wellington Regional
Council.
Quantity of gravel extracted
5.
The annual volume of gravel extracted under this consent shall not exceed
150m3/year at the site(s) specified in the application as lodged with the
Wellington Regional Council on 29 September 2016. The total volume of
gravel extracted under this consent shall not exceed 1,500m3.
PAGE 20 OF 26
170076-788878747-55
Method of extraction
6.
There shall be no excavation of gravel, sand, or other material from the active
river channel containing flowing water, and there shall be no diversion of any
flowing water as a result of the extraction works.
7.
Gravel extraction shall be taken from dry beaches only and all extraction shall be
limited to a level no less than 100mm above the prevailing water level, as measured at
the time of extraction.
8.
No machinery shall operate in flowing water in the active river channel, except
for crossings to access gravel deposits and to haul gravel.
9.
River crossings shall be generally limited to one crossing point at each gravel
extraction location, and otherwise shall be kept to a practicable minimum
where one single crossing point may not be achieved.
10.
Gravel extraction shall be undertaken in strips parallel with the flow of the
river, commencing from the riverward edge of the gravel beach and moving
landward where possible.
11.
There shall be stockpiling of excavated material in the river-bed and any small
stockpiles formed in the river-bed on a daily basis shall be positioned in
alignment parallel with the flow of the river.
Timing of extraction
12.
The extraction of gravel shall be limited to the following times between
Monday and Friday of any week (unless otherwise agreed upon in writing to
the satisfaction of the Manager, Environmental Regulation, Wellington
Regional Council):
Within daylight saving between 7.00am and 8.00pm.
For times outside daylight saving, normal working hours of 7.30am to
5.00pm.
Extraction is to cease immediately outside of normal working hours
(7.30am to 5.00pm) if there are any recreational users in the riverbed
within 300 metres of the extraction site.
13.
No gravel extraction and associated river crossings will be carried out between
the periods 24 December to 3 January inclusive to ensure there is no
disturbance during the public holiday period.
Effects on birds and native fish
14.
The consent holder shall take all reasonable steps to identify the location of
nests and avoid disturbance to nesting native birds, in particular banded
dotterels, black-fronted dotterels, black-billed gulls, pied stilts and variable
oyster-catchers during the months of September to December, inclusive.
170076-788878747-55
PAGE 21 OF 26
15.
No in stream works shall be carried out in the active channel (ie, flowing water
in the river bed) during the key recruitment migration period for native fish
species between 1 August to 31 December inclusive.
Public Access and Safety
16.
Public access to the river-bed shall not be restricted by gravel extraction
operations, other than in situations where there is a demonstrable risk to public
safety.
17.
The consent holder shall erect warning signs in the vicinity of the works where
the extraction operation is likely to be potentially hazardous to any person
using the associated stretch of the river.
Handling of fuel, machinery and other hazardous substances
18.
The consent holder shall ensure that:
a)
All machinery is thoroughly cleaned of vegetation (e.g. weeds), seeds
or contaminants at least 10 metres away from any watercourse, water
flow channel or stormwater system, prior to entering the site
b)
All machinery shall be regularly maintained in such a manner to
ensure no contaminants (including but not limited to oil, petrol, diesel,
hydraulic fluid) shall be released into water, or to land where it may
enter water, from equipment being used for the works
c)
All contaminant storage or re-fuelling areas are bunded or contained
in such a manner so as to prevent the discharge of contaminants to
water or to land where it may enter water.
d)
No machinery is cleaned, stored or refuelled within 10 metres of any
waterbody, water flow channel or stormwater system
19.
In the event of a spill of fuel, hydraulic fluid, or other potential liquid
contaminants, immediate steps shall be taken to contain the spilt contaminant.
The spilt contaminants and any material used to contain it shall be removed
from the site and disposed of at authorised landfill. The consent holder shall
also immediately notify the Manager, Environmental Regulation, Wellington
Regional Council of the spill and actions to be taken.
20.
The consent holder shall ensure that prior to entering the riverbed that all
vehicles, mobile plant, or machinery is inspected for the presence of invasive
or pest aquatic plants including ‘didymo’. In the event that an invasive or pest
aquatic plant or ‘didymo’ is discovered upon the vehicle, mobile plant, or
machinery it shall be cleaned, to the satisfaction of the Manager,
Environmental Regulation, Wellington Regional Council.
Note: The machinery shall be cleaned in accordance with the Ministry for
Primary
Industries
cleaning
methods
which
can
be
found
at
http://www.biosecurity.govt.nz/pests.
PAGE 22 OF 26
170076-788878747-55
Cultural sites, artefacts and human remains
21.
If koiwi, taonga or other archaeological material is discovered in any area
during the works, work shall immediately cease and the consent holder shall
contact Te Runanga o Toa Rangatira, Port Nicholson Block Settlement Trust
, Heritage New Zealand and Wellington Regional Council within twenty-four
hours. If human remains are found, the New Zealand Police shall also be
contacted. The consent holder shall allow the above parties to inspect the site
and in consultation with them, identify what needs to occur before work can
resume.
Note: Evidence of archaeological material may include burnt stones, charcoal,
rubbish heaps, shell, bone, old building foundations, artefacts and human
burials.
Records
22.
The consent holder record the quantity of gravel, sand or other material
excavated (in cubic metres), measured with an accuracy of + 10% or better, for
the sites authorised under this consent and supply these to the Manager,
Environmental Regulation, Wellington Regional Council on an annual basis
(by 30 June each year).
Note: Records can be emailed to [email address]. Please include the
consent reference WGN170076 and a contact name and phone number of the
person responsible for the gravel extraction.
Photographic record
23.
The consent holder shall compile photographic records of each area of gravel
extraction, every time gravel is extracted under this consent. As far as
practicable, the consent holder shall select one location where photographs will
be taken from for each site. These photographic records shall include, but not
be limited to, photographs of the following items:
a)
The location of the proposed works: incorporating the works area and
the stretches of the stream that may be affected by the extraction (i.e.
prior to each extraction commencing);
b)
The site
during the extraction: incorporating the works area and
stretches of the stream identified in (a); and
c)
The site immediately
upon the completion of the extraction (within
one week): incorporating the works area and stretches of the stream
identified in (a).
The photographic record of items identified in (a), (b) and (c) shall be
submitted to the Manager, Environmental Regulation, Wellington Regional
Council, as soon as possible but within one week of the photographs identified
in (c) being taken.
170076-788878747-55
PAGE 23 OF 26
All submitted photographs shall include:
The date the photographs were taken
The time the photographs were taken
A description of the site location (e.g. map reference, address) of
where the photograph was taken, and
A description of what aspect of the works the photograph relates to
The photographs and details shall be to the satisfaction of the Manager,
Environmental Regulation, Wellington Regional Council.
Note 1: The photographic record should demonstrate compliance with the
conditions of this consent.
Note 2: Photographic records i.e. electronic picture files from digital cameras
can be emailed to [email address]. Please include the consent
number WGN170076 date and time photographs were taken and a description
of the site location (e.g. map reference, address).
Gravel extraction – Site rehabilitation
24.
Oversize boulders or other sediment initially removed from the river beach, but
later considered unsuitable for use, shall be spread in holes or hollows on the
gravel beaches from which the original extraction was undertaken. This
unsuitable material shall not be left in piles in the riverbed or beach.
25.
The area from which the material is extracted, or unsuitable material is
replaced, shall be smoothed over after use so that there are no depressions,
mounds, steep cut banks or edges left on the riverbed/beach.
26.
Any damage or erosion to river banks, access tracks (including the public road)
that is attributable to the gravel extraction operation shall be remedied by the
consent holder as soon as practicable.
Note: Additional resource consent may be required to undertake any remedial
works.
Maintenance of works
27.
The works shall remain the responsibility of the consent holder and shall be
maintained to the satisfaction of the Manager, Environmental Regulation,
Wellington Regional Council so that any erosion, scour or instability of the
stream bed or banks that is attributable to the works carried out as part of this
consent is remedied by the consent holder.
PAGE 24 OF 26
170076-788878747-55
Note: Maintenance does not include any works outside of the scope of the
application. Any additional works (including structures, reshaping or
disturbance to the bed of the watercourse) following completion of the
construction works as proposed in the application, may require further
resource consents.
Complaints
28.
The consent holder shall maintain a permanent record of any complaints
received alleging adverse effects from or related to the works. This record shall
include:
The name and address of the complainant (if provided)
The date and time that the complaint was received
Details of the alleged event
Weather conditions at the time of the complaint, and
Any measures taken to mitigate/remedy the cause of the complaint
This record shall be made available to the Manager, Environmental Regulation,
Wellington Regional Council, on request.
Review of conditions
29.
The Wellington Regional Council may review any or all conditions of this
permit by giving notice of its intention to do so pursuant to section 128 of the
Resource Management Act 1991, at any time within three months of the date of
commencement of this consent for the following purposes:
Dealing with any adverse effects on the environment which may arise
from the exercise of this consent, and which is appropriate to deal
with at a later stage; and/or
To review the adequacy of any plans and/or alter any monitoring
requirements prepared for this consent so as to incorporate into the
consent any modification which may become necessary to clarify or
deal with any adverse effect on the environment of arising from this
activity; and/or
To enable consistency with any relevant Regional Plans or any
National Environmental Standards or Regulations.
The review of conditions shall allow for the deletion or amendment of
conditions of this consent; and the addition of such new conditions as are
shown to be necessary to avoid, remedy or mitigate any significant adverse
effects on the environment.
170076-788878747-55
PAGE 25 OF 26
Notes:
a)
A resource management charge, set in accordance with Section 36(2) of the
Resource Management Act 1991 (the Act) shall be paid to the Regional
Council for the carrying out of its functions in relation to the administration,
monitoring, and supervision of resource consents and for the carrying out of its
functions under section 35 (duty to gather information, monitor and keep
records) of the Act.
b)
The Wellington Regional Council shall be entitled to recover from the consent
holder the costs of the conduct of any review, calculated in accordance with
and limited to that Council's scale of charge in force and applicable at that time
pursuant to Section 36 of the Resource Management Act 1991.
PAGE 26 OF 26
170076-788878747-55
From:
Mike Friday
To:
Paul Duffin
Subject:
Re: [EXTERNAL] Re: Hi. Can I call you regarding 1044 Coast Road. Thanks
Date:
Friday, 2 February 2024 8:51:19 am
Attachments:
image001.png
image002.png
image003.png
ATT00001.png
ATT00002.png
ATT00001.png
Hi Paul,
Yes all good for 12
No I don’t have any consents with the Hutt city council it is all of the regional council to do with the
earthworks and farm tracks.
We are in the process of applying for consent with HCC that the consultants are working on which we will
submit next month.
The work on the farm is all farm based with cleaning up our farm laneways for the stock, fencing, installing
water, water trough construction, farmland cultivation all within our GWRC.
Ngā mihi nui / Thank you
Mike Friday
D I R E C T O R
p 021965699
E [email address]
fhgroup.co.nz
From: Paul Duffin <[email address]>
Sent: Friday, February 2, 2024 8:26:50 AM
To: Mike Friday <[email address]>
Subject: RE: [EXTERNAL] Re: Hi. Can I call you regarding 1044 Coast Road. Thanks
Morning Mike.
Checking in to see if we are still on to meet at noon today. Also- all the information that you sent through to me is
Wellington Regional Council based. Do you have any resource consents for earthworks issued by HCC?
Paul Duffin
Senior Monitoring & Enforcement Officer
Hutt City Council, 30 Laings Road, Hutt Central, Lower Hutt 5010
P: M: 027 285 7154
W: www.huttcity.govt.nz
IMPORTANT: The information contained in this e-mail message may be legally privileged or confidential.
The information is intended only for the recipient named in the e-mail message. If the reader of this e-mail
message is not the intended recipient, you are notified that any use, copying or distribution of this e-mail
message is prohibited. If you have received this e-mail message in error, please notify the sender
immediately. Thank you
IMPORTANT: The information contained in this e-mail message may be legally privileged or confidential.
The information is intended only for the recipient named in the e-mail message. If the reader of this e-mail
message is not the intended recipient, you are notified that any use, copying or distribution of this e-mail
message is prohibited. If you have received this e-mail message in error, please notify the sender
immediately. Thank you
From: Mike Friday <[email address]>
Sent: Wednesday, January 24, 2024 11:18 AM
To: Paul Duffin <[email address]>
Subject: [EXTERNAL] Re: Hi. Can I call you regarding 1044 Coast Road. Thanks
Yeah mate all good
Ngā mihi nui / Thank you
Mike Friday
D I R E C T O R
p 021965699
E [email address]
fhgroup.co.nz
From: Paul Duffin <[email address]>
Sent: Wednesday, January 24, 2024 11:11:58 AM
To: Mike Friday <[email address]>
Subject: Hi. Can I call you regarding 1044 Coast Road. Thanks
Paul Duffin
Senior Monitoring & Enforcement Officer
Hutt City Council, 30 Laings Road, Hutt Central, Lower Hutt 5010
P: M: 027 285 7154
W: www.huttcity.govt.nz
Summary of your rights and responsibilities
(Not part of the resource consent)
This resource consent gives you the right to use a public resource (e.g. water, air, the coastal marine
area) in the manner specified in the consent.
You may exercise the resource consent as you see fit provided that you comply with all the conditions
of your resource consent and all other laws of the land.
If you wish to change the way you operate under this resource consent or if you wish to change or cancel
any consent conditions, please contact the Greater Wellington Regional Council (GWRC) prior to making
the changes. You may need a formal change to your resource consent conditions.
You may transfer your coastal, discharge, or water permit to any other person. If you sell your operation
please contact GWRC and we will arrange the transfer for you (at no cost) once you’ve completed a
‘Transfer of Permit’ form including the signatures of the old and new owners.
If your resource consent application contained inaccurate or misleading information, GWRC may cancel
or alter the resource consent.
Your resource consent does not:
•
provide any warranty of any structure or process;
•
provide any guarantee that the resource will be available at all times;
•
provide any right of access through or over public or private land;
•
negate the need for any approvals necessary under other legislation.
You as the holder(s) of this resource consent and your agents (including contractors and employees), are
jointly and severally liable for compliance with the conditions of this consent. It is important that anyone
operating on your behalf fully understands and complies with the conditions of the resource consent.
You are required to pay any relevant charges that are associated with the processing and monitoring of
your consent under section 36 of the Resource Management Act 1991. Charges may be reviewed every
year. If you would like a copy of our current Resource Management Charging Policy please ask us.
You have the right to object to the decision on your consent and/or any additional charges (over and
above fixed charges) under section 357A and 357B of the Resource Management Act 1991. Such an
objection should be made in writing, setting out the reasons, and be received by us within 15 working
days of any decision on your consent and/or additional charges being notified to you.
You are required to allow GWRC Enforcement Officers access to your site and operation at any
reasonable time so that we can inspect your operation and confirm that it is complying with your
resource consent.
Your resource consent will lapse if you do not give effect to it within five years of the date it was granted
(unless otherwise specified in the resource consent conditions). If you wish to apply for an extension of
this lapse date please contact GWRC before the lapse date.
If you stop using your resource consent for a continuous five-year period, GWRC may cancel your
resource consent. We will advise you in advance if we propose to cancel your consent. You have the right
to object to your consent being cancelled.
This consent is issued without prejudice to any claim that is lodged with the Waitangi Tribunal in relation
to the customary ownership of natural resources, whether it be a claim that is awaiting hearing or
awaiting settlement by the Crown.
Conditions to Resource Consent
WGN080503 [26982]
1.
The location, design, construction, implementation and operation of all works shall be carried out in accordance
with the application and associated documents and plans, lodged with the Wellington Regional Council on
6 June 2008 and further information received on 16 September 2008.
Note: Any change from the location, design concepts and parameters, and implementation may require a
change in consent conditions under section 127 of the Resource Management Act 1991.
2.
The Manager, Environmental Regulation, Wellington Regional Council, shall be given least 48 hours notice prior
to works commencing, and thereafter shall be notified at least 48 hours prior to further works.
3.
The permit holder shall provide a copy of this permit and any documents referred to in this permit to each
operator or contractor undertaking works authorised by this permit, before that operator or contractor starts any
works.
4.
The permit holder shall ensure that a copy of this permit is kept on site at all times and presented to any
Wellington Regional Council officer on request.
5.
All reasonable steps shall be taken to minimise sediment loading and increased turbidity during implementation
of all diversion works. The permit holder shall divert water only for the period necessary to carry out the works.
6.
All works shall be undertaken in a manner that provides for fish passage wherever possible. Any fish entrapped
by works shall be relocated upstream into clear water as soon as possible.
7.
The works shall remain the responsibility of the permit holder and shall be maintained to the satisfaction of the
Manager, Environmental Regulation, Wellington Regional Council. This shall include the repair of any erosion of
the bed and/or banks of the river that is attributable to the works and completing any reshaping of the river bed
channel should it be deemed necessary by the Manager, Environmental Regulation, Wellington Regional
Council.
8.
All works affecting the river, including tidy up on completion of the works, shall be to the satisfaction of the
Manager, Environmental Regulation, Wellington Regional Council.
Note: Additional resource consents from your local council may be required to undertake this proposal. We advise you to
contact Hutt City Council prior to commencing works.
…………………….
29 May 2023
Summary of your rights and responsibilities
(Not part of the resource consent)
This resource consent gives you the right to use a public resource (e.g. water, air, the coastal marine
area) in the manner specified in the consent.
You may exercise the resource consent as you see fit provided that you comply with all the conditions
of your resource consent and all other laws of the land.
If you wish to change the way you operate under this resource consent or if you wish to change or cancel
any consent conditions, please contact the Greater Wellington Regional Council (GWRC) prior to making
the changes. You may need a formal change to your resource consent conditions.
You may transfer your coastal, discharge, or water permit to any other person. If you sell your operation
please contact GWRC and we will arrange the transfer for you (at no cost) once you’ve completed a
‘Transfer of Permit’ form including the signatures of the old and new owners.
If your resource consent application contained inaccurate or misleading information, GWRC may cancel
or alter the resource consent.
Your resource consent does not:
•
provide any warranty of any structure or process;
•
provide any guarantee that the resource will be available at all times;
•
provide any right of access through or over public or private land;
•
negate the need for any approvals necessary under other legislation.
You as the holder(s) of this resource consent and your agents (including contractors and employees), are
jointly and severally liable for compliance with the conditions of this consent. It is important that anyone
operating on your behalf fully understands and complies with the conditions of the resource consent.
You are required to pay any relevant charges that are associated with the processing and monitoring of
your consent under section 36 of the Resource Management Act 1991. Charges may be reviewed every
year. If you would like a copy of our current Resource Management Charging Policy please ask us.
You have the right to object to the decision on your consent and/or any additional charges (over and
above fixed charges) under section 357A and 357B of the Resource Management Act 1991. Such an
objection should be made in writing, setting out the reasons, and be received by us within 15 working
days of any decision on your consent and/or additional charges being notified to you.
You are required to allow GWRC Enforcement Officers access to your site and operation at any
reasonable time so that we can inspect your operation and confirm that it is complying with your
resource consent.
Your resource consent will lapse if you do not give effect to it within five years of the date it was granted
(unless otherwise specified in the resource consent conditions). If you wish to apply for an extension of
this lapse date please contact GWRC before the lapse date.
If you stop using your resource consent for a continuous five-year period, GWRC may cancel your
resource consent. We will advise you in advance if we propose to cancel your consent. You have the right
to object to your consent being cancelled.
This consent is issued without prejudice to any claim that is lodged with the Waitangi Tribunal in relation
to the customary ownership of natural resources, whether it be a claim that is awaiting hearing or
awaiting settlement by the Crown.
Conditions to Resource Consent
WGN080503 [27332]
1.
The location, design, implementation and operation of the works shall be in general accordance with the consent
application and its associated plans and documents lodged with the Wellington Regional Council on 6 June 2008
and further information received on 16 September 2008.
2.
A copy of this consent shall be held on-site for the duration of the activity/works and be made available to any
Wellington Regional Council officer on request.
3.
The consent holder shall ensure that, as far as practicable, all works carried out in the dry bed of the stream,
including shaping and construction of the banks.
4.
The Manager, Environmental Regulation, Wellington Regional Council shall be given least 48 hours notice prior to
any works commencing. This notice must include but not be limited to the following:
a)
description of the works to be undertaken; and
b)
methodology of the works to be undertaken.
5.
The Manager, Flood Protection, Wellington Regional Council shall be given least 48 hours notice prior to any works
commencing. This notice must include but not be limited to the following:
a)
description of the works to be undertaken; and
b)
methodology of the works to be undertaken.
6.
The consent holder shall take all practicable steps to minimise sedimentation and increased turbidity of the stream
during the construction, implementation and maintenance of the works, including:
a)
completing all works in the minimum time practicable;
b)
minimising the area of disturbance at all times;
c)
avoiding placement of construction or excavated material in the wetted channel;
d)
separating construction activities from the wetted channel, where practicable; and
e)
minimising time spent by machinery in the wetted channel, and the number and frequency of machine
crossings of the wetted channel of the stream, to a practicable minimum at all times.
7.
Any excess material from the construction and implementation of the works shall be immediately removed from
the bed and banks of the stream on completion of the works, and disposed of in an appropriate manner.
8.
The consent holder shall ensure that:
a)
all machinery is thoroughly cleaned of unwanted vegetation (e.g. weeds), seeds or contaminants prior to
entering the site;
b)
no contaminants (including but not limited to oil, petrol, diesel, hydraulic fluid) shall be released into water
from equipment being used for the works;
…………………….
29 May 2023
c)
all contaminant storage or re-fuelling areas are bunded or contained in such a manner so as to prevent
the discharge of contaminants;
d)
all machinery is regularly maintained in such a manner so as to minimise the potential for leakage of
contaminants; and
e)
no machinery is cleaned, stored or refuelled within 10 metres of any ephemeral or permanent watercourse.
9.
The consent holder shall ensure that the works are undertaken in a manner that does not impede fish passage
and that fish passage is maintained at all times during and on completion of the construction works along the
stretches of river affected by the exercise of this consent.
10.
Any fish stranded or trapped by the construction works as authorised by this consent shall be immediately relocated
by the consent holder to clear, flowing water.
11.
No works shall be carried out between 1 May to 31 August inclusive (trout spawning season), unless authorised
by the written approval of the Manager Environmental Regulation, Wellington Regional Council.
Note: Manager Environmental Regulation, Wellington Regional Council will consult with Fish and Game New
Zealand with regard to any works within trout spawning season.
12.
The consent holder shall take all practicable steps to ensure that the works are carried out such that:
a)
a meander pattern is maintained in the wetted channel of the river;
b)
the width of the wetted channel of the stream is not reduced by the planting of willows or native plants (i.e.
all planting shall be outside the active bed of the river);
c)
disturbance to the bed of the stream is minimised; and
d)
areas of complex river habitat (i.e. pool-riffle-run sequences) are maintained.
13.
The consent holder shall ensure that any area of native vegetation on the banks of the stream that is damaged or
destroyed due to the works is replanted with appropriate native species within one month of works being completed.
14.
The consent holder shall ensure that all exposed areas of stream banks are stabilised against erosion by re-
vegetating the area, as soon as practicable, upon completion of the works.
Note: For the purposes of this condition “stabilised” means inherently resistant to erosion or rendered resistant,
such as by using indurated rock or by the application of basecourse, colluvium, grassing, mulch, or another method
to the reasonable satisfaction of the Manager, Environmental Regulation, Wellington Regional Council and as
specified in the Erosion and Sediment Control Guidelines for the Wellington Region, September 2002. Where
seeding or grassing is used on a surface that is not otherwise resistant to erosion, the surface is considered
stabilised once, on reasonable visual inspection by the Manager, Environmental Regulation, Wellington Regional
Council, 80% vegetative ground cover has been established.
15.
If koiwi, taonga or other artefact material is discovered in any area during the extraction works, the consent holder
shall contact the Manager, Environmental Regulation, Wellington Regional Council, Wellington Tenths Trust and
Ngati Toa immediately, and works in that area shall cease to allow a site inspection by the Manager and these
groups and their advisors. The consent holder shall then consult with Wellington Tenths Trust and Ngati Toa on
appropriate steps to recover the artefacts in order that works can resume. If skeletal remains are discovered, works
shall also cease and the consent holder shall contact the New Zealand Police.
16.
To minimise the potential for erosion, scour and/or instability, the consent holder shall:
a)
only use natural rock and soil material to reclaim the bed of the stream; and
b)
carefully place and sufficiently compact all fill material.
…………………….
29 May 2023
17.
The works shall remain the responsibility of the consent holder and shall be regularly inspected and maintained by
the consent holder so that any erosion of the stream banks or bed due to the works is remedied by the consent
holder
Note: Maintenance works shall not include any works outside of the scope of the application. Any additional works
(including structures, reshaping or disturbance to the stream bed) following completion of the construction works
as proposed in the application may require further resource consents.
18.
All works affecting the stream, including tidy up on completion of the works, shall be completed to the satisfaction
of the Manager, Environmental Regulation, Wellington Regional Council.
Note: Additional resource consents from your local council may be required to undertake this proposal. We advise you to
contact Hutt City Council prior to commencing works.
…………………….
29 May 2023
Non-notified resource consent application
report and decision
Summary of decision
Activity:
To undertake works in the bed of the Wainuiomata River
to remedy and avoid future erosion and scouring caused
by flood flows.
File Reference:
WGN080503
Date Granted:
21 November 2008
Commencement date:
21 November 2008
Applicant:
Shayne Edwards
Totara Downs
1044 Coast Road
RD 1
Wainuiomata 5373
Decision made under:
Section 104B & 108 of the Resource Management Act
(the Act)
Consent Granted:
[26982] : Discretionary Activity
Water permit – to permanently divert the flow of
secondary channels within the bed of the Wainuiomata
River.
[27332] : Discretionary Activity
Land use consent - to construct rock rip-rap bank
protection structures, to temporarily place bunds in, and to
drain and reclaim secondary channels within the bed of the
Wainuiomata River, including the associated disturbance
of the river.
Location:
Approximately a 2 kilometre (km) stretch of the
Wainuiomata River located within the boundary of Totara
Downs, 1044 Coast Road, Wainuiomata
Map Reference:
Upstream boundary: At or about map reference
NZMS
260: R27:2670268, 5983090
Downstream boundary: At or about map reference
NZMS
260: R27:2669103, 5982135
Legal Description:
Lot 1 DP 323093
Duration of Consent:
[26982]: 20 years
Subject to conditions:
Attachment 1
Decision
Luke Faithfull
Resource Advisor,
recommended by:
Environmental
Regulation
Decision peer
Sean Lisle
Resource Advisor,
reviewed by:
Environmental
Regulation
Decision approved
Alistair Cross
Manager,
by:
Environmental
Regulation
Reasons for decision:
resource consent WGN080503 [26982] & [27332]
1.
Background
Shayne Edwards (the applicant) has applied to Greater Wellington Regional
Council (GW) for resource consents to undertake various works in a section of
the Wainuiomata River that passes through his property. The section of the
river is approximately 2 km in length and the consent will allow the applicant
to implement different measures to assist in avoiding, remedying and
mitigating flood and erosion damage to his land adjacent to the river. While
the specific methodology can only be determined at the time of the works, the
applicant has stated in the application that the river works will potentially
involve the creation of bunds in the wetbed of the river, the reclamation of side
channels, the permanent diversion of those side channels back into the main
flow of the river and the movement of river gravels to create bank protection in
erosion prone areas.
In the past, the applicant has had a long history of flooding and erosion issues
on the property. In 2004, the applicant purchased the property and it was soon
evident that that the lack of river maintenance in the past had resulted in
substantial erosion of the banks. Flooding that occurred in the subsequent
years caused further damage to the applicant’s property resulting in the loss of
large amounts of land and stock.
This year the Wellington region experienced a number of significantly large
rainfall events which resulted in increased high flow events in the
Wainuiomata River. During these events, the river has eroded a considerable
amount of the applicant’s land. The applicant feels that if it is not remedied the
river will continue to erode his land and eventually, this would cause similar
issues further downstream, both on the applicant’s property and neighbouring
properties. While this has been an on-going issue, the applicant is aware that
erosion protection must be addressed.
As illustrated in the following photos, substantial erosion can occur in a
relatively short time frame.
WGN_DOCS-#546526-V1
PAGE 1 OF 16
Figure 1: The Wainuiomata River as it flows through the applicant's property.
This photo was taken on 8 July 2008.
Figure 2: The same section of river as figure 1 but after a high flow event caused
bank erosion and undermined a stock fence. This photo was taken on 28 July
2008.
2.
Proposal
Given the variation of flooding and erosion along the stretch of the river, t he
location of the works will be determined by the applicant and be identified
PAGE 2 OF 16
WGN_DOCS-#546526-V1
through visual inspections of the river. As the location of works cannot be
specified at the time of considering this resource consent application, I am
recommending the granting of a global resource consent for the works.
As with the location, the duration of the works cannot be determined at the
time of considering the resource consent application. However, the applicant
has indicated that each set of works should take approximately half a day to a
day to complete.
The applicant intends to undertake numerous methods to avoid, remedy and
mitigate the effects of erosion on his property. These are discussed in section
2.1.1 of this report.
2.1.1
Stream works
The applicant proposed a suite of works that may be undertaken and these will
vary depending on what is required for each location within the river.
However, the works may involve the following:
• Minor river realignment of side channels (being meanders and secondary
flow channels) formed during high flows;
• Diversion of the flow of side channels back into the main flow of the river
and reclamation of the channels. Any diversion works will be undertaken
by bunding the channels to create dry working areas to minimise the
potential for sediment discharge;
• Removal of vegetation on the gravel beaches within the river;
• Excavation and cross blading of the river gravels to recontour beaches and
islands within the river channel;
• Moving gravel sourced from within the river to provide additional bank
protection for erosion prone areas; and
• Tethering of willows and additional planting along the banks of the river
The applicant would consult GW to determine the methodology of each set of
the works to be undertaken prior to works commencing.
The following methodology is an example of how the formation of a side
channel causing bank erosion would be addressed. The methodology that
would be used is as follows:
• Machinery will ford the newly formed channel to access the gravel beach;
• A bulldozer will create bunds by passing beach gravel material across the
side channel, at the upstream and downstream end to create a dry working
area;
• The side channel will be reclaimed by pushing beach gravel into the dry
channel;
WGN_DOCS-#546526-V1
PAGE 3 OF 16
• The area will be recontoured to form, as much as possible, a level area to
allow flows to spread over the areas evenly; and
• Grade the bunds to the same height as the recontoured beach.
While the applicant’s start date and duration of the works can not be defined it
is the applicant’s intention to undertake the works on an as required basis. The
majority of the works are to be done in the drier months when the river is in
low flow. Undertaking the works during this period will minimise the potential
for sedimentation and disturbance of the river. The majority of works to be
undertaken will be outside the actively flowing channel of the river.
2.2
Resource consents required
• Under section 13(1) of the Resource Management Act 1991 (the Act) no
peron may, in relation to the bed of any river-, use, erect…place…any
structure or any part of any structure in...the bed; excavate…or otherwise
disturb the bed; deposit any substance in, on…the bed; or reclaim or drain
the bed unless expressly allowed by a rule in a regional plan or a resource
consent.
As outlined in Section 2.2.1 of this report, the proposed vegetation removal,
beach recontouring and the tethering of willows and associated activities within
the river are expressly allowed by rules in a regional plan, and as such no
resource consent is required for these activities. However, the reclamation,
cross blading and construction of rock rip-rap bank protection sturctures is not
expressly allowed by a rule in the Regional Freshwater Plan for the Wellington
Region (RFP) or covered by existing resource consent; therefore, resource
consent is required for this activity.
• Under section 14(1)(a) of the Act no person may divert any water unless
the diversion is allowed by subsection (3) or is expressly allowed by a rule
in a regional plan or a resource consent.
As discussed in Section 2.2.1 of this report, the proposed permanent diversions
are not allowed by subsection (3) of the Act, and are not expressly allowed by a
rule in the RFP or covered by existing resource consent; therefore, resource
consent is required for these diversions.
2.2.1
Rules
Diversions - Rule 9 of the RFP provides for the minor diversion of
intermittently flowing streams. The rule states that the diversion of less that
1.5 m³/sec of fresh water from any intermittently flowing river or stream is a
permitted activity.
The proposed diversions of the Wainuiomata River do not meet the
requirements of rule 9 of the RFP, primarily because the river is not
intermittent; therefore, the works default to rule 16 of the RFP.
PAGE 4 OF 16
WGN_DOCS-#546526-V1
Rule 16 provides for the taking, use, damming, or diversion of any fresh water,
is a
Discretionary Activity.
Planting - Rule 24 of the RFP allows for the placement of any cabled willow or
willow clump for river bank erosion protection that is fixed in, on, or under the
bed of any river including any associated disturbance, deposition and temporary
diversion is a permitted activity subject to certain conditions, is a
Permitted
Activity.
As the works will be undertaken, as far as practicable, in the dry bed of the
river and the works are proposed to mitigate erosion which is the direct result
of flooding, the works meet the provisions of rule 24 of the RFP, as a permitted
activity.
Disturbance - Rule 36 allows for the disturbance of any river or lake bed
associated with clearing flood debris that poses a flood or erosion hazard or for
the purposes of protecting structures, is a
Permitted Activity, provided it
complies with certain conditions.
As the works will be undertaken within the stretch of river on the applicant’s
property and the works are proposed to mitigate erosion which is the direct
result of flooding, the works meet the provisions of rule 36 of the RFP, as a
permitted activity.
Recontouring - Rule 37 of the RFP provides for the disturbance and
recontouring of any part of the bed of any river that is not covered by water (i.e.,
beach recontouring) to remedy or mitigate the adverse effects of flooding or
erosion is a
Permitted Activity, subject to certain conditions.
As the works will be undertaken to mitigate erosion and the effects of flooding,
the works meet the provisions of rule 37 of the RFP, as a permitted activity.
Removal of Vegetation - Rule 40 of the RFP allows for the trimming and
removal of vegetation including any associated disturbance, deposition and
temporary diversion subject to certain conditions.
As the works will be undertaken to mitigate erosion and the effects of flooding,
the works meet the provisions of rule 40 of the RFP, as a permitted activity.
Planting - Rule 41 of the RFP allows for the deliberate introduction or planting
of any plant in the bed of any river or lake to remedy or mitigate the adverse
effects of flooding, erosion, or non-point source discharges of contaminants, or
to restore habitat, is a
Permitted Activity, subject to certain conditions.
As the works will be undertaken to mitigate erosion and the effects of flooding,
the works meet the provisions of rule 41 of the RFP, as a permitted activity.
The remaining works to be undertaken to avoid, remedy and mitigate the
effects of flooding and erosion to the applicant’s property will be carried out
under the provisions of rule 49 of the RFP, as a
Discretionary Activity.
WGN_DOCS-#546526-V1
PAGE 5 OF 16
While the majority of the remedial and mitigation measures are within the
permitted activity provisions of the RFP, the responsibility lies with the
applicant to ensure that the conditions for each of the permitted activities are
complied with. If the conditions of the permitted activity rules cannot be meet
then resource consent maybe required.
3.
Consultation
In accordance with Greater Wellington Regional Council’s (GW) agreement
with tangata whenua regarding consultation on non-notified consents
Wellington Tenths Trust and Ngati Toa were provided with a copy of the
application. Neither of these parties chose to comment on the application.
As part of the pre-application process, the applicant consulted with the
Department of Conservation (DOC) and the Fish and Game New Zealand
(F&G).
Officers of DOC inspected the applicant’s site and supported the proposed
remediation and mitigation works. Rob Stone, Poneke Area Manager, provided
the written approval on behalf of DOC on 18 September 2008.
F&G officer Corina Jordan, reviewed the application. Ms Jordan raised some
minor concerns regarding the permitted and consented activities of the RFP. I
advised Ms Jordan that these would be clearly defined within the report. Ms
Jordan was happy with this and provided F&G’s written approval on 30
October 2008.
Sharyn Westlake of GW’s Flood Protection Department was consulted as part
of the application process and stated that they were happy with the proposed
activities although it is hard to make a full assessment when the extent of the
works are unknown; however, she supported the proposed works. Sharyn
stated that GW’s Flood Protection is happy to provide the applicant advice on
river management for the duration of the consent.
Summer Warr of the Environmental Monitoring and Investigations Department
of GW was consulted as part of the application process. Miss Warr was happy
with the proposal and raised no concerns regarding the proposed works.
No other parties are considered affected by the proposed works.
4.
Reasons for waiver of notification
I consider that notification under Section 93(1)(b) of the Act is not required, as
the effects of the proposed river works on the environment will be no more
than minor, as outlined in section 5.2 of this report.
Section 94(2) of the Act provides that a consent authority is not required to
serve notice of an application under subsection (1) if all persons who, in the
opinion of the consent authority, may be adversely affected by the activity have
given their written approval to the activity. I consider that all the potentially
affected parties to this application have provided their approval; therefore, the
PAGE 6 OF 16
WGN_DOCS-#546526-V1
provisions of Section 94(2) of the act have been met and the application will be
processed non- notified.
The processing time for the application has been extended under Section
37A(2)(b) of the Act. The reason for the extension was to allow the applicant
further time to for consultation and negotiation to achieve an environmentally
acceptable outcome.
5.
Environmental effects
5.1
Existing environment
The Wainuiomata River flows through the applicant’s property on its way to
the where it discharges into the coast between Baring Head and Turakirae
Head. The section of river where the works are to take place is approximately
2km in length. The characteristics of the river through the applicant’s property
is a typical meander pattern commonly found low lying rural flood plains.
There a number of gravel islands and beaches, both vegetated and un-
vegetated, located through this section of the river. The surrounding land is
dominated by intensive pastoral farming.
Figure 3: The Wainuiomata River as it flows through the applicant's property.
Note the large gravel beaches and islands and the eroded banks, both very
typical of the river in this section.
5.2
Effects on water quality
Works in the beds of stream can cause a local and temporary increase in
turbidity and suspended solids concentration as well as reducing the water
WGN_DOCS-#546526-V1
PAGE 7 OF 16
clarity. High suspended solids concentrations can have adverse effects on the
in-stream ecology, especially if these conditions are maintained over time.
As the works will generally be of a short duration (approximately half a day to
day at a time), it is considered that the effects on the water quality of the stream
will be no more than minor. However, to ensure this, it is a recommended
consent condition that the applicant implements measures to ensure that
sedimentation is to be minimised.
Where possible, the applicant intends undertake the works during periods of
low flow and, where possible, will bund off the work areas to create a dry
working environment. As outlined in the application, machinery entry into the
watercourse will be minimal; however, some channels will need to be crossed
to access the gravel beach/island areas. Any refuelling or maintenance of
machinery will be conducted at a safe distance from the watercourse.
However, to ensure this, it is a recommended consent condition that no
contaminants (including but not limited to oil, petrol, diesel, paint, solvent)
shall be released to water from equipment being used for operation, and no
refuelling of equipment shall take place on any area river or lake bed .
5.3
Effects on fish
The principal adverse effect on fish will be from the discharge of sediment to
water during the proposed works in the active flowing water. However, this
will be from natural bed material being disturbed and fish are generally able to
avoid zones of highly turbid water while suffering little or no adverse effect.
The proposed works will not have an impact on fish passage in the
Wainuiomata River, as the works will generally be taking place outside the
main channel of the river; therefore, fish passage will be maintained at all times
as the main channel of the river will not be blocked. However, to ensure this, it
is a recommended consent condition that fish passage must be provided for at
all times. I have also recommended a consent condition to ensure that fish
passage is provided and that should fish become stranded by the works that
they are placed back into clear water upstream of the working area.
5.4
Flooding
The applicant does not anticipate that the proposed works will inhibit the flood
carrying capacity of the river. The proposed works involve the removal of
vegetation and the recontouring of the gravel beaches and islands. It is
anticipated that when high flow flood events occur, the flows should disperse
evenly over the beach area; therefore, the flood capacity of the river should not
be inhibited in any way.
As mentioned in section 2 of this report, the GW Flood Protection Department
was consulted and no concerns were raised in regard to the impact of the works
on the flood carrying capacity of the Wainuiomata River. In addition, I have
recommended a consent condition requiring consultation with GW Flood
Protection prior to works being undertaken.
PAGE 8 OF 16
WGN_DOCS-#546526-V1
5.5
Erosion and scour
The bed recontouring and placement of rock rip-rap in the bed of a stream has
the potential to cause erosion and/or scour of the stream bed and banks. The
applicant does not anticipate that erosion and scour will occur as a result of the
proposed works as the purpose of the works is to mitigate the effects of erosion
and scour. However, to ensure that any such issues are addressed, it is a
recommend consent condition that the consent holder repairs any erosion or
scour that is attributable to the works.
5.6
Summary
Provided the applicant undertakes the works as outlined in the application and
complies with the recommended consent conditions, the proposed works in the
Wainuiomata River should have a no more than minor effect on the local
environment.
6.
Statutory assessment
6.1
Resource Management Act 1991
Part II (Section 5) of the Act defines its purpose as the promotion of the
sustainable management of natural and physical resources. Sections 6, 7 and 8
of Part II define the matters a consent authority shall consider when achieving
this purpose. I consider this proposal is consistent with Part II.
Section 104 of the Act outlines the matters a consent authority must have
regard to. These matters include any actual and potential effects on the
environment of allowing the activity, relevant objectives, policies and rules of
a Regional Plan, the Regional Policy Statement, and any other matter
considered relevant and reasonably necessary to determine the application.
These matters have been considered in section 4 and 5 of this report.
6.2
Regional Policy Statement
The Regional Policy Statement for the Wellington Region (RPS) contains
several objectives and policies aimed at maintaining the quality of the
freshwater environment. These objectives and policies are intended to provide
for the current and reasonably foreseeable needs of current and future
generations. The relevant chapters of the RPS are Chapter 5 (Freshwater), 9
(Ecosystems) and 11 (Natural hazards). I consider that the proposed activities
outlined in the application are consistent with the objectives and policies of
these chapters.
6.3
Regional plans
The RFP has a number of objectives and policies that relate to the proposed
activity. The most relevant objectives and policies to consider is assessing this
application are listed below:
WGN_DOCS-#546526-V1
PAGE 9 OF 16
Policy 6.2.14 states that it is appropriate to allow minor or temporary
diversions where they are associated with authorised works and/or the exercise
of resource consent.
Objective 7.1.2 seeks to ensure that the risk of flooding and erosion is not
increased by carrying out activities in the beds of rivers. These effects are
addressed in section 5 of this report.
Policy 7.2.1 indicates that it is appropriate to allow activities for flood
mitigation and erosion protection purposes of any waterbody and its margins.
Policy 7.2.8 allows the re-contouring of the beds of rivers provided the
activities are necessary to avoid or mitigate the effects of flood hazard.
It is considered that the proposed works are consistent with the relevant
policies and objectives of the RFP.
7.
Main findings
1. The proposed activities are consistent with the Purposes and Principles of
the Act.
2. The proposed activities are consistent with the relevant objectives and
policies of the RPS and the RFP.
3. The actual or potential adverse effects of the proposed activities on the
environment will be no more than minor.
4. Conditions of the consent will ensure that the potential adverse effects of
the activities on the environment will be appropriately avoided, remedied
or mitigated.
5. The proposal incorporates appropriate mitigation measures, to ensure the
adverse effects are no more than minor.
7.1
Duration of consent
For water permit WGN080503 [26863] and land use consent WGN080503
[27332], it is considered that a duration of 20 years is appropriate, which is the
maximum allowable under section 123(c) of the Act, as the mitigation works
are of an on-going nature.
8.
Monitoring
Annual inspections of the works will be undertaken, as required, in accordance
with the
Resource Management Charging Policy (2008). Charges relating to
this inspection are outlined in the cover letter enclosed with this report.
PAGE 10 OF 16
WGN_DOCS-#546526-V1
Application lodged:
06/06/08
Application official y received:
27/06/08
Application stopped:
01/08/08
Application started:
04/11/08
Applicant to be notified of decision by: 21/11/08
Applicant notified of decision on: 21/11/08
Time taken to process application:
40 working days
WGN_DOCS-#546526-V1
PAGE 11 OF 16
9.
Attachment 1 WGN080503 [26863]
Water permit – to permanently divert the flow of secondary channels within the
bed of the Wainuiomata River.
1.
The location, design, construction, implementation and operation of
all works shall be carried out in accordance with the application and
associated documents and plans, lodged with the Wellington Regional
Council on 6 June 2008 and further information received on
16 September 2008.
Note:
Any change from the location, design concepts and
parameters, and implementation may require a change in consent
conditions under section 127 of the Resource Management Act 1991.
2.
The Manager, Environmental Regulation, Wellington Regional
Council, shall be given least 48 hours notice prior to works
commencing, and thereafter shall be notified at least 48 hours prior to
further works.
3.
The permit holder shall provide a copy of this permit and any
documents referred to in this permit to each operator or contractor
undertaking works authorised by this permit, before that operator or
contractor starts any works.
4.
The permit holder shall ensure that a copy of this permit is kept on site
at all times and presented to any Wellington Regional Council officer
on request.
5.
All reasonable steps shall be taken to minimise sediment loading and
increased turbidity during implementation of all diversion works. The
permit holder shall divert water only for the period necessary to carry
out the works.
6.
All works shall be undertaken in a manner that provides for fish
passage wherever possible. Any fish entrapped by works shall be
relocated upstream into clear water as soon as possible.
7.
The works shall remain the responsibility of the permit holder and
shall be maintained to the satisfaction of the Manager, Environmental
Regulation, Wellington Regional Council. This shall include the
repair of any erosion of the bed and/or banks of the river that is
attributable to the works and completing any reshaping of the river
bed channel should it be deemed necessary by the Manager,
Environmental Regulation, Wellington Regional Council.
8.
All works affecting the river, including tidy up on completion of the
works, shall be to the satisfaction of the Manager, Environmental
Regulation, Wellington Regional Council.
PAGE 12 OF 16
WGN_DOCS-#546526-V1
10.
Attachment 2 WGN080503 [27332]
Land use consent to construct rock rip-rap bank protection structures, to
temporarily place bunds in, and to drain and reclaim secondary channels within
the bed of the Wainuiomata River, including the associated disturbance of the
river.
1.
The location, design, implementation and operation of the works shall
be in general accordance with the consent application and its
associated plans and documents lodged with the Wellington Regional
Council on 6 June 2008 and further information received on
16 September 2008.
2.
A copy of this consent shall be held on-site for the duration of the
activity/works and be made available to any Wellington Regional
Council officer on request.
3.
The consent holder shall ensure that, as far as practicable, all works
carried out in the dry bed of the stream, including shaping and
construction of the banks.
4.
The Manager, Environmental Regulation, Wellington Regional
Council shall be given least 48 hours notice prior to any works
commencing. This notice must include but not be limited to the
following:
a)
description of the works to be undertaken; and
b)
methodology of the works to be undertaken.
5.
The Manager, Flood Protection, Wellington Regional Council shall be
given least 48 hours notice prior to any works commencing. This
notice must include but not be limited to the following:
a)
description of the works to be undertaken; and
b)
methodology of the works to be undertaken.
6.
The consent holder shall take all practicable steps to minimise
sedimentation and increased turbidity of the stream during the
construction, implementation and maintenance of the works,
including:
a)
completing all works in the minimum time practicable;
b)
minimising the area of disturbance at all times;
c)
avoiding placement of construction or excavated material in
the wetted channel;
WGN_DOCS-#546526-V1
PAGE 13 OF 16
d)
separating construction activities from the wetted channel,
where practicable; and
e)
minimising time spent by machinery in the wetted channel,
and the number and frequency of machine crossings of the
wetted channel of the stream, to a practicable minimum at all
times.
7.
Any excess material from the construction and implementation of the
works shall be immediately removed from the bed and banks of the
stream on completion of the works, and disposed of in an appropriate
manner.
8.
The consent holder shall ensure that:
a)
all machinery is thoroughly cleaned of unwanted vegetation
(e.g. weeds), seeds or contaminants prior to entering the site;
b)
no contaminants (including but not limited to oil, petrol,
diesel, hydraulic fluid) shall be released into water from
equipment being used for the works;
c)
all contaminant storage or re-fuelling areas are bunded or
contained in such a manner so as to prevent the discharge of
contaminants;
d)
all machinery is regularly maintained in such a manner so as
to minimise the potential for leakage of contaminants; and
e)
no machinery is cleaned, stored or refuelled within 10 metres
of any ephemeral or permanent watercourse.
9.
The consent holder shall ensure that the works are undertaken in a
manner that does not impede fish passage and that fish passage is
maintained at all times during and on completion of the construction
works along the stretches of river affected by the exercise of this
consent.
10.
Any fish stranded or trapped by the construction works as authorised
by this consent shall be immediately relocated by the consent holder
to clear, flowing water.
11.
No works shall be carried out between 1 May to 31 August inclusive
(trout spawning season), unless authorised by the written approval of
the Manager Environmental Regulation, Wellington Regional
Council.
Note: Manager Environmental Regulation, Wellington Regional
Council will consult with Fish and Game New Zealand with regard to
any works within trout spawning season.
PAGE 14 OF 16
WGN_DOCS-#546526-V1
12.
The consent holder shall take all practicable steps to ensure that the
works are carried out such that:
a)
a meander pattern is maintained in the wetted channel of the
river;
b)
the width of the wetted channel of the stream is not reduced
by the planting of willows or native plants (i.e. all planting
shall be outside the active bed of the river);
c)
disturbance to the bed of the stream is minimised; and
d)
areas of complex river habitat (i.e. pool-riffle-run sequences)
are maintained.
13.
The consent holder shall ensure that any area of native vegetation on
the banks of the stream that is damaged or destroyed due to the works
is replanted with appropriate native species within one month of
works being completed.
14.
The consent holder shall ensure that all exposed areas of stream banks
are stabilised against erosion by re-vegetating the area, as soon as
practicable, upon completion of the works.
Note: For the purposes of this condition “stabilised” means inherently
resistant to erosion or rendered resistant, such as by using indurated
rock or by the application of basecourse, colluvium, grassing, mulch,
or another method to the reasonable satisfaction of the Manager,
Environmental Regulation, Wellington Regional Council and as
specified in the Erosion and Sediment Control Guidelines for the
Wellington Region, September 2002. Where seeding or grassing is
used on a surface that is not otherwise resistant to erosion, the surface
is considered stabilised once, on reasonable visual inspection by the
Manager, Environmental Regulation, Wellington Regional Council,
80% vegetative ground cover has been established.
15.
If koiwi, taonga or other artefact material is discovered in any area
during the extraction works, the consent holder shall contact the
Manager, Environmental Regulation, Wellington Regional Council,
Wellington Tenths Trust and Ngati Toa immediately, and works in
that area shall cease to allow a site inspection by the Manager and
these groups and their advisors. The consent holder shall then consult
with Wellington Tenths Trust and Ngati Toa on appropriate steps to
recover the artefacts in order that works can resume. If skeletal
remains are discovered, works shall also cease and the consent holder
shall contact the New Zealand Police.
16.
To minimise the potential for erosion, scour and/or instability, the
consent holder shall:
WGN_DOCS-#546526-V1
PAGE 15 OF 16
a)
only use natural rock and soil material to reclaim the bed of
the stream; and
b)
carefully place and sufficiently compact all fill material.
17.
The works shall remain the responsibility of the consent holder and
shall be regularly inspected and maintained by the consent holder
so
that any erosion of the stream banks or bed due to the works is
remedied by the consent holder
Note: Maintenance works shall not include any works outside of the
scope of the application. Any additional works (including structures,
reshaping or disturbance to the stream bed) following completion of
the construction works as proposed in the application may require
further resource consents.
18.
All works affecting the stream, including tidy up on completion of the
works, shall be completed to the satisfaction of the Manager,
Environmental Regulation, Wellington Regional Council.
PAGE 16 OF 16
WGN_DOCS-#546526-V1
Summary of your rights and responsibilities
(Not part of the resource consent)
This resource consent gives you the right to use a public resource (e.g. water, air, the coastal marine
area) in the manner specified in the consent.
You may exercise the resource consent as you see fit provided that you comply with all the conditions of
your resource consent and all other laws of the land.
If you wish to change the way you operate under this resource consent or if you wish to change or cancel
any consent conditions, please contact the Greater Wellington Regional Council (GWRC) prior to
making the changes. You may need a formal change to your resource consent conditions.
You may transfer your coastal, discharge, or water permit to any other person. If you sell your operation
please contact GWRC and we will arrange the transfer for you (at no cost) once you’ve completed a
‘Transfer of Permit’ form including the signatures of the old and new owners.
If your resource consent application contained inaccurate or misleading information, GWRC may cancel
or alter the resource consent.
Your resource consent does not:
•
provide any warranty of any structure or process;
•
provide any guarantee that the resource will be available at all times;
•
provide any right of access through or over public or private land;
•
negate the need for any approvals necessary under other legislation.
You as the holder(s) of this resource consent and your agents (including contractors and employees), are
jointly and severally liable for compliance with the conditions of this consent. It is important that
anyone operating on your behalf fully understands and complies with the conditions of the resource
consent.
You are required to pay any relevant charges that are associated with the processing and monitoring of
your consent under section 36 of the Resource Management Act 1991. Charges may be reviewed every
year. If you would like a copy of our current Resource Management Charging Policy please ask us.
You have the right to object to the decision on your consent and/or any additional charges (over and
above fixed charges) under section 357A and 357B of the Resource Management Act 1991. Such an
objection should be made in writing, setting out the reasons, and be received by us within 15 working
days of any decision on your consent and/or additional charges being notified to you.
You are required to allow GWRC Enforcement Officers access to your site and operation at any
reasonable time so that we can inspect your operation and confirm that it is complying with your
resource consent.
Your resource consent will lapse if you do not give effect to it within five years of the date it was
granted (unless otherwise specified in the resource consent conditions). If you wish to apply for an
extension of this lapse date please contact GWRC before the lapse date.
If you stop using your resource consent for a continuous five-year period, GWRC may cancel your
resource consent. We will advise you in advance if we propose to cancel your consent. You have the
right to object to your consent being cancelled.
This consent is issued without prejudice to any claim that is lodged with the Waitangi Tribunal in
relation to the customary ownership of natural resources, whether it be a claim that is awaiting hearing
or awaiting settlement by the Crown.
Conditions to Resource Consent
WGN170076 [34330]
34330: Land use consent for gravel extraction from the bed of the Wainuiomata River
General condition
1.
The location, design, implementation and operation of the activity shall be in general accordance with the
consent application and its associated location plans and documents lodged with the Wellington Regional
Council on 29 September 2016 and further information submitted on 26 October 2016.
Where there may be contradiction or inconsistencies between the application and further information provided
by the applicant, the most recent information applies. In addition, where there may be inconsistencies between
information provided by the applicant and conditions of the consent, the conditions apply.
Note: Any change from the location, design concepts and parameters, implementation and/or operation may
require a new resource consent or a change of consent conditions pursuant to section 127 of the Resource
Management Act 1991.
2.
The Manager, Environmental Regulation, Wellington Regional Council shall be given a minimum of two working
days (48 hours) notice prior to any extraction activity commencing.
Note: Notifications can be emailed to [email address]. Please include the consent reference
WGN170076 and the name and phone number of a contact person responsible for the proposed works.
3.
The consent holder shall provide a copy of this consent and any documents and plans referred to in this
consent to each operator or contractor undertaking works authorised by this consent, prior to the works
commencing.
Note: It is recommended that the contractors be verbally briefed on the requirements of the conditions of this
consent prior to works commencing.
4.
All works authorised by this consent including tidy up on completion of the works are the responsibility of the
consent holder and shall be completed to the satisfaction of the Manager, Environmental Regulation,
Wellington Regional Council.
Quantity of gravel extracted
5.
The annual volume of gravel extracted under this consent shall not exceed 150m3/year at the site(s) specified
in the application as lodged with the Wellington Regional Council on 29 September 2016. The total volume of
gravel extracted under this consent shall not exceed 1,500m3.
Method of extraction
6.
There shall be no excavation of gravel, sand, or other material from the active river channel containing flowing
water, and there shall be no diversion of any flowing water as a result of the extraction works.
7.
Gravel extraction shall be taken from dry beaches only and all extraction shall be limited to a level no less than
100mm above the prevailing water level, as measured at the time of extraction.
8.
No machinery shall operate in flowing water in the active river channel, except for crossings to access gravel
deposits and to haul gravel.
9.
River crossings shall be generally limited to one crossing point at each gravel extraction location, and
otherwise shall be kept to a practicable minimum where one single crossing point may not be achieved.
…………………….
10.
Gravel extraction shall be undertaken in strips parallel with the flow of the river, commencing from the riverward
edge of the gravel beach and moving landward where possible.
11.
There shall be stockpiling of excavated material in the river-bed and any small stockpiles formed in the river-
bed on a daily basis shall be positioned in alignment parallel with the flow of the river.
Timing of extraction
12.
The extraction of gravel shall be limited to the following times between Monday and Friday of any week (unless
otherwise agreed upon in writing to the satisfaction of the Manager, Environmental Regulation, Wellington
Regional Council):
•
Within daylight saving between 7.00am and 8.00pm.
•
For times outside daylight saving, normal working hours of 7.30am to 5.00pm.
•
Extraction is to cease immediately outside of normal working hours (7.30am to 5.00pm) if there are
any recreational users in the riverbed within 300 metres of the extraction site.
13.
No gravel extraction and associated river crossings will be carried out between the periods 24 December to 3
January inclusive to ensure there is no disturbance during the public holiday period.
Effects on birds and native fish
14.
The consent holder shall take all reasonable steps to identify the location of nests and avoid disturbance to
nesting native birds, in particular banded dotterels, black-fronted dotterels, black-billed gulls, pied stilts and
variable oyster-catchers during the months of September to December, inclusive.
15.
No in stream works shall be carried out in the active channel (ie, flowing water in the river bed) during the key
recruitment migration period for native fish species between 1 August to 31 December inclusive.
Public Access and Safety
16.
Public access to the river-bed shall not be restricted by gravel extraction operations, other than in situations
where there is a demonstrable risk to public safety.
17.
The consent holder shall erect warning signs in the vicinity of the works where the extraction operation is likely
to be potentially hazardous to any person using the associated stretch of the river.
Handling of fuel, machinery and other hazardous substances
18.
The consent holder shall ensure that:
a)
All machinery is thoroughly cleaned of vegetation (e.g. weeds), seeds or contaminants at least 10
metres away from any watercourse, water flow channel or stormwater system, prior to entering the
site
b)
All machinery shall be regularly maintained in such a manner to ensure no contaminants (including
but not limited to oil, petrol, diesel, hydraulic fluid) shall be released into water, or to land where it
may enter water, from equipment being used for the works
c)
All contaminant storage or re-fuelling areas are bunded or contained in such a manner so as to
prevent the discharge of contaminants to water or to land where it may enter water.
d)
No machinery is cleaned, stored or refuelled within 10 metres of any waterbody, water flow channel
or stormwater system
…………………….
Continued Conditions to Resource Consent
WGN170076 [34330]
19.
In the event of a spill of fuel, hydraulic fluid, or other potential liquid contaminants, immediate steps shall be
taken to contain the spilt contaminant. The spilt contaminants and any material used to contain it shall be
removed from the site and disposed of at authorised landfill. The consent holder shall also immediately notify
the Manager, Environmental Regulation, Wellington Regional Council of the spill and actions to be taken.
20.
The consent holder shall ensure that prior to entering the riverbed that al vehicles, mobile plant, or machinery
is inspected for the presence of invasive or pest aquatic plants including ‘didymo’. In the event that an invasive
or pest aquatic plant or ‘didymo’ is discovered upon the vehicle, mobile plant, or machinery it shall be cleaned,
to the satisfaction of the Manager, Environmental Regulation, Wellington Regional Council.
Note: The machinery shall be cleaned in accordance with the Ministry for Primary Industries cleaning methods
which can be found at http://www.biosecurity.govt.nz/pests.
Cultural sites, artefacts and human remains
21.
If koiwi, taonga or other archaeological material is discovered in any area during the works, work shall
immediately cease and the consent holder shall contact Te Runanga o Toa Rangatira, Port Nicholson Block
Settlement Trust
, Heritage New Zealand and Wellington Regional Council within twenty-four hours. If human
remains are found, the New Zealand Police shall also be contacted. The consent holder shall allow the above
parties to inspect the site and in consultation with them, identify what needs to occur before work can resume.
Note: Evidence of archaeological material may include burnt stones, charcoal, rubbish heaps, shell, bone, old
building foundations, artefacts and human burials.
Records
22.
The consent holder record the quantity of gravel, sand or other material excavated (in cubic metres), measured
with an accuracy of + 10% or better, for the sites authorised under this consent and supply these to the
Manager, Environmental Regulation, Wellington Regional Council on an annual basis (by 30 June each year).
Note: Records can be emailed to [email address]. Please include the consent reference WGN170076
and a contact name and phone number of the person responsible for the gravel extraction.
Photographic record
23.
The consent holder shall compile photographic records of each area of gravel extraction, every time gravel is
extracted under this consent. As far as practicable, the consent holder shall select one location where
photographs will be taken from for each site. These photographic records shall include, but not be limited to,
photographs of the following items:
a)
The location of the proposed works: incorporating the works area and the stretches of the stream
that may be affected by the extraction (i.e.
prior to each extraction commencing);
b)
The site
during the extraction: incorporating the works area and stretches of the stream identified
in (a); and
c)
The site immediately
upon the completion of the extraction (within one week): incorporating the
works area and stretches of the stream identified in (a).
The photographic record of items identified in (a), (b) and (c) shall be submitted to the Manager, Environmental
Regulation, Wellington Regional Council, as soon as possible but within one week of the photographs identified
in (c) being taken.
…………………….
All submitted photographs shall include:
•
The date the photographs were taken
•
The time the photographs were taken
•
A description of the site location (e.g. map reference, address) of where the photograph was taken,
and
•
A description of what aspect of the works the photograph relates to
The photographs and details shall be to the satisfaction of the Manager, Environmental Regulation, Wellington
Regional Council.
Note 1: The photographic record should demonstrate compliance with the conditions of this consent.
Note 2: Photographic records i.e. electronic picture files from digital cameras can be emailed to
[email address]. Please include the consent number WGN170076 date and time photographs were
taken and a description of the site location (e.g. map reference, address).
Gravel extraction – Site rehabilitation
24.
Oversize boulders or other sediment initially removed from the river beach, but later considered unsuitable for
use, shall be spread in holes or hollows on the gravel beaches from which the original extraction was
undertaken. This unsuitable material shall not be left in piles in the riverbed or beach.
25.
The area from which the material is extracted, or unsuitable material is replaced, shall be smoothed over after
use so that there are no depressions, mounds, steep cut banks or edges left on the riverbed/beach.
26.
Any damage or erosion to river banks, access tracks (including the public road) that is attributable to the gravel
extraction operation shall be remedied by the consent holder as soon as practicable.
Note: Additional resource consent may be required to undertake any remedial works.
Maintenance of works
27.
The works shall remain the responsibility of the consent holder and shall be maintained to the satisfaction of the
Manager, Environmental Regulation, Wellington Regional Council so that any erosion, scour or instability of the
stream bed or banks that is attributable to the works carried out as part of this consent is remedied by the
consent holder.
Note: Maintenance does not include any works outside of the scope of the application. Any additional works
(including structures, reshaping or disturbance to the bed of the watercourse) following completion of the
construction works as proposed in the application, may require further resource consents.
Complaints
28.
The consent holder shall maintain a permanent record of any complaints received alleging adverse effects from
or related to the works. This record shall include:
•
The name and address of the complainant (if provided)
•
The date and time that the complaint was received
•
Details of the alleged event
•
Weather conditions at the time of the complaint, and
•
Any measures taken to mitigate/remedy the cause of the complaint
This record shall be made available to the Manager, Environmental Regulation, Wellington Regional Council,
on request.
…………………….
Continued Conditions to Resource Consent
WGN170076 [34330]
Review of conditions
29.
The Wellington Regional Council may review any or all conditions of this permit by giving notice of its intention
to do so pursuant to section 128 of the Resource Management Act 1991, at any time within three months of the
date of commencement of this consent for the following purposes:
•
Dealing with any adverse effects on the environment which may arise from the exercise of this
consent, and which is appropriate to deal with at a later stage; and/or
•
To review the adequacy of any plans and/or alter any monitoring requirements prepared for this
consent so as to incorporate into the consent any modification which may become necessary to
clarify or deal with any adverse effect on the environment of arising from this activity; and/or
•
To enable consistency with any relevant Regional Plans or any National Environmental Standards or
Regulations.
The review of conditions shall allow for the deletion or amendment of conditions of this consent; and the
addition of such new conditions as are shown to be necessary to avoid, remedy or mitigate any significant
adverse effects on the environment.
Notes:
a)
A resource management charge, set in accordance with Section 36(2) of the Resource Management Act 1991
(the Act) shall be paid to the Regional Council for the carrying out of its functions in relation to the
administration, monitoring, and supervision of resource consents and for the carrying out of its functions under
section 35 (duty to gather information, monitor and keep records) of the Act.
b)
The Wellington Regional Council shall be entitled to recover from the consent holder the costs of the conduct of
any review, calculated in accordance with and limited to that Council's scale of charge in force and applicable at
that time pursuant to Section 36 of the Resource Management Act 1991.
…………………….
Summary of your rights and responsibilities
(Not part of the resource consent)
This resource consent gives you the right to use a public resource (e.g. water, air, the coastal marine
area) in the manner specified in the consent.
You may exercise the resource consent as you see fit provided that you comply with all the conditions of
your resource consent and all other laws of the land.
If you wish to change the way you operate under this resource consent or if you wish to change or cancel
any consent conditions, please contact the Greater Wellington Regional Council (GWRC) prior to
making the changes. You may need a formal change to your resource consent conditions.
You may transfer your coastal, discharge, or water permit to any other person. If you sell your operation
please contact GWRC and we will arrange the transfer for you (at no cost) once you’ve completed a
‘Transfer of Permit’ form including the signatures of the old and new owners.
If your resource consent application contained inaccurate or misleading information, GWRC may cancel
or alter the resource consent.
Your resource consent does not:
•
provide any warranty of any structure or process;
•
provide any guarantee that the resource will be available at all times;
•
provide any right of access through or over public or private land;
•
negate the need for any approvals necessary under other legislation.
You as the holder(s) of this resource consent and your agents (including contractors and employees), are
jointly and severally liable for compliance with the conditions of this consent. It is important that
anyone operating on your behalf fully understands and complies with the co nditions of the resource
consent.
You are required to pay any relevant charges that are associated with the processing and monitoring of
your consent under section 36 of the Resource Management Act 1991. Charges may be reviewed every
year. If you would like a copy of our current Resource Management Charging Policy please ask us.
You have the right to object to the decision on your consent and/or any additional charges (over and
above fixed charges) under section 357A and 357B of the Resource Management Act 1991. Such an
objection should be made in writing, setting out the reasons, and be received by us within 15 working
days of any decision on your consent and/or additional charges being notified to you.
You are required to allow GWRC Enforcement Officers access to your site and operation at any
reasonable time so that we can inspect your operation and confirm that it is complying with your
resource consent.
Your resource consent will lapse if you do not give effect to it within five years of the date it was
granted (unless otherwise specified in the resource consent conditions). If you wish to apply for an
extension of this lapse date please contact GWRC before the lapse date.
If you stop using your resource consent for a continuous five-year period, GWRC may cancel your
resource consent. We will advise you in advance if we propose to cancel your consent. You have the
right to object to your consent being cancelled.
This consent is issued without prejudice to any claim that is lodged with the Waitangi Tribunal in
relation to the customary ownership of natural resources, whether it be a claim that is awaiting hearing
or awaiting settlement by the Crown.
Conditions to Resource Consent
WGN170076 [34331]
Consent 34331: Water permit to extract surface water from the Wainuiomata River for irrigation purposes.
General condition
1.
The location, design, implementation and operation of the take shall be in general accordance with the consent
application and its associated plans and documents lodged with the Wellington Regional Council on
29 September 2016 and further information received on 26 October 2016.
Where there may be contradiction or inconsistencies between the application and further information provided
by the applicant, the most recent information applies. In addition, where there may be inconsistencies between
information provided by the applicant and conditions of the consent, the conditions apply.
Note: Any change from the location, design concepts and parameters, implementation and/or operation may
require a new resource consent or a change of consent conditions pursuant to section 127 of the Resource
Management Act 1991.
2.
This consent will lapse in three years from commencement unless given effect to prior to that date.
Rate and point of take
3.
The rate at which water is taken from the Wainuiomata River
at or about approximate map reference NZTM:
1759536.5420745,
shall not exceed 315,000m3/year, at 2376m3/day at a maximum pumping rate of
33 litres/second.
Note: This equates to 20 hours/day and 132 days/year based on the maximum pumping rate.
Water measuring device/system
4.
The consent holder shall maintain a water meter (water measuring device) that measures all water authorised
under this consent and meets the following requirements:
•
Sealed and tamper proof
•
Installed within 20 metres of the point of take unless an exception is granted by the Manager,
Environmental Regulation, Wellington Regional Council, under section 10 of the Resource
Management (Measurement and Reporting of Water Takes) Regulations 2010
•
Measures cumulative water abstraction in m3
•
Measures instantaneous water abstraction in litres/second
•
Can measure the volume of water taken to within +/- 5% of the actual volume taken.
•
Resistant to corrosion and fogging
•
Capable of being fitted with an electronic datalogger, has a suitable output signal and has suitable
data transfer ports
•
Be installed in accordance with industry best practice based on the Water Measurement
Accreditation Programme. Be installed and maintained by a suitably qualified person
The above requirements shall all be to the satisfaction of the Manager, Environmental Regulation.
The water meter shall be installed
prior to the commencement of the take.
5.
If so requested in writing by the Manager, Environmental Regulation, Wellington Regional Council, the consent
holder shall install a datalogger and telemetry unit on the water measuring device that is compatible with
Wellington Regional Council’s Water Use Data Management System. The data logger and telemetry unit shall
as a minimum record date and time stamped cumulative meter readings at a minimum of 15 minute intervals.
…………………….
Note: This condition will be given effect to in the event of non-compliance of the rate of take,
monitoring/reporting requirements of this consent, and/or any requirements of Greater Wellington Regional
Council’s Water Take Compliance Strategy.
Accuracy and verification of the water measuring device/system
6.
The consent holder shall verify the accuracy of the water measuring device/system required under conditions 4
and 5
by 17 February 2020 and then at least
every five years and as directed by the Manager, Environmental
Regulation, Wellington Regional Council for the duration of this consent to determine if the actual volume of
water taken is within +/- 5%.
Any verification of the water measuring device/system under this condition must be performed by a suitably
qualified person, and to the satisfaction of the Manager, Environmental Regulation, Wellington Regional
Council.
Within
one month of any verification being undertaken on the water measuring device/system, the consent
holder shall submit to the Manager, Environmental Regulation, Wellington Regional Council, a copy of the
verification certificate/and or evidence documenting the calibration as completed by the person who undertook
the verification.
Note: Direction from the Manager, Environmental Regulation, Wellington Regional Council to undertake
additional verification may be given in the event reasonable grounds are established which highlight that the
water measuring device/system may be inaccurate. Reasonable grounds includes (but is not limited to) the
water measuring device/system not been installed to Irrigation New Zealand’s best practice standards.
Keeping and supplying records
7.
The consent holder shall record daily readings (in m3) of the water meter. These records shall be entered
directly into the Wellington Regional Council’s WaterUse Data Management System or shall be submitted in a
suitable electronic format to the satisfaction of the Manager, Environmental Regulation, Wellington Regional
Council. Complete records shall be submitted by the end of the irrigation season but no later than 31 July each
year for the duration of this consent.
If the Manager, Environmental Regulation, Wellington Regional Council directs the consent holder to install a
telemetry system pursuant to condition 5, then records shall be submitted automatically to Wellington Regional
Council’s Water Use Data Management System.
In the event of non-compliance with the rate of take and/or monitoring/reporting requirements of this consent,
the consent holder shall submit records at a greater frequency as directed by the Manager, Environmental
Regulation, Wellington Regional Council.
Note: If you are not using your water permit, you must still keep and send Wellington Regional Council daily
records specifying ‘zero’ when no water is taken
Low flow conditions
8.
When the flow in the Wainuiomata River at Leonard Wood Park Recorder falls below 300 litres/second the
water take shall cease.
Note: The stream flow data for the Wainuiomata River can be accessed at Wellington Regional Council’s
website (www.gw.govt.nz). It is the consent holder’s responsibility to regularly check the website to ensure
compliance with this condition.
Irrigation system
9.
The irrigation system shall be designed and maintained so that water is not run to waste.
…………………….
Continued Conditions to Resource Consent
WGN170076 [34331]
Intake structure
10.
The intake structure must be screened with a maximum mesh diameter of 3mm to prevent small fish, eggs and
larvae from entering the intake.
11.
The intake structure is the responsibility of the consent holder and shall be maintained to the satisfaction of the
Manager, Environmental Regulation, Wellington Regional Council.
12.
The pump and associated equipment shall be well maintained at all times to prevent leakage or spill of oil or
other chemicals into Wainuiomata River.
Review conditions
13.
The Wellington Regional Council may review any or all conditions of this consent by giving notice of its intention
to do so pursuant to section 128 of the Resource Management Act 1991, at any time within three months of 30
June each year for the duration of this consent, for the purpose of:
•
Reviewing surface water allocation requirements; and/or
•
Dealing with any adverse effects on the environment which may arise from the exercise of this
consent, and which is appropriate to deal with at a later stage; and/or
•
Enabling consistency with the relevant Regional Plan(s); and/or
•
To incorporate a minimum flow for the Wainuiomata River and any low flow restrictions; and/or
•
Dealing with any adverse effects on the Wainuiomata River which may arise from the exercise of this
consent which are greater than those anticipated at the time it was granted.
Important notes relating to measuring and reporting of your water take:
1.
A suitably qualified person is an individual/company that is registered with the Water Measurement
Accreditation Programme or can demonstrate an appropriate standard of installation or verification to the
satisfaction of the Manager, Environmental Regulation, Wellington Regional Council.
2.
For water meter installation, where industry best practice guidelines differ from manufacturer’s specifications,
the more stringent standard applies, unless special circumstances apply to the satisfaction of the Manager,
Environmental Regulation, Wellington Regional Council. Therefore verification of the water measuring
device/system can only be achieved when the most stringent standard (either industry best practice or
manufacturer’s specifications) for installation has been achieved.
3.
The annual take volume shall be assessed for the period 1 July to 30 June the following year.
General notes:
a)
This resource consent does not guarantee that quantity or quality of water will be maintained or available.
b)
Please contact the Wellington Regional Council, Environmental Regulation, if you plan to make any
modifications to the intake, pump, or irrigation system. Any significant modifications may require you to apply
for a change of consent conditions.
c)
A resource management charge, set in accordance with section 36(2) of the Resource Management Act 1991
shall be paid to the Regional Council for the carrying out of its functions in relation to the administration,
monitoring, and supervision of resource consents and for the carrying out of its functions under section 35 (duty
to gather information, monitor, and keep records) of the Act.
…………………….
d)
The Wellington Regional Council shall be entitled to recover from the consent holder the costs of any review,
calculated in accordance with and limited to the Council’s scale of charges in force and applicable at that time
pursuant to section 36 of the Resource Management Act 1991.
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