APPLICATION TO CHANGE CONSENT CONDITIONS
WATER PERMIT CRC062685
CENTRAL PLAINS WATER TRUST
May 2020
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Table 1: Common Abbreviations
Abbreviation Description AEE Assessment of Environmental Effects CPW Central Plains Water Trust and Central Plains Water Limited CPWES Central Plains Water Enhancement Scheme CPWL Central Plains Water Limited CPWT Central Plains Water Trust CRC Canterbury Regional Council CRPS Canterbury Regional Policy Statement ECan Canterbury Regional Council (Environment Canterbury) LWRP Canterbury Land and Water Regional Plan RMA (the Act) The Resource Management Act 1991
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APPLICATION TO CHANGE CONDITIONS IN CONSENT CRC062685 UNDER SECTION 127, RESOUCE MANAGEMENT ACT 1991
To Consents Manager – Environment Canterbury Address Environment Canterbury PO Box 345 Christchurch, 8140
CENTRAL PLAINS WATER TRUST (CPWT) applies to change consent condition 1 and 14 of CRC062685.
1. The site that the resource consent relates to is: The true left bank of the Rakaia River, between map references NZMS L36:1503- 3122 and L36:1505-3109, and about reference Topo50 BX21:990-759 / NZMS 260 K36 090-375. 2. The proposed changes are as follows: Amend condition 1 as follows, or by words to similar effect (additions underlined): 1 Water shall only be taken via: (a) up to five galleries installed in the active bed of the Rakaia River, as shown on attached Plans CRC062685A, CRC062685B and CRC062685C, between map references NZMS L36:1503-3122 and L36:1505-3109.or (b) From the Rakaia River at about reference Topo50 BX21:990-759 / NZMS 260 K36 090-375 and labelled "Take Point" on attached Plan CRC167218.
Amend condition 14(a) as follows, or by words to similar effect (additions underlined): 14 (a) The consent holder shall install, operate and maintain a fish screen in accordance with the NIWA publication Fish Screening: Good Practice Guidelines for Canterbury, October 2007, NIWA Client Report CHC2007-092 at the intake between approximate map references NZMS L36:15033122 and L36:1503-3109 if water is taken from that location; or if water is taken from the location specified in condition 1(b) the fish barrier shall be on the main CPWL intake as per CRC167218 (or any variation).
3. There are no other activities that are part of the proposal to which this application relates. 4. CPWT [CPWL] attaches an assessment of the proposed changes’ effects on the environment and other matters in accordance with Section 127 of the Act.
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Address for service of applicant (including invoicing):
Central Plains Water Trust c/o CPWL, Fiona Crombie, Environmental Manager PO Box 9424, Tower Junction, Christchurch 8149 Telephone: 03 928 2960 Mobile: 027 207 6499 Email: [email protected] Contact Person: Fiona Crombie
Signature of applicant (or person authorised to sign on behalf of applicant). Mark Pizey, General Manager 7th May 2020
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TABLE OF CONTENTS 1.0 Introduction 6 1.1 Purpose of this application 6 1.2 Consent CRC062685 Background 6 1.3 The applicant 6 2.0 Background 6 2.1 Central Plains Water Enhancement Scheme 6 2.2 Existing relevant consents 7 3.0 Proposed Change of Conditions 8 3.1 Overview 8 3.2 Proposed changes 9 3.3 Reasons for proposed changes 9 4.0 Description of the Environment 10 4.1 General overview 10 4.2 Existing activities and uses 11 5.0 Assessment of Effects on the Environment 12 5.1 Positive effects 12 5.2 Effects on surface water quantity 12 5.3 Effects on drinking water supplies 13 5.4 Effects on fish 14 5.5 Effects on birdlife 14 5.6 Archaeological and heritage sites 14 5.7 Effects on cultural and historic values 14 6.0 Statutory Assessment 15 6.1 National Environmental Standards 15 6.2 National Policy Statements 15 6.3 National Water Conservation (Rakaia River) Order 1988 15 6.4 Canterbury Regional Policy Statement 15 6.5 Canterbury Land and Water Regional Plan (LWRP) 16 6.6 RMA Part 2 Assessment 17 7.0 Consultation 18 8.0 Notification 20 8.1 Public or limited Notification 20 9.0 Conclusions 20 10.0 Appendix A A
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1.0 Introduction
1.1 Purpose of this application 1. Central Plains Water Trust is lodging this application pursuant to Section 127 of the Resource Management Act 1991 (RMA). This application and Assessment of Effects on the Environment (AEE) by Central Plains Water (the applicant), seeks to amend conditions 1 and 14 of resource consent CRC062685.
1.2 Consent CRC062685 background 2. CRC062685 authorises the taking of up to 6 m3/sec surface water from the Rakaia River. Consent CRC062685 is one of four consents that authorises the development of an irrigation scheme on land adjacent to the Rakaia River. 3. The applicant applied to take and use water that had already been allocated for out of river use, in accordance with the National Water Conservation Order Rakaia River (1990) but was not currently authorised to be taken by any resource consents. 4. The consent was originally granted with the intention to construct a small irrigation scheme at Steeles Road.
1.3 The applicant 5. Central Plains Water Trust was formally constituted in March 2003 by the Christchurch City and Selwyn District Councils to facilitate sustainable development of Central Canterbury’s water resource. The Trust led the applications for resource consents for the original scheme and is the applicant for this current application. 6. Central Plains Water Limited (CPWL) is a shareholder-owned company set up by CPWT to raise funding and take responsibility for the detailed design, implementation and operation of the Scheme in accordance with CPWT’s consents. In the remainder of this report, CPWL and CPWT are collectively referred to as CPW. 7. The Scheme has been developed by CPWL, a co-operative of 380 farmer shareholders and managed by a staff of 15, plus contractors. The Scheme, which currently supplies irrigation to approximately 45,000 hectares, has the consented potential to deliver sustainable irrigation to 63,000 hectares of land between the Rakaia and Waimakariri Rivers.
2.0 Background
2.1 Central Plains Water Enhancement Scheme 8. The primary RMA approvals required to establish the Central Plains Water Enhancement Scheme (CPWES) were confirmed by the Environment Court in July 2012. These approvals authorise the construction and operation of an irrigation scheme over an area of approximately 63,000 hectares of mid Canterbury between the Rakaia and Waimakariri Rivers. The approvals authorise all key activities and their associated environmental effects, including: - Abstraction of water from the Rakaia and Waimakariri Rivers and associated intakes,
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- A headrace canal and distribution network, - All temporary construction activities (including earthworks and contractor facilities) associated with establishing the scheme, and - Use and discharge of water for irrigation purposes. 9. The design and operation of the CPWES has changed significantly since the resource consents were granted in 2012. Most notably, and of particular relevance to this application, there is no longer any intention to construct a headrace canal to link the Rakaia and Waimakariri Rivers. 10. The Scheme was constructed in three stages between 2014 and 2018 and is now fully operational. The Scheme has utilised state of the art materials, construction techniques and control systems, all designed to meet an 80-year life with an expectation that 100 years of service will be achieved.
11. The application described in this report relates to taking of water from the Rakaia River for Stage 1 and 2 under CRC062685.
2.2 Existing relevant consents 12. All other activities associated with Stage 1 and 2 are already authorised by existing resource consents held by CPWT or are permitted by the various Regional Plans. Therefore, these activities and their environmental effects are outside the scope of this application. In summary, the existing consented activities are: - Works within a wetland and the banks of the Rakaia River. - Take, Diversion and Discharge of water to the Rakaia River. - Installation of an underground pipeline network within the boundaries of the Central Plains Water Enhancement Scheme area; and - End use of the water for irrigation and nutrient discharge.
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3.0 Proposed Change of Conditions
3.1 Overview 13. In 2014 the main take consent CRC137417 (now CRC167218) was amended to enable water to be taken approximately 1km upstream from the original consented location. Unfortunately, consent CRC062685 was not amended at the same time to also allow for the take location to be changed to the main intake point. 14. CPW apply to vary water take consent CRC062685 to provide the option for water to be taken via the existing CPWL intake infrastructure to bring it into line with the change made in 2014 to the location of the man water take for the Scheme. That will enable the water authorised to be taken under CRC062685 to be utilised via the existing CPWL infrastructure. 15. The location of consent CRC062685 take point and the location of the existing CPWL intake infrastructure take point is shown in Figure 1. 16. No other changes to the consent are proposed.
Figure 1. Current consented location (yellow star) and additional proposed consented location (red star) CPWL’s current take point.
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3.2 Proposed changes 17. The proposed amendments are track changed below (proposed addition): 1 (a) Water shall only be taken via up to five galleries installed in the active bed of the Rakaia River, as shown on attached Plans CRC062685A, CRC062685B and CRC062685C, between map references NZMS L36:1503-3122 and L36:1505- 3109.; and (b) From the Rakaia River at about reference Topo50 BX21:990-759 / NZMS 260 K36 090-375 and labelled "Take Point" on attached Plan CRC167218. 14 (a) The consent holder shall install, operate and maintain a fish screen in accordance with the NIWA publication Fish Screening: Good Practice Guidelines for Canterbury, October 2007, NIWA Client Report CHC2007-092 at the intake if water is taken from the location in condition 1(a) between approximate map references NZMS L36:15033122 and L36:1503-3109 or if water is taken from the location in condition 1(b) the fish barrier shall be on the main CPWL intake as per CRC167218 (or any variation).
3.3 Reasons for proposed changes 18. Only the location of the water is possibly changing as a result of the variation, the amount of water being abstracted from the Rakaia River will not be affected. This variation will not result in the current rate allocated from the Rakaia River to increase. 19. The same volume of water will be abstracted from this reach of the Rakaia River regardless of where the abstraction occurs. The variation to these two conditions in consent CRC062685 are proposed to allow CPW to take the same water, through its main intake point on the Rakaia River or at the Steeles Rd location. The combined take of Rakaia water will not change; there is no request to exceed the rates already consented in CRC062685. 20. Currently one option for CPWL is to take water allocated under this consent directly from the Rakaia River via five galleries located at the southern end of Steeles Rd, however CPWL has already built infrastructure on the Rakaia River upstream of the current consented location. CPWL would like to provide a unified water management approach wherever possible and being able to take water from the main CPWL take point will allow water to be made available to customers without further major infrastructure development, and potentially fewer take points and fish barriers on the Rakaia River.
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4.0 Description of the Environment
4.1 General overview 21. As already noted, the proposed new take location for Consent CRC CRC062685 is in the Rakaia River at the same place as the current take point for CRC167218. 22. The proposed new take location is about 8km downstream of the end of the Rakaia Gorge, the true left of the river. The diversion point, diversion channel, river protection, discharge and take structures have already been constructed and have been operating since 2015. The infrastructure is located in a largely inactive fairway that consists or did consist largely of scrub, willows, grass and some grazing area. 23. In low flow conditions the active fairway has 1-4 low flow braid channels and comprises unvegetated river gravels. In flood conditions the whole active fairway is covered with water. 24. The intake channel ends approximately 1km downstream from the diversion point at the intake gates (Figure 2). Water passes from the intake gates into a sedimentation pond, into the header pond or out through the bypass channel. Water that does not go out the bypass channel goes into the header pond and is discharged through the headrace gate (the take point) into the headrace canal.
Figure 2: CPWL’s Stage 1 and 2 Rakaia River Intake location.
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4.2 Existing activities and uses 25. When water is abstracted from a river system, the reliability of the water resource to downstream users of that resource can be compromised. This is not a new abstraction; the abstraction is downstream of the primary Rakaia River gauging site at Fighting Hill and therefore will not create greater restrictions via minimum flows being reached earlier. 26. CPW’s diversion consent CRC167220 and discharge consent CRC167222 already has conditions that require the diversion of water by CPWL to ensure there is a significant continuous braid maintained reaching the upstream (inlet) end of the salmon bypass channel of the south bank of the Rakaia River at the Highbank power station tailrace. The amount of water in that river braid shall be sufficient to allow the upstream passage of salmon emerging from the Highbank salmon bypass channel. 27. CPW’s consents for diversion, take, use and discharge will be complied with. CPW’s operational consents are a lot more prescriptive, require substantial information in order for consents to be exercised, require a lot more of the consent holder before water can be delivered and require a lot more in terms of ongoing monitoring than CRC062685. The conditions attached to CPW’s operational consents are more prescriptive than those attached to CRC062685. 28. There is not anticipated to be adverse effects on groundwater users, since the intake is taking water directly from the river rather than from groundwater.
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5.0 Assessment of Effects on the Environment
5.1 Positive effects 29. The inclusion of this take point means CPWL can opt to take this water through its existing infrastructure that has already been constructed. This is likely to mean that additional infrastructure at Steeles Road will not be required to be built, and therefore less likely to be works within the bed of the river, however construction of an intake facility at Steeles Road cannot be ruled out. 30. To date the operation of the CPWL irrigation Scheme has reduced the take of groundwater for irrigation by approximately 66% which is critical for a catchment that is over allocated. The Environment Canterbury Targeted Stream Augmentation replenishment of near surface aquifers has been constructed and connected to CPWL. The Environmental Management Fund and Te Waihora Environmental Management Fund contribute approximately $115,000 annually each for projects that address any adverse environmental impact associated with the Scheme or for biodiversity enhancement projects in the Selwyn / Te Waihora catchment. Additionally, CPWL is contributing to the cost of opening Te Waihora / Lakes Ellesmere to the sea annually. CPWL also ensures the management of nitrate discharges to comply with the current Regional Plan. 31. The economic and social benefits of the wider Scheme have been well documented during the previous consent process (2005-2016). Research undertaken by Agribusiness and Economics Research Unit at Lincoln University investigated the significant contribution to the economy of Christchurch city by the rural sector in Canterbury. Changes in rural sector infrastructure, particularly extensive irrigation development and associated land-use changes, have had significant flow-on effects on the city’s economy. The total impact, either directly or indirectly, has contributed to an additional more than 4,000 full-time jobs in the city that were associated with economic activity generated by farm expenditure from the Selwyn and Waimakariri Districts. 32. The Scheme is delivering benefits to the Canterbury Community by way of economic ($592M p.a increased production), social (circa 700 new jobs), and environmental (restoration of groundwater to the Te Waihora /Ellesmere) benefits. 33. Expert evidence1 provided by CPW during the Variation 1 process under the Land and Water Regional Plan stated the additional economic revenue to Canterbury from the CPWL Scheme to be $268.4 million.
5.2 Effects on surface water quantity 34. This application will not increase the rate or volume at which water is taken beyond that already authorised. On this basis, any effects on surface water quantity will be no more than minor. 35. The proposed additional take location is downstream of the primary Rakaia River gauging site at Fighting Hill and therefore will not create greater restrictions via minimum flows being reached earlier. 36. The variation allows CPW to take the water from the consented location or the CPWL Rakaia River intake location, with the same volume of water being abstracted from this reach of the
1 Statement of evidence of Dr Caroline Mary Saunders (regional economics), 29 August 2014, in respect of submissions and further submissions in relation to proposed Variation 1 to the proposed Canterbury Land and Water Regional Plan. .
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Rakaia River regardless of where that abstraction occurs and the same water restrictions for this consent will apply as they do at present. 37. Evidence presented by Mr Duncan (NIWA) during the hearing for the Steeles Rd take resource consent applications, stated that due to fluctuations in the times when abstractors take water and that fluctuations of 6 m3/s resulting from this abstraction were small compared to the existing diurnal fluctuation in the river. Mean diurnal fluctuations within the irrigation season vary between 15 and 4 m3/s, generally above 30m3/s as a result of fluctuating flows from Lake Coleridge Power Station, natural variation due to diurnal changes in snow and ice melt and the effects of floods and freshes. Changes in flow as a result of changing the location of this particular abstraction, would therefore be well within the existing fluctuations and unlikely to have any adverse effects on the instream environment between the two take points.
5.3 Effects on drinking water supplies 38. There is one community drinking water protection zone located upstream of the take point (Figure 3). Given this, there will be no effects on the community drinking water.
Figure 3. Location of proposed take point in relation to the Community Drinking Water Protection Zone.
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5.4 Effects on fish 39. The proposed amendments will not change or reduce the design, certification/approval, maintenance or operational standards below those already existing at CPW’s main take point on the Rakaia River. The change to condition 14 ensures that fish screens will be in place for either take option. 40. Overall, the fish screen and bypass channel are already designed, certified and constructed. Therefore, no effects on fish and fish passage will result from the inclusion of this additional take point. Any effects on fish and fish passage will be no more than minor.
5.5 Effects on birdlife 41. CPW’s main take consent is subject to the conditions in Schedule 1. This includes the requirement to undertake a bird survey, if any mechanical works is to be carried out in the period of 1 September to 1 February, to identify any avifauna that nest in riverbeds and their breeding sites in the proposed area of works no earlier than eight working days prior to any works being carried out 42. The proposed amendment will not change this requirement and therefore any effects on birdlife are already addressed by the existing take permit.
5.6 Archaeological and heritage sites 43. There are no protected trees, archaeological, cultural, sites of significance or historic sites listed in the Selwyn District Plan or ECan’s GIS Canterbury’s Maps within or nearby that will be impacted by the new take point. 44. There is no construction work required and the current take point has had a full archaeological assessment, therefore there will be no archaeological or heritage sites affected.
5.7 Effects on cultural and historic values 45. There are no sites of cultural or historic interest that are identified in the District Plan on this stretch of the river near to the take point. 46. The Rakaia Ki Hakatere addresses issues of particular significance from the Rakaia River to the Hakatere River, covering all of the Rakaia catchment and The Mahaanui Iwi Management Plan 2013 provides a framework for the protection and enhancement of Ngai Tahu values in relation to natural resources. The proposed amendments are consistent with the policies in the Mahaanui Iwi Management Plan because there will be no change to effects.
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6.0 Statutory Assessment
6.1 National Environmental Standards 47. There are no National Environmental Standards that are relevant to the proposed activity.
6.2 National Policy Statements 48. The National Policy Statement for Freshwater Management 2014 (NPS: Freshwater) as amended in 2017 sets out objectives and policies that direct local government to manage water in an integrated and sustainable way, while providing for economic growth within set water quantity and quality limits. 49. Part B covers water quantity and deals with the sustainable management of freshwater resources. Objectives B1, B2 and B3 are of relevance to this application as it relates to more accurate assignment and management of the water resource allocated under CRC062685. These objectives give Regional Councils the responsibility of ensuring that freshwater limits are established and achieved through the implementation of regional plans (such as the LWRP). 50. This variation aims to improve the water use efficiency by CPW. It will allow CPW to take their allocation from CRC062685’s consented location and the CPWL existing intake infrastructure, with no more water being taken from the Rakaia River that currently consented for. The variation is therefore consistent with the above objectives. 51. This application does not seek to increase or redistribute the water resource allocated under CRC062685 but rather to better define where and how the resource can be taken. On this basis the proposed amendments will not impact on the consent authority’s ability to set and meet environmental limits and is therefore consistent with the NPS Freshwater.
6.3 National Water Conservation (Rakaia River) Order 1988 52. The Rakaia River Water Conservation Order 1988, as amended in 2013, sets flow and allocation regimes which limit the amount of water that can be taken. Flows are measured at the Rakaia Gorge. 53. The National Water Conservation (Rakaia River) Order 1988 does not apply to these variations as the water take and intake location is already consented, and the variation just provides the applicant an option of where to access the water from. 54. The proposal does not introduce any additional environmental effects that require consideration under the water conservation order. In particular, and for the reasons outlined in this report, the outstanding natural characteristics and features of the Rakaia River, as expressed in Clause 3, will not be materially affected in any different way than already consented.
6.4 Canterbury Regional Policy Statement 55. The Canterbury Regional Policy Statement (CRPS) gives an overview of the significant resource management issues facing the region. The purpose of the CRPS is to set out objectives, policies and methods to resolve those resource management issues and to achieve the integrated management of the natural and physical resources of Canterbury.
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56. Chapter 7 addresses issues relating to freshwater quality and quantity, the following objectives are relevant: - Objective 7.2.1 relates to sustaining the life-supporting capacity and natural character of waterways.
- Objective 7.2.2 requires improvements in the efficiency and allocation of abstracted water. - Objective 7.3.8 ensures fresh water is allocated and used efficiently by: • the use of highly efficient infrastructure; • recognising the importance of reliability in supply for irrigation; • promoting the integrated management and use of freshwater resources within or across catchments. - Objective 7.3.11 irrigation schemes as existing activities and infrastructure are recognised and provided for as well as hydro-electricity generation and other activities which involve substantial investment in infrastructure; but require improvements in water use efficiency and reductions in adverse environmental effects of these activities, where appropriate.
57. The variation is not going to increase the volume or rate of water resource permitted to be abstracted from the Rakaia River. On this basis the proposed amendments are consistent with the objectives and policies of the CRPS.
6.5 Canterbury Land and Water Regional Plan (LWRP) 58. OBJECTIVES The objectives in the LWRP identify the resource management outcomes or goals for land and water resources in Canterbury region, to achieve the purpose of the RMA. The Objectives of the LWRP that are of relevance to this application, but are not any more important than any other objective that is not included below, are:
− Objective 3.4 A regional network of water storage and distribution facilities provides for sustainable, efficient and multiple use of water.
− Objective 3.6 Water is recognised as essential to all life and is respected for its intrinsic values.
− Objective 3.7 Fresh water is managed prudently as a shared resource with many in-stream and out-of-stream values.
− Objective 3.8 The quality and quantity of water in fresh water bodies and their catchments is managed to safeguard the life-supporting capacity of ecosystems and ecosystem processes, including ensuring sufficient flow and quality of water to support the habitat and feeding, breeding, migratory and other behavioural requirements of indigenous species, nesting birds and, where appropriate, trout and salmon.
− Objective 3.9 Abstracted water is shown to be necessary and reasonable for its intended use and any water that is abstracted is used efficiently.
− Objective 3.11 Water is recognised as an enabler of the economic and social wellbeing of the region.
− Objective 3.19 Natural character values of freshwater bodies, including braided rivers and their margins, wetlands, hāpua and coastal lagoons, are protected.
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59. POLICIES
− 4.1 Lakes, rivers, wetlands and aquifers will meet the fresh water outcomes set in 6 to15 within the specified timeframes. If outcomes have not been established for a catchment, then each type of lake, river or aquifer should meet the outcomes set out in Table 1 by 2030.
− 4.2 The management of lakes, rivers, wetlands and aquifers will take account of the fresh water outcomes, water quantity limits and the individual and cumulative effects of land uses, discharges and abstractions will meet the water quality limits set in Sections 6 to 15 or Schedule 8 and the individual and cumulative effects of abstractions will meet the water quantity limits in 6 to 15.
− 4.3 Surface water bodies are managed so that: a. toxin producing cyanobacteria do not render rivers or lakes unsuitable for recreation or human and animal drinking-water; b. fish are not rendered unsuitable for human consumption by contaminants; c. the natural colour of the water in a river is not altered; d. the natural frequency of Hapūa, coastal lakes, lagoons and river openings is not altered; e. the passage for migratory fish species is maintained unless restrictions are required to protect populations of native fish; f. reaches of rivers are not induced to run dry, thereby maintaining the natural continuity of river flow from source to sea, g. variability of flow, including floods and freshes, is maintained to avoid prolonged “flat- lining” of rivers; to facilitate fish passage; and to mobilise bed material; and h. the exercise of customary uses and values is supported.
60. RULES The Rakaia River in the LWRP is covered under Section 5 Region-wide rules and Section 12 Central Canterbury Alpine Rivers. LWRP Rule 12.5 specifies that there are no additional rules that apply in the in addition to those set out in Section 5 of the LWRP. The National Water Conservation (Rakaia River) Amendment Order 2013 is referred to in Section 12 under Rule 12.6.1 for Environmental Flow and Allocation Limits this has been addressed earlier under Section 6.3.
6.6 RMA Part 2 Assessment 61. The purpose of the RMA, as stated in Section 5 of the Act, is to promote the sustainable management of natural and physical resources. The purpose is supported by the principles contained in Sections 6-8 of the Act. 62. This application seeks to allow CPWL the opportunity to utilise existing infrastructure and thereby protect the values and characteristics of the Rakaia River. In this regard the proposed amendments are consistent with the purpose of the RMA.
63. Section 6: Matters of National Importance
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Section 6 contains the following matter of national importance of relevance to the proposal: (a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:
The above matter has been assessed throughout this AEE. By way of summary, the potential effects on natural character of the Rakaia River will be unchanged from those which have already been consented. This ensures the proposed activities are consistent with Section 6 of the RMA.
64. Section 7: Other Matters Section 7 of the RMA outlines other matters which are considered relevant to this application: (b) the efficient use and development of natural and physical resources: […] (d) intrinsic values of ecosystems: […] (g) any finite characteristics of natural and physical resources: (h) the protection of the habitat of trout and salmon: These matters have been assessed throughout this AEE. By way of summary, this application is to allow CPWL the opportunity to better utilise existing infrastructure and thereby to continue to protect the values and characteristics of the Rakaia River.
65. Section 8: Treaty of Waitangi Section 8 requires the principles of the Treaty of Waitangi to be taken into account when managing the use, development, and protection of natural and physical resources. These principles have been taken into account by considering the relevant iwi management plans.
7.0 Consultation 66. This section of the application provides an evaluation as to whether there are any persons adversely affected by the amendment to the consent. Section 127(4) of the RMA requires that in determining who is adversely affected by a change in consent conditions the consent authority must consider every person who made a submission on the original application and may be affected by the change. 67. It is recognised that consideration of affected persons does not provide an opportunity for the Council to consider again the adverse effects on affected parties in relation to the activity that consent was granted to. 68. In addressing Section 127(4) consideration has been given to the addition of a take point. The additional take point is already existing, and no modification is required to accommodate the additional water. 69. In the decision documents for the resource consent application for CRC062680, CRC062685, CRC062686 and CRC063823 no concern was raised regarding the location of the take. No submission opposed the location and / or suggested the take point would be better or worse if it was upstream or downstream and no reasoning / explanation was requested, by any
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submitters, in regard to the location of the take. Noticeably, Barrhill Chertsey Irrigation did not oppose the location. 70. There are four surface water takes located between the existing consented location and proposed new take point. Because the consented gauging site – Rakaia River Fighting Hill is located upstream of the all the takes in this reach and approximately 8km upstream of the proposed additional take point there will be no impact on the water available to these consented takes. 71. CPW held numerous meetings with key stakeholders throughout the preliminary and detailed design phases to negotiate and agree location and design details of the Rakaia Intake infrastructure, including the take point and Fish Screen. These meetings included site visits to inspect the proposed locations of structures and channels as well as safety and amenity features. Parties represented at these meetings were:
• CPW; • Environment Canterbury; • Whitewater NZ Incorporated; • NZ Jet Boating Association; • Fish and Game; and • The Department of Conservation.
72. During design of the diversion/protection structures at Rakaia Road Intake, CPW consulted with representatives from Whitewater NZ, the Jetboat association, ECan Harbour Master Ian Fox, Department of Conservation and Fish & Game. Feedback from these representatives was incorporated into the design of the structures to the satisfaction of all parties. 73. During these discussions, location was of lesser concern than aspects of human health and safety, navigability, fish passage, bird breeding/nesting and habit rehabilitation. Input from these parties was incorporated into the designs and related Management Plans to the satisfaction of all parties. In addition, input was sought and received from Trust Power in relation to operational aspects of the CPW development. 74. CPW has also carried out regular consultation with Rununga, including formation of a CPW/Rununga advisory group; the Papatipu Rununga Advisory Group (PRAG) that met regularly to discuss cultural aspects of the CPW plans and development schedules. Rununga representatives provided information to CPW on culturally sensitive areas, which was utilised in the formation of CPW’s Archaeological Management Plan, Land and Rehabilitation Management Plan, and Accidental Discovery Protocol amongst others. 75. Consultation and negotiations also occurred with the landowners directly affected by the Rakaia Intake Infrastructure, being the Crown (through Land Information New Zealand) and JH & ML Richards. Both parties approved of the extension to the designation over the intake works and these were supplied to SDC. 76. There are no effects raised by this application that require notification to landowners or previous submitters. 77. Overall, CPW is not aware of any concerns from key stakeholders relating to the current main intake location. 78. As the proposed amendment involves no further construction to accommodate the water and the proposed amendment is not materially different there are no effects raised by this application that require notification of original submitters.
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79. There are no further parties that are considered affected by the proposed amendments and therefore no further consultation has been carried out.
8.0 Notification
8.1 Public or limited Notification 80. The AEE contained in Section 4.0 of this report has concluded that, in retaining the appropriate mitigation measures, the effects on the environment are no different to those which are already authorised. At most, the change would result in effects which are less than minor. There are no parties affected by the proposed works, and as such, the nature of this application does not warrant public or limited notification.
9.0 Conclusions 81. Overall, the proposed amendments are consistent with the purpose and principles of the RMA and all relevant statutory planning documents. The effects of the change will be nil or less than minor at most.
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10.0 Appendix A
CRC062685
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