Submission on Proposed Bay of Plenty Regional Policy Statement

From: Royal Forest and Bird Protection Society NZ Inc To: Environment Bay of Plenty PO Box 364 Whakatane

Address for Service: Al Fleming PO Box 70 171 Tauranga 3155

8 February 2011

Page # Section Submission Decision sought: Whole PRPS should adopt a “strong sustainability model” as identified in “Strong document sustainability for New Zealand – Principles and scenarios” see http://sites.google.com/site/strongsustainability

Whole The directive nature of the Proposed RPS is supported. Retain the directive nature document of the Proposed RPS Whole The use of the word ‘enable’ is problematic when it is not used in other parts of s5 Review the use of the word document of the Act. ‘enable’ in all objectives and policies. Whole The BOPRC produce many maps (GIS format) that would be of great value to iwi / Include information / map document community groups that have GIS capability. access and availability in appropriate method(s) A project to collate the available maps and make them accessible would be valuable.

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Page # Section Submission Decision sought: Whole Environmental Education initiatives should be co-ordinated with other Include environmental education document agency, territorial authority, community and business education project in appropriate method(s) initiatives.

Where appropriate BOPRC should contract external environmental education providers, e.g. Experiencing Marine Reserves

Whole The RPS was released prior to the gazettal of the NZCPS Include wording to provide for review document of RPS so as to ensure NZCPS is Once the NZCPS is gazetted BOPRC should undertake a review of the RPS implemented to ensure that the NZCPS is fully implemented. This may necessitate a variation to the RPS.

24 - 26 Objectives 2 and Policy 20 of the NZCPS gives clear direction on vehicle access to beaches Provide more specific direction on 4 but the PRPS does not. controlling vehicles on beaches to ensure an integrated approach i.e. The RPS needs to ensure that an integrated approach is taken policies and methods. throughout the region. At present district council approaches are inconsistent and encourage vehicles to some parts of the coast. Adverse effects include public safety, amenity, erosion, and biodiversity maintenance.

27 2.3.1 Energy The supposition that hydro-electric energy is renewable is incorrect. The Amend discussion of hydro-electric water utilised may be renewable (although finite), but the natural energy to clarify that is only a partially character of the river is not. renewable source.

This should be acknowledged and explained in the introduction. Subsequent policies should also reflect this.

Page # Section Submission Decision sought: 34 Geothermal Geothermal energy should not be managed within a 100 year timeframe. If Remove the presumption that sustainability used “sustainably” geothermal resources may self replenish. geothermal resources can be depleted. 54 Objective 18 Significant resources need to be identified in policies and methods so these Add text identifying significant resources are not lost or adversely affected through permitted activities. resources

73 2.10 Water Community groups are also involved in the Kaimai Catchments Project including Add “iwi, community groups, quality and Land Forest and Bird’s Kaimai Mamaku Campaign. See www.kaimaimamaku.org.nz and landowners Use for more information

75 2.10 Water This issue should explicitly mention both stormwater and ‘point source’ See submission quality and land pollution associated with: use 2.10.3  Inappropriate agricultural practises, e.g. cows in unfenced streams  dairy factories and forestry plants, e.g. Tasman pulp and paper

76 Objective 29 Should include reference to life supporting capacity of freshwater ecosystems.

Page # Section Submission Decision sought: 79 Water Quantity The national ‘Report of the Land and Water forum: A Include wording to provide for review of RPS so as to fresh start for freshwater’ identifies a number of ensure that recommendations from the Report of the recommendations associated with water quantity and Land and Water forum NZCPS area provided for / quality. One example is rural water supply for implemented asap agricultural, forestry and horticultural purposes should be metered and a water rate charged. Part of the revenue generated should be used for river / stream restoration.

The RPS should provide for a review of the RPS to ensure that the approved Land and Water recommendations are provided for / implemented asap.

This may necessitate a variation to the RPS.

80 Objective 31 Demand for water currently exceeds supply in many Rewrite this objective to ensure that water allocation catchments of the BOP. Demand is likely to increase. (a) Safeguards the life supporting capacity of freshwater On this basis the objective “meet the range of uses and ecosystems; and (b) meets the reasonably foreseeable values for which water is required” is untenable. needs of future generations; (c) recognises and provides for s 6 matters and (d) is allocated according to agreed criteria, rather than being on a first-come, first-served basis.

Page # Section Submission Decision sought: 92 Policy CE 6B p92 NIWA and Forest and Bird have identified significant concerns associated with the Remove the term enable Mangroves current methodology of mangrove removal in Tauranga harbour. Add the aforementioned Forest and Bird has recently submitted a paper to the BOPRC which identifies criteria to the policy alternative methods of removal and a trial and monitoring regime associated with those methods.

The following criteria should also be taken into account when considering applications to remove mangrove:

 any existing protection status on the proposed removal site  is the area proposed to have greater protection  is the mangrove part of a good quality vegetation sequence  connectivity of habitat along estuary margins  avifauna habitat values  high tide bird roost  fish habitat

Page # Section Submission Decision sought: 95 Policy CE 12B An “ecosystem integrity” approach should be adopted within a Regional Coastal Remove the term enable Enabling Plan. sustainable Amend to include aquaculture Identify “marine habitat types” through the DOC / MinFish Marine Protected Areas mapping process, i.e. marine habitat stocktake, prior to potential  Ecosystem integrity aquaculture areas being identified / established.  Adverse effects on marine mammals No mention is made of the potential effects of aquaculture on marine mammals.

Research funding should be provided by industry for appropriate research on ecosystem effects of aquaculture, e.g. mapping benthic habitats.

An industry code of practise should be developed at a national level and enforced by BOPRC

Page # Section Submission Decision sought: 96 Energy and Support the intent of this policy however: Amend policy so that renewable Infrastructure energy is prompted and provided Policy EI 1B Hydro-electricity is considered to be “renewable” within the PRPS. for where: However once a river is dammed it is non-renewable.  It is appropriately located The current wording of “enabling … the use of small scale …renewable  It is at an appropriate scale energy generation” encourages proposals such as the BOP Electricity  adverse effects are Kaituna River Dam. A significant stretch of the Kaituna rivers natural mitigated character, i.e. fast flowing rapids, would be changed to a slow moving lake. Renewable energy should also The damming of undammed rivers within the BOP should not be enabled. recognise and provide for matters of national importance. Enabling is again inconsistent with the Act.

104 Integrated This policy does not reflect the range of BOPRC activities regarding Add section which identifies and management biodiversity protection. Examples include the Kaimai Catchments Project aforementioned methods and 105 Policy IR 8C p (catchment management), biodiversity management plans, freshwater include the term freshwater Policy IR 9D biodiversity and funding for landowners to fence riparian strips based on biodiversity. biodiversity values.

Page # Section Submission Decision sought: New Policy The New Zealand Emission Trading Scheme provides the Include a new policy to identify carbon opportunities for Regional Councils to invest in carbon sequestration opportunities with afforestation, sequestration projects. pest control and restoration of terrestrial and freshwater biodiversity values. The BOPRC could produce a scoping report identifying carbon sequestration opportunities including afforestation and pest control activities. This should be integrated with the proposed Regional Pest Management Strategy.

Terrestrial and freshwater biodiversity gains should be provided for when identifying potential investment projects.

105 Policy IW 1B Why only (c) In the Western Bay of Plenty sub-region only? Delete the words ‘In the western Bay of plenty sub-region only”.

114 Policy NH 6B The sea level changes identified in the PRPS are less than those Amend in line with best information, i.e. IPCC identified in the Intergovernmental Panel on Climate Change projections. (IPCC) 2007 report entitled: Climate Change 2007: Synthesis report.

A conservative sea-level rise projection by the IPCC (A1T) was a rise of between 1.4 and 3.8 meters. Forest and Bird note that 1.4 meters is significantly greater than the 0.8 m identified in (c) of Policy NH 6B.

Page # Section Submission Decision sought: 124 Policy WL 6B The proposed RPS does not comment on whether Add “Undertaken an audit of dairy farms within the performance targets established in the Dairy and Clean BOP so as to assess whether they comply with Streams Accord or associated Regional Action Plan have performance targets as identified in the Dairy and been met. Clean Streams Accord”

If there are non-compliant farms within the BOP then these Add appropriate methods and implementation farms should be identified and direction given to for them to comply.

This submission notes that a fundamental flaw with the Dairying and Clean Streams Accord is the definition of an “accord stream”, i.e. deeper than a red band (ankle depth) and wider than a stride and permanently flowing.

The BOPRC definition of streams should include all freshwater ways including those shallower and narrower than “accord streams”.

Page # Section Submission Decision sought: 124 Policy WL 6B Nutrient management plans which reuse dairy shed waste, retire / Add “Best practise nutrient afforest uneconomical land parcels and create natural wetland systems; management plans should be as opposed to only modifying fertiliser regimes, should be implemented mandatory on all dairy farms by insert over time. achievable date

Regional Council to facilitate and monitor development and implementation of ‘best practise’ farm nutrient management plans.

These should be a requirement of dairy farmer supplier contracts.

126 Policy WQ 1A Enable word is inappropriate (see earlier comments). Change the word “enable” to “encourage”. 126 Policy WQ 2A Minimum flow requirements should maintain freshwater ecosystems. Amend (a) to read “surface water bodies that maintain freshwater ecosystems …” 126 Policy WQ 3B Forest and Bird support the move away from first-in, first-served. Allocating water p126 See earlier comments re Land and Water Forum recommendations.

139 Method 54: Environmental education programmes should be inclusive of all Amend “… support experiential Provide and indigenous ecosystems and include experiential learning. education support …Amend (b) to read “all Indigenous environmental Experiential learning is best practise, school curriculum orientated and ecosystems including forests, wetlands, education most effective in changing behaviours estuary, dune and marine ecosystems” programmes

The Society wishes to be heard in support of this submission. If others make a similar submission, the society will consider making a joint case with them at the hearing.

Royal Forest and Bird Protection Society NZ Inc Al Fleming Central North Island Field Officer

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