Consents & Regulatory Committee Agenda October 2017

Consents and Regulatory Committee

Tuesday 17 October 2017 9.30am Taranaki Regional Council, Stratford Consents and Regulatory Committee - Agenda

Agenda for the meeting of the Consents and Regulatory Committee to be held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 17 October 2017 commencing at 9.30am.

Members Councillor M P Joyce (Committee Chairperson) Councillor M J Cloke Councillor M G Davey Councillor C L Littlewood Councillor M J McDonald Councillor B K Raine Councillor N W Walker

Councillor D L Lean (ex officio) Councillor D N MacLeod (ex officio)

Representative Mr H Eriwata (Iwi Representative) Members Mr K Holswich (Iwi Representative) Ms F Mulligan (Iwi Representative)

Apologies

Notification of Late Items

Opening Karakia

Item Page Subject Item 1 5 Confirmation of Minutes

Item 2 11 Resource consents issued under delegated authority and applications in progress

Item 3 32 Report on five applications for notified consents - Fonterra Limited Whareroa Site

Item 4 157 Appointment of Hearing Commissioner - New Zealand Transport Agency

Item 5 160 Consent monitoring annual reports and case study 'Live Water Quality Monitoring' - moving forward with the latest technology

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Item 6 191 Incident, Compliance, Monitoring Non-compliances and Enforcement Summary

Item 7 223 Public Excluded

Item 8 224 Confirmation of Confidential Minutes

3 Consents and Regulatory Committee - Opening Karakia

Whakataka te hau Karakia to open and close meetings Whakataka te hau ki te uru Cease the winds from the west Whakataka te hau ki tonga Cease the winds from the south Kia mākinakina ki uta Let the breeze blow over the land Kia mātaratara ki tai Let the breeze blow over the ocean Kia hī ake ana te atakura Let the red-tipped dawn come with a sharpened air He tio, he huka, he hauhu A touch of frost, a promise of glorious day Tūturu o whiti whakamaua kia tina. Let there be certainty Tina! Secure it! Hui ē! Tāiki ē! Draw together! Affirm!

4 Consents and Regulatory Committee - Confirmation of Minutes

Agenda Memorandum

Date 17 October 2017

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Confirmation of Minutes – 29 August 2017

Approved by: G K Bedford, Director-Environment Quality

B G Chamberlain, Chief Executive

Document: 1945280

Resolve That the Consents and Regulatory Committee of the Taranaki Regional Council: 1. takes as read and confirms the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 29 August 2017 at 9.30am 2. notes the recommendations therein were adopted by the Taranaki Regional Council on 18 September 2017. Matters arising Appendices Document #1922437 – Minutes Consents and Regulatory Committee

5 Consents and Regulatory Committee - Confirmation of Minutes

Minutes of the Consents and Regulatory Committee Meeting of the Taranaki Regional Council, held in the Taranaki Regional Council Chambers, 47 Cloten Road, Stratford, on Tuesday 29 August 2017 at 9.30am.

Members Councillors M P Joyce (Committee Chairperson) M J Cloke C L Littlewood M J McDonald B K Raine N W Walker

D L Lean (ex officio) D N MacLeod (ex officio)

Representative Mr K Holswich (Iwi Representative) Members (via audio and video link)

Attending Messrs B G Chamberlain (Chief Executive) G K Bedford (Director-Environment Quality) A D McLay (Director-Resource Management) M J Nield (Director-Corporate Services) B E Pope (Compliance Manager) C H McLellan (Consents Manager) Mrs H Gerrard (Science Manager) Mr R Phipps (Science Manager) Mrs K van Gameren (Committee Administrator) Mr R Ritchie (Communications Manager) Mr M Ritai (Iwi Representative) Ms E Bailey (Iwi Representative)

One Member of the media. Three Members of the public.

Apologies The apologies from Councillor M G Davey, Mr H Eriwata (Iwi Representative) and Ms F Mulligan (Iwi Representative) were received and sustained.

Notification of Late Items There were no late items of general business.

Doc# 1922437-v1

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1. Confirmation of Minutes – 25 July 2017

Resolved

THAT the Consents and Regulatory Committee of the Taranaki Regional Council 1. takes as read and confirms the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 25 July 2017 at 9.30am 2. notes that the recommendations therein were adopted by the Taranaki Regional Council on 15 August 2017. Cloke/Littlewood

Matters Arising

There were no matters arising.

2. Resource consents issued under delegated authority and applications in progress

2.1 The Committee considered and discussed the memorandum advising of consents granted, consents under application and of consent processing actions since the last meeting of the Committee.

2.2 Mr C L McLellan, Consents Manager, noted to the Committee that the Council expects to receive in September 2017 a number of major resource consent applications associated with the SH3 Mt Messenger Bypass project. The New Plymouth District Council will also get a number of land-use consent applications as part of the project. The consent applications will be considered jointly with the NPDC who will be the lead agency. A Joint Hearing Committee to hear the applications will be appointed in due course.

Recommended

THAT the Taranaki Regional Council 1. receives the schedule of resource consents granted and other consent processing actions, made under delegated authority.

Joyce/Raine

3. Consent monitoring annual reports and case study on NPDC Inglewood wastewater treatment plant

3.1 Mrs H Gerard, Science Manager, spoke to the memorandum advising the Committee

of 11 tailored compliance monitoring reports that have been prepared since the last Committee meeting and to introduce a case study to reduce the effect of stormwater Consents and Regulatory Committee Meeting Tuesday 29 August 2017

7 Consents and Regulatory Committee - Confirmation of Minutes

and groundwater influent volumes at the Inglewood Wastewater Treatment Plan (NPDC).

3.2 The Committee noted and discussed the New Plymouth District Council’s Inglewood Wastewater treatment plant case study, commending the NPDC’s continued environmental improvements at the site and within the town’s sewer system.

Recommended

THAT the Taranaki Regional Council 1. receives the 17-33 Todd Energy Aquatic Centre Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 2. receives the 17-25 NZEC DWI Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 3. receives the 17-37 Value Timber Monitoring Programme Annual Report 2016- 2017and adopts the specific recommendations therein. 4. receives the 17-43 STDC Wai-inu Beach Settlement Compliance Monitoring Annual Report 2016-2017 and adopts the specific recommendations therein. 5. receives the 17-17 Cold Creek Community Water Supply Limited Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 6. receives the 17-67 NPDC Crematorium Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 7. receives the 17-18 Oaonui Water Supply Limited Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 8. receives the 17-70 NZ Pure Bred Genetics Ltd (Piggery) Monitoring Programme Final Report 2016-2017 and adopts the specific recommendations therein. 9. receives the 17-62 RKM Farms Ltd (Piggery) Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 10. receives the 17-24 STOS DWI Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 11. receives the 17-65 Osflo Fertiliser Ltd Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. MacLeod/McDonald

4. Incident, Compliance Monitoring Non-compliances and Enforcement Summary – 1 July 2017 to 10 August 2017

4.1 The Committee received and noted the summary of the Council’s Incidents, Compliance Monitoring Non-compliances and Enforcement for the period 1 July 2017 to 10 August 2017.

Consents and Regulatory Committee Meeting Tuesday 29 August 2017

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4.2 Mr B E Pope, Compliance Manager, provided an overview to the Committee on the reported incidents and answered questions concerning officer assessments of the incidents. Mr Pope noted to the Committee that the Council’s IRIS database system has a new section – non-compliance incidents found during routine compliance monitoring. This is now reported separately to the Committee.

4.3 The matter of Iwi liaison as part of the Council’s incident response was discussed. The Council engages with affected parties, including Iwi, when a non-compliant incident progresses through to a potential prosecution.

Recommended

THAT the Taranaki Regional Council 1. receives the memorandum 2. receives the summary of the Incidents, Compliance Monitoring Non-compliances and Enforcement for the period from 1 July 2017 to 10 August 2017, notes the action taken by staff acting under delegated authority and adopts the recommendations therein. Littlewood/Walker

5. Public Excluded

In accordance with section 48(1) of the Local Government Official Information and Meetings Act 1987, it is resolved that the public is excluded from the following part of the proceedings of the Consents and Regulatory Committee on Tuesday 29 August 2017 for the following reason/s:

Item 6 – Confirmation Minutes

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where such disclosure would be likely to prejudice the maintenance of the law, including the prevention, investigation and detection of offences, and the right to a fair trial.

MacLeod/Cloke

There being no further business, the Committee Chairperson Councillor M J Cloke, declared the Consents and Regulatory Committee meeting closed at 10.10am.

Mr Joyce received and noted the comments Mr Holswich provided on the meeting (via email) and advised that Council staff would directly respond to some of the matters raised in due course.

Consents and Regulatory Committee Meeting Tuesday 29 August 2017

9 Consents and Regulatory Committee - Confirmation of Minutes

Confirmed

Chairperson ______M P Joyce

Date 17 October 2017

Consents and Regulatory Committee Meeting Tuesday 29 August 2017

10 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Agenda Memorandum

Date 17 October 2017

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Resource consents issued under delegated authority and applications in progress

Approved by: A D McLay, Director – Resource Management

B G Chamberlain, Chief Executive

Document: 1944288

Purpose The purpose of this memorandum is to advise the Committee of consents granted, consents under application and of consent processing actions since the last meeting. This information is summarised in figures at the end of this report.

Executive summary Memorandum to advise the Committee of recent consenting actions made under regional plans and the Resource Management Act, in accordance with Council procedures and delegations.

Recommendation That the Taranaki Regional Council: 1. receives the schedule of resource consents granted and other consent processing actions, made under delegated authority.

Background The following resource consent applications have been investigated by officers of the Taranaki Regional Council. They are activities with less than minor adverse effects on the environment or minor effects and affected parties have agreed to the activity. In accordance with sections 104 to 108 and section 139 of the Resource Management Act 1991, and pursuant to delegated authority to make decisions on consent applications, the Chief Executive or the Director—Resource Management has granted the consents/certificates of compliance.

The exercise of delegations under the Resource Management Act 1991 is reported for Committee Members’ information. Under the delegations manual, consent processing actions are to be reported to the Consents and Regulatory Committee.

11 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

The attached appendices (consent applications in progress) show the total number of applications in the consent processing system over the last twelve months. The number of applications for the renewal of resource consents is also shown. The difference between the two is the number of new applications, including applications for a change of conditions. New applications take priority over renewal applications. Renewal applications are generally put on hold, with the agreement of the applicant, and processed when staff resources allow. A consent holder can continue to operate under a consent that is subject to renewal. The above approach is pragmatic and ensures there are no regulatory impediments to new activities requiring authorisation.

Also attached are the following:  Applications in progress table - the number of applications in progress at the end of each month (broken down into total applications and the number of renewals in progress) for this year and the previous two years.  Consents issued table - the number of consents issued at the end of each month for this year and the previous two years.  Potential hearings spreadsheet outlining the current status of limited/notified applications where hearing committees have been appointed.  Breakdown of consents issued. This is the number of consents issued broken down by purpose – new, renewals, changes or review.  Types of consents issued, further broken down into notification types – non-notified, limited notified or public notified.  Public and iwi involvement in non-notified consents. This assessment excludes routine farm dairy discharges as generally affected party approval and iwi consultation is not required for these.  Application processing time extensions used compared to the previous years.  Consent type process shows the notification type including applications submitted on and the pre-hearing resolution numbers.

Discussion Part 6 (Planning, decision-making and accountability) of the Local Government Act 2002 has been considered and documented in the preparation of this agenda item. The recommendations made in this item comply with the decision-making obligations of the Act.

Decision-making considerations Part 6 (Planning, decision-making and accountability) of the Local Government Act 2002 has been considered and documented in the preparation of this agenda item. The recommendations made in this item comply with the decision-making obligations of the Act.

Financial considerations—LTP/Annual Plan This memorandum and the associated recommendations are consistent with the Council’s adopted Long-Term Plan and estimates. Any financial information included in this memorandum has been prepared in accordance with generally accepted accounting practice.

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Policy considerations This memorandum and the associated recommendations are consistent with the policy documents and positions adopted by this Council under various legislative frameworks including, but not restricted to, the Local Government Act 2002, the Resource Management Act 1991 and the Local Government Official Information and Meetings Act 1987.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments List of non-notified consents (document #1944289) List of limited-notified consents (document #1944290) Schedule of non-notified consents (document #1944291) Schedule of limited-notified consents (document #1944292) Consents processing charts for Agenda (document #1944286)

13 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

Coastal Permit Consent Holder Subtype Primary Industry Purpose Activity Purpose R2/10450-1.1 Shell Exploration NZ Limited Discharge to land (CMA) Hydrocarbon Exploration New R2/10477-1.0 Shell Exploration NZ Limited Discharge to land (CMA) Hydrocarbon Exploration New Discharge Permit Consent Holder Subtype Primary Industry Purpose Activity Purpose R2/10432-1.1 Fonterra Limited Land - stormwater Dairy New Processing/Manufacturing R2/3431-3.0 Droughtboy Limited Land - animal waste Dairy Farm Replace R2/0657-3.0 New Zealand Rural Property Trust Land - animal waste Dairy Farm Replace Nominees Limited R2/5347-1.2 South Taranaki District Council Land - solid waste Landfill Review R2/5348-1.3 South Taranaki District Council Air - Industry Landfill Review R2/5349-1.2 South Taranaki District Council Land/Water Industry Landfill Review R2/2776-3.0 BJ & LM Bailey Family Trusts Water - Animal Waste Dairy Farm Replace R2/6884-2.0 Hakuna Matata Trust Land - animal waste Dairy Farm New R2/10395-1.0 R & F Farms Limited Land/Water Industry Dairy Farm New R2/7837-1.1 Cabra Finca Limited Water - Animal Waste Goat Farm Change R2/2260-3.1 Silver Fern Farms Management Ltd Land - Industry Meat and Byproduct Replace Processing R2/4629-3.1 Silver Fern Farms Management Ltd Air - Industry Meat and Byproduct Replace Processing R2/2367-3.2 AICA (NZ) Limited Land/Water Industry Chemical Change Processing/Manufacturing R2/1215-3.0 Double D Trust Partnership Land/Water - Animal Waste Dairy Farm Replace

R2/10473-1.0 Aviagen New Zealand Limited Land - animal waste Poultry Farm New R2/4324-2.1 Lance Trust Land - animal waste Dairy Farm Change R2/7190-1.1 Trustpower Limited Water to Water Power Generation - Hydro Change Land Use Consent Consent Holder Subtype Primary Industry Purpose Activity Purpose R2/5350-1.2 South Taranaki District Council Dam/Weir Landfill Review R2/5351-1.2 South Taranaki District Council Structure - Other Building Review Construction/Drainage/Flood Control R2/10467-1.0 Fonterra Limited Structure - Outlet Dairy New Processing/Manufacturing R2/10396-1.0 R & F Farms Limited Pipe Waterway Dairy Farm New R2/10466-1.0 Airport Farm Trustees Limited Realign Waterway Dairy Farm New R2/10468-1.0 New Plymouth District Council Structure - Other Recreation/Tourism/Cultural New R2/10469-1.0 John & Kathleen Weston Structure - Culvert Dairy Farm New R2/10470-1.0 Oakura Farms Limited Structure - Culvert Dairy Farm New R2/4226-1.1 New Zealand Transport Agency Structure - Bridge Road/Bridge Construction or Change Maintenance R2/10474-1.0 Donald & Dalel Herbert Vegetation Disturbance Forestry New R2/2452-3.0 Stratford District Council Dam/Weir Water Supply or Treatment Replace R2/5353-2.0 Stratford District Council Dam/Weir Water Supply or Treatment Replace R2/10476-1.0 Tess Johnston Structure - Bridge Dairy Farm New Water Permit Consent Holder Subtype Primary Industry Purpose Activity Purpose R2/6637-1.1 Todd Pohokura Limited Take produced water Energy Change R2/6873-1.1 Todd Exploration Limited Take produced water Energy Change R2/6971-1.1 Todd Energy Limited Take produced water Energy Change R2/7403-1.1 Todd Energy Limited Take Groundwater Energy Change R2/7456-1.1 Todd Energy Limited Take Groundwater Energy Change R2/9456-1.1 Todd Energy Limited Take produced water Energy Change R2/9876-1.1 Todd Energy Limited Take produced water Energy Change R2/10023-1.1 Todd Energy Limited Take produced water Energy Change R2/10475-1.0 Silver Fern Farms Management Ltd Take Groundwater Manufacturing New R2/0489-2.3 Trustpower Limited Dam Power Generation - Hydro Change R2/0491-2.1 Trustpower Limited Take Surface Water Power Generation - Hydro Change

Doc #1944289

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Limited Notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

Water Permit Consent Holder Subtype Primary Industry Purpose Activity Purpose

R2/0195-3.0 Stratford District Council Take Surface Water Water Supply or Treatment Replace

R2/5571-2.0 Jimian Limited Take Surface Water Dairy Farm Replace

#1944290

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Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/10432-1.1 Commencement Date: 18 Aug 2017 Fonterra Limited Expiry Date: 01 Jun 2022 PO Box 444, Hawera 4640 Review Dates: Activity Class: Controlled Location: Manaia Road, Kapuni Application Purpose: New To discharge stormwater and sediment from earthworks associated with the construction of a stormwater containment pond onto and into land

R2/3431-3.0 Commencement Date: 18 Aug 2017 Droughtboy Limited Expiry Date: 01 Dec 2041 191 Mangawhero Road, RD 29, Hawera 4679 Review Dates: 01/06/2023, 01/06/2029, 01/06/2035 Activity Class: Controlled Location: 191 Mangawhero Road, Hawera Application Purpose: Replace To discharge farm dairy effluent onto land

R2/0657-3.0 Commencement Date: 21 Aug 2017 New Zealand Rural Property Trust Nominees Expiry Date: 01 Dec 2041 Limited Brian Burrough - Chief Executive Officer, PO Review Dates: 01/06/2023, 01/06/2029, Box 783, Hastings 4156 01/06/2035 Activity Class: Controlled Location: 97 Upper Glenn Road, Manaia Application Purpose: Replace To discharge farm dairy effluent onto land

R2/5347-1.2 Commencement Date: 24 Aug 2017 South Taranaki District Council Expiry Date: 01 Jun 2034 Chief Executive, Private Bag 902, Hawera 4640 Review Dates: 01/12/2017, 01/06/2018, 01/06/2019, 01/06/2023, 01/06/2029 Activity Class: Discretionary Location: Central Landfill, Rotokare Road, Application Purpose: Review Eltham To discharge contaminants onto and into land at the South Taranaki District Council Central Landfill, Eltham

To review conditions to provide additional opportunities to review the consent conditions

16 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/5348-1.3 Commencement Date: 24 Aug 2017 South Taranaki District Council Expiry Date: 01 Jun 2034 Chief Executive, Private Bag 902, Hawera 4640 Review Dates: 01/12/2017, 01/06/2018, 01/06/2019, 01/06/2023, 01/06/2029 Activity Class: Discretionary Location: Central Landfill, Rotokare Road, Application Purpose: Review Eltham To discharge emissions into the air from landfilling activities at the South Taranaki District Council Central Landfill, Eltham

To review conditions to provide additional opportunities to review the consent conditions

R2/5349-1.2 Commencement Date: 24 Aug 2017 South Taranaki District Council Expiry Date: 01 Jun 2034 Chief Executive, Private Bag 902, Hawera 4640 Review Dates: 01/12/2017, 01/06/2018, 01/06/2019, 01/06/2023, 01/06/2029 Activity Class: Discretionary Location: Central Landfill, Rotokare Road, Application Purpose: Review Eltham To discharge up to 15,000 cubic metres/day of uncontaminated stormwater and 4,000 cubic metres/day of treated stormwater from the South Taranaki District Council Central Landfill, Eltham, onto and into land and into an unnamed tributary of the Waingongoro River

To review conditions to provide additional opportunities to review the consent conditions

R2/5350-1.2 Commencement Date: 24 Aug 2017 South Taranaki District Council Expiry Date: 01 Jun 2034 Chief Executive, Private Bag 902, Hawera 4640 Review Dates: 01/12/2017, 01/06/2018, 01/06/2019, 01/06/2023, 01/06/2029 Activity Class: Discretionary Location: Central Landfill, Rotokare Road, Application Purpose: Review Eltham To dam and divert water around the South Taranaki District Council Central Landfill, Eltham, in the headwaters of an unnamed tributary of the Waingongoro River

To review conditions to provide additional opportunities to review the consent conditions

17 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/5351-1.2 Commencement Date: 24 Aug 2017 South Taranaki District Council Expiry Date: 01 Jun 2034 Chief Executive, Private Bag 902, Hawera 4640 Review Dates: 01/12/2017, 01/06/2018, 01/06/2019, 01/06/2023, 01/06/2029 Activity Class: Discretionary Location: Central Landfill, Rotokare Road, Application Purpose: Review Eltham To erect, place and maintain structures in the beds of unnamed tributaries of the Waingongoro River for the construction and maintenance of the South Taranaki District Council Central Landfill, Eltham

To review conditions to provide additional opportunities to review the consent conditions

R2/2776-3.0 Commencement Date: 25 Aug 2017 BJ & LM Bailey Family Trusts Expiry Date: 01 Dec 2041 100A Poto Road, RD 21, Stratford 4391 Review Dates: 01/06/2023, 01/06/2029, 01/06/2035 Activity Class: Controlled Location: 652 Opunake Road, Stratford Application Purpose: Replace To discharge farm dairy effluent onto land, and until 1 June 2020 after treatment in an oxidation pond system, via overland flow into an unnamed tributary of the Waingongoro River

R2/6884-2.0 Commencement Date: 29 Aug 2017 Hakuna Matata Trust Expiry Date: 01 Dec 2041 191 Mangawhero Road, RD 29, Auroa, Hawera Review Dates: 01/06/2023, 01/06/2029, 4679 01/06/2035 Activity Class: Controlled Location: 191 Mangawhero Road, Auroa Application Purpose: New To discharge farm dairy effluent onto land

R2/10467-1.0 Commencement Date: 30 Aug 2017 Fonterra Limited Expiry Date: 01 Jun 2035 Private Bag 1, Edgecumbe 3160 Review Dates: 01/06/2023, 01/06/2029 Activity Class: Discretionary Location: Manaia Road, Kapuni Application Purpose: New To install a stormwater outlet structure in the Kaupokonui Stream

18 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/10395-1.0 Commencement Date: 30 Aug 2017 R & F Farms Limited Expiry Date: 01 Jun 2034 C/- Stewart Fisher, 579 Manawapou Road, RD Review Dates: 01/06/2019, 01/06/2021, 12, Hawera 4672 01/06/2023, 01/06/2025, 01/06/2027, 01/06/2029, 01/06/2031, 01/06/2033 Activity Class: Discretionary Location: 579 Manawapou Road, Hawera Application Purpose: New To discharge stormwater and leachate in association with a closed dump site onto and into land, and into an unnamed tributary of the Tangahoe River

R2/10396-1.0 Commencement Date: 30 Aug 2017 R & F Farms Limited Expiry Date: 01 Jun 2034 C/- Stewart Fisher, 579 Manawapou Road, RD Review Dates: 01/06/2019, 01/06/2021, 12, Hawera 4672 01/06/2023, 01/06/2025, 01/06/2027, 01/06/2029, 01/06/2031, 01/06/2033 Activity Class: Discretionary Location: 579 Manawapou Road, Hawera Application Purpose: New To disturb the bed of an unnamed tributary of the Tangahoe River, including associated stream piping and stream bed reclamation

R2/10466-1.0 Commencement Date: 01 Sep 2017 Airport Farm Trustees Limited Expiry Date: 01 Jun 2034 58 Airport Drive, RD 3, New Plymouth 4373 Review Dates: 01/06/2022, 01/06/2028 Activity Class: Discretionary Location: 3326 Mountain Road, Midhirst Application Purpose: New To realign an unnamed tributary of the Kahouri Stream

R2/6637-1.1 Commencement Date: 05 Sep 2017 Todd Pohokura Limited Expiry Date: 01 Jun 2020 PO Box 802, New Plymouth 4310 Review Dates: Activity Class: Discretionary Location: Terrace-A wellsite, Airport Drive, Application Purpose: Change Bell Block (Property owner: New Plymouth District Council) To take groundwater, including the incidental take of heat and energy, that may be encountered as produced water during hydrocarbon exploration and production activities at the Terrace-A wellsite

Change of conditions to include the incidental take of geothermal heat and energy

19 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/6873-1.1 Commencement Date: 05 Sep 2017 Todd Exploration Limited Expiry Date: 01 Jun 2024 PO Box 802, New Plymouth 4340 Review Dates: 01/06/2018 Activity Class: Discretionary Location: Te Kiri-B wellsite, 442 Upper Kina Application Purpose: Change Road, Rahotu (Property owner: PJ & IG Mullan) To take groundwater, including the incidental take of heat and energy, that may be encountered as produced water during hydrocarbon exploration and production activities at the Te Kiri-B wellsite

Change of conditions to include the incidental take of geothermal heat and energy

R2/6971-1.1 Commencement Date: 05 Sep 2017 Todd Energy Limited Expiry Date: 01 Jun 2021 PO Box 802, New Plymouth 4340 Review Dates: Activity Class: Discretionary Location: Mangahewa-C wellsite, Tikorangi Application Purpose: Change Road East, Waitara (Property owner: Todd Mangahewa Farm Limited) To take groundwater, including the incidental take of heat and energy, that may be encountered as produced water during hydrocarbon exploration and production activities at the Mangahewa-C wellsite

Change of conditions to include the incidental take of geothermal heat and energy

R2/7403-1.1 Commencement Date: 05 Sep 2017 Todd Energy Limited Expiry Date: 01 Jun 2021 PO Box 802, New Plymouth 4340 Review Dates: Activity Class: Discretionary Location: Mangahewa-D wellsite, Application Purpose: Change Rimutauteka Road, Inglewood (Property owner: KV & SJ Collins) To take groundwater, including the incidental take of heat and energy, that may be encountered as produced water during hydrocarbon exploration and production activities at the Mangahewa-D wellsite

Change of conditions to include the incidental take of geothermal heat and energy

20 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/7456-1.1 Commencement Date: 05 Sep 2017 Todd Energy Limited Expiry Date: 01 Jun 2021 PO Box 802, New Plymouth 4340 Review Dates: Activity Class: Discretionary Location: Mystone-A wellsite, Rimutauteka Application Purpose: Change Road, Inglewood (Property owner: Codylan Farms Limited) To take groundwater, including the incidental take of heat and energy, that may be encountered as produced water during hydrocarbon exploration and production activities at the Mystone-A wellsite

Change of conditions to include the incidental take of geothermal heat and energy

R2/9456-1.1 Commencement Date: 05 Sep 2017 Todd Energy Limited Expiry Date: 01 Jun 2027 PO Box 802, New Plymouth 4340 Review Dates: 01/06/2021 Activity Class: Discretionary Location: Mangahewa-E wellsite, Tikorangi Application Purpose: Change Road East, Waitara (Property owner: KA & LE Sarten) To take groundwater, including the incidental take of heat and energy, that may be encountered as produced water during hydrocarbon exploration and production activities at the Mangahewa-E wellsite

Change of conditions to include the incidental take of geothermal heat and energy

R2/9876-1.1 Commencement Date: 05 Sep 2017 Todd Energy Limited Expiry Date: 01 Jun 2030 PO Box 802, New Plymouth 4340 Review Dates: 01/06/2018, 01/06/2024 Activity Class: Discretionary Location: Te Kiri North-A wellsite, 831 Kina Application Purpose: Change Road, Opunake (Property owners: Harvey Agricultural Holding Limited) To take groundwater, including the incidental take of heat and energy, that may be encountered as produced water during hydrocarbon exploration and production activities at the Te Kiri-A wellsite

Change of conditions to include the incidental take of geothermal heat and energy

21 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/10023-1.1 Commencement Date: 05 Sep 2017 Todd Energy Limited Expiry Date: 01 Jun 2033 PO Box 802, New Plymouth 4340 Review Dates: 01/06/2021, 01/06/2027 Activity Class: Discretionary Location: Mangahewa-G wellsite, Otaraoa Application Purpose: Change Road, Tikorangi To take groundwater, including the incidental take of heat and energy, that may be encountered as produced water during hydrocarbon exploration and production activities at the Mangahewa-G wellsite

Change of conditions to include the incidental take of geothermal heat and energy

R2/7837-1.1 Commencement Date: 06 Sep 2017 Cabra Finca Limited Expiry Date: 01 Dec 2027 1808 Mokau Road, Uruti, Urenui 4379 Review Dates: 01/06/2021 Activity Class: Discretionary Location: 1808 Mokau Road, Uruti Application Purpose: Change To discharge treated goat farm effluent from an oxidation pond treatment system into an unnamed tributary of the Mangahia Stream

Change of conditions to increase the herd size only

R2/10468-1.0 Commencement Date: 06 Sep 2017 New Plymouth District Council Expiry Date: 01 Jun 2032 Private Bag 2025, New Plymouth 4342 Review Dates: 01/06/2020, 01/06/2026 Activity Class: Discretionary Location: Bowl of Brooklands Lake, Pukekura Application Purpose: New Park, New Plymouth To excavate and install eight piles into the bed of the "Bowl of Brooklands Lake”, a tributary of the Huatoki Stream

R2/10469-1.0 Commencement Date: 07 Sep 2017 John & Kathleen Weston Expiry Date: 01 Jun 2033 71 Otaraoa Road, RD 43, Waitara 4383 Review Dates: 01/06/2021, 01/06/2027 Activity Class: Discretionary Location: Otaraoa Road, Motunui Application Purpose: New To install a culvert in the Waipapa Stream, including the associated disturbance of the stream bed

22 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/10470-1.0 Commencement Date: 08 Sep 2017 Oakura Farms Limited Expiry Date: 01 Jun 2037 Norton & Carol Moller, PO Box 20, Oakura Review Dates: 01/06/2025, 01/06/2031 4345 Activity Class: Discretionary Location: 240 Ahu Ahu Road, Oakura Application Purpose: New To remove an existing culvert and install a new culvert in the Otupoto Stream, including the associated disturbance of the stream bed

R2/2260-3.1 Commencement Date: 13 Sep 2017 Silver Fern Farms Management Limited Expiry Date: 01 Jun 2034 PO Box 941, Dunedin 9054 Review Dates: 01/06/2022, 01/06/2025, 01/06/2028, 01/06/2031 Activity Class: Discretionary Location: Waiinui Beach Road, Waitotara Application Purpose: Replace To discharge to land wastewater by spray irrigation, stockyard solid wastes and stabilised sludge by spreading, from meat processing operations in the vicinity of the Waitotara River, including associated discharges to air

R2/4629-3.1 Commencement Date: 13 Sep 2017 Silver Fern Farms Management Limited Expiry Date: 01 Jun 2034 PO Box 941, Dunedin 9054 Review Dates: 01/06/2022, 01/06/2028 Activity Class: Discretionary Location: Waiinui Beach Road, Waitotara Application Purpose: Replace To discharge emissions into the air from various activities associated with meat processing operations

R2/4226-1.1 Commencement Date: 18 Sep 2017 New Zealand Transport Agency Expiry Date: 01 Jun 2027 PO Box 5084, Lambton Quay, Wellington 6145 Review Dates: Activity Class: Discretionary Location: SH3, Waitara Bypass, Waitara Application Purpose: Change To authorise: 1) use, placement and reconstruction of the State Highway 3 Waitara Bypass Bridge, causeway and associated structures, including protective works; and 2) excavation to maintain the capacity of the waterway beneath the bridge; in, on, under and over the Waitara River bed

Change of conditions to reduce the frequency that cross sectional surveys under the bridge are undertaken

23 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/2367-3.2 Commencement Date: 20 Sep 2017 AICA (NZ) Limited Expiry Date: 01 Jun 2032 Private Bag 2055, New Plymouth 4342 Review Dates: 01/06/2018, 01/06/2019, 01/06/2020, 01/06/2026 Activity Class: Discretionary Location: 149 Corbett Road, Bell Block Application Purpose: Change To discharge stormwater from a chemical manufacturing complex to land via irrigation and into a wetland at the headwaters of the Waitaha Stream

Change of conditions to provide for the discharge of stormwater to land by irrigation

R2/10475-1.0 Commencement Date: 20 Sep 2017 Silver Fern Farms Management Limited Expiry Date: 01 Dec 2017 PO Box 941, Dunedin 9054 Review Dates: Activity Class: Discretionary Location: Waiinu Beach Road, Waitotara Application Purpose: New To take groundwater to conduct pump testing on three bores at the Waitotara meat processing plant

R2/1215-3.0 Commencement Date: 20 Sep 2017 Double D Trust Partnership Expiry Date: 01 Dec 2029 83 Lower Winks Road, RD 28, Hawera 4678 Review Dates: 01/06/2019, 01/06/2021, 01/06/2023, 01/06/2025, 01/06/2027 Activity Class: Controlled Location: 1700 Upper Palmer Road, Mahoe Application Purpose: Replace To discharge farm dairy effluent: • onto land and, after treatment in an oxidation pond system, into an unnamed tributary of the Mangatoki-iti Stream if the land disposal area is unsuitable for effluent disposal; and • until 1 June 2019 to discharge farm dairy effluent after treatment in an oxidation pond system, into an unnamed tributary of the Mangatoki-iti Stream

R2/10474-1.0 Commencement Date: 20 Sep 2017 Donald & Dalel Herbert Expiry Date: 01 Jun 2020 733 Mataro Road, RD 45, Urenui 4375 Review Dates: 01/06/2018 Activity Class: Controlled Location: 733 Mataro Road, Onaero Application Purpose: New To undertake vegetation disturbance activities and to discharge stormwater and sediment arising from soil disturbance activities associated with harvesting of forest, including roading and tracking onto land

24 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/2452-3.0 Commencement Date: 25 Sep 2017 Stratford District Council Expiry Date: 01 Jun 2034 Chief Executive, PO Box 320, Stratford 4352 Review Dates: 01/06/2019, 01/06/2022, 01/06/2025, 01/06/2028, 01/06/2031 Activity Class: Discretionary Location: Cardiff Road, Cardiff Application Purpose: Replace To dam water in the Konini Stream with a 1 metre concrete weir for the Stratford town water supply

R2/5353-2.0 Commencement Date: 25 Sep 2017 Stratford District Council Expiry Date: 01 Jun 2034 Chief Executive, PO Box 320, Stratford 4352 Review Dates: 01/06/2019, 01/06/2022, 01/06/2025, 01/06/2028, 01/06/2031 Activity Class: Discretionary Location: Cardiff Road, Cardiff Application Purpose: Replace To dam water in the Patea River with a 2.3 metre concrete weir for the Stratford town water supply

R2/10450-1.1 Commencement Date: 27 Sep 2017 Shell Exploration NZ Limited Expiry Date: 01 Jun 2033 Private Bag 2035, New Plymouth 4342 Review Dates: 01/06/2021, 01/06/2027 Activity Class: Discretionary Location: Coastal Marine Area, Tasman Sea, Application Purpose: New Pohokura To discharge heat and contaminants into land at depth in the coastal marine area, associated with the development, operation/production, maintenance and treatment of wells within the Pohokura Field

R2/10477-1.0 Commencement Date: 27 Sep 2017 Shell Exploration NZ Limited Expiry Date: 01 Jun 2033 Private Bag 2035, New Plymouth 4342 Review Dates: 01/06/2021, 01/06/2027 Activity Class: Discretionary Location: Coastal Marine Area, Tasman Sea, Application Purpose: New Pohokura To discharge natural gas into land at depth in the coastal marine area, for the purpose of storage or other hydrocarbon recovery operations

R2/10476-1.0 Commencement Date: 28 Sep 2017 Tess Johnston Expiry Date: 01 Jun 2032 5B Tawa Street, Inglewood 4330 Review Dates: 01/06/2020, 01/06/2026 Activity Class: Discretionary Location: 298 King Road, Inglewood Application Purpose: New To construct a new bridge over the Manganaeia Stream, including associated disturbance of the stream bed

25 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/10473-1.0 Commencement Date: 28 Sep 2017 Aviagen New Zealand Limited Expiry Date: 01 Jun 2036 PO Box 3395, Fitzroy, New Plymouth 4341 Review Dates: 01/06/2024, 01/06/2030 Activity Class: Controlled Location: Kaweora Road, Opunake Application Purpose: New To discharge washdown water from the cleaning of a poultry shed onto and into land

R2/4324-2.1 Commencement Date: 28 Sep 2017 Lance Trust Expiry Date: 01 Dec 2028 PO Box 1, Waverley 4544 Review Dates: 01/06/2022 Activity Class: Discretionary Location: 1703 State Highway 3, Waverley Application Purpose: Change To discharge farm dairy effluent onto land

Change of conditions to increase the herd size

R2/0489-2.3 Commencement Date: 29 Sep 2017 Trustpower Limited Expiry Date: 01 Jun 2040 Private Bag 12023, Tauranga 3143 Review Dates: 01/06/2022, 01/06/2028, 01/06/2034 Activity Class: Discretionary Location: Patea Hydroelectric Power Scheme, Application Purpose: Change Maben Road, Hurleyville, Patea To dam the Patea River (forming Lake Rotorangi) and divert water from Lake Rotorangi through the Scheme's intake structure, the service spillway, auxiliary spillway and emergency spillway, for hydro-electric power generation purposes

Change of conditions to reference a new flow monitoring site and increase the minimum flow requirement

R2/0491-2.1 Commencement Date: 29 Sep 2017 Trustpower Limited Expiry Date: 01 Jun 2040 Private Bag 12023, Tauranga 3143 Review Dates: 01/06/2022, 01/06/2028, 01/06/2034 Activity Class: Discretionary Location: Patea Hydroelectric Power Scheme, Application Purpose: Change Maben Road, Hurleyville, Patea To take and use water from Lake Rotorangi for hydro-electric power generation purposes

Change of conditions to reference a new flow monitoring site and increase the minimum flow requirement

26 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/7190-1.1 Commencement Date: 29 Sep 2017 Trustpower Limited Expiry Date: 01 Jun 2040 Private Bag 12023, Tauranga 3143 Review Dates: 01/06/2022, 01/06/2028, 01/06/2034 Activity Class: Discretionary Location: Patea Hydroelectric Power Scheme, Application Purpose: Change Maben Road, Hurleyville, Patea To discharge water from the Patea power house and the main service spillway to the Patea River for hydro-electric power generation purposes

Change of conditions to reference a new flow monitoring site and increase the minimum flow requirement

Doc# 1944291-v1

27 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Limited Notified authorisations issued by the Taranaki Regional Council between 18 Aug 2017 and 05 Oct 2017

R2/0195-3.0 Commencement Date: 16 Oct 2017 Stratford District Council Expiry Date: 01 Jun 2034 Chief Executive, PO Box 320, Stratford 4352 Review Dates: 01/06/2019, 01/06/2022, 01/06/2025, 01/06/2028, 01/06/2031 Activity Class: Discretionary Location: Cardiff Road, Cardiff Application Purpose: Replace To take and use water from the Patea River and the Konini Stream to provide a public water supply to Stratford

R2/5571-2.0 Commencement Date: 18 Oct 2017 Jimian Limited Expiry Date: 01 Jun 2025 2497 Skeet Road, RD 28, Hawera 4678 Review Dates: 01/06/2019, 01/06/2021, 01/06/2023 Activity Class: Discretionary Location: 204 Karahaki Road, Waverley Application Purpose: Replace To take water from the Kohi Stream for pasture irrigation purposes

Doc# 1944292-v1

28 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Applications in progress

Month Ending

July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Total R Total R Total R Total R Total R Total R Total R Total R Total R Total R Total R Total R

2017/2018 209 149 218 151 210 145

2016/2017 175 125 175 118 161 113 169 117 179 129 204 143 200 138 226 160 210 159 204 149 211 150 208 147

2015/2016 206 129 183 125 178 116 173 114 169 117 181 121 186 125 169 120 178 126 200 128 194 135 180 128

R = Renewals

Potential Hearings

Notification Applicant Description date Status Date Issued X 7 renewal applications for Whareroa plant Submissions Fonterra Ltd 30/01/2016 and outfall resolved To discharge through a marine outfall into Pre-hearing South Taranaki District Council 30/01/2016 the Tasman Sea - renewal process underway To take water from the Kohi Stream for Submissions Jimian Limited 22/03/2016 27/09/2017 pasture irrigation - renewal resolved

Doc# 1944286-v1

29 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Consents Issued (running totals)

July Aug Sept Oct Nov Dec Jan Feb Mar April May June 2017-2018 15 38 72

2016-2017 18 36 57 76 104 122 138 161 193 216 235 263

2015-2016 35 64 104 133 171 187 204 257 282 307 340 382

Breakdown of consents issued

New Renewal Change Review Totals 2015-2016 Total 156 124 92 10 382 2016-2017 Total 112 93 58 0 263 2017-2018 September YTD 27 18 22 5 72

Types of consents issued - year to date comparison y y y t t t i i i r r r l o m o m o m r r r a h h h t a a a t t t m m m r r r o s s s F F F u u u

a a a a a a Total Total T A y A y A y F F F

r G r G r G

l l l r r r d t t t y l y l y l a a a e e e n r & publically r & Limited r & Total Non- c u c u c u i i i h h h a l l l a i t a i t a i t r o o o o o o

L D P O O notified L D P O O Notified L D P O O notified G Publically Notified % Limited % Non Notified % July 2015 to June 2016 0 0 0 0 0 0.0% 0 2 2 0 0 7 3.2% 11 55 82 20 71 101 96.8% 329 340 July 2016 to June 2017 0 0 0 0 0 0.0% 0 0 0 0 2 7 3.4% 9 19 102 4 44 85 96.6% 254 263 July 2017 to Sept YTD 0 0 0 0 0 0.0% 0 1 1 0 0 0 2.8% 2 13 22 1 10 24 97.2% 70 72

Non notified number of parties consulted and written approval provided

Consultation/ Number of Involved Affected Party (number of Approvals parties) (written) Totals District Councils 0 0 0 DOC 0 4 4 Environmental/Recreational Groups 0 0 0 Fish & Game 4 4 8 Individuals/Neighbours/Landowners 3 7 10 Network Utilities 0 0 0 Non Govt Organisations 4 0 4 Other Govt Departments 0 0 0 Iwi/hapu 58 0 58 Totals - 2017-2018 September YTD 69 15 84

30 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Application processing time extensions used 2016-2017 versus 2017-2018

Consent type process

Last 10 year July 2016 2017-2018 average 2008 - to June YTD 2017 2017 August Total consents granted 395 263 72 Publically Notified 4 0 0 Limited-notified 12 9 2 Non-notified 380 254 70 Applications submitted on (in 9 5 2 opposition and to be heard) 7 5 2 Application Pre-hearing resolution (%) 77% 100% 100% Hearings (no. of applications) 1 (2) 0 (0) 0 (0) Appeals (no. of applications) 1 (1) 0 (0) 0 (0) Total current consents 4579 4932 4952

31 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Agenda Memorandum

Date 17 October 2017

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Report on five applications for notified consents – Fonterra Limited, Whareroa Site

Approved by: A D McLay, Director-Resource Management B G Chamberlain, Chief Executive

Document: 1944443

Purpose The purpose of this memorandum is to recommend that the Taranaki Regional Council approve five notified applications by Fonterra Limited (Fonterra) for the large dairy multiprocessing Whareroa Manufacturing site.

Recommendations That the Taranaki Regional Council:

1. receives the memorandum Report on five applications for notified consents – Fonterra Limited Whareroa Site 2. notes the long and extensive pre hearing process that has been undertaken to successfully resolve submissions on the applications 3. approves the consent applications by Fonterra Limited (consent numbers 0047-4.0, 1450-3.0, 4927-2.0, 5013-2.0 and 5148-2.0), in accordance with the recommendation in the officers’ reports.

Background Fonterra lodged renewal applications to replace 7 existing consents (consents 0047, 1450, 4508, 4927, 4977, 5013 and 5148 for ongoing operations at its large dairy multiprocessing Whareroa Manufacturing site. The consents applied for are detailed in the attached officers’ reports and set out below. As part of the application process consents for the outfall and coastal erosion protection structures (4977 & 5013) were combined into one coastal consent (5013-2), and the water takes from the Tawhiti and Tangahoe waterways (0047 & 4508) were also combined into one water permit (0047-4). The applications to discharge water treatment wastewater (4927-2.0, 5148-2.0) at each water abstraction site were not combined.

A summary of the consents applied for are set out below:

32 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Consent 0047-4: To take water from the Tawhiti Stream and the Tangahoe River for the purposes of processing and manufacturing dairy products, cleaning of plant, cooling, domestic use and for a co-generation plant;

Consent 4927-2.0: To discharge river silt and sand from mechanical pre-filtering of river water during abstraction of water, by returning it into the Tawhiti Stream;

Consent 5148-2.0: To discharge river silt and sand from mechanical pre-filtering of river water during abstraction of water, by returning it into the Tangahoe River;

Consent 01450-3.0: To discharge all wastewater from dairy factory processes and associated processes undertaken at the Whareroa dairy processing site through a marine outfall into the Tasman Sea; and

Consent 5013-2.0: To occupy the Coastal Marine Area with and carry out routine maintenance on:  a marine outfall pipeline and diffuser structure approximately 1845 metres long; and  a rock wall approximately 100 metres long for the protection of the outfall, stream diversion pipelines and associated structures.

The applications were publicly notified on 30 January 2016. Notice was served on 24 people and organisations. Four submissions were received on applications 1450 & 5013, and three submissions were received each on applications 4927, 5148 & 0047. All the submitters wished to be heard in support of their submissions.

A pre-hearing meeting for the applications was held on 21 April 2016. Before the meeting, and with the prior agreement of the parties, the Council had circulated a draft of conditions that could be included on any consent issued. These conditions were based on those offered in the application and provided a focus for the discussion. The meeting concluded with an agreement to amend the conditions based on the pre-hearing meeting discussion. After some further discussion and modification to the detail of the proposed conditions over a long period, agreement was finally reached and all submitters subsequently withdrew their right to be heard in October 2017.

Key features of the new consents are:  They were supported by a very comprehensive application and Assessment of Environmental Effects report which utilised some of the Council’s compliance monitoring data and information;  Approving the applications will be consistent with Council policy in the Regional Freshwater Plan and the Coastal Plan;  They resulted in a water abstraction reduction on the small Tawhiti Stream and an increase in the take from the larger Tangahoe River. The minimum flow below the take on the Tawhiti Stream was significantly increased;

33 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

 A requirement to undertake a water efficiency study that assesses the overall water use efficiency on site, identifies the best practicable options to improve water use efficiency and makes recommendations about its implementation;  A requirement to make a financial contribution for the purpose of mitigating the adverse environmental effects of the Tangahoe River take to be spent on environmental enhancement projects within the catchment;  The installation of a dissolved air flotation unit for high fat factories to reduce fat concentrations in the overall site coastal discharge by 1 June 2021;  A requirement to prepare a ‘Wastewater Management Best Practicable Option ‘ report which reviews the best practicable options in dairy wastewater management and how these might be applicable at the Whareroa site, and detailing any measures taken by the consent holder to improve or minimise the coastal wastewater discharge;  The development of a Tangata Whenua Involvement Plan to recognise Tangata Whenua’s kaitiaki responsibilities and to identify the process and extent of involvement of Te Runanga o Ngati Ruanui Trust and Te Korowai o Ngāruahine Trust in: monitoring; water use efficiency; wastewater management; environmental enhancement projects; monitoring; and the establishment of a Kaitiaki Group;  A requirement for comprehensive monitoring and reporting;  The maximum consent term (35 years) under Resource Management Act with regular opportunities for review, including to recognise changes in wastewater management and water use efficiency;  To recognise the consents allow the largest multiprocessing dairy site in the world to operate that processes 16 % of New Zealand’s dairy exports and has significant local, regional and national economic and social benefits. In 2014 payments to farmer shareholders were about $2.1 billion and the plant employs around 1,450 employees from throughout the region; and  To acknowledge the consents were granted with key stakeholder involvement in a long, extensive and successful prehearing process, which avoided the need for an expensive formal hearing and the potential for uncertainty for all concerned, and provided for appropriate future Tangata Whenua involvement in the consents.

The Consents and Regulatory Committee is now required to decide whether or not to grant the applications.

The Fonterra applications were prepared and notified with an application by South Taranaki District Council for the discharge of treated municipal wastewater from Hawera and Eltham. Submissions on this application have, at this point, not been able to be resolved and a hearing may be required later in the year or early in 2018.

Financial considerations—LTP/Annual plan This memorandum and the associated recommendations are consistent with the Council’s adopted Long-Term Plan and estimates. Any financial information included in this memorandum has been prepared in accordance with generally accepted accounting practice.

34 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments Document 1449637: Officers’ report for consents 1450-3.0 & 5013-2.0. Document 1408065: Officers’ report for consent 0047-4.0. Document 1491106: Officers’ report for consents 4927-2.0 & 5148-2.0.

35 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Memorandum

To Consents and Regulatory Committee From Fred McLay, Director Resource Management Emily Roberts, Scientific Officer - Marine Ecology File 14-01450-3.0 & 14-05013-2.0 Job Manager Emily Roberts, Scientific Officer - Marine Ecologist Document 1449637 Date 17 October 2017

Consent 01450-3.0: To discharge all wastewater from dairy factory processes and associated processes undertaken at the Whareroa dairy processing site through a marine outfall into the Tasman Sea

Consent 05013-2.0: To occupy the Coastal Marine Area with and carry out routine maintenance on:

∑ a marine outfall pipeline and diffuser structure approximately 1845 metres long; and ∑ a rock wall approximately 100 metres long for the protection of the outfall, stream diversion pipelines and associated structures.

Applicant Fonterra Limited Postal address PO Box 444, Hawera 4640 Site location Tasman Sea, Rifle Range Road, Hawera Grid reference(s) Between 1711371E-5612940N and 1710410E-5611381N (outfall) Between 1711294E-5612963N & 1711437E-5612906N (Rock work) Catchment Tasman Sea No: 900.000 Review date(s): June 2021 and/or June 2026 and/or June 2031 and/or June 2036 and/or June 2041 and/or June 2045 and/or June 2049 Expiry date 1 June 2052

1. Introduction 1. Beca Carter Hollings & Ferner Ltd (‘Beca’), on behalf of Fonterra Limited (‘Fonterra’), has lodged renewal applications for consents held for the following existing activities:

∑ to discharge dairy factory wastewater from the Whareroa Dairy Factory Complex and to temporarily discharge lactose solids from Fonterra Kapuni via a marine outfall into the Tasman Sea (1450-3);

36 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

∑ to maintain a marine outfall and diffuser structure of approximately 1845 metres length in the coastal marine area adjacent to the end of Rifle Range Road, Hawera (4977-2); and

∑ to maintain a rock wall 100 metres in length in the coastal marine area for the protection of outfall and stream diversion pipelines and associated structures (5013-2).

2. The description of activities associated with Consent 1450-3 is slightly altered while Consents for applications 5013-2 and 4977-2 are being combined into one (5013-2) such that the purposes now read:

∑ ‘to discharge all wastewater from dairy factory processes and associated processes undertaken at the Whareroa dairy processing site through a marine outfall into the Tasman Sea’; and

∑ ‘to occupy the Coastal Marine Area with and carry out routine maintenance on: o a marine outfall pipeline and diffuser structure approximately 1845 metres long; and o a rock wall approximately 100m long for the protection of the outfall, stream diversion pipelines and associated structures.’

3. The consents expired in June 2015 but in accordance with Section 124 of the Resource Management Act (RMA) Fonterra have continued to operate under the existing consents.

4. During the consenting process the Council has, on two occasions extended the statutory consenting timeframes for a significant period to allow Fonterra to engage with stakeholders, primarily Iwi. This included allowing time to enable Ngãruahine Iwi to prepare a Cultural Impact Assessment for the proposal.

5. Fonterra’s applications were comprehensive. The applications included an Assessment of Environmental Effects (AEE) report prepared by Becca in 2015 that sets out:

∑ the status of the applications under the relevant Regional Plan; ∑ a description of the environment; ∑ a description of the proposed activities; ∑ an assessment of environment effects and mitigation measures; and ∑ an assessment of the regulatory context.

6. The AEE also includes the technical reports listed in Table 1. The purpose of the technical reports is described in Section 2.4 of this report.

7. While these reports were considered comprehensive, the Taranaki Regional Council (Council) reviewed and provided feedback1 on the initial AEE in 2013. Fonterra has since addressed all of the issues in the revised AEEs and at the various meetings held with the interested/affected parties2.

1 Council Document Reference #1256519 2 Council Document Reference #1845076 2

37 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Table 1: Relevant technical reports supporting the applications Document number in AEE Reference Technical Report TRC Frodo filing system OCEL Consultants NZ Limited (January 2013). Report on Fonterra Appendix B 1439857 Whareroa Outfall Diving Inspection (Diving Inspection Report) National Institute of Water and Atmospheric Research Limited (September Appendix C 2012). Site Visit Report in preparation for a Quantitative Microbial Risk 1439859 Assessment (Quantitative Microbial Risk Assessment) National Institute of Water and Atmospheric Research Limited (May 2014). Fonterra Whareroa Dairy Factory and Hawera WWTP, Stage 2, QMRA Appendix D based on the combined discharge – Prepared for Fonterra Cooperative 1439860 Group Limited and South Taranaki District Council (Quantitative Microbial Risk Assessment – Stage 2) Cawthron Institute (November 2014). Whareroa Marine Outfall Ecological Appendix G 1439865 Investigation 2012 – Revised Report (Marine Outfall Ecological Report). Rob Greenaway and Associates (August 2013). Fonterra / South Taranaki District Council - Whareroa Coastal Outfall and Freshwater Discharges - Appendix H 1439867 Recreation and Tourism Assessment of Effects (Tourism Assessment Report) Brown, Copeland & Co Ltd (April 2014). Renewal of Resource Consents to Enable Continued Operations of Fonterra’s Whareroa Milk Processing Appendix I 1439869 Plant - Assessment of Economic Benefits (Economic Benefits Assessment Report) Cultural Impact Assessment, Te Runanga o Ngati Ruanui Trust (Ngati Appendix K 1439871 Ruanui CIA); eCoast Marine Consulting and Research Limited (September 2015). Te Korowai o Ngãruahine Trust: Cultural and Environmental Impact Statement Appendix M 1630459 In relation to Fonterra Whareroa Dairy Factory and Hawera WWTP Reconsenting, (Ngãruahine CIA).

8. The applications were publicly notified on 30th January 2016.

9. Pre- hearing meetings and other subsequent meetings were held between Fonterra, the submitters and facilitated by the Council.

10. Our assessment of these applications takes into account the information provided in the technical reports as described above and subsequent information provided to the Council in the course of processing the application. A detailed description of the applications is provided in Section 2 of this report.

11. The Council’s Scientific Officer – Marine Ecology is familiar with the site and has confirmed details of the site and the existing environment. She also provided an assessment on draft AEEs and raised matters that have been taken into account in the final application.

12. This report includes our assessment of the application under the RMA. It also includes our recommendations that the consent be issued for a duration of 35 years, subject to conditions. The recommendation has been developed, and agreed, in discussion with Fonterra and submitters and in accordance with the RMA and Council policy.

38 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

2. Background and consent history 13. The Fonterra Whareroa Site and local setting is shown in Figure 1. The site was established in 1972 on a site of approximately 25 ha, and is one of the largest single site dairy factories worldwide. It processes up to 14.1 million litres of milk per day from a collection area covering primarily Taranaki, although some milk also arrives at the plant via rail from other lower North Island regions (Manawatu, Wairarapa and Hawkes Bay). The factory now produces the largest volume of dairy products from a single plant anywhere in the world.

14. The main factory site covers around 32 ha and consists of five milk powder driers manufacturing instant whole milk, skim milk and buttermilk powders, two cheese plants, a casein plant, a butter plant and a whey plant. The factory also includes a water treatment plant, laboratory, milk tanker depot, stormwater collection sumps, cogeneration plant, laboratory, rail siding and product storage.

15. The site currently produces annually approximately 191,000 tonnes of milk powder; 89,000 tonnes of cheese; 97,000 tonnes of butter; 44,000 tonnes of protein products and 10,000 tonnes of lactic casein. These products are approximately 12%; 35%; 21%; 38% and 19% respectively, of Fonterra’s national production.

16. The factory operates from July to May, with a two month non-operation period when individual processing plants are shut down, thoroughly cleaned, and necessary maintenance is carried out.

17. In 2014 payments to farmer shareholders were about $2.1 billion. The plant employs around 1,450 employees from throughout the region, pays $75.6 million dollars in wages and salaries and in addition spends an estimated $18.4 million per annum on goods and services provided by businesses in the Taranaki regional economy. The bulk of this expenditure, $11.7 million per annum, is spent within the local South Taranaki District economy.

18. Hence the Whareroa dairy processing site is a significant part of New Zealand’s dairy exports and of the Taranaki economy.

39 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Figure 1: Site location and setting for the Whareroa Dairy factory and STDC Hawera WWTP (both highlighted in yellow)

40 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

2.1 The Wastewater Discharge 19. As a result of the manufacturing process, water is used and wastewater is produced. Wastewater produced as a result of the milk processing is not treated but piped to be discharged into the coastal marine area via a long outfall. Domestic sewerage, generated on site, is piped to the South Taranaki District Council (STDC) Hawera Waste Water Treatment Plant.

20. STDC also discharges through the outfall and the renewal of their application is addressed in a separate report. However, the combined environmental effect of the two discharges is considered in this report.

21. Prior to June 1997, Kiwi Co operative Dairies discharged wastewater via a short outfall and unnamed coastal stream over a cliff and into the intertidal marine area, which caused significant adverse effect on marine intertidal ecology for up to 1 km southeast (Figure 3). In 1995, consent was granted for the installation of a longer outfall in the coastal marine area (Figure 2).

Figure 2: Discharge from the Kiwi Dairies Co operative Ltd Whareroa dairy factory though the short outfall about 1989

22. Fonterra discharges about 7.6 million m3 of wastewater annually via the outfall to the Tasman Sea. Much of this water is that taken from nearby streams for processing purposes.

23. Fonterra has implemented a number of process improvements at the manufacturing site over the years which have led to a 31% reduction in fat lost to wastewater between 2011 and 2013. Fonterra states that there have been no incidents or public complaints of fat

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spillage on local beaches in recent years. This is supported by Council monitoring results and the lack of public complaints.

24. The overall quality of the discharge is characterised by waste derived from the cleaning processes within each of the factories. As such the waste includes cleaning chemicals, minimal amounts of fat and protein and hot water. Contaminated storm water, including any particulate from the powder plants, is also pumped to the outfall.

25. Wastewater discharges from each of the Whareroa factory processing plants are monitored in separate flumes. There are 35 flumes in total.

26. The overall combined wastewater flow from the site is monitored in the outfall sump, immediately prior to the wastewater being pumped into the pipeline to the mixing chamber. (Figure 3).

Fonterra discharge sampled from within the sump

Figure 3: Schematic of contributors and pipeline for ocean outfall discharges..

27. Wastewater flow is measured at each flume location, and wastewater samplers are installed on all flumes except for three flumes that monitor areas where there are no product losses (e.g. condensate). Five of the site flumes use time proportional sampling, collecting a sample every 5 minutes. The remaining flumes use flow proportional sampling ranging from a sample every 0.09 m³ to a sample every 4.5 m³.

28. Peristaltic pumps are used to collect the wastewater samples, collecting 30 – 50 mL of sample each time in 20 L containers. The contents of the containers are analysed daily for a range of parameters, including fat content as a percentage of daily volume.

29. Analysers are also installed in all of the flumes in the plants that experience product losses. Eight of these flumes have alarms to alert operators to high turbidity flows, which are likely to be attributed to plant product spillage or malfunctioning equipment. The alarms were fitted to these eight flumes as they have the highest risk of spillage or potential impact of spills.

30. Early intervention by operators in these circumstances minimises product losses and the discharge of high solids waste in the wastewater. Two of the turbidity instruments also

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have an automatic washing system. Turbidity meters are not suitable for all drains. For example, whey or lactose losses may not be detected by the meters, so a different instrument or technology would need to be used. Fonterra plans to install alarms on most of the remaining meters over the next two seasons.

31. Monitoring of wastewater on a 24 hour time-proportional composite basis occurs at the main sump for temperature, pH, discharge volume, total suspended solids (TSS), chemical oxygen demand (COD) and fats. Monthly grab sampling at the sump is also carried out by the TRC for analysis of faecal coliforms, enterococci and E. coli, total grease (fat), TSS, COD, conductivity and pH. Fonterra also collects 24 hour time- composite samples at the main sump for physico-chemical and faecal indicator analysis. Such bacteria can be found in dairy factory wastewater in the absence of human wastes. Additional wastewater sampling was also carried out as part of the current study to assess the microbiological quality, and is described in the following sections.

Average Wastewater Flow and Quality 32. The average daily wastewater flow and quality characteristics over the 2016-17 dairy season (based on wastewater sampled at the site outfall sump) have been taken from the annual monitoring report. The average flow in 2016/2017 was 20,996 m³/day, which is just over 52% of the consented maximum daily volume for the Whareroa Site. Summary wastewater quality data, based on 24 hour time-proportioned composite samples, are presented below::

∑ Chemical oxygen demand (COD): mean 2,397 g/m³ , maximum 4,075 g/m³ ∑ Fat: mean 223 mg/L, maximum 600 mg/L ∑ pH (from monthly grab samples): mean 9.98, maximum 11.78, minimum 6.72 ∑ Suspended solids: mean 262 mg/L, maximum 540 mg/L.

33. The daily volume of wastewater discharged from the Whareroa site varies seasonally. In 2016-2017, the daily volume discharged ranged from a minimum of 1,438 m3 on 15 June 2017 to a maximum of 31,399 m3 on 2 February 2017.

2.2 The Wastewater Outfall 34. The existing outfall is 1845 m and includes a 200 m end diffuser section. It has a design capacity of 52,400 m3/day and discharges wastewater at depths of approximately 12.5 m at high tide. It also receives wastewater from the STDC Waste Water Treatment plant (Figures 2 and 3).

35. The pipeline was constructed by trenching through the wave cut platform with 1 m of beach stone cover. The remainder of the pipeline and diffuser section was laid on the natural seabed with concrete weight blocks at 3 m centres and pin piles at 24 m centres.

36. The outfall pipeline to the diffuser has an internal diameter of 424 mm (500 mm outside diameter). The velocity in the pipe is 2.1 m/s with a wastewater flow of 26,000 m³/day and 3.1 m/s at a flow rate of 40,000 m³/day (excluding the STDC flow). The calculated wastewater flow at 50,000 m³/day is in the order of 4.1 m/s (NZMP, 2002).

37. The diffuser has a larger internal diameter of 535 mm (630 mm outside diameter). The diffuser has 38 ports (Figure 6) placed at 5 m intervals and has been designed to maximise the initial dilution of wastewater discharged to the receiving water.

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Progressing from ports nearest the shoreline to those furthest away, the as-built port diameters are: ∑ 15 ports nearest the shoreline: 100 mm diameter; ∑ Next 8 ports: 90 mm diameter; ∑ Next 8 ports: 80 mm diameter; and ∑ 7 ports furthest from the shoreline: 70 mm diameter.

A schematic diagram showing the initial dilution from the diffuser is shown in Figure 7.

2.3 The rock wall protection 38. A 150 m rock wall was constructed at the landward end of the outfall pipeline to protect the outfall structure from erosion. It extends either side of the pipe and outwards approximately 5 m from the cliff (Figure 4).

Figure 4: Approximate location of the marine outfall (red) and the coastal rock work ( highlighted yellow) protection structures

2.4 Technical Reports 39. Fonterra commissioned and provided a number of technical reports described in Table 1 of this report.

40. The purposes of these reports are summarised below.

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41. The Diving Inspection Report (DIR) is based on an underwater inspection of the outfall by 4 divers. A hand-held diver video camera was used during the inspection to record details and status of the outfall components. The scope of inspection is detailed in Section 2. 0 of the report and encompasses a general inspection of the pipeline integrity. The inspection shows that the outfall continues to function as designed. However, several urgent areas of remedial works to maintain pipeline integrity were recommended and have been undertaken.

42. NIWA undertook a Quantitative Microbial Risk Assessment and produced two reports (QMRA-1 and QMRA-2). A QMRA is a means of quantifying and comparing human health risks arising from the discharge of wastewater, by using ‘dose-response’, as opposed to an indicator, and ‘water users’ exposure’ to estimate the expected number of infection or illness. While this assessment was for the combined discharge of Fonterra and STDC it principally relates to STDC Hawera WWTP application given this contains most of the microbiological contaminants.

43. The Marine Outfall Ecological Report (MOER) reviewed the flows and loads of wastewater discharging into the marine environment via the outfall; provided an overview of the receiving environment and reviewed previous studies for background information. Field studies were conducted to assess values potentially affected by wastewater namely water quality; subtidal seabed ecology and sediment quality and intertidal ecology. The report concludes that the key issues identified to cause adverse effects and a breach regional/national criteria were largely impaired by either the quality of the wastewater or the high-energy dispersive nature of the immediate receiving environment. The report therefore recommended that the focus should be placed on ensuring that the quality of the discharge is maintained or improved, rather than monitoring of the receiving environment. It also recommended keeping up-to-date with the development of future strategies and policy activities in association with emerging organic contaminants (EOCs) loads i.e. contaminants that are not commonly monitored but have the potential to enter the environment and cause adverse ecological effects.

44. The Tourism and Recreational Assessment Report (TAR) considered the effects of the combined discharge from the Whareroa wastewater and the Hawera municipal wastewater on the recreation and tourism values of the relevant freshwater bodies and the Coastal Marine Area (CMA). In order to undertake the coastal marine area assessment a 10 km radius from the diffuser was used to illustrate potential microbial contamination (Figure 5). Recent studies identify the risks of microbial contamination from the outfall as negligible, minimal or masked by other dominant contaminants. Most recreation activities are undertaken by locals and by recreational craft launched from Patea and Ohawe. Camping activities also attract a number of international visitors. Figure 5 shows the recreational activities undertaken in the area potentially affected by the discharges. The report shows that the discharge from the Whareroa outfall does not appear to be depressing recreation or tourism activity in the area of interest.

45. The Economic Benefits Assessment Report (EBAR) provides a description of the regional and district economic impact of Whareroa plant. The report concludes that the continued operation of the Whareroa plant will maintain economic wellbeing of people and communities within the South Taranaki District and the Taranaki region as a whole. 46. The Ngati Ruanui Cultural Impact Assessment (NR-CIA) report sets out tangata whenua values associated with the activities of the Fonterra Whareroa and STDC activities under the RMA, particularly, with respect to the combined discharge of dairy and municipal

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waste to the Tasman Sea. The report also identifies wahi tapu and significant sites situated in close proximity of the marine outfall.

47. The Ngãruahine Cultural Impact Assessment (N-CIA) reports the significance of the Tasman Sea and associated land environment to Ngãruahine, its cultural practices and beliefs. It addresses the development of solutions and activities that avoid, remedy and mitigate tangata whenua concerns and provide a foundation of knowledge that can aid the future relationship and engagements between the parties.

48. The report provides a review of both the ecological and cultural elements within the Ngãruahine rohe and the wider district and assesses the proposed activities, including the coastal discharge. It concludes that many of the proposed activities, if granted, will continue to negatively impinge on numerous cultural values of Ngãruahine, and notes that over the last 40 years, Ngãruahine values have been disregarded in terms of the various coastal polluting activities. Ngãruahine listed a number of concerns that they consider are due to be addressed by Fonterra and STDC.

49. The two iwi have interests in the area impacted by the discharges and it is not for the Council, through this consent process, to make determinations about who has manuwhenua for the coast.

2.5 Consent History 50. The consent history for the wastewater discharge, outfall structure and coastal protection wall is shown in Table 2. There is a long history associated with the growth and centralisation of the dairy processing plant at the Whareroa site and the inclusion of local treated municipal waste in a long joint outfall.

Table 2: Summary and history of Fonterra applications considered in this report Originally Consent History Expiry date granted ∑ 1985- notified; hearing; volume 12,000 cubic metres/day; install outfall to extreme low water mark by 1 June 1988 ( later changed to 31 October 1988). Reduction in quantity of whey by 1993. ∑ 1992- notified; no hearing; volume 19,000 cubic metres/day Wastewater (due to Moa Nui Ltd merger). Wastewater management 1985 Discharge investigation required. 2015 (1450) ∑ 1995 – notified renewal; hearing; volume 26,000 metres/day to allow expansion. Casein whey processing instituted. ∑ 2002- notified; hearing; increase to 40,000 metres/day to allow for growth. Consent granted in 2006. ∑ 2007 – non notified; changed to allow temporary discharge of lactose solids ∑ Notified and no submissions received ( construction activity Long Outfall 1996 consents non notified with affected party approvals) 2015 (4977) ∑ Outfall construction completed in 1997 ∑ Non-notified with affected party approvals Protection wall 1996 2015 (5013)

51. The STDC application to discharge up to 12,000 cubic metres/day (7 day average) of treated municipal and industrial wastewater through the outfall was granted in 1998 after a hearing. This consent expired in 2015 and is the subject of a separate report.

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3. Compliance History 52. The Council prepares a compliance monitoring report assessing the environmental performance and environmental effects of the activities carried out by the holder. The reports are presented to the Consents and Regulatory Committee and the community.

3.1 Council’s Annual Monitoring Programme 2007 to 2017 53. According to the Annual Monitoring Reports for the Whareroa Manufacturing site for the ten year period from 2007/2008 to 2016/2017, the conditions of the coastal discharge consent were largely complied with. In seven of the ten years the number of consent breaches did not exceed one per year. In the 2008-2009 year there were eight breaches (three suspended solids and two fat), in the 2014-2015 there were four suspended solids breaches and in 2015-2016 year there were fourteen breaches (twelve suspended solid beaches and two fat). The suspended solids breaches that occurred in winter 2015 were associated with heavy rainfall events resulting in extensive erosion in the catchments from which the factory sources its water.

54. A spill at the Whareroa site, on 26 November 2005, resulted in cream being discharged to the outfall and then being intermittently deposited as globules along the coast to Ohawe. Fonterra immediately cleaned the beaches. There was concern expressed by Iwi along the coast about the spill and ongoing effects of Fonterra outfall discharges on the coastal environment. A prosecution was undertaken and Fonterra pleaded guilty and were fined $25,000 plus costs. No such shoreline effects have been observed since this enforcement action.

55. An infringement notice was issued in relation to a cream spill at the Whareroa site on 3 June 2016 resulting in a breach of the consent limit for fat. Observations of the coastline undertaken by Council and Fonterra staff did not find any adverse effects.

56. Since 2009/2010, Fonterra has generally demonstrated a ‘high’3 or ‘good’4 level of environmental performance and compliance with its coastal consents. In the 2015-2016 year Fonterra received an ‘improvement required’5 level of environmental performance for the costal discharge permit in relation to an infringement notice associated with a cream spill. The monitoring reports note that generally, where there were breaches, no adverse effects occurred on the intertidal reefs as a result of the Fonterra discharge.

57. In order to assess the effects of the Fonterra Whareroa and Hawera Waste Water Treatment Plant outfall discharge on the nearby intertidal communities, annual ecological surveys were conducted at four sites during summer. These surveys included

3 Indicates that there were no or inconsequential (short-term duration, less than minor in severity) breaches of consent resulting from the activity with no adverse effects of significance noted or likely in the receiving environment. 4 Indicates that the adverse environmental effects of activities during the monitoring period were negligible or minor at most, or the Council did not record verified unauthorised incidents involving significant environmental impacts and was not obliged to issue any abatement notices or infringement notices, or there were perhaps some items noted on inspection notices for attention but these items were not urgent nor critical, and follow-up inspections showed that they have been dealt with, and any inconsequential non-compliances and conditions were resolved positively, co-operatively and quickly. 5 Indicates that likely or actual adverse effects of activities on the receiving environment were more than minor, but not substantial. There were some issues noted during monitoring, from self reports, or in response to unauthorised incident reports. 12

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three potential impact sites either side of the outfall (two southeast and one west) and one control sites to the northwest. It was expected that any adverse effects of the marine outfall discharge on the intertidal communities would have been evident as a significant decline in species richness and diversity at the potential impact sites relative to the control site.

58. In summary, monitoring data show the outfall discharges do not have a detectable adverse effect on the intertidal reef communities of South Taranaki. Natural environmental factors, including coastal erosion, exposure and substrate mobility, appeared to be dominant drivers of species richness and diversity at the sites surveyed.

59. The environmental effect of the discharge is a stark contrast to the 1970s when there was no outfall and then later a short outfall (Table 2 and Figure 2).

60. According to the annual Monitoring Report, the outfall and coastal erosion protection structures do not appear to be having an adverse effect on the environment. The diving surveys on the outfall structure show a diverse ecological community on the structure in an otherwise low diversity sandy environment.

3.2 Fonterra Assessment Reports 61. Fonterra has commissioned regular inspection and maintenance of the long outfall since its construction in 1997. The OCEL( 2013) report notes that the outfall is functioning as designed, however, on-going maintenance is a priority. Other details of the findings of are provided in Section 3 of the AEE and provided below:

∑ ‘The pipeline was exposed above the seabed approximately 700m inshore from the end of the diffuser section; ∑ All the diffuser ports were open and discharging freely and that the sediment build-up had no apparent detrimental effect on diffuser performance; ∑ There was no evidence of anaerobic seabed conditions, with the divers noting that the diffuser is located in a vigorous wave action site with regular movement of seabed sediment; ∑ There was little tubeworm growth along the diffuser section but tubeworm (Sabelleria kaiparensis) growth was prolific inshore of the diffuser. This represents a significant area for wave drag with increased loads to the structure; ∑ A number of the concrete weight blocks (approximately 30 out of the 255 examined) had little or no support from the seabed; ∑ The effectiveness of the cathodic protection system on straps holding the concrete blocks and pipeline together needed confirmation’.

62. Outfall remedial work was completed in 1997and it is important to have a requirement in the consent for regular pipeline integrity monitoring to ensure the structure remains in place and operational in a high energy environment.

63. The expected performance of the outfall diffuser (as determined by assessing initial dilution) was modelled by Consulting Environmental Engineers (CEE) and reported in NZMP (2002). Initial dilution occurs in the immediate vicinity of the outfall diffuser due to buoyancy and shear forces on the jets emanating from each diffuser port, as the lighter freshwater-based wastewater rises towards the surface and mixes with the adjacent marine waters. The initial dilution process is illustrated in Figure 7 and Figure 8 shows the discharge from a diffuser port near the end of the Whareroa outfall. The two figures

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demonstrate the immediate dilution effects and rising nature of the plume. Figure 9 shows the plume at the surface and how mixing zone compliance is measured.

Figure 7: Side view of initial dilution process after discharge from an outfall

Figure 8: Discharge through a port on the Whareroa outfall diffuser

49 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Figure 9: Mixing zone (white) as viewed through the monitoring frame

64. Subsequent dispersion and mixing includes physical mixing processes that contribute to the further dilution of the plume after the initial-dilution phase.

Wastewater Flows and Quality Overview 65. Wastewater discharges from each of the Whareroa factory processing plants are monitored in separate flumes. There are 35 flumes in total. The overall combined wastewater flow from the site outfall sump is monitored in the main sump, just prior to the pumps. Wastewater flow is measured at each flume location, and wastewater samplers are installed on all flumes except for three flumes that monitor areas where there are no product losses (e.g. condensate). Various sampling methods are used depending upon the waste type.

66. Turbidity analysers are also installed in all of the flumes in the plants that experience product losses. Eight of these flumes have alarms to alert operators to high turbidity flows, which are likely to be attributed to plant spillage or malfunctioning equipment. The alarms were fitted to these eight flumes as they have the highest risk of spillage or potential impact of spills. Early intervention by operators in these circumstances minimises product losses and the discharge of high solids waste in the wastewater. Fonterra has installed alarm systems on most meters.

67. Monitoring of wastewater on a 24 hour time-proportional composite basis occurs at the main sump for temperature, pH, discharge volume, total suspended solids (TSS), chemical oxygen demand (COD) and fats. Monthly grab sampling at the sump is also carried out by the TRC for analysis of faecal coliforms, enterococci and E. coli, total grease (fat), TSS, COD, conductivity and pH. Fonterra also collects 24 hour time- composite samples at the main sump for physico-chemical and faecal indicator analysis. Additional wastewater sampling was also carried out as part of the current study to assess the microbiological quality, and is described in the following sections.

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68. The major chemical uses at the Whareroa site are associated with the process plant cleaning and water treatment. These chemicals include caustic fluids, acids, sanitizers, coagulants, flocculants and oxidisers.

4. Application Detail 69. Fonterra is seeking to renew consents for the continued: ∑ discharge of wastewater into the CMA; and ∑ occupation of the CMA with the existing outfall and rock protection structures.

70. Fonterra requested a consent duration of 35 years.

71. The application details are discussed in Sections 4.1 and 4.2 below.

4.1 Wastewater discharge (1450-3.0) 72. Fonterra can under the consent can discharge up to 40,000 m3/day of dairy factory wastewater and lactose solids via the outfall into the coastal marine area of the Tasman Sea approximately 1.8 km from the south Taranaki coastal cliffs. For the purpose of this report, all these discharges will be commonly referred to as ‘wastewater’.

73. In combination with the STDC, a total volume of 52,000 m3/day of wastewater can be discharged into the Tasman Sea via the outfall.

74. The discharge of lactose through the marine outfall is no longer required, as it was granted as a one-off activity.

4.2 Occupation of marine outfall and rock wall coastal structures (5013-2) 75. Fonterra is seeking the continued occupation of the existing marine outfall and rock wall structure in the costal marine area.

76. The approximate locations of these structures are shown in Figure 4.

77. The marine outfall structure is approximately 1845 m long and extends from the base of the coastal cliff into the Tasman Sea.

78. The rock wall is approximately 150 m long along the cliff face.

5. Existing Environment 79. The Fonterra Whareroa Site covers an area of approximately32 ha and is located approximately 2.4 km to the east of Hawera. To the south west is the STDC wastewater treatment plant which is located approximately 2 km from Hawera, the Hawera golf club is located to the south of the WWTP.

80. The surrounding land use is predominantly dairy farms with generally flat topography.

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81. The wastewater outfall structure and rock wall protection around it are located within the Coastal Marine Area (CMA) C.

82. The AEE, in Section 2.5, describes the coastal marine environment in the vicinity of the application and discharge sites. This information is not repeated and the area is well known to the Council from compliance monitoring and resource investigation activities over the years.

83. The coastal marine areas prone to effects from the combined discharge as assessed in the technical reports encompasses the CMA between Ohawe and Mangaroa Stream (near Kakaramea), and includes the Ohawe Beach, Waihi beach, Tangahoe River Mouth; the Manawapou River Mouth, Waingongoro River Mouth, and the Four Mile Beach (Figure 5).

84. Appendix 1A of the Regional Fresh Water Plan for Taranaki (RFWP) lists a number of rivers and stream catchments with high natural, ecological and amenity values. The Tangahoe and Manawapou rivers were valued for white baiting. The Waingongoro River estuary and adjoining beach were highly valued for recreational uses. This is consistent with the results of the recreational assessment undertaken by the applicant and summarised in Figure 6.

85. The area is important to Ngati Ruanui iwi who are tangata whenua for the coastal marine area. It is also acknowledged that Ngāruahine have a cultural interest in the area.

86. The intertidal shoreline along the South Taranaki coastline consists of mainly hard boulders, cobbles and pebbles eroded out of the cliffs. Boulder beaches are interspersed with medium-fine black sand of volcanic origin brought to the coast by rivers draining volcanoes.

87. There are 5 reefs recorded between Hawera and Tangahoe, in close proximity to the marine outfall. The AEE states that while these reefs are small, the shallow Pukeroa and Koutu reefs, which are formed from more resistant papa and shell rock, cover several hectares (Figure 5). Koutu Reef is about 0.5 km south east of Pukeroa Reef. A broad continental shelf extends out to about 60 km in this zone and the seabed transitions from approximately 140 m to 500 m deep over a relatively short distance.

88. The density distribution in the ambient receiving water body is important for the correct prediction of wastewater discharged plume behaviour. The density properties of sea water are a function of temperature, salinity (total dissolved solids) and pressure. Further details are provided in section 2.5.2 of the AEE.

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Figure 5: Key local features and contact recreation and shellfish gathering sites near the outfall (from AEE Appendix D, page 33)

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6. Regional Coastal Plan for Taranaki 89. The Regional Coastal Plan for Taranaki (RCP) details Taranaki Regional Council objectives, policies and rules in relation to management of the coastal marine area. The RCP has been operative since 1997 and is currently under review.

90. The works are located within the Coastal Management Area C (Open Coast) of the Plan.

6.1 Wastewater discharge (1450-3) 91. The application is a discretionary activity under Rule C2.7 of the RCP, as there is not a permitted activity rule for the discharges associated with this application.

6.2 Maintenance of coastal structures (5013-2) 92. The application for the continued occupation of the coastal marine area with the existing marine outfall and rock wall is a discretionary activity under Rule G1.3 of the RCP, as there is not a permitted activity rule for the activities associated with this application.

7. Consultation

7.1 Consultation Strategy 93. The application states that Fonterra has implemented a comprehensive consultation strategy as an important component of the consenting project. The consultation with interested parties, which began in March 2012 and has continued up until the lodgement of the applications, has: ∑ assisted in identifying the potential effects on the environment; ∑ enabled the avoidance of some potential effects on the environment; and ∑ assisted in the development of mitigation measures.

94. The consultation objectives were to: ∑ inform all interested parties of the proposal; ∑ create opportunities for discussion, allowing for better understanding of interested parties’ views; ∑ enable the community to develop informed views, decisions and responses; ∑ assist the refinement of the final proposal submitted for resource consent; and ∑ ensure ongoing open opportunities for communication.

95. All interested parties were provided with draft copies of the AEE and technical reports, to enable all parties to contribute in a timely way during the feedback and discussion process. The feedback has been used to shape the technical investigations and AEE, thereby addressing all the concerns raised by all parties.

96. The consultation is summarised in Table 3.

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Table 3: Key stakeholder consultation undertaken for the Fonterra applications Stakeholder Groups Constituents Key Stakeholders ∑ Fish and Game NZ ∑ Department of Conservation ∑ Taranaki District Health Board ∑ Previous submitters ∑ Will Edwards (Edwards whanau) Iwi ∑ Ngati Ruanui Iwi ∑ Nga Ruahine Iwi (Okaku Inuawai and Kanihi Umutahi hapu) Interest Groups ∑ Fishing and boating clubs ∑ Commercial fishing interests ∑ Surfing community Neighbours

Wider Community

97. Fonterra continued consultation during the consenting period, including via the pre- hearing process, and undertakes to continue throughout the ongoing operation of the activities at the site.

98. Section 7 and Tables 7.2 and 7.3 of the AEE provide a summary of the consultation undertaken and the issues raised by the parties.

7.2 Statutory Acknowledgement Areas 99. The coastal marine area of Te Moananui A Kupe is a statutory acknowledgment area of Ngati Ruanui. As such the Crown acknowledges the statement by Ngati Ruanui of the cultural, spiritual, historical, and traditional association of Ngati Ruanui with the Te Moananui A Kupe:

The resources found within Te Moananui A Kupe have, since time immemorial, provided the people of Ngati Ruanui with a constant supply of food resources. The hidden reefs provided koura, paua, kina, pupu, papaka, pipi, tuatua, and many other species of reef inhabitants. Hapuka, moki, kanae, mako, and patiki swim freely between the many reefs that can be found stretching out into the spiritual waters of Te Moananui A Kupe and along the Ngati Ruanui coastline.

Names such as Rangatapu, Ohawe, Tokotoko, Waihi, Waokena, Tangahoe, Manawapou, Taumaha, Manutahi, Pipiri, Kaikura, Whitikau, Kenepuru, Te Pou a Turi, Rangitawhi, and Whenuakura depict the whereabouts of either a fishing ground or fishing reef.

All along the shoreline from Rangatapu to Whenuakura food can be gathered, depending on the tides, weather, and time of year.

Tragedies of the sea are also linked to these reefs. Ngati Ruanui oral history records the sinking off Tangahoe of a Chinese trade ship that had just been loaded with a cargo of flax. When the bodies were recovered and brought to shore, none of them had any eyes.

The people of Ngati Hine believe that they did something wrong and in turn were punished by the Ngati Ruanui taniwha named Toi, kaitiaki (guardian) of the fishing reefs and grounds, who is renowned to this day to eat the eyes of his victims.

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100. The coastal marine area is also a statutory acknowledgment area of Ngãruahine. As such the Crown acknowledges the statement by Ngãruahine of the cultural, spiritual, historical, and traditional association of Ngãruahine with the environment. An example of this is for the Okahu-Inuawai Hapu set out below. In each Hapu’s statement of association there is a reference to Tangaroa and the moana as noted below:

The tuturu takiwa of the Okahu-Inuawai hapū extends, "from seaward on the eastern mouth of the Waingongoro awa to the Maunga, thence turning following the western side of the Wairere Stream back to seaward, Tawhiti-nui, Hawaiki-nui, Tawhiti-roa, Hawaiki-roa, Tawhiti-pamamao, Hawaiki-pamamao. The hapū claim that their whanaungatanga takiwa begins "from the mouth of the Waihi Stream of Ngati Ruanui Iwi in the east, and extends to the mouth of the Inaha Stream of Ngati Manuhiakai in the west, back to seaward".

According to tribal history, the people of Okahu are the descendants of the tangata whenua tribes who arrived at Te Rangatapu aboard the waka Te Rangiuamutu, captained by Tamatea-Rokai. The tangata whenua tribes were known as Kahui-maunga, Kahui toka, Kahui-rere, Te Kahui Tuu, Maru-iwi and Te Tini-o-tai-tawaro, Te Kahui-Ruu and Te Kahui Tawake.

This hapū also claims ancestry from the Aotea Utanganui waka which was captained by Turi-te-Ariki-nui. During the fourteenth century, Turi, with his wife Rongorongo and their people, travelled south along the coast naming many places as they went including the Waingongoro River.

The relationship between the Okahu and Kanihi hapū is very strong, not only because of their physical proximity to one another, but because of their shared ancestry. Hinekoropanga the tupuna of the hapū was an important kuia not only to her hapū but she played a significant role within the tribe of Ngāruahine. Her brother was Puawhato a warrior chief and tupuna of the Kanihi-Umutahi people. Both sister and brother resided on the Waingongoro River, their Pa being adjacent to one and other. Okahutiti, which became an important Pa during the intertribal skirmishes with the Ngapuhi tribe, was the stronghold of Hinekoropanga and her people. The hapū have historically resided on the western and eastern banks of the Waingongoro River. Although they choose to identify their hapū with the name 'Okahu' they are also referred to as the Inuawai people.

Ko Te Rangatapu te Takutaimoana Ko Te Rangatapu me Te Kawau nga Tauranga Waka Ko Waingongoro te Awa Ko Okahu me Inuawai nga Whenua Ko Okahu te tangata

Several lores abound relating to Tamawhero another well known chief of this hapū. His reputation of being a person steeped in knowledge was unrivalled. One such lore relates to a taua of Nga Puhi who were making their way down the west coast of the north island with the intent to take the lands of Taranaki and in particular the Waimate Plains. Nga Puhi had heard about Tamawhero and were known to have said, "if we cannot match him in knowledge, we will defeat him in battle". The taua set about making plans to cross the Plains and in so doing taking the various Pa that stood in their way, first attacking Waimate Pa while the men were all away at a fishing expedition. Once defeated they set forth for Okahutiti. The tupuna kuia of Okahu hapū Hinekoropanga, was married to a chief of one of the neighbouring Pa that had been attacked. She was able to escape and

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warn the men at sea and her people of Okahutiti. A taua was formed using the menfolk of neighbouring Ngāruahine Pa, and together they defeated the Nga Puhi at Okahutiti. The name given to this battle was, Huru-pari, "the turning of the cliff".

According to traditional lore, another significant event relating to Tamawhero was the chiefs discovery of Aniwaniwa, a descendant of Takarangi and Rau-mahora. Tamawhero found Aniwaniwa, as a baby, lying in a harakeke bush. He was wrapped in a topuni, a dogskin cloak, which signified his high rank. The baby was adopted by Tamawhero and raised alongside his biological son Tonga Awhikau. Aniwanwa married Tawhirikura and a son of this marriage was the second to bear the name Te Whiti. This second Te Whiti married Whakairi and their son was named Tohu-kakahi who in turn married Rangi- kawau and their son, the third to bear the name Te Whiti, became the prophet of Parihaka.

The awa that are located within the Okahu takiwa have great spiritual importance, they are, "the blood and veins of the takutaimoana, each of them with a story to tell." The wai that flows through these awa symbolises the link between the past and the present. Each awa has its own mauri and wairua which connect the hapū with the river and the spiritual world. They are significant taonga with each providing both physical and spiritual sustenance.

The domain of Tangaroa extends from the source of these awa "te piki ake o Maunga Taranaki" to the moana. Each awa is linked and together form an entity that includes its source, and the moana. As a result the relationship the hapū have with these awa relates to the entire catchment. The tangible linkages between these awa provide the hapū with a system of ara, or pathways throughout their respective takiwa, allowing access inland. River travel was important to hapū for both economic and social reasons.

Mahinga kai

The rivers in the Okahu takiwa were abundant with fish species resources, including tunaheke, piharau, kahawai, inanga, pakotea and kokopu.

Pa tuna and hinaki were constructed all along the rivers in the Okahu takiwa, and there was much tribal lore and skill pertaining to the catching of tuna. Gathering and processing tuna was a customary practice that strengthened cultural systems and whanaungatanga. Customary management practices followed the lifecycle of the tuna, and harvesting was regulated according to the seasons. A complex system of hapū and whanau rights operated and the places where tupuna harvested their tuna were important cultural and social sites.

The resources of the wetlands including harakeke and much birdlife were also a crucial element of hapū sustenance systems. Harekeke supplied material for rongoa, weaving, construction, and trading. They also provided a habitat for many forms of life. Pukeko and native ducks were caught in the wetlands and were not only an important food source but provided the hapū with feathers which were used for many purposes.

The hapū regard all natural resources as being gifts from Atua kaitiaki. Tangaroa-i-te- Rupetu Tangaroa is the spiritual guardian of the moana and other water bodies and all that lives within them. Tane-nui-a-rangi is the spiritual guardian of the ngahere and all life forms within this environment. These guardians were central to the lives of hapū tupuna and remain culturally significant to the hapū whanau living in the present day.

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Matauranga associated with the collection of resources from various awa and ngahere were central to the lives of the hapū tupuna and remains a significant part of the cultural identity of the hapū today. Matauranga and associated tikanga, kawa and karakia are all essential for maintaining customary traditions, including the ritual and tapu associated with gathering.

The hapū have cultural, spiritual, traditional and historic associations with the rivers and their environs, associated land, flora and fauna. The hapū have a responsibility as kaitiaki in accordance with their kawa and tikanga to restore, protect and manage all those natural and historic resources and sites. This relationship is as important to present day whanau as it was to their tupuna. The continued recognition of the hapū, their identity, traditions and status as kaitiaki is entwined with the rivers in their takiwa, associated lands, and associated resources.

7.3 Cultural Impact Assessment 101. Cultural Impact Assessments, commissioned by Fonterra, were prepared by Ngati Ruanui (NR-CIA) and Ngāruahine (N-CIA) (Table 1).

102. The NR-CIA identified a number of issues associated with the on-going activities, particularly the discharge of wastewater.

103. The AEE in Section 4.7 considers the effects on cultural values. Section 4.7.7 states that all the issues in the CIA for Ngati Ruanui have been addressed in the final AEE and technical assessments. Concerns were raised in the CIA and mitigation measures proposed. A key concern was the deterioration of Pukeroa Reef and the inability of iwi to gather kaimoana. A ‘mauri model’ for environmental management that recognises matauranga maori was needed.

104. The N-CIA also identified a number of issues associated with the on-going activities, particularly the discharge of wastewater to the moana. A sustained reduction in the Mauri has occurred and a ‘mauri model’ for environmental management that recognises matauranga maori was needed. Ecosystem restoration was also required and a ‘weaving’ of Maori knowledge and western science was required to monitor the impacts of the discharge.

7.4 Further Consultation 105. Maritime New Zealand was informed of the coastal structure application as required by section 89A of the RMA and made no comment.

8. Public Notification 106. The applications were public notified on 30 January 2016. Notice was served on 24 people and organisations.

107. The notification decision6 is documented separately.

6 Council Document Reference #1442927 23

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108. The summary of the submissions is provided in Section 9 of this report.

9. Submissions 109. Four submissions were received and are summarised in Table 4 below. All the submitters wished to be heard.

Table 4: Summary of submissions on the applications Submitter Discharge Outfall Wish to Grounds Summary 1450-3 Structure and be heard coastal protection 5013-2 A Woodger In opposition Yes Inability to make changes to match societal expectations Term Nga Motu Marine In opposition Yes Environmental effects and insufficient waste Reserve Society Inc treatment. Term Te Runanga o Ngati In opposition In opposition Yes Impact on Pukeroa Reef and cultural and Ruanui Trust spiritual values Term Te Korowai o In opposition In opposition Yes Impact on kiamoana and cultural and spiritual Ngāruahine Trust values Term

110. The Te Korowai o Ngāruahine Trust submission explicitly acknowledged the status of Ngati Ruanui as tangata whenua and their exercise of manawhenua over the area in which the consents apply.

10. Pre-hearing process

10.1 Pre-hearing meeting 111. A pre-hearing meeting for the Fonterra and STDC applications was held on 21 April 2016. Present at the meeting were:

Fred McLay Taranaki Regional Council (Chair) Colin McLellan Taranaki Regional Council Victoria Araba Taranaki Regional Council Ryan Park Fonterra Michelle Dwyer Fonterra Lauren Wallace Fonterra and STDC (Legal Counsel, observer) Cassandra Crowley Ngāruahine David More Ngāruahine Ngapari Nui Ngati Ruanui Graham Young Ngati Ruanui Anne Scott Nga Motu Marine Reserve Society Inc Andrew Woodger

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112. Before the meeting, and with the prior agreement of the parties, the Council had circulated a draft of conditions that could be included on any consent issued. These conditions were based substantially on those offered in the application and provided a focus for the discussion.

113. The main issues outstanding at the end of the meeting were the: ∑ consent duration; ∑ combined effects of the two discharges on the marine environment; ∑ treatment of wastewater to improve quality and reduce environmental effects; ∑ application of future improved technologies to lessen environmental effects and provision for this in a 35 year consent; and ∑ the specifics of how Iwi could be involved in compliance monitoring and as kaitiaki, and how this would be addressed in consent conditions.

114. The meeting concluded with an agreement that Fonterra would amend the conditions offered from those provided with the application, based on the pre-hearing meeting discussion. The redrafted conditions would be provided to the parties with a view to possibly holding another meeting or working through changes to address issues raised in submissions.

10.2 Agreed conditions and resolution of submissions 115. Fonterra subsequently redrafted their offered conditions, in an attempt to address the concerns expressed by submitters. After obtaining agreement in principle from the Council for the conditions Fonterra provided them to the submitters on 26 July 2016. The main changes are described in the following paragraphs.

116. Fonterra’s revised conditions include installing a Dissolved Air Flotation Unit (DAF) before 1 August 2021, to treat all wastewater from the Cream, Cheese and Milk Treatment processing plants prior to its discharge. This would improve waste water quality and reduce the potential for solids (fat) to be discharged to the sea and washed up on local reefs and beaches.

117. The revised conditions also include a formal process for involvement of Iwi in the consent though its duration. This occurs through a Kaitiaki Reference Group and a Tangata Whenua Involvement Plan.

118. Provision was also made for the 5 yearly supply of a wastewater management plan report which reviewed the relevant best practicable options in dairy wastewater management and how these might be applicable at the Whareroa site, and detailing any measures taken by the consent holder to improve or minimise the wastewater discharge over the term of the consent.

119. After some further discussion and modification to the detail of the proposed conditions Fonterra advised the Council in July 2017 that the conditions had been agreed. All submitters subsequently formally withdrew their right to be heard.

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120. In withdrawing, Nga Motu Marine Reserve Society noted support for a sustainable solution that minimises the waste of the DAF sludge (e.g. using it for biofuel). Also A Woodger noted opposition to outfalls as an accepted method of effluent treatment in New Zealand.

11. Consideration of alternatives 121. Both Fonterra and STDC have considered a number of alternatives for the treatment of wastewater prior to discharging via the marine outfall, or to reduce the discharge to the outfall.

122. The result of this assessment shows that the most effective and efficient way of wastewater disposal remains discharging via the outfall into the marine environment.

123. A summary of the pros and cons of these alternatives are discussed below.

11.1 Fonterra wastewater discharge 124. The application states, in Section 5.5 of the AEE, that Fonterra has investigated several alternatives to treating the wastewater prior to discharging via the marine outfall, or to reduce the discharge to the outfall. These options are considered in the Aurecon (2014) report and include: ∑ Dissolved Air Flotation; ∑ Biological treatment; and ∑ Land Irrigation.

125. Dissolved Air Flotation (DAF) is a common waste water treatment process used in industries with high concentrations of fat in the wastewater ( e.g. dairy factories and meat processing plants). At Whareroa a DAF unit could be installed to treat wastewater from selected plants with major fat loss potential such as milk treatment, cream, and cheese plants. This treatment method would reduce the overall fat loss from the site but would during normal operations, but would not successfully treat large one off spills from other plant areas. During the peak processing months of December and January 9000 cubic metres/day of wastewater could be treated in a DAF which is approximately 33 % of the total wastewater flow during that period and 48% of the total fat. The estimated capital cost for a DAF is between $4.5 -$6 million.

126. Biological treatment is used on other Fonterra sites and by other industries, including treating municipal wastewater by district councils. An investigation into the treatment of the medium-strength wastewater from the Whareroa site in a pond-based activated biological treatment system, prior to being discharged to the ocean via the existing outfall was undertaken. Details of the system are provided in Section 5.5.3 of the AEE. The treatment system would reduce the loadings of organic material, milkfat, nitrogen and phosphorus discharged to the receiving environment. The capital cost of a biological treatment system to treat the high strength wastewater would be approximately $60- $80 million. The annual operating costs would be about $5.5 million.

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127. Land irrigation of wastewater would utilise the same wastewater segregation as the biological treatment system described above, with medium-strength wastewater streams being irrigated onto pasture on farms in the Whareroa area. Low-strength wastewater streams would be segregated and from the remainder of the wastewater and discharged directly to the marine outfall.

128. An irrigation system to treat the wastewater would require about 1400 ha of farmland with free-draining soil types. Finding the area required with suitable soils and farmers willing to sell, within a reasonable radius of the site, would be extremely unlikely. Generally not all farm land is suitable for irrigation so about 2000 ha of farmland would be required. Higher rainfall months in Taranaki can also coincide with peak milk processing (September to January). Irrigation during this time would require careful management to prevent ponding and runoff of wastewater to surface water.

129. The capital cost of the land and irrigation infrastructure is estimated to be $112 million (based on ($40,000/ha) and no wastewater storage.

130. Leasing land for irrigation may also be an option but the scale of the operation and having to work in with farming regimes makes this a high risk for Fonterra compounded by the environmental risk posed by irrigation. Experience with irrigation systems in Taranaki shows an operation of this scale would be very challenging and have a high potential to cause adverse environmental effects.

12. Assessment of effects 131. Fonterra and STDC have undertaken a comprehensive assessment of the environmental effects of the individual and combined discharges that are appropriate for the scale and nature of the application. Technical reports have been commissioned and compliance monitoring data utilised in the assessment.

132. Fonterra commissioned a number of technical studies that identified the positive and negative effects of the discharge.

133. Council staff has also monitored the discharge since 1991, and have good knowledge of site processes and discharge characteristics. Assessments of the monitoring undertaken are included in the annual compliance monitoring reports that are presented to the Council and the public and have been used in the AEE.

134. The monitoring reports and compliance monitoring results are in agreement about the minor environmental effects of the discharge.

135. The key parts of Fonterra AEE are summarised below.

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136. The assessment of potential effects of the wastewater discharge and coastal occupation of space are described in the sections below.

12.1 Wastewater discharge 137. The potential adverse effects of wastewater discharge are generally those resulting from effects noted above, and are described in detail below.

138. These effects include: ∑ Effects on marine water quality; ∑ Effects on marine ecosystems; ∑ Effects on intertidal ecology; ∑ Effects on marine mammals; ∑ Effects on public health; ∑ Effects on recreation and tourism; ∑ Effects on cultural values; and ∑ Cumulative effects.

12.1.1 Effects on marine water quality 139. Generally, the Fonterra discharge of wastewater into a dynamic coastal environment will ensure the appropriate dispersion of the wastewater. This will ensure that there is no accumulation of contaminants, either in the coastal waters or in the sea floor sediment and any consequential effects on aquatic biota will be less than minor.

140. Fonterra has implemented a number of process improvements over the years( e.g. 2011 and 2013; 31%), at the manufacturing site that have resulted in significant reductions in fat lost to the wastewater and the environment.

141. Whareroa wastewater has a tendency to form slicks due to the fat/grease content. Any slick formed is likely to be perpendicular to the shore due to predominant currents. Based on suitable weather conditions and tides, a conservative estimate of the total time a slick impacts the shore is unlikely to exceed 1% (i.e. equivalent to 3.65 days per year).7

142. Outfall plumes are generally visible because they contain higher total suspended solids than surrounding water or they are coloured (e.g. with milk). They can also be discernible as a layer of freshwater which sits on top of salt water and appears different to the surrounding salt water.

143. The removal of fat from the discharge with the installation of the DAF plant will reduce slick formation and impact.

12.1.2 Effects on marine ecosystem 144. The marine ecosystem can be impacted by wastewater discharges. Increased turbidity, oxygen depletion due to excess organic waste discharges, reduced salinity (total dissolved solids), and toxicity can have impacts. The waters along the south Taranaki coast are usually relatively turbid due to erosion along the coast and re-suspension of fine sediments as a result of strong wind and wave action. Toxicity is the inherent

7 Resource and Environment (1997) page 69 AEE. 28

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capacity of a contaminant to cause adverse effects on a living organism. The primary toxicants with the discharges are considered to be a change in pH, ammonia and heavy metals. All these are addressed in section 4.4.4 of the AEE and are considered to be having no more than minor effects on marine biota.

12.1.3 Effects on intertidal ecology 145. Prior to the outfall extension in 1997 there was nutrient enrichment and adverse effects on the intertidal zone. These impacts have decreased over time and species indicative of enrichment are not prevalent and species diversity is comparable to other areas along the coastline. The outfall discharge on intertidal ecology will be no more than minor.

12.1.4 Effects on marine mammals 146. Chemicals contained in pharmaceuticals (e.g. antibiotics and oral contraceptives) as well as personal care products (e.g. cosmetics), domestic and commercial cleaning agents and pesticides can enter water bodies via wastewater discharges or stormwater runoff. In sufficient concentrations, these chemicals can cause adverse effects on growth and reproduction, as well as organ damage and changes in behaviour in aquatic mammals. The overall risk from the combined discharge is expected to be low. The lack of large scale heavy industrial activity in the catchment, likely reduction in pollutant concentrations in the Hawera WWTP, as well as the high energy , dispersive marine environment, are important mitigating factors that suggest and individual marine mammal’s chance of exposure to contaminants and/or pathogens from Whareroa wastewater, directly or indirectly, is extremely low. The outfall discharge will not adversely affect marine mammals, with effects considered no more than minor

12.1.5 Effects on public health 147. Investigations show that the Whareroa Site wastewater can contain elevated concentrations of faecal indicator bacteria such as enterococci. However, the short-term screening programme undertaken by NIWA indicates the presence of bacterial pathogens in the Fonterra wastewater appears negligible. Health risks arising from the Fonterra wastewater are likely to be insignificant in comparison to sewage-borne pathogens from the treated Hawera WWTP wastewater according to the results of the NIWA survey.

148. An assessment of the public health risks associated with the discharge from the Whareroa manufacturing site and Hawera WWTP wastewater through the outfall was carried out by NIWA and is included in Appendix D of the AEE. The Hawera WWTP discharge contains most of the microbial contaminants and the environmental effect of these will be considered under the STDC application.

12.1.6 Effects on recreation and tourism 149. The Greenaway report identified regionally important recreational activities along the Taranaki coastline (Figure 6). The report shows that most recreational activities are undertaken well away from the marine outfall. Consequently, the potential adverse effects of the discharge will be less than minor on the undertakers of these activities, given the distance from the discharge points, and the level of dilution /mixing in the coastal waters.

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Figure 6: Recreation activities identified in the vicinity of the Whareroa outfall – Ohawe to Mangaroa Stream (from AEE Appendix H page 7

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12.1.7 Effects on cultural values 150. The effects assessment has been based on the CIA from Ngati Ruanui and CIA from Ngāruahine. RCP Objective 5 requires recognition of and provision for the relationship and values of Iwi o Taranaki with the Taranaki CMA, in a manner reflective of their status as tangata whenua and in accordance with tikanga Maori.

151. The principle environmental issues and the Fonterra /STDC response to these are set out in section 4.7 of the AEE. Ngati Ruanui expressed concern that the reefs (including Pukeroa reef) continue to be adversely affected by the discharges. In the opinion of technical experts at Cawthron, the reef is now the same as it would be if the outfall was absent. This is supported by Council compliance monitoring data. There is no evidence of adverse effects of on Pukeroa Reef such as nuisance algae, fat deposits, and bacterial growths.

152. Ngati Ruanui were also concerned about the overall sustainability of the factory, in terms of the ongoing ocean outfall and discharges and expressed the view that the ocean outfall would likely be considered unacceptable if it was a greenfield (new) development. Improving the quality of discharge to the ocean is a significant issue and the discharge of treated municipal wastewater to sea is considered to be a culturally sensitive issue.

153. All the relevant Iwi/hapu have been consulted.

12.1.8 Cumulative Effects 154. The cumulative effects of the Whareroa Site wastewater and that of STDC for the Hawera WWTP have been considered above. As there are no other consented discharges in the vicinity there are no cumulative impacts on the coastal environment to be considered.

12.2 Outfall and rock wall coastal occupation of space 155. As noted in section one of this report the occupation and maintenance of the outfall pipe and diffuser, and the erosion protection rock wall are being considered under one application.

156. The potential adverse effects of the continued coastal occupation of space by the structures are generally those relating to public access, amenity, natural character and erosion.

157. As the marine outfall structure is buried both in the foreshore and seabed, the effects in terms of amenity, natural character and erosion, are considered less than minor. In addition, this structure does not exclude the public from using any part of the coastal marine area where it is located.

158. The outfall pipeline may effect seabed scour and sediment transfer. However, it was constructed under the beach cut platform with sufficient cover to protect from scour. According to OCEL (2013) the pipeline is exposed above the seabed for about 700 m from the end of the diffuser section. While this portion of the pipeline lies above the

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seabed, there have been no significant observable effects of sediment build-up reported during the latest or previous outfall surveys.

159. Some localised scouring under the pipeline can occur and additional pipeline supports are provided as part of the on-going maintenance programme. The locations and extent of "free" span of the pipeline vary slightly from year to year as sand depths on the rocky portion of the seabed fluctuate. Hence ongoing maintenance is a priority to maintain pipeline integrity.

160. The rock protection wall was constructed in 1997 to protect the pipeline, stream diversion pipelines and associated structures from erosion. Monitoring is required under existing conditions to monitor erosion end wall effects and determine whether the wall is accelerating erosion on neighbouring properties. Monitoring has not shown any accelerated erosion from the coastal protection works. There are high rates of natural erosion along the nearby coast .

13. Statutory assessment

13.1 Sustainable Management (Part 2 of the RMA) 161. Part 2 of the Act is called ‘Purpose and Principles’ and comprises Sections 5, 6, 7 and 8.

13.1.1 Section 5 – Purpose 162. The purpose of the Act is to promote the sustainable management of natural and physical resources. As the discharge and coastal structures are connected it is appropriate that the applications are assessed together. Therefore this section of the report assesses whether the activities as a whole achieve sustainable management.

163. Sustainable management means managing the use, development and protection of natural and physical resources in a way which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while: a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; b) Safeguarding the life-supporting capacity of air, water, soil and ecosystems; and c) Avoiding, remedying or mitigating any adverse effects of activities on the environment.

164. The discharge of wastewater from the large multi processing Whareoa dairy processing site enables people and communities to provide for their current and future social, economic and cultural wellbeing. The environmental effects of the discharge are minimised by the long outfall and natural dispersion and will be further reduced through the proposed waste treatment upgrade involving the installation of the DAF unit before 1 August 2021.

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165. Ongoing monitoring of the receiving environment demonstrates that the proposal will sustain the potential of natural and physical resources to meet the needs of future generations, while also safeguarding the life supporting capacity of the receiving waters. The proposal will avoid adverse effects on the environment by: ∑ treating the wastewater; and ∑ discharging as far as practicable from the coast.

13.1.2 Section 6 – Matters of national importance 166. In achieving the overall purpose of the Act, the matters of national importance listed in section 6 of the Act must be recognised and provided for. The following matters are of relevance to these applications: ∑ preservation of the natural character of the coastal environment, and protecting it from inappropriate use and development [section 6[a]]; ∑ relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga [section 6[e]]; and ∑ protection of protected customary rights [section 6[g]].

167. Natural character includes the visual landscape and other physical characteristics such as the beaches, dunes, surf breaks, and more subtle features such as the way the sea changes colour under different conditions. It also includes the holistic coherence of these features that contribute to the feeling of ‘naturalness’ that people may experience from the environment.

168. The discharge mixing zone is visible but beyond this there are minimal impacts on sea colour. The location of the outfall means it is not generally visible to the public. Impacts on nearby Pukeroa Reef and other reefs in the area from the discharge are less than minor. The installation of a DAF unit by Fonterra will reduce the potential for impacts on the reef.

169. Customary activities are those activities that are carried out under a protected customary right under the Marine and Coastal Area [Takutai Moana] Act 2011. As yet, no such rights have been established by the High Court.

170. The recommendation has been developed while having particular regard to the section 6 matters.

13.1.3 Section 7 – Other matters 171. Other matters to which a consent authority must have particular regard in relation to managing the use, development and protection of natural and physical resources are listed in Section 7 of the Act. The matters relevant to these applications are listed below: ∑ Kaitiakitanga –guardianship/stewardship by tangata whenua of natural and physical resources [section 7[a]]; ∑ the ethic of stewardship [section 7[aa]]; ∑ the efficient use and development of natural and physical resources [section 7[b]]; ∑ the maintenance and enhancement of amenity values [section 7 [c]]; ∑ the intrinsic values of ecosystems [section 7[d]]; and ∑ maintenance and enhancement of the quality of the environment [section 7[f]].

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172. The concept of kaitiakitanga or stewardship not only create an obligation to hear and understand what tangata whenua have to say in relation to an activity, but also to take these concerns into account when decision-making. As stated above Cultural Impact Assessments have been prepared by Ngati Ruanui and Ngāruahine and express their views as kiatiaki.

173. The activity demonstrates an efficient use of physical resources by combining the Whareroa and Hawera discharges and the use of a single outfall to minimise overall environmental impacts.

174. The potential impact on amenity values and ecosystems has been considered in the assessment of environmental effects. This assessment demonstrates that the discharge will have no more than minor effects on the receiving environment; therefore the quality of the existing environment will be maintained.

13.1.4 Section 8 –Treaty of Waitangi 175. In achieving sustainable management Section 8 of the RMA also requires the principles of the Treaty of Waitangi to be taken into account. The principles of the treaty include partnership, mutual benefit and active protection. Fonterra recognises these principles and has engaged with Iwi throughout the application process. We have taken the principles of the Treaty of Waitangi into account.

176. There is some overlap between section 8 and other Part 2 Maori provisions. Essentially sections 6(e) and 7(a) incorporate the substantive and active protection aspects of the Treaty principles which are most relevant to the management of natural and physical resources.

13.2 Section 104 – Consideration of applications 177. Subject to Part 2 of the Act, the Council must have regard to the matters in section 104(1). Matters relevant to these applications are: (a) Any actual and potential effects on the environment of allowing the activity; and (b) Any relevant provisions of – … (iv) the New Zealand Coastal Policy Statement I(NZCPS); (v) the Regional Policy Statement(RPS); (vi) the Regional Coastal Plan(RCP); and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application.

178. An assessment of the actual and potential effects on the environment has been made above. The provisions of the NZCPS, RPS and RCP are discussed below.

179. Section 104(1) (c) allows the consent authority to have regard to any other matter that is considered relevant and reasonably necessary to determine the application. None have been identified in submissions and in the processing of the applications.

180. Section 104(2A) requires that when considering an application for a renewal of consent, the Council shall have regard to the value of the investment of the existing consent holder. In this case, Fonterra has already invested a significant amount of capital into

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infrastructure and services associated with the Whareroa site. The application states that waste treatment is proposed in the form of a DAF unit.

181. The discharge and associated coastal structures are associated with a major investment by Fonterra. The outfall is also used by STDC and enables treated of sewage disposal which enables people and communities to provide for their social, economic and cultural wellbeing. Further the collection, treatment and disposal of municipal waste are essential to minimise the impact on the environment and to protect human health.

13.3 Section 105 – Matters relevant to certain applications 182. Section 105 (1) of the Act states that if an application is to discharge contaminants, the consent authority must, in addition to the matters in section 104(1), have regard to: (a) the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and (b) Fonterra's reasons for the proposed choice; and (c) any possible alternative methods of discharge, including discharge into any other receiving environment.

183. The nature of the discharges and the sensitivity of the receiving environments have been assessed in the assessment of environmental effects.

184. Fonterra’s reasons for renewing the discharge from the Whareroa site are to provide for the large current dairy processing operation and for future growth. Alternative methods of discharges have been considered and these are outlined above. There are no feasible alternative methods of discharge or receiving environments.

13.4 Section 107 – Restriction of grant of certain discharge permits 185. Section 107 (1) of the Act places restrictions on the granting of consents to discharge contaminants into water. Such permits can not be granted by a consent authority if they cause any or all of the following effects in the receiving waters after reasonable mixing: (d) The production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials; (e) Any conspicuous change in the colour or visual clarity; (f) Any emission of objectionable odour; (g) The rendering of fresh water unsuitable for consumption by farm animals; (h) Any significant adverse effects on aquatic life.

186. The discharge is not expected to result in any of the effects listed under clauses (a), (b) or (c) after reasonable mixing. The installation and operation of the DAF plant will further reduce any effects on clause (a). Long-term monitoring undertaken by the Council has shown no change in ecological diversity as a result of the discharge therefore the continued discharge is not expected to give rise to the effects under clause (e).

13.5 Regional Coastal Plan for Taranaki 187. The Regional Coastal Plan for Taranaki (RCP) became operative on 21 May 1997. It is a statutory document that sets out Council policy and rules with respect to activities in the CMA.

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188. The policies relevant to these applications are: ∑ Policy 1.1 – relating to recognition of differing coastal processes, natural values and uses of the coastal marine area; ∑ Policies 2.2 and 2.3 – relating to the protection of ecological values and safeguarding the life-supporting capacity of coastal ecosystems; ∑ Policies 3.1 and 3.3 – relating to the protection of social, amenity and cultural values; ∑ Policies 5.1, 5.4, 5.6, 5.7 , and 5.8 – relating to the relationship of tangata whenua with the coastal marine area; ∑ Policy 7.1,- relating to coastal hazard protection works; ∑ Policies 9.1, 9.3, and 9.5 – relating to the adverse effects on water quality; ∑ Policies 13.1 and 14.1 - relating to public safety and access to and along the coast.

189. These policies are included in Appendix 1 of this report.

190. Policy 1.1 states that management of the CMA will be carried out in a way that recognises the open coastline as a high energy environment which provides habitat to marine life, and includes a range of areas that are valued for recreation and kaimoana gathering. This policy recognises the existing environment, which has been taken into account in the assessment of environmental affects.

191. Policy 2.2 aims to protect spawning and breeding areas in the open coast [Area C]. The continued discharge will not cause any adverse effects on spawning and breeding areas as ongoing monitoring of the receiving environment demonstrates that the discharge is not impacting on species diversity and mammals in the vicinity of the outfall.

192. In accordance with Policy 2.3, the life-supporting capacity of ecosystems will be safeguarded as the discharge do not contain contaminants at a concentration which will cause significant adverse effects on marine life, and will not release suspended solids at a rate which may smother marine life. Long-term monitoring results also demonstrate that the discharge is not causing an adverse effect on species diversity.

193. Policies 3.1 and 3.3 seek to protect areas of historical or cultural significance, and maintain or enhance amenity values. In this case, there are no sites listed on the Historic Places Trust register which could be affected by the discharge, although the discharge area is recognised as being culturally significant to local iwi. The assessment of effects above and compliance monitoring demonstrate that any effects on amenity values will be no more than minor.

194. Policies 5.1, 5.4, 5.6, and 5.7 seek to recognise mana moana rights of iwi and hapu over their mahinga mataitai, the avoidance or mitigation of effects on mahinga mataitai and kaimoana, and protection of sites of features of significance to iwi. The assessment of effects above and compliance monitoring demonstrate that any effects on these values will be no more than minor.

195. The cultural effects on Ngati Ruanui and Ngāruahine relate to the direct ecological effects of discharge, generally as described above, but have a significant added dimension resulting from their relationship with the sea. That relationship is based on the fact that the sear has sustained the Iwi, and the Iwi have been kaitiaki, for many centuries. The Iwi attain mana from this relationship, and degradation of the sea and reduced kaitiaki opportunities over recent history has diminished that mana.

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196. These effects are therefore mitigated by properly and actively involving the Iwi in the consenting process and the ‘life’ of the consent. This is to be achieved by the formation of a ‘Kaitiaki Group’ and development of a ‘Tangata Whenua Involvement Plan’.

197. Policy 7.1 seeks to only allow coastal hazard protection works in relation to existing use and development where the positive effects of allowing the works are significantly greater than the any adverse effects. The outfall pipeline and stream diversion structures were at risk from erosion and the rock protection works were authorised and constructed in 1997. This is a renewal of that application. The avoidance of a breached outfall pipeline and associated damage to the inshore reef, and the regional and national benefits of the Whareroa operation, far outweigh any adverse effects on the environment of the structures.

198. Policy 9.1 requires waste reduction and treatment which will avoid remedy or mitigate the environmental effects of the discharge of contaminants to water and a range of factors must be considered in assessing such proposals [e.g. allowance for reasonable mixing zones, cumulative effects, the actual and potential risk to human and animal health from the discharge, the cultural and spiritual values of iwi and the use of best practicable option]. These matters have been considered within the assessment of environmental effects above.

199. Policies 9.3 and 9.5 require water quality to be of a standard which allows the community use of the coastal marine area to continue, and to avoid significant adverse effects on the life-supporting capacity of water and aquatic ecosystems. The AEE and assessment of effects demonstrate that the receiving waters are generally consistent with recommended water quality guidelines. The Fonterra discharge is not expected to impact on the community use of the coastal marine area.

200. Policy 13.1 seeks to allow people to have safe access to and along the CMA and to allow people to make safe use of the foreshore and coastal waters for contact recreation. The ongoing discharge from the outfall and the pipeline and coastal protection structures do not impact on these requirements.

201. Policy 14.1 seeks to maintain public access in the CMA and this is achieved with the burial of the outfall pipeline and location of the coastal protection works at the cliff base. Occupation rights are required to allow maintenance of the pipeline and to protect the pipeline from other inappropriate uses that may impact on pipeline integrity.

202. Overall, it is considered that the activities are consistent with the relevant policies of the RCP.

13.6 Regional Policy Statement for Taranaki 203. The Regional Policy Statement for Taranaki [RPS] is a statutory document which outlines the Regional Council's policies relating to resource management in the Taranaki region. The RPS has been operative since January 2010.

204. The RPS contains a number of policies which are relevant to the applications. However, the majority of these policies outlined in the RPS are refined and expanded on in the RCP, which has already been discussed above. Accordingly, only those relevant policies of the RPS which are not already covered by the RCP are considered below. 37

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205. The relevant policies in the RPS are Coastal Natural Character [CNC] Policies 1, 2 and 4 – relating to protecting the natural character, ecological and amenity values of the coast. The policies are included in Appendix 1 of this report.

206. CNC Policies 1 and 4 provide guidance in determining the natural character, ecological and amenity values of an area. Appendix II of the RPS provides an inventory of local, regional and national important sites [drawn from Coastal Areas of Local and Regional Significance in the Taranaki Region (2004) which assists with the determination of values under CNC Policy 4. The Inventory states the nearest high value area to the activity is Rifle Range Road Lakes ( Nowells Lakes) with the Manawapou- Tangahoe River mouths and cliff tops to the south and Waihi Beach to the north.

207. The inventory states Nowells Lakes are valued for: ∑ High amenity values - significant natural area; ∑ Moderate recreational values - birdwatching and shooting; ∑ Moderate cultural/historical values - midden found; and ∑ High ecological/scientific values - a regionally significant wetland; important area for native water birds.

208. The Inventory states the Manawapou- Tangahoe River mouths and cliff tops are valued for: ∑ High amenity values- unusual landforms of stacks, pinnacles and peninsulas; ∑ Moderate recreational values- fishing; ∑ High cultural/historical values high - pa sites including Manawapou Pa, redoubts, traditional food gathering ; and ∑ Moderate ecological/scientific values- area representative of coastal vegetation, presence of coastal herbs and other halophytes in sand pockets on cliff edges. . 209. The Waihi Beach area is valued for: ∑ Moderate amenity values; ∑ High recreational values- fishing, surfing and beach walking; ∑ High cultural/historical values- archaeological site; and ∑ Moderate ecological/scientific values- fossil bivalves and gastropods in the cliffs; herb field; site is part of an internationally important sequence of uplifted marine terraces.

210. Any adverse effects on the natural character, ecological and amenity values of the coastal areas identified above will be absent or no more than minor. Ongoing monitoring of the receiving environment demonstrates that the Fonterra discharge from the outfall is not having an adverse effect on water quality, and is not attributable to fluctuations in ecological diversity in the local intertidal marine community which are natural.

211. CNC Policy 2 seeks to protect the natural character of the coast by ensuring that only appropriate use or development of the coastal environment is undertaken, by considering a range of matters e.g. the degree and significance of adverse effects on the natural character of the coastal environment, any possible alternative methods of discharge [where the activity involves the discharge of any contaminant], the need to protect habitat in the coastal marine area, and community benefits of the proposal.

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212. In consideration of CNC Policy 2, it is necessary for the continued discharge to occur in the CMA as no feasible alternative option is available. The assessment of environmental effects demonstrates that any effects associated with the discharges are no more than minor.

13.7 New Zealand Coastal Policy Statement 2010 [NZCPS] 213. The NZCPS is a statutory document which is required under the Act. The purpose of the NZCPS, as stated in section 56 of the Act, is ‘… to state policies in order to achieve the purpose of this Act in relation to the coastal environment of New Zealand’.

214. The NZCPS is the only mandatory national policy statement under the Act. It became operative on the 3 December 2010 and provides directives regarding the management of the natural and physical resources within New Zealand’s coastal environment.

215. Regional policy statements and regional coastal plans must give effect to the NZCPS. The RCP is currently under review, and given the recent release of the NZCPS, the NZCPS is still to be given full effect to through this review process [the RPS will also be amended accordingly]. As such, relevant policies to the application [or matters contained in policy] which are not currently given effect to under the RPS or RCP are considered below.

216. Taking the above into account, the policy relevant to the application is Policy 23 – relating to managing the discharge of contaminants. The relevant sections of Policy 23 are outlined below: In managing discharges to water in the coastal environment, have particular regard to:

a. the sensitivity of the receiving environment; b. the nature of the contaminants to be discharged, the particular concentration of contaminants needed to achieve the required water quality in the receiving environment, and the risks if that concentration of contaminants is exceeded; and c. the capacity of the receiving environment to assimilate the contaminants; and: d. avoid significant adverse effects on ecosystems and habitats after reasonable mixing; e. use the smallest mixing zone necessary to achieve the required water quality in the receiving environment; and f. minimise adverse effects on the life-supporting capacity of water within a mixing zone. 2. In managing discharge of human sewage, do not allow: a. discharge of human sewage directly to water in the coastal environment without treatment; and b. the discharge of treated human sewage to water in the coastal environment, unless: i. there has been adequate consideration of alternative methods, sites and routes for undertaking the discharge; and ii. informed by an understanding of tangata whenua values and the effects on them. 3. Objectives, policies and rules in plans which provide for the discharge of treated human sewage into waters of the coastal environment must have been subject to early and meaningful consultation with tangata whenua.

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217. The provisions of Policy 23 are reiterated in Policies 1, 2 and 4 of the RCP, which have already been discussed above.

13.8 Other considerations 218. When considering an application for a renewal of consent, the Council must have regard to the value of the investment of the existing consent holder8. Fonterra has a major investment that is dependant on these consents.

219. The Council must have regard to the sensitivity of the receiving environment and any alternatives to the discharge proposed9. We have had appropriate regard to these matters. The sensitivity of the environment is assessed above, and we are satisfied that there are no more practicable alternative methods of discharge or receiving environments.

220. The RMA10 also sets minimum water quality standards that any discharge must meet. In our assessment the activity, undertaken in accordance with the recommended consent conditions, will meet these minimum standards.

14. Summary and conclusions 221. Prior to June 1997, Kiwi Co operative Dairies, later to become part of Fonterra, discharged wastewater via a short outfall and unnamed coastal stream over a cliff and into the intertidal marine area, which caused significant adverse effect on marine intertidal ecology for up to 1 km southeast. In 1995, consent was granted for the installation of a 1.8 km outfall and consent 1450 to allow a discharge though the outfall was increased. The considerable consent history is set out in Table 2.

222. Each consent process involved the community, particularly Iwi, and achieved a decrease in the environmental effects of the discharge such that a long term consent can now be granted with appropriate conditions to require further improvements in wastewater quality, which in turn will lower effects on the receiving environment.

223. A consent to discharge treated waste water from the Hawera WWTP through the same outfall was issued to STDC in March 1998. The renewal of this application is the subject of a separate process. However, the combined environmental effects of both discharges have been considered in this report.

224. Long-term monitoring of the discharge and the receiving environment demonstrates that any adverse effects associated with the Fonterra discharge are no more than minor.

225. The renewal of the Fonterra and STDC discharge applications commenced in 2015 with the notification of both applications. Also notified were the consents for the outfall and associated coastal protection works. Submissions were received and an extensive prehearing process has been undertaken. This has been successful for the Fonterra application with submitters concerns addressed by way of consent conditions.

8 RMA Section 104 (2A) 9 RMA Section 105(1) 10 In section 107 40

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226. Iwi have been involved throughout the consent process and have had a significant influence on the outcome. Iwi will also be involved into the future through the Kaitiaki Group.

227. The requirements of the RMA and relevant policies outlined in the RCP, RPS and NZCPS include recognition of the values and uses of the CMA; protection of ecological values; protection of social and cultural values; the relationship of tangata whenua with the CMA; adverse effects on water quality; and protection of coastal natural character. Overall, the proposal is consistent with these policies.

228. The applications achieve the purpose of the Act. The discharges associated with the processing of milk into a range of products are essential for enabling people and the local, regional and national community to provide for their social, economic and cultural wellbeing, and their health and safety. Long-term monitoring of the existing discharge demonstrates that the natural and physical resources are being sustained for future generations, and that the life-supporting capacity of water and ecosystems are also being maintained.

229. Therefore it is recommended that the consents be granted subject to the conditions reasonably required to specify the nature and scale of the activity and to avoid, remedy and mitigate adverse environmental effects.

15. Consent duration and review dates 230. The application requested a 35 year consent duration, which is the maximum allowed under the RMA. Based on the minor effects, wastewater upgrade and the significant investment involved the Council agrees that the maximum consent duration is justified.

231. The Council has a well established and accepted practice of ensuring common expiry, and consent review dates within a catchment. The benefits of this practice include more efficient and integrated resource management. The consent duration data for the Tangahoe Catchment have been used for these applications.

232. An expiry date of 1 June 2052, with provision to review conditions at 5-yearly intervals and to review and implement the best practice dairy wastewater management is therefore recommended.

233. Fonterra, submitters and the Council have agreed consent conditions including the maximum consent duration and the review regime.

16. Monitoring 234. Monitoring of this consent is required to ensure that the activities undertaken comply with what is authorised by the consent, and that environmental effects are consistent with the assessment presented in this report.

235. The activities associated with these consents have the potential for adverse effects that are on-going. A specific tailored monitoring programme involving inspections,

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sampling, testing and reporting will be required. Therefore, the existing monitoring programme (SPORDMON34) for these activities will remain.

236. Inspections of the Whareroa site are currently undertaken with respect to a number of other resource consents held by Fonterra. Where appropriate, inspections associated with the outfall discharges will be co-ordinated with the existing monitoring programme.

17. Consent conditions 237. The special conditions recommended have been agreed by the submitters and are consistent with Council policy. They are reasonably necessary to avoid, remedy or mitigate adverse environmental effects, and to ensure that the nature and scale of the activity is consistent with the application and the assessment of environmental effects presented.

238. In our opinion the special conditions recommended are reasonably necessary to avoid, remedy or mitigate adverse environmental effects and to ensure that the nature and scale of the activity is consistent with the applications and the assessment of environmental effects presented.

239. Specific reasons for each special condition are included in the Condition Analysis Tables attached.

240. The consent conditions for the STDC Hawera WWTP and Fonterra discharges were developed together for integrated management purposes. However, given not all the submissions on the STDC application have been able to be resolved at the date of this report and a hearing may be held, it is not appropriate to refer to the STDC application in proposed conditions for the Fonterra discharge application.

18. Reasons for decision 241. The reasons for the decision we have recommended are detailed in this report, but in summary they are: a) The granting of this application is consistent with the RPS, RCP and NZCPS and in keeping with the purpose and principles of the RMA; and b) Undertaking the proposed activity in accordance with the conditions recommended is unlikely to cause any significant adverse effects on the environment.

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19. Recommendations

19.1 Consent 1450-3 242. Our recommendation is that consent 1450-3, to discharge wastewater from dairy factory processes and associated processes undertaken at the Whareroa dairy processing site through a marine outfall into the Tasman Sea, be approved for a period ending on 1 June 2052, subject to the following conditions.

General condition

a. The consent holder shall pay to the Taranaki Regional Council all the administration, monitoring and supervision costs of this consent, fixed in accordance with section 36 of the Resource Management Act, 1991.

Special conditions

Discharge requirements

1. The discharge shall only occur through the outfall and diffuser located between the points defined by map references (NZTM) 1711371E-5612940N and 1710410E- 5611381N.

2. The discharge over any 24-hour period ending at 6.00 am New Zealand Standard Time (NZST) shall not exceed 40,000 cubic metres.

3. The discharge may include any wastewater from dairy factory processes and associated processes undertaken at the Whareroa dairy processing site and site stormwater, but shall not include any sewage.

4. The discharge, as determined by any 24 hour composite time-proportioned sample taken as the discharge leaves the Whareroa dairy processing site shall meet the standards below (a) suspended solids concentration no greater than 1,000 milligrams/litre; (b) total fats concentration no greater than 800 milligrams/litre; and (c) Chemical Oxygen Demand [COD] concentration no greater than 7000 milligrams/litre.

5. The discharge authorised by this consent shall not give rise to any of the following effects in the Tasman Sea beyond a mixing zone of 200 metres from the centre line of the outfall diffuser: (a) the production of conspicuous oil or grease films, scums or foams, or floatable suspended materials; (b) any conspicuous change in the colour or visual clarity; (c) any emission of objectionable odour; or (d) any significant adverse effects on marine life, in particular: benthic communities; and intertidal aquatic life in and around Pukeroa Reef.

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6. The consent holder shall measure and record the rate and volume of wastewater discharged to an accuracy of ± 5%. Records of the date, time, rate and cumulative volume of discharge from 6.00am (NZST), taken at intervals not exceeding 15 minutes shall be transmitted to the Taranaki Regional Council’s computer system within 2 hours of being recorded.

7. Before 1 August 2021 the consent holder shall install and commission a Dissolved Air Flotation Unit (DAF) to treat all wastewater from the Cream, Cheese and Milk Treatment processing plants prior to its discharge.

8. By 1 June 2022 the consent holder shall submit to the Taranaki Regional Council a report that: (a) summarises the performance of the DAF unit required by condition 7,including the wastewater characteristics to and discharging from the DAF unit; (b) summarises any change in the wastewater characteristics discharged pursuant to this consent post installation and commissioning the DAF unit; and (c) includes an analysis of whether it is appropriate to amend the discharge standards specified in condition 4 (a)-(c) of this consent to more accurately reflect any ongoing reductions of suspended solids, total fats or COD concentrations in the discharge which are occurring as a result of higher levels of treatment by the DAF unit, and makes any recommendations to that effect.

Monitoring and Management Plans

9. The consent holder shall prepare, implement and comply with its obligations under all plans required by the conditions of this consent.

Tangata Whenua Involvement Plan

10. Within 3 months of the commencement date of this consent, the consent holder in conjunction with South Taranaki District Council shall prepare and submit to the Taranaki Regional Council a Tangata Whenua Involvement Plan (“TWIP”). The TWIP shall be developed in consultation with Te Runanga o Ngati Ruanui Trust and Te Korowai o Ngāruahine Trust (collectively referred to as “Tangata Whenua” for the purposes of this consent).

11. The purpose of the TWIP is to recognise Tangata Whenua’s kaitiakitanga responsibilities and to identify the process and extent of involvement by Tangata Whenua in: (a) the development, implementation and reviews of the Monitoring Plan, Contingency Plan, and Wastewater Management BPO Report; (b) monitoring the conditions of this consent; and (c) the establishment of a Kaitiaki Group.

12. As a minimum the TWIP shall detail: (a) Development of Plans - A process for Tangata Whenua to have input into and provide feedback to the consent holder and Taranaki Regional Council on the development of the Monitoring Plan (condition 14), Contingency Plan (condition 16) and Wastewater Management BPO Report (condition 18) prior to each being lodged with the Taranaki Regional Council.

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(b) Implementation and review of Plans - A process for Tangata Whenua to have input into and provide feedback on the implementation and reviews of: (i) the Monitoring Plan; (ii) the Contingency Plan; (iii) monitoring of the effects of the discharge; (iv) the Annual Performance and Data Summary Reports; and (v) Wastewater Management BPO Reports.

(c) Information Sharing - A process for ongoing information sharing between Tangata Whenua and the consent holder to enable an improved understanding of the relevant cultural values that may be affected by the activities authorised by this consent.

(d) Kaitiaki Group - A process to establish and maintain a Kaitiaki Group (KG), which shall include: (i) the process by which the Taranaki Regional Council, Te Runanga o Ngati Ruanui Trust, Te Korowai o Ngāruahine Trust, South Taranaki District Council and the consent holder will be invited to become members of the KG; (ii) the process by which membership may be amended and advisers appointed and/or engaged by the KG; (iii) the terms of reference for the KG, which shall be the conditions of this consent and any other consent authorising a discharge from the same outfall, and their implementation; (iv) the way the KG will operate, including frequency of meetings and methods of communication between members; and (v) the reasons the KG may cease to function and the process for that.

13. The consent holder may review and amend the TWIP from time to time in consultation with Tangata Whenua. A copy of the amended plan shall be provided to the Taranaki Regional Council.

Monitoring Plan

14. Within 6 months of the commencement date of this consent, the consent holder shall ensure a Monitoring Plan is prepared The purpose of the Monitoring Plan is to identify the techniques, methodologies and procedures that will be employed to acquire data in relation to, and to monitor compliance with the conditions of this consent, and the effects of the discharge authorised by this consent and any other consent authorising a discharge from the same outfall on: (a) Benthic sediments and marine ecology; and (b) Pukeroa Reef.

Advice Note: The Taranaki Regional Council assumes responsibility for the preparation and implementation of the Monitoring Plan for annual compliance purposes.

15. At all times, the consent holder shall implement and comply with those aspects of the Monitoring Plan that the consent holder is responsible for (as detailed in the Monitoring Plan).

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Contingency Plan

16. The consent holder shall maintain and regularly update a ‘Contingency Plan’ that details measures and procedures that will be undertaken to prevent and remedy any environmental effects from a spillage or any discharge of contaminants not authorised by this consent. The plan and any amended versions shall be provided to the Chief Executive of the Taranaki Regional Council.

Reporting

Annual Data and Performance Report

17. Each year by 31 August, the consent holder shall prepare an Annual Data and Performance Report and forward a copy of the report to the Chief Executive, Taranaki Regional Council. The Annual Data and Performance Report shall relate to the preceding 12 month period ending 30 June and summarise: (a) Data relating to the performance of major components within the consent holder’s wastewater system and compliance with the conditions of this consent; (b) Any results of monitoring undertaken in accordance with the Monitoring Plan; and (c) Any incidents involving spills or accidental discharges and the measures taken to avoid, remedy or mitigate the adverse environmental effects of such a spill or discharge.

Wastewater Management BPO Report

18. Before 1 June 2021 and at 5-yearly intervals thereafter, the consent holder shall provide to the Chief Executive, Taranaki Regional Council, a ‘Wastewater Management BPO Report’ reviewing relevant best practicable options (“BPO”) in dairy wastewater management and how these might be applicable at the Whareroa site, and detailing any measures taken by the consent holder to improve or minimise the wastewater discharge.

For the purposes of the consent, best practicable option means the best method for preventing or minimising the adverse effects on the environment having regard, among other things, to— (a) the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and (b) the financial implications, and the effects on the environment, of that option when compared with other options; and (c) the current state of technical knowledge and the likelihood that the option can be successfully applied.

Review

19. In accordance with section 128 and section 129 of the Resource Management Act 1991, the Taranaki Regional Council may serve notice of its intention to review, amend, delete or add to the conditions of this resource consent by giving notice of review during the month of June 2021 and at 5-yearly interval thereafter, for the purposes of:

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(a) ensuring that the conditions are adequate to deal with any adverse effects on the environment arising from the exercise of this resource consent, which were either not foreseen at the time the application was considered or which it was not appropriate to deal with at the time; or

(b) implementing a best practicable option in dairy wastewater management as identified in the Wastewater Management BPO Report prepared in accordance with condition 18.

20. In accordance with section 128 and section 129 of the Resource Management Act 1991, the Taranaki Regional Council may serve notice of its intention to review condition 4 of this resource consent by giving notice of review within 6 months of receipt of the report required by condition 8, for the purposes of setting discharge standards more appropriate for the higher level of treatment.

Condition Analysis Table: Consent 1450-3 Determination of No. Description Reasons for condition Reason for limit compliance 1 Discharge location Specify the point of discharge for GPS check N/A determination of mixing zone and other associated compliance 2 Authorisation of discharge Specify maximum discharge volume on Assess discharge Predicted maximum which the assessment of effects has been monitoring data by volume based Council Officers 3 Specification of discharge Limit what can be discharged Site inspections N/A sources/constituents 4 Discharge standards Set maximum quantitative constituent Assess discharge Based on previous limits to minimise environmental effects monitoring data by monitoring data and beyond the mixing zone Council Officers environmental assessment of effects 5 Effects on coastal waters To provide qualitative limits on the effects Outfall inspections RMA requirement of the discharge and response to any public complaints 6 Measurement of discharge rate and volume 7-8 Wastewater upgrade Installation of a DAF unit and report on Site inspection to N/A impact on wastewater quality with a view to view installation and reducing constituents in condition 4 operation of new plant 9 Prepare and implement Review and report on relevant best monitoring and management practicable options in dairy wastewater plans management 10 - 13 Tangata Whenua Involvement Development and implementation of a TWIP Provision of the N/A Plan (TWIP) that sets out the scope of iwi input to the TWIP consent, including the role of the Kaitiaki Group.

14-15 Monitoring Plan Prepare and implement a monitoring plan Receipt of the plan N/A (and TRC implementing it) 16 Contingency Plan A plan for any unauthorized discharges Receipt of the plan N/A 17 Prepare Annual Data and Reasonably necessary to ensure other Information Annual reporting Performance Report consent conditions are being complied with provided to Council

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Determination of No. Description Reasons for condition Reason for limit compliance 18 Prepare a Wastewater Every 5 years investigate and report on Receipt of the report N/A Management BPO Report relevant best practicable options in dairy wastewater management and how these might be applicable, and detailing any measures taken by the consent holder to improve or minimise the wastewater discharge 19-20 Review In general conditions of consent can only be N/A The five year reviewed if provision to do so is included in frequency and the consent. The Council’s preference is to timing of the make provision to review the conditions of reviews is all consents to ensure that the conditions appropriate having are effective. Also provision is made for a considered the review associated with implementing a best duration of the practicable option in dairy wastewater consent, its likely management as identified in the environmental Wastewater Management BPO Report effects, and the prepared in accordance with condition 18. adequacy of the knowledge of those effects

19.2 Consent 5013-2 Our recommendation is that consent 5013-2.0, to occupy the Coastal Marine Area with and carry out routine maintenance on: (a) a marine outfall pipeline and diffuser structure approximately 1845 metres long; and (b) a rock wall approximately 100 metres long for the protection of the outfall, stream diversion pipelines and associated structures.

be approved for a period ending on 1 June 2052, subject to the following conditions,

General condition

Special conditions

1. The consent holder shall maintain the outfall and diffuser structures and the rock wall so that they continue to function effectively for their intended purpose.

2. The consent holder shall undertake a visual inspection of the outfall pipeline and diffuser each year. A report shall be submitted to the Taranaki Regional Council before 30 June each year (the “Annual Inspection Report”) and shall include as a minimum: (a) the date and time of the inspection; (b) the condition of the outfall pipeline and diffuser; and (c) a description of any maintenance work required.

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3. In the event, the Annual Inspection Report identifies that maintenance work is required, the consent holder shall prepare and submit to the Taranaki Regional Council a Maintenance Work Plan which describes the maintenance work to be carried out, how the work will be undertaken and the programme for completion of the work. The Maintenance Work Plan shall be approved by the Chief Executive, Taranaki Regional Council, acting in a certification capacity as being adequate to ensure the maintenance works will avoid, remedy or mitigate the environmental effects of any such works, prior to any of the identified maintenance works being carried out.

4. Within 20 working days of the completion of any maintenance works being carried out in accordance with an approved Maintenance Work Plan, the consent holder shall provide written confirmation of the completion of works to the Taranaki Regional Council.

5. The outfall pipeline shall not be visible on the foreshore at any time.

6. In accordance with section 128 and section 129 of the Resource Management Act 1991, the Taranaki Regional Council may serve notice of its intention to review, amend, delete or add to the conditions of this resource consent by giving notice of review during the month of June 2021 and at 5-yearly intervals thereafter for the purposes of ensuring that the conditions are adequate to deal with any adverse effects on the environment arising from the exercise of this resource consent, which were either not foreseen at the time the application was considered or which it was not appropriate to deal with at the time.

Condition Analysis Table: Consent 5013-2 No. Description Reasons for condition Determination of compliance Reason for limit 1 Maintenance of To maintain integrity of the structures Reports under condition 2 N/A structures and avoid the effects of uncontrolled about the condition of the discharges to the CMA which would outfall and a description of the have adverse environmental effects maintenance required 2 Outfall inspection Regularly inspect the outfall to identify Receipt of annual inspection N/A any maintenance report 3 Maintenance plan If maintenance required then submit a Approval of plan by TRC N/A work plan 4 Reporting maintenance Written confirmation of Plan Receipt of confirmation N/A work complete implementation in order to maintain pipeline integrity as per condition 1 5 Visibility To ensure the outfall is not visible from Inspections by Council Officers N/A the foreshore for amenity and cultural reasons 6 Review In general conditions of consent can N/A The five year frequency only be reviewed if provision to do so is and timing of the reviews included in the consent. The Council’s is appropriate having preference is to make provision to considered the duration of review the conditions of all consents to the consent, its likely ensure that the conditions are effective. environmental effects, and the adequacy of the knowledge of those effects

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Recommending Officers

AD McLay Director–Resource Management

Emily Roberts Scientific Officer- Marine Ecologist

References Aurecon (2014): Whareroa Resource Consent Renewal- Technical Report.

Beca Hollings and Ferner Ltd, 2015: Fonterra Whareroa Manufacturing Site and South Taranaki District Council Hawera Wastewater Treatment Plant- Assessment of Environmental Effects.

NZMP (2002): NZMP Whareroa- Application for a change to Coastal Permit TRK 951450 and assessment of environmental effects.

OCEL Consultants Ltd (2013): Report on Fonterra Whareroa Outfall Diving Inspection.

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Appendix 1: Policies of Regional Coastal Plan and NZCPS

Regional Coastal Plan for Taranaki

Policy 1.1

Management of the coastal marine area will be carried out in a way that recognises that:

….

(d) The open coastline: (i) is subject to a high energy westerly wave environment and the coastal land behind the foreshore is generally eroding; (ii) includes areas that are valued for recreation, particularly the beaches adjacent to urban areas or to which vehicle access exists; (iii) includes reef systems that provide habitat to marine life, and are valued by Maori for kaimoana gathering; (iv) includes a large portion of the total foreshore area, which is mostly unmodified by human activity except in the vicinity of the New Plymouth urban area, and generally is under no significant pressure for use, development or protection; (v) includes some areas of outstanding coastal value; (vi) contains fisheries that are both recreationally and commercially valuable; (vii) is utilised for defence purposes in accordance with the Defence Act 1991.

Policy 2..2

Use, development and protection of open coastal areas (area C) should avoid, remedy or mitigate adverse effects on: (a) known fish spawning areas, and in particular the snapper-trevally spawning area in the North Taranaki Bight; or (b) hard rock habitat in parts of the coastal marine area where the seabed is predominately sandy; or (c) marine mammal breeding and haul-out sites; or (d) areas where seabirds congregate to feed or breed.

Policy 2.3

Use, development and protection of all parts of the coastal marine area (areas A, B, C and D) should: (a) safeguard the life-supporting capacity of coastal ecosystems by: (i) avoiding the release of contaminants that have significant adverse effects on marine life; (ii) where it is not practicable to avoid the discharge of contaminants, remedying or mitigating the effects of that discharge; (iii) avoiding the release of hazardous substances; (iv) avoiding, remedying or mitigating smothering of marine ecosystems, such as reef systems, that are not adapted to frequent or large-scale sediment disturbance; (v) avoiding, remedying or mitigating long-term or significant short-term adverse effects on spawning and nursery areas of marine life, feeding and roosting areas of birdlife, and seal haul-out areas; (vi) ensuring that where an area of any particular habitat type is under pressure from resource use and development, appropriate areas of such habitat remain undisturbed elsewhere in the region; (vii) maintaining natural biodiversity.

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(b) not (either on its own or in combination with other uses and developments of the coastal marine area): (i) risk a significant regional or national decline of an indigenous species by adversely affecting populations (particularly breeding populations) of that species; nor (ii) cause a regionally or interregionally significant decline in fish or shellfish population numbers, species diversity or quality for human consumption.

Policy 3.1

Use, development and protection of the coastal marine area should: (a) allow existing established community uses, including utility structures, of the coastal marine area, and other lawfully established uses of the coastal marine area, that are consistent with the policies of this plan, to continue to be conducted; (b) not duplicate a function for which existing public facilities are adequate; (c) integrate, as appropriate, with the form and colour of the coastal environment (which in this case means the sea, foreshore and land backdrop and the way that these interact to provide the individual character of an area); (d) avoid, remedy or mitigate adverse effects on sites or areas of historical or cultural significance; (e) maintain or enhance the amenity values of the coastal marine area.

Policy 3.3

Regard will be had, in making coastal management decisions, to areas, places, objects or sites protected by the Historic Places Act 1993 and other areas, places, objects or sites with archaeological, historical, cultural or heritage values of regional or national importance.

Issue Five of the RCP recognises the relationship of tangata whenua with the coastal marine area, through the following relevant policies:

Policy 5.1

Procedures will be adopted which seek to recognise and accommodate the mana moana rights of iwi and hapu over their mahinga mataitai and other taonga in the coastal marine area and their role as kaitiaki within coastal management procedures, where appropriate and consistent with the purposes of the Act.

Policy 5.4

The adverse effects of activities on mahinga mataitai and kaimoana shall be avoided or mitigated to the fullest extent practicable.

Policy 5.6

Wahi tapu and other sites or features in the coastal marine area of cultural or historical significance to iwi o Taranaki shall be protected from the effects of resource use and development, as far as practicable.

Policy 5.7

Access to mahinga mataitai and areas of cultural or historical significance to iwi o Tangata whenua Taranaki within the coastal marine area shall be maintained or enhanced, except where restrictions are appropriate to achieve the purpose of the Act, the Regional Policy Statement for Taranaki and this plan.

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Policy 5.8

Opportunities for the incorporation of iwi customary knowledge about coastal resources or for using traditional methods as an alternative means of achieving sustainable management or protecting taonga in the coastal marine area, shall be considered and utilised where appropriate.

Policy 7.1

Coastal hazard protection works will be allowed only in relation to existing use or development of areas of the coastal environment in situations where the positive effects of allowing the works are significantly greater than the adverse effects. Determination of this will include a consideration of: (a) the probability of the works succeeding; (b) the public benefit from the use or development to be protected, in enabling the regional community to provide for its economic wellbeing, health and safety; (c) the regional and national significance of the use or development to be protected; (d) the effects of the protection works on the environment, including any change in the occurrence and rate of coastal erosion; (e) measures previously taken, including decisions as to the location of the use and development, to avoid the need for coastal hazard protection works; (f) alternatives to the development of coastal hazard protection works, and the reasons why those alternatives have not been proceeded with.

Policy 9.1

Waste reduction and treatment practices which avoid, remedy or mitigate the environmental effects of the direct discharge of contaminants into water will be required. In assessing proposals to discharge contaminants directly to water (either new discharges or renewals of existing discharges), matters to be considered will include: (a) the need to safeguard the life-supporting capacity of water and aquatic ecosystems of the receiving environment; (b) the allowance for reasonable mixing zones; (c) potential for cumulative or synergetic effects; (d) the effect on areas where shellfish are gathered for human consumption; (e) the degree to which the needs of other water users are, or may be, compromised; (f) the actual or potential risks to human and animal health from the discharge; (g) the actual or potential effects on amenity and heritage values including recreational values of the receiving environment; (h) the effect of the discharge on the natural state of the receiving water; (i) the cultural and spiritual values of tangata whenua; (j) measures to avoid, remedy or mitigate the effects of contaminants to be discharged; (k) the use of the best practicable option for the treatment and disposal of contaminants including, in the case of human sewage wastewater, the use of land disposal or wetland treatment.

Policy 9.3

Discharges of contaminants or water to water should: (a) be carried out in a way that avoids or mitigates significant adverse effects on marine biological community composition; (b) maintain or enhance, after reasonable mixing, water quality of a standard that allows existing community use of that water for recreation, fishing or kaimoana gathering to continue;

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(c) avoid, remedy or mitigate significant adverse ecological effects on estuaries or intertidal areas; (d) be of a quality that ensures that the size or location of the zone required for reasonable mixing does not have a significant adverse effect on community use of the coastal marine area or the life-supporting capacity of water and aquatic ecosystems.

Policy 9.5

After reasonable mixing, no discharge (either by itself or in combination with other discharges) may give rise to any significant adverse effects on habitats, feeding grounds or ecosystems.

Policy 13.1

Use or development of the coastal marine area should: (a) allow the free and safe passage of ships (including every description of boat or craft) to and from recognised launching, mooring or berthing areas; (b) not adversely affect the functioning of navigational aids; (c) allow people to have safe access to and along the coastal marine area; (d) allow people to make safe use of the foreshore and coastal waters for contact recreation; (e) avoid light emissions that could affect the safe navigation of ships; and (f) provide for appropriate notice to be made when the navigability of an area changes as a result of that use or development.

Policy 14.1 Public access along land of the Crown or land vested in the Taranaki Regional Council in the coastal marine area shall be maintained as far as is practicable in response to resource use or development. In this respect, any application for a coastal permit seeking rights of occupation shall include a consideration of alternatives to occupation rights and shall demonstrate how granting rights to occupy is the most appropriate course of action to take.

Regional Policy Statement for Taranaki

Issue 8.1 of the RPS recognises protecting the natural character of our coast, through the following relevant policies:

CNC Policy 1

Management of the coastal environment will be carried out in a manner that protects the natural character of the coastal environment from inappropriate subdivision, use, development and occupation and enhances natural character where appropriate.

In determining the natural character of the coastal environment, matters to be considered will include: (a) the degree of modification from a natural state; (b) the amenity values of the environment, which collectively give the coastal environment, which collectively give the coastal environment its natural character including rural amenity value; (c) the importance of landscapes, seascapes and landforms, including visually or scientifically significant geological features and wild and scenic areas; (d) the contribution of Taranaki’s historic heritage to the natural character of the coastal environment; (e) the degree to which the coastal environment provides for the continued functioning of ecological and physical processes including consideration of the diversity, productivity, variability and importance of marine ecosystems typical or representative of the region, and links between marine and terrestrial ecosystems;

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(f) the natural quality of water and air, indigenous biodiversity values; the characteristics of special spiritual, historical or cultural significance to tangata whenua; and (g) the degree of integration of human use, development and subdivision with the above components.

CNC Policy 2

The protection of the natural character of the coastal environment shall be achieved by having regard to the following criteria in determining appropriate subdivision, use, development or occupation of the coastal environment: (a) the degree and significance of actual and potential adverse effects on the natural character of the coastal environment, including cumulative effects, and the efficacy of measures to avoid, remedy or mitigate adverse effects; (b) the extent to which the subdivision, use, development or occupation recognise and provide for the relationship of tangata whenua and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga; (c) the degree to which adverse effects on those historic heritage values that can contribute to natural character can be avoided, remedied or mitigated; (d) the need for development or occupation to occur in the coastal environment; (e) where it is likely that an activity will result in significant adverse effects on the environment, any possible alternative locations or methods for undertaking the activity, and where the activity involves the discharge of any contaminant, any possible alternative methods of discharges; (f) the degree to which the subdivision, use, development or occupation will avoid adverse effects at non-coastal locations; (g) the degree of existing modification of the coastal environment from its natural character; (h) the degree to which the subdivision, use, development or occupation will disrupt natural processes or will be threatened by, or will contribute to, the occurrence of natural hazards, particularly coastal erosion; (i) the degree to which the subdivision, use, development or occupation can be accommodated near existing developments and in spatially compact forms and the extent of further modification of the natural character of the coastal environment through sprawling and sporadic development; (j) the provision of adequate services, particularly the disposal of wastes; (k0 the need to protect habitat (in the coastal marine area) of species including mobile species and those that are important for commercial, recreational, traditional or cultural purposes; (l) the benefits to the community of the use, development or occupation of the coastal marine area; (m) the degree to which financial contributions associated with any subdivision, use and development can be used to off set potential or actual unavoidable adverse effects arising from those activities; and (n) the benefits to be derived from the use and development of renewable energy sources, including national, regional and local benefits.

CNC Policy 4

Areas in the coastal environment of importance to the region will be identified and priority given to protection of the natural character, ecological and amenity values of such areas from any adverse effects arising from inappropriate subdivision, use and development. In the assessment of areas of importance, matters to be considered will include: (a) wetlands, estuaries or coastal lagoons and coastal turf, forest and shrublands of regional, national or international importance; (b) their importance for marine mammals or birds, invertebrates and lizards for breeding, roosting or feeding, or habitats of threatened indigenous bird species; (c) the existence of regionally or nationally outstanding ecosystems or communities or nationally threatened plant or animal species;

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(d) scenic sites and recreational sites of outstanding or regional or national significance; (e) historic heritage values, including archaeological sites of national or outstanding significance; (f) the existence of nationally significant or outstanding coastal and marine landforms, landscapes, scientific features and associated processes; (g) the cultural and spiritual values of tangata whenua; (h) wāhi tapu and sites of importance to tangata whenua; and (i) the existence of marine protected areas.

New Zealand Coastal Policy Statement 2010

Policy 23 (1) In managing discharges to water in the coastal environment, have particular regard to: (a) the sensitivity of the receiving environment; (b) the nature of the contaminants to be discharged, the particular concentration of contaminants needed to achieve the required water quality in the receiving environment, and the risks if that concentration of contaminants is exceeded; and (c) the capacity of the receiving environment to assimilate the contaminants; and (d) avoid significant adverse effects on ecosystems and habitats after reasonable mixing; (e) use the smallest mixing zone necessary to achieve the required water quality in the receiving environment; and (f) minimise adverse effects on the life-supporting capacity of water within a mixing zone.

(2) In managing discharge of human sewage, do not allow: (a) discharge of human sewage directly to water in the coastal environment without treatment; and (b) the discharge of treated human sewage to water in the coastal environment, unless: (i) there has been adequate consideration of alternative methods, sites and routes for undertaking the discharge; and (ii) informed by an understanding of tangata whenua values and the effects on them.

….

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Memorandum

To Consents and Regulatory Committee From Colin McLellan, Consents Manager Consent 0047-4.0 Job Manager Emily Roberts, Scientific Officer - Marine Ecology Document 1408065 Date 17 October 2017

Applicant Fonterra Limited Postal address PO Box 444, Hawera 4640 Site location Main South Road, Hawera 135 Hicks Road, Hawera Grid reference(s) 1712861E-5616233N (Tawhiti) 1715769E–5612503N (Tangahoe) Catchment Tangahoe No: 348.000 Tributary Tawhiti No 348.010 Review date(s) June 2021 and 5-yearly intervals thereafter Expiry date 1 June 2052

1. Introduction

1. Fonterra Limited (‘Fonterra’) lodged applications with the Taranaki Regional Council (‘Council’) to renew two resource consents to take a total of 30,000 m3 per day from two separate locations in the Tangahoe River catchment. The sites are on the Tawhiti Stream, at Whareroa Road, and on the Tangahoe River itself, at Hicks Road (Figure 1).

2. This taking has been authorised by two separate consents and applications were lodged for them to be renewed separately, however I have assessed them as a single activity (consent 0047) to take from the two locations.

3. The consents expired on 1 June 2015 but Fonterra lodged the applications to renew them more than six months before expiry. Therefore, section 124 of the Resource Management Act, 1991 (RMA) allows Fonterra to continue exercising the expired consents until processing of the renewal application is completed.

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4. Fonterra’s application was comprehensive. It included a summary assessment of environmental effects report1 (AEE) and technical reports covering specific aspects as listed below.

∑ Tawhiti Stream and Tangahoe River minimum flow requirements and assessment of ecological effects of flow abstraction, Jowett Consulting Limited 2014 (‘the Minimum Flow Report’) [Council document #1439861];

∑ Whareroa Resource Consents – Hydrological Assessment, Beca Carter Hollings & Ferner Ltd. 2015 (‘the Hydrology Report’) [Council document #1439870];

∑ Freshwater Ecological Investigations for Fonterra’s Whareroa Factory Re-Consenting, Stark Environmental, 2015 (‘the Ecology Report’) [Council document #1439864];

∑ Fonterra / South Taranaki District Council - Whareroa Coastal Outfall and Freshwater Discharges: Recreation and Tourism, Assessment of Effects, Rob Greenaway and Associates, 2013 (‘the Tourism Report’) [Council document #1439867];

∑ Renewal of Resource Consents to Enable Continued Operations of Fonterra’s Whareroa Milk Processing Plant: Assessment of Economic Benefits, Brown, Copeland & Co Ltd, 2014 (‘the Economic Report’) [Council document #1439869];

∑ Cultural Impact Assessment, Te Runanga o Ngati Ruanui Trust (‘the Ngati Ruanui CIA’) [Council document #1439871]; and

∑ Te Korowai o Ngāruahine Trust: Cultural and Environmental Impact Statement In relation to Fonterra Whareroa Dairy Factory and Hāwera WWTP reconsenting, eCoast marine consulting and research, 2015 (‘the Ngaruahine CIA’) [Council document #1630459].

5. This report includes my assessment of the application under the RMA. It also includes my recommendation that the consent be issued for a duration of 35 years, subject to conditions. The recommendation has been developed, and agreed, in discussion with Fonterra and the submitters.

1 Fonterra Whareroa Manufacturing Site and South Taranaki District Council Hawera Wastewater Treatment Plant – Assessment of Environmental Effects (Council document #1439852)

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Consent 0523: Fish & Game Consent 1091: Silver Fern Farms Consent 7610: Graham Lowe Protein (6.5 km)

Hawera Tawhiti take site Tawhiti @ Duffys’ flow site

Fonterra Whareroa Plant

Tangahoe take site & treatment plant

Consent 6430:Fonic Farms

Figure 1: General location map

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2. Background

6. The Fonterra Whareroa site was established in 1972 on a site of approximately 25 ha, and is one of the largest single site dairy factories worldwide. It processes up to 14.1 million litres of milk per day from a collection area covering primarily Taranaki, although some milk also arrives at the plant via rail from other lower North Island regions (Manawatu, Wairarapa and Hawkes Bay). The factory now produces the largest volume of dairy products from a single plant anywhere in the world.

7. The main factory site covers around 32 ha and consists of five milk powder driers manufacturing instant whole milk, skim milk and buttermilk powders, two cheese plants, a casein plant, a butter plant and a whey plant. The factory also includes a water treatment plant, milk tanker depot, stormwater collection sumps, cogeneration plant, laboratory, rail siding and product storage.

8. The site currently produces annually approximately 191,000 tonnes of milk powder (12% of Fonterra's national production), 89,000 tonnes of cheese (35%), 97,000 tonnes of butter (21%), 44,000 tonnes of protein products (38%) and 10,000 tonnes of lactic casein (19%).

9. The factory operates from July to May, with a two month non-operation period when individual processing plants are shut down, thoroughly cleaned, and necessary maintenance is carried out. During this period, a small amount of water continues to be taken to provide for sanitary uses as well as a small amount of cleaning within the processing plants.

10. The water intake on the Tawhiti Stream is located about 1.5 km north-east of the factory on the stream’s right bank. The “Duffys” flow recorder site is about 3.5 km downstream (Figure 1).

11. Fonterra constructed a new water intake, adjacent to the old one, on the Tangahoe River during the first half of 2016. It is located just downstream the rail bridge at the end of Hicks Road approximately 4.6 km from the factory. The intake is about 4 km upstream of the river mouth (Figure 1).

12. Consent 0047 to take water from the Tawhiti Stream was originally granted in 1987 for 9,000 m3/day. In 1991 the consent was changed to allow a take of 11,000 m3/day between 1 September and 1 March. This change included a condition requiring Fonterra to manage taking so that the stream flow did not drop below 50 L/s. The consent was renewed in 1992 for an additional 3,000 m3/day and expired 1 June 1996.

13. Consent 4508 was originally granted in 1994 allowing a take of 115 L/s from the Tangahoe River. This consent was to be used as an alternative when the Tawhiti take was restricted during low flow periods.

14. Both of these consents where renewed in 1996, when the Tangahoe take was increased bringing the maximum combined take from the catchment to 20,000 m3/day (231 L/s).

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15. In 1997, with the company merger that formed Fonterra and the resulting increased production, a further increase was allowed. When the consents expired in 2015, subject to some restrictions, Fonterra could take up to 16,000 m3/day (185 L/s) from the Tangahoe River and up to 30,000 m3/day (347 L/s) from the Tawhiti Stream provided the total abstraction did not exceed 30,000 m3/day.

16. In addition to the 50 L/s minimum flow, taking from the Tawhiti Stream was restricted to 184 L/s when the flow was less than 800 L/s, unless the Tangahoe River was too turbid (>150 NTU) when the full 347 L/s could be taken.

17. Annual compliance monitoring reports consistently show a grade of ‘high’ for consent compliance and environmental performance for both expiring consents.

3. Application detail

18. The renewal applications request the same maximum total take of 30,000 m3/day as allowed in the previous consents, and also include: ∑ a request that the full amount may be taken from either site, that is, the Tangahoe take is not limited to 16,000 m3/day; ∑ a reduced take of 184 L/s from the Tawhiti Stream when its flow is less than 800 L/s, unless the Tangahoe River is too turbid; ∑ a request to recognise ‘emergencies’ and allow minimum flow conditions to be waived for up to 48 hours during such events; ∑ recognition that the minimum flow on the Tawhiti Stream should be significantly higher than 50 L/s; and ∑ recognition that a minimum flow should be established on the Tangahoe River (there has been none previously).

19. The applications also include proposed consent conditions that Fonterra has offered in order to avoid, remedy or mitigate adverse environmental effects. In summary these are: ∑ intakes to have screens with specified maximum mesh sizes to prevent fish entering or being impinged; ∑ payment of annual financial contribution to mitigate environmental effects; ∑ measurement and recording of water taken and of downstream flows; and ∑ undertaking a water efficiency study to assess the overall water efficiency and identify and implement the best practicable options to improve water use efficiency.

20. The application included a requested consent duration of 35 years.

4. Water use

21. The Tangahoe and Tawhiti sites are the only sources of water for the Whareroa plant. The plant is not connected to a town supply. The application included an evaluation of alternate sources including, groundwater and town supply but there are no feasible alternatives.

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22. Water is primarily used for the processing of milk and washing the plant and tankers. A small amount of water is used for domestic purposes, this means that even when the plant is not receiving milk during the winter shut down, there is still a base level of water used at the site daily.

23. The demand for water increases prior to the delivery of milk in the spring. This is due to the plant coming online after the winter maintenance. The plant is cleaned and then commissioned running on water. Water use then increases as the milk supply increases. Water use typically plateaus out to a steady volume during the main period of the manufacturing season, but the highest rate of taking is during spring.

24. During spring when the milk volumes start to increase, milk is often transported to the Whareroa site from other Fonterra factories outside the Taranaki Region. This is due to calving beginning earlier in the north and once a factory is brought online it is more efficient to have it running at its full capacity as soon as possible. Fonterra schedules its manufacturing and milk deliveries to ensure the most efficient factories are running at peak capacity early in the season. For this reason the Whareroa site’s need for water is not always directly related to the level of milk being supplied from the Taranaki Region.

25. Figure 2 shows the total daily abstraction from July 2005 to June 2016. It shows that Fonterra regularly took the maximum allowance of 30,000 m3/day in 2008 but since then taking has only approached that amount during 2009 and 2014. In most recent years the maximum daily take has been about 25,000 m3/day.

5. Existing Environment

26. The Whareroa plant is located 2 km from the coast and 1.5 km south-east of Hawera (Figure 1). The plant is located on the border of the Tangahoe catchment and a small unnamed catchment. The surrounding land use is predominantly dairy farming.

27. The Tangahoe catchment has an area of about 300 km2. Its headwaters are located in the Eastern Hill Country on the north and east, while the western side originates from plains adjacent the Waingongoro catchment.

28. The Tawhiti Stream has a catchment area of around 50 km2 and originates from farm land between Eltham and Normanby. It flows to the Tangahoe River just upstream of State Highway 3 (Figure 1).

29. Due to the weak structure of the soils throughout the catchment, rivers and streams are prone to high sediment loads especially during storm events. The Tangahoe River has a turbidity of between 30 – 100 NTU, during high rainfall this can rise to over 400 NTU. Whereas, the Tawhiti Stream has a turbidity of typically less than 20 NTU, during heavy rainfall this can increase to over 70 NTU.

30. The Rotokare Scenic Reserve is located at the head waters of the Tawhiti catchment, 12 km east of Eltham. The 230 ha reserve consists of forested hill-country, extensive wetlands and a natural lake. The reserve has predator-proof fence spanning the entire perimeter. The reserve is home to many native species including kiwi, the lake also provides habitat for native eels and banded kokopu.

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Figure 2: Daily water use July 2006 to June 2016

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31. Appendix IA of the Regional Fresh Water Plan for Taranaki (RFWP) lists a number of streams and stream catchments with high natural, ecological and amenity values. The Tangahoe River is included, noted for its high recreational value (for whitebaiting).

32. Appendix IB of the RFWP lists a number of streams and stream catchments identified for enhancement of natural, ecological and amenity values and life supporting capacity. The Tawhiti Stream is included noting that it has a poor Macroinvertebrate Community Index (MCI).

5.1 Other consents

33. Besides Fonterra’s applications there are four other consents to take water from the Tangahoe River. The site of these consents is shown in Figure 1.

34. Fish and Game New Zealand (‘Fish and Game’) has a consent (0523) to take 11.4 L/s for a trout hatchery about 6.5 km upstream of Fonterra’s Tawhiti site. However, they discharge the water back into the stream immediately downstream of the hatchery.

35. Silver Fern Farms (1091) and Graeme Lowe (7610) both take water from the same intake. This site is also about 6.5 km upstream of Fonterra’s Tawhiti site. Between the two consents a maximum of 6,500 m3/day may be taken, however, 5,000 m3/day is used for cooling water and must be discharged back into the stream.

36. Fonic Farms Limited has a consent (6430) to take up to 55.2 L/s (4770 m3/day) for pasture irrigation from the lower Tangahoe River. This take is 2.8 km downstream of Fonterra’s intake.

37. There are 82 dairy discharges in the Tangahoe River catchment, 33 of these are in the Tawhiti subcatchment. Fifty (21 in the Tawhiti) discharge to land, either exclusively or primarily. The remaining discharges are to water after treatment in oxidation ponds, but will be required to discharge to land when the consent is next renewed.

38. There are 15 other discharges to water in the catchment. These discharges are mainly for stormwater to the Tawhiti Stream.

5.2 Hydrology

39. There is little hydrological information available for the Tangahoe River so flow statistics have been estimated by correlation with the flow record at the Whenuakura River. The Whenuakura River mouth is approximately 20 km south of the Tangahoe River mouth and has a similar catchment, having its headwaters in Matemateaonga Ranges then flowing across lower-lying farmland. The continuous flow record at the ‘Whenuakura River at Nicholson Road’ site commenced in 1983.

40. The Council gauged the flow of the Tangahoe River near Fonterra’s intake regularly since 2012. Fonterra’s Hydrology Report also presented five gaugings undertaken in 2014. Gauged flows were corrected by compensating for known taking upstream to determine the ‘natural’ flow. Table 1 below shows these flows.

41. Using the flows shown in Table 1 and their known relationship with flows in the Whenuakura River the Council estimated the mean annual low flow (MALF) of the

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Tangahoe River at Fonterra’s take site to be 978 L/s. This estimate is essentially the same as that in the Minimum Flow Report (972 L/s) but lower than that in Fonterra’s Hydrology Report.

Table 1: Flow gaugings on Tangahoe River corrected by adding known taking Gauged flow Corrected Flow Date (m3/s) (m3/s) 25-Jan-12 3.167 3.401 15-Mar-13 0.701 0.902 20-Sep-13 3.44 3.720 26-Feb-14 0.72 0.988 17-Mar-14 0.92 1.158 15-Jan-15 0.976 1.293 29-Jan-15 0.766 1.071 12-Feb-15 0.847 1.160 11-Mar-15 0.842 1.153 08-Oct-15 4.664 4.920 03-Dec-15 2.068 2.350 06-Jan-16 1.221 1.465 03-Feb-16 1.408 1.709 05-Jan-14 1.241 1.366 20-Feb-14 0.936 1.077 06-Mar-14 0.862 1.032 04-Apr-14 0.755 0.857 08-Apr-14 0.858 0.948

42. The relationship between flows referred to in paragraph 41 was also used to determine return periods for low flows in the Tangahoe River, shown in Table 22.

Table 2: Low flow return periods for Tangahoe River Low flow return period (yrs) Tangahoe Flow (L/s) 2 951 5 725 10 617 20 534 50 445

43. The Council has a flow recording station on the Tawhiti Stream (Tawhiti at Duffy’s) located at 3 km downstream of the Fonterra intake. This station was established in 1985.

2 The low flows shown are 30 L/s higher than indicated by the flow record to account for permitted activity takes

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44. Based on this record the Council has estimated MALF at the Duffy’s site to be 358 L/s. The record of upstream taking for much of the flow record has not been accurate so there is doubt about the proper correction for much of the record. In making its estimate the Council excluded a part of the record for this reason. Jowett’s estimate of MALF is essentially the same, at 360 L/s.

5.3 Ecology/ Fish Species

45. The fish species present are detailed in the Minimum Flow report.

46. NIWA’s freshwater fish database (NFFD) has 10 record sites for the Tawhiti Stream and 14 for the Tangahoe River.

47. Eel (longfin and shortfin) and Koura appear to be abundant in the Tawhiti Stream, with smelt and brown trout being common and rainbow trout and inanga considered rare.

48. The Minimum Flow Report presented an investigation that included sampling approximately 243 m2 of run and riffle habitat downstream of Fonterra’s Tawhiti Stream intake, which produced an average fish density of 5.9 fish per 100 m2. 60 m2 of upstream run and riffle habitat was also surveyed and produced a density of 4.9 fish per 100 m2. The report noted that, for elevations of 25 – 100m, streams in New Zealand have an average fish density of 33 fish per 100m2.

49. The distribution of those species identified on the NFFD suggests there are natural passage barriers in the Tawhiti Stream. One possible barrier is evident near the Duffy’s recorder site.

50. All 14 sites of the other sites within the catchment are located upstream of the confluence of the Tawhiti Stream and Tangahoe River. Redfin bullies, giant kokopu and banded kokopu where also recorded upstream of the Tawhiti Stream. It is likely these are present in the Tawhiti Stream as well.

51. Due to no NFFD sites near the Tangahoe intake, Jowett sampled 150 m2 of riffle habitat, with a total of 7 native fish being identified. This produced a fish density of 26 per 100 m2 which is well below the expected density of rivers below an elevation of 25m of 60 fish per 100m2.

52. As the streams around Fonterra’s intakes are naturally both well below the expected fish density of a stream of that altitude, due to a lack of pools and riffles, and the Minimum Flow report considers the current habitat value of these sites to be ‘not high’.

6. Statutory Acknowledgement

53. The Tangahoe River is a statutory acknowledgment of Ngati Ruanui. As such the Crown acknowledges the statement by Ngati Ruanui of the cultural, spiritual, historical, and traditional association of Ngati Ruanui with the Tangahoe River as set out below:

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Ngati Ruanui history informs us that the people of the Kahui Maunga (mountain people of the highest rank) inhabited the South Taranaki area prior to the arrival of the Aotea Waka. They in turn were vanquished and enveloped through warfare and intermarriage into the Aotea, Ruanui-a Pokiwa history. One of the areas in which these people were renowned to have flourished is known as the Tangahoe River and valley.

The late Ueroa (Charlie) Ngarewa, an elder of both Tangahoe and Ngati Hine descent, gave one version of the origin of the name Tangahoe. He said the name Tangahoe was given to the river because of an incident that occurred, in which the steering oar was lost from a large deep-sea fishing waka as it attempted to return to the Tauranga waka. The comment was made that “if there were 2 steering oars like that of the Waka Tipua of Turi Ariki, then the flight to its resting place would remain true”. Turi was the Ariki (Rangatira of highest rank) of the Aotea Waka.

Tangahoe: the steering oars of Turi Ariki.

The Tangahoe River has been a major supply of food and water resources to its people both prior to, and since, the arrival of the Aotea Waka. The valley, like the rest of the southern lands, was a fertile paradise. Because of the mild temperatures, it was without extremes and promoted lush vegetation that was checked only by the occasional equinoctial weather patterns. Birds such as manunui (which made its nests amongst the koromiko bushes), kereru (the food of nga Ariki), pukeko (the treasured species brought on the Aotea Waka), tiwaiwaka (the guardian left by Kupe), kahu (the sentinel), kakapo, kiwi, korimako, miromiro (the custodians of the forest), and pipiwharauroa (the heralder of the new year) flourished in the berry-filled trees, like the koromiko, kohia, hinau, piripiri, mamaku, and rewarewa at the side of the eel- and koura-filled creeks. Fish, such as the piharau, kokopu, tunaheke, patiki, and shellfish, were abundant in the waters and on the reefs at the mouth of the river.

During the time of internal warfare, the valley through which the river runs was a trap for the unwary. The many re-entrants and secondary valleys provided natural hiding and attacking areas and, if necessary, places of refuge.

To the people of Ngati Ruanui, all the rivers and their respective valleys are of the utmost importance because of their physical, spiritual, and social significance in the past, present, and future.

7. Regional Fresh Water Plan for Taranaki

54. The proposed take of water from the Tangahoe Catchment requires consideration against the objectives, rules and policies of the relevant statutory plans. The statutory plan relevant to this application is the Regional Fresh Water Plan for Taranaki (‘RFWP’). The RFWP has been operative since 2001.

55. The nature of the activity is such that it does not comply with Rule 15 of the RFWP which permits the taking and use of surface water. Therefore, the applications are discretionary activities under Rule 16 of the RFWP.

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8. Pre application consultation

56. Fonterra implemented a comprehensive consultation strategy as an important component of the consenting project. The consultation with interested parties, which began in March 2012 continued up until the lodgement of the applications, has: ∑ assisted in identifying the potential effects on the environment; ∑ enabled the avoidance of some potential effects on the environment; and ∑ assisted in the development of mitigation measures.

57. The consultation objectives were to: ∑ inform all interested parties of the proposal; ∑ create opportunities for discussion, allowing for better understanding of interested parties’ views; ∑ enable the community to develop informed views, decisions and responses; ∑ assist the refinement of the final proposal submitted for resource consent; and ∑ ensure ongoing open opportunities for communication.

58. All interested parties were provided with draft copies of the AEE and technical reports, to enable all parties to contribute in a timely way during the feedback and discussion process. The feedback has been used to shape the final technical reports and AEE, thereby addressing all the concerns raised by all parties.

59. The consultation occurred with the key stakeholder groups shown in Table 3.

Table 3: Parties consulted Stakeholder Groups Constituent parties Key Stakeholders ∑ Fish and Game NZ ∑ Department of Conservation ∑ Taranaki District Health Board ∑ Previous submitters ∑ Will Edwards (Edwards Whanau) Iwi ∑ Ngati Ruanui ∑ Nga Ruahine (Okaku Inuawai and Kanihi Umutahi hapu) Interest Groups ∑ Fishing and boating clubs ∑ Commercial Fishing ∑ Surfing community Neighbours Wider Community

60. Fonterra continued to consult during the consenting process and undertook to continue throughout the ongoing operation of the activities at the site.

61. Section 7 and Tables 7.2 and 7.3 of the AEE provide a summary of the consultation undertaken, including dates undertaken and the issues raised by the interested parties.

62. All of the issues raised during consultation were addressed in the application.

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9. Notification and submissions

63. The applications were public notified on 30 January 2016. Notice was served on 24 people as listed in Appendix I

64. Submissions were received from Fish and Game New Zealand (’Fish and Game’), Te Runanga O Ngati Ruanui Trust (‘Ngati Ruanui’) and Te Korowai o Ngāruahine Trust (‘Ngāruahine’). The submissions are summarised in the following paragraphs.

9.1 Submission from Fish and Game

65. The grounds for Fish and Game’s submission are that the Tawhiti Stream and Tangahoe River support populations of brown and rainbow trout. Details of its submission are in the following paragraphs.

66. The minimum flows proposed in the application, of 125 L/s and 450 L/s for the Tawhiti Stream and Tangahoe River respectively, are too low to provide appropriate protection for ecosystem health and the trout fishery values of Taranaki waterways.

67. The submission also states that Fish and Game also has an interest in the following aspects of the application: ∑ Fonterra’s proposed minimum flows during an emergency situation and what constitutes an emergency; ∑ The screening of water intakes, including mesh aperture, sweep and approach velocities and timeframes for installation; ∑ Monitoring of downstream flows (Tangahoe River); ∑ Water use efficiency study; ∑ Mitigation and financial contributions; and ∑ Monitoring, review and term of consent.

68. Fish and Game wished to be heard in support of the submission and states that it would be satisfied with the Council making a decision that includes: ∑ setting conditions which ensure that any actual or potential adverse effects of the activities are avoided, or remedied or mitigated; and ∑ setting MALF as the minimum flow in Tawhiti Stream and Tangahoe River downstream of the Fonterra water intake.

9.2 Submission from Ngati Ruanui

69. Ngati Ruanui made a submission opposing the applications. The submission is summarised in the following paragraphs.

70. The application is deficient, particularly around its assessment of Sections 6, 7 and 8 of the Resource Management Act.

71. Ngati Ruanui consider the health of both the Tawhiti Stream and Tangahoe River are significantly impacted by the water that is abstracted and results in an un-natural minimum flow rate, which undermines the ecosystem and health of the waterways. Ngati Ruanui note the increase in the minimum flow rate of the Tawhiti Stream to 125 l/s proposed but still consider the flow rate in both waterways to be too low to allow the ecosystem to recover and achieve long-term enhancement.

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72. The proposed minimum flow rates at the times of an emergency for both the Tawhiti Stream and Tangahoe River need accurate definition and condition setting to allow transparency; this is not evident in the application.

73. Ngati Ruanui does not agree with the Ecology and Minimum Flow reports provided with the application (assessing ecology and minimum flows). They believe the reports are ‘one dimensional’ drawing upon a western based model that does not take into account the central role in the culture, traditions and ongoing identity of Ngati Ruanui hapu to these waterways. Water is not only a source of food and physical sustenance, but also a source of mana and spiritual sustenance, being intricately linked to, and reflective of, the wellbeing of tangata whenua. Ngati Ruanui believes a combined and linked assessment would have been beneficial to determining what would be acceptable and sustainable for these important waterways.

74. While opposed to water abstractions Ngati Ruanui does understand the water requirements for the Whareroa site. Ngati Ruanui would be willing to explore the options of environmental off-setting, where an overall catchment approach to improving the ecosystem as a whole, in combination with discussion about acceptable minimum flow levels.

75. Ngati Ruanui wished to be heard in support of their submission and state that the submission would be satisfied with the Council making a decision that includes: ∑ a new monitoring regime, “mauri model”, which includes an iwi/hapu led environmental assessment alongside mainstream western techniques; ∑ a combined monitoring panel; and ∑ the inclusion of up to 2 iwi independent initiated inspections of key aspects of each of the principal consents relating to water abstraction in any one 12 month period.

9.3 Submission from Ngāruahine

76. Among other reasons Ngāruahine made a submission on the application to highlight, from a cultural perspective, the potential and actual effects of current and proposed activities on Ngāruahine iwi and hapu interests.

77. Ngāruahine is concerned about the effects of potentially unsustainable flow rates, given the absence of qualitative measures for the proposed level of water abstraction from the Tawhiti Stream.

78. Ngāruahine would appreciate the opportunity to contribute to discussions relating to, but not limited to: ∑ the proposed minimum flow for the Tawhiti Stream; and ∑ monitoring, review, evaluation and term of consent.

79. Ngāruahine will support the application by Fonterra provided the conditions for the resource consents for which approval is being sought, resolves, mitigates or avoids potential or actual adverse or unintended effects, including potentially unsustainable minimum flow rates in the Tawhiti Stream.

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80. The Ngāruahine submission explicitly acknowledged the status of Ngati Ruanui as tangata whenua and their exercise of manawhenua over the area in which the consents apply.

81. Ngāruahine wished to be heard in support of their submission.

10. Pre-hearing process

10.1 Pre-hearing meeting

82. A pre-hearing meeting was held on 21 April 2016. Those present at the meeting are listed below. Fred McLay Taranaki Regional Council (Chair) Colin McLellan Taranaki Regional Council Victoria Araba Taranaki Regional Council Ryan Park Fonterra Michelle Dwyer Fonterra Lauren Wallace Fonterra (Legal Counsel) Cassandra Crowley Ngāruahine David Moore Ngāruahine Ngapari Nui Ngati Ruanui Graham Young Ngati Ruanui Allen Stancliff Fish and Game.

83. Before the meeting, and with the prior agreement of the parties, the Council had circulated a draft of conditions that could be included on any consent issued. These conditions were based substantially on those offered in the application and provided a focus for the discussion.

84. The main issues outstanding at the end of the meeting were:

∑ consent duration; ∑ the amount of water taken from each source during low flows; ∑ the specifics of how Iwi could be involved in consent monitoring; ∑ the appropriate minimum flow at each site; and ∑ the size of the financial contribution necessary to appropriately mitigate environmental effects.

85. The meeting concluded with an agreement that Fonterra would amend the conditions offered from those provided with the application, based on the pre-hearing meeting discussion. The redrafted conditions would be provided to the parties with a view to discussing them at another meeting.

10.2 Agreed conditions and resolution of submissions

86. In an effort to address submitter’s concerns, Fonterra prepared a revised set of conditions which it was prepared to volunteer. After obtaining agreement in principle from the Council for the conditions Fonterra provided them to the submitters on 26 July 2016. The main changes are described in the following paragraphs.

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87. Fonterra’s revised conditions included the proposal to raise the minimum flow on the Tawhiti Stream and reduce it on the larger Tangahoe River. This modification results in a greater proportion of the total take coming from the Tangahoe River.

88. The revised conditions also include a formal process for involvement of Iwi in the consent throughout its duration. This involvement occurs through a Kaitiaki Reference Group and a Tangata Whenua Involvement Plan.

89. After some further discussion and modification to the detail of the proposed conditions Fonterra advised the Council in July 2017 that the conditions had been agreed. Subsequently all submitters formally withdrew their request for a hearing.

11. Assessment of effects

90. The effects of the application must be assessed against the existing environment. The existing environment which is described above includes the consented and permitted activity takes from the river.

91. The potential effects of taking and using water are generally those resulting from reduced flows and include: ∑ effects on ecology e.g. from less, or reduced quality habitat; ∑ reduced water quality, e.g. increased temperature and decreased contaminant dilution; ∑ direct effects on fish from being taken into the intake or trapped against the screen; and ∑ Maori cultural effects.

92. The adverse effects of reduced flow, including its effects on water quality, are largely avoided and generally mitigated by ensuring that adequate flow remains in the stream. This is typically achieved by ensuring that the total allocation from the stream is not too high, and by restricting taking, or stopping it completely, during low flow periods.

93. The direct effects of the intake on fish are avoided by ensuring that the intake has a screen with intake and screen velocities that are not too high for fish to swim against.

94. Adverse effects on the Maori cultural aspects are also largely addressed by avoiding the direct effects noted above. However, any evaluation of cultural effects must include the broader aspects that result from the river being a source of mana and spiritual sustenance, being intricately linked to, and reflective of the wellbeing of tangata whenua.

11.1 Effects of flow reduction

95. Appendix II (page 37) includes tables showing the effects of Fonterra taking 184 L/s from the Tawhiti Stream and 210 L/s from Tangahoe River, when both sites are at MALF. The two sites have very different hydrological characteristics so it is unlikely they would be at MALF simultaneously, but it is a reasonable assumption for the purposes of demonstrating effects on flow.

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96. Under this scenario 142 L/s (40% of MALF) would remain at the Duffy’s Farm site and 520 L/s (53% of MALF) at the Tangahoe River mouth. During a 1 in 10 year low flow, with Fonterra taking its maximum, there would be 231 L/s (37% of MALF) remaining downstream of its Tangahoe River intake. However, Fonterra’s highest take generally occurs during the spring and early summer whereas extreme low flows do not generally occur until late summer. It is therefore unlikely that a 10 year low flow would coincide with peak water use.

97. The Council’s general policy3 is that, subject to some other matters4, to avoid and generally mitigate the adverse effects of taking surface water, the flow remaining should retain 67% of the habitat that exists at MALF.

98. The relationship between flow and habitat, varies significantly between species. Therefore it is generally a simplification to refer to ‘percentage habitat’ without identifying the relevant species, or having confidence that the species is evident from the context. This habitat flow relationship was first identified for brown trout and for ‘food producing’ species, and the Council’s minimum flow policy was based on these species and those relationships.

99. Appendix III (page 39) is reproduced from the Minimum Flow Report and separately shows the habitat of 13 species that is retained by a range of flows in the Tangahoe River. It shows that, in general, the available habitat decreases as flows get lower than MALF, but for some species it remains steady and for others (e.g. redfin bully and shortfin eel) the available habitat increases and is at its maximum at about 30% of MALF.

100. The application, represented by the agreed conditions, proposes that taking be allowed to reduce the Tangahoe River flow to 300 L/s, provided that it is not less than 450 L/s on more than 21 days in any July to June period.

101. Appendix III shows that a flow of 300 L/s retains at least 40% of MALF habitat for all species except food producing species and torrentfish. At 450 L/s at least 70% is retained for all except these species and for adult brown trout.

102. The minimum flow of 240 L/s proposed for the Tawhiti Stream retains a little less than 2/3 MALF habitat (about 60%) for brown trout but significantly more than that for all other species.

11.2 Potential for fish entrainment in the intake

103. Fonterra has recently constructed a new intake on the Tangahoe River with screens designed to avoid fish entrainment. A similar new intake is proposed for the Tawhiti Stream.

33 Policy 6.1.4 RFWP (see paragraph 133 and Appendix II) 4 Set out in Policy 6.1.3 RFWP

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11.3 Maori Cultural Effects

104. The cultural effects on Ngati Ruanui and Ngāruahine relate to the direct ecological effects of taking water, generally as described above, but have a significant added dimension resulting from their relationship with the river. That relationship is based on the fact that the river has sustained the Iwi, and the Iwi have been kaitiaki, for many centuries. The Iwi attain mana from this relationship, and degradation of the river and reduced kaitiaki opportunities over recent history has diminished that mana.

105. These effects are therefore mitigated by properly and actively involving the Iwi in the consenting process and the ‘life’ of the consent. This is to be achieved by the formation of a ‘Kaitiaki Group’ and development of a ‘Tangata Whenua Involvement Plan’.

12. Statutory Assessment

12.1 Sustainable Management (Part 2 of the RMA)

106. Part 2 of the RMA is called ‘Purpose and Principles’ and comprises sections 5, 6, 7 and 8.

107. Section 5 of the RMA states that the purpose of the RMA is to promote the sustainable management of natural and physical resources. ‘Sustainable management’ means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while: a) sustaining the potential of natural resources to meet the reasonably foreseeable needs of future generations; b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and c) avoiding, remedying and mitigating adverse effects of activities on the environment.

108. The taking and using water is essential to the operations of the Fonterra’s business and as such makes a significant contribution to providing for the social and economic well-being of the people and communities generally and to New Zealand as a whole.

109. The taking has some adverse environmental effects, which are discussed elsewhere in this report. These effects must be appropriately avoided, remedied or mitigated and this can be achieved by efficient water use and appropriate consent conditions.

110. In achieving sustainable management, section 6 of the RMA requires specified matters of national importance to be recognised and provided for. Of particular relevance to the application are: a) the preservation of the natural character of the coastal environment, wetlands, and lakes and rivers and their margins, and the protection and of them from inappropriate subdivision, use and development (section 6(a)); b) protection of significant habitats of indigenous fauna (section (6c)); and

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c) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga (section 6(e)).

111. The natural character of the Tangahoe River and Tawhiti Stream is provided by features including their setting, form and other visual characteristics. Some of the rivers’ natural character is related to the flow.

112. In the context of taking from a river, habitats of indigenous fauna are protected by ensuring that the proportion of flow taken is not excessive and, at all times, sufficient flow is retained downstream of the taking for ecosystem health.

113. The Tangahoe River is very significant to Ngati Ruanui and to Ngāruahine and they have been involved throughout the application process and have had a significant influence on the outcome.

114. In achieving sustainable management Section 7 of the RMA also specifies matters that the Council must have particular regard to. The matters relevant to this application are: a) kaitiakitanga (section 7(a)); b) the ethic of stewardship (section 7(aa)); c) the efficient use and development of natural and physical resources (section 7(b)); d) the maintenance and enhancement of amenity values (section 7(c)); e) the intrinsic value of ecosystems (section 7(d)); f) the maintenance and enhancement of the quality of the environment (section 7(f)); and g) protection of the habitat of trout and salmon (section 7(h)).

115. The recommendation has been developed while having particular regard to these matters.

116. In achieving sustainable management Section 8 of the RMA also requires the principles of the Treaty of Waitangi to be taken into account. The principles of the treaty include partnership, mutual benefit and active protection. Fonterra recognises these principles and has engaged with Iwi throughout the application process. I have taken the principles of the Treaty of Waitangi into account.

12.2 Consideration of application (section 104)

117. Subject to Part 2 of the RMA, when considering an application for a resource consent, the Council must have regard to: a) any actual and potential effects on the environment of allowing the activity; and b) any relevant provisions of: i) National Policy Statement for Fresh Water Management (FWNPS); ii) Regional Policy Statement for Taranaki (RPS); iii) RFWP; and c) any other matter the consent authority considers relevant and reasonably necessary to determine the application.

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118. The actual and potential effects on the environment have been assessed in section 11 of this report. The provisions of the RPS and relevant regional plans are discussed below.

119. Section 104(2A) requires that when considering an application for a renewal of consent, the Council has regard to the value of the investment of the existing consent holder. Fonterra has a very large investment that is dependent on the renewal of this consent.

12.3 Regional Policy Statement

120. The RPS has been operative since January 2010 and provides the basis for the management of natural and physical resources in Taranaki. The RFWP is consistent with the RPS and provides more specific policies necessary to appropriately manage Taranaki’s natural resources. Therefore, by having regard to the RFWP I have also had regard to the RPS.

121. However, being more recent, the RPS has some objectives and policies that are relevant to this application, and may not be reflected in the RFWP. Specifically these are WAL Policy 5 (relating to effects of new takes on existing takes) and WAL Policy 6 (endorsing the first in first served principle in water allocation).

122. The water allocation objectives and policies of the RPS are shown in Appendix IV

12.4 Regional Fresh Water Plan

123. I have had regard for the relevant policies of the RFWP, specifically those listed below. ∑ Policies 3.1.2 and 3.1.4 – relating to protection and enhancement of natural, ecological and amenity values of fresh water; ∑ Policies 4.1.1 to 4.1.3 – relating to recognising and providing the culture and traditions of Tangata Whenua; ∑ Policy 5.1.1 – relating to enabling appropriate use and development of fresh water; ∑ Policies 5A.2.1 and 5A.2.2 – relating to avoiding adverse effects on the life- supporting capacity of freshwater. ∑ Policies 6.1.3 to 6.1.6 – relating to allocating water and managing the adverse of taking and using surface water.

124. These policies and their associated objectives are shown in Appendix V.

125. The policies, while requiring consideration of effects on such matters such as ecology, amenity, Maori culture and traditions, are generally about allowing for the appropriate use of fresh water while avoiding, remedying or mitigating adverse environmental effects. Policies that are particularly relevant to these applications are discussed in the following paragraphs.

126. Policy 3.1.4 identifies rivers and streams where high natural, ecological and amenity values will be maintained and enhanced as far as practicable or remedied or

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mitigated. The Tangahoe River is included noting that it has high recreational value for whitebaiting.

127. Policy 3.1.5 identifies rivers and streams which will be enhanced as far as practicable. The Tawhiti Stream is included noting that it has a poor MCI.

128. Policy 5.1.1 is that when managing the use and development of fresh water the Council will recognise, the positive benefits of the use, the existing uses of any physical resources that have a specific-use purpose, the effects on existing lawfully established activities and the need for all activities to avoid, remedy or mitigate adverse environmental effects in accordance with the objectives and policies of this plan.

129. Using the water as proposed results in significant economic benefits and the continued taking recognises the existing use of resources such as the significant infrastructure that is in place.

130. Policies 5A.2.1 and 5A.2.2 are transitional policies of the FWNPS. In this case they relate to the change in character, intensity or scale of the activity when compared to the expiring consent and require the Council to have regard to the extent to which the change would adversely affect safeguarding the life-supporting capacity of fresh water and of any associated ecosystem.

131. These policies also require the Council to have regard to the extent to which it is feasible and dependable that any adverse effect on the life-supporting capacity of fresh water and of any associated ecosystem resulting from the change would be avoided.

132. The new consent, recommended in this report, would authorise taking of the same amount of water as the expiring consents. There is therefore no significant change.

133. Policy 6.1.3 notes matters that the Council will have particular regard to when allocating water. These matters include: ∑ the natural, ecological and amenity values of the water body; ∑ the relationship of Tāngata Whenua with the water body; ∑ the effects of water levels and flows on water quality; ∑ the hydrological characteristics of the catchment including flow variability, flow recession characteristics and the relationship to groundwater recharge; and ∑ the extent to which the adverse effects of the taking and use of water can be avoided, remedied or mitigated.

134. Policy 6.1.4 requires that, subject to the matters specified in policy 6.1.3 above, at least 2/3 of the habitat that exists at MALF is retained in the Tawhiti Stream and Tangahoe River. These matters have been considered in the setting of minimum flows and been agreed to by submitters.

135. Policy 6.1.5 specifies matters the Council will consider when assessing resource consent applications: These matters include: ∑ the need to ensure that surface water is available for reasonable domestic needs, stock drinking water requirements, and fire fighting purposes; ∑ the need for the volumes of water sought; ∑ the need to use water efficiently and with a minimum of waste;

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∑ what alternative sources of water or water collection or storage methods have been considered; and ∑ maintenance of minimum flows and reduction or suspension of takes.

136. Policies 6.1.3 to 6.1.5 were major considerations in developing the recommendations and are discussed elsewhere in this report.

137. Policy 6.1.6 promotes the conservation and efficiency of use of the surface waters. Fonterra will undertake water efficiency investigations at 5-yearly intervals.

13. Financial Contributions

138. With the adverse environmental effects of reduced habitat being unavoidable, those effects must be remedied or mitigated. The most appropriate method of achieving this appears to be a financial contribution for the purpose of environmental enhancement to mitigate or offset these effects.

139. The RFWP, in Section 9, specifically documents the Council’s use of financial contributions. It states that financial contributions may be required for various purposes, including for the purposes of ensuring positive effects on the environment, to offset any adverse effects. Financial contributions may also be required to mitigate adverse effects on the environment, of use and development (environmental compensation). The use of financial contributions has been a feature of resource management in the region over a number of years.

140. Fonterra offered a financial contribution of $10,000 per year. The recommended conditions specify that amount for each year of the consent, that is, $350,000 over the life of the consent. This allows of some flexibility to provide for larger payments in the early years.

141. The money would be collected by the Council, and used for specific environmental enhancement projects within the Tangahoe River catchment that have been agreed to by the Kaitiaki Group and the Chief Executive including, but not limited to: a) Riparian planting and fencing of waterbodies; b) Enhancement, fencing and protection of wetlands; c) Enhancement of the native fishery; d) Enhancement of the Tangahoe River mouth/estuary; and e) Removal of fish barriers.

Fonterra would prepare a report annually that details how the contributions have been spent.

14. Summary and conclusions

142. The application is for consent to take water from the Tawhiti Stream and the Tangahoe River. It replaces separate consents to take from each site that expired in 2015. The total rate of taking (30,000 m3/day) is the same as was authorised by the expired consents. However, under this consent there will be more water taken from the Tangahoe site and less from the Tawhiti.

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143. After public notification submissions were lodged by Ngati Ruanui, Ngāruahine and Fish and Game. The submissions primarily related to minimum flow, monitoring, efficiency of use and cultural effects.

144. The recommendations of this report, including the conditions, have been developed and agreed in discussion between Fonterra, the Council and submitters.

145. An important feature of the recommended conditions is the requirement to develop a ‘Tangata Whenua Involvement Plan’ and establish a ‘Kaitiaki Group’. The purpose of these is to provide a vehicle for the Iwi to have appropriate involvement in the administration of the consent.

146. Processing of dairy products at the Whareroa site makes a major contribution to the Taranaki and New Zealand economy. It employs 1450 people and produces 17% of New Zealand’s milk products. As such it plays a significant role in enabling people and communities to provide for their social, economic and cultural wellbeing, and a secure water supply is essential for that. The consent therefore needs to be exercised even during extreme low flows.

147. Allowing the taking to occur at very low flows will result in some adverse effects that will be mitigated by a financial contribution involving undertaking environmental enhancement projects in the Tangahoe River catchment. Projects would involve work such as removing fish barriers and protecting wetlands. They would be funded by Fonterra, by way of financial contributions and agreed by the Kaitiaki Group and the Council.

148. The recommended conditions also require preparation of a: a) Monitoring Plan to determine compliance and environmental effects; and b) Low Flow Contingency Plan to identify ways of reducing water needs when the Tangahoe River flow is less than 450 L/s.

149. A Water Efficiency BPO Report to identify ways of improving water use efficiency is recommended, and provides for a review of consent conditions to implement efficiencies identified.

150. In summary, granting this application as recommended is consistent with the RPS, Regional Plans and promotes sustainable management.

15. Duration and review

151. The application requested a consent duration of 35 years and that was accepted by all the parties.

152. The recommendation provides for the conditions to be reviewed at 5-yearly intervals to deal with any unforeseen adverse environmental effects, improving water use efficiency or increasing a minimum flow in specific circumstances.

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16. Monitoring

153. The recommended conditions require Fonterra to develop a comprehensive Monitoring Plan. This Plan will identify the techniques, methodologies and procedures that will be employed to acquire data in relation to, and monitor compliance with the conditions of the consent, and the effects of the taking on habitat values, macroinvertebrate communities and native fish populations.

17. Consent conditions

154. The special conditions recommended are reasonably necessary to avoid, remedy or mitigate adverse environmental effects and to ensure that the nature and scale of the activity is consistent with the application and the assessment of environmental effects presented.

155. Specific reasons for each special condition are included in the Condition Analysis Table attached.

156. Fonterra, submitters and the Council have agreed to the conditions recommended.

18. Recommendation That consent 0047-4.0, to take water from the Tawhiti Stream and the Tangahoe River for the purposes of processing and manufacturing dairy products, cleaning of plant, cooling, domestic use and for a co-generation plant, be approved for a period to 1 June 2052, subject to the following conditions:

General condition

Special conditions

Rate of taking 1. The total amount of water taken from the Tawhiti Stream and the Tangahoe River in any 24 hour period ending at 6.00am (New Zealand Standard Time) shall not exceed 30,000 cubic metres.

2. When the flow in the Tawhiti Stream is less than 800 litres per second, as measured at the ‘Tawhiti at Duffys’ flow recorder site (Grid Ref NZTM 1714275-5615594), the rate of taking from the Tawhiti Stream shall not exceed 184 litres per second, unless the turbidity of the Tangahoe River at the take site (Grid Ref NZTM 1715770- 5612494) is greater than 850 NTU, then the rate shall not exceed 347 litres per second.

Advice Note:

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For the avoidance of doubt, this condition does not limit the amount of water that may be taken from the Tangahoe River, provided the amount does not exceed 30,000 cubic metres in accordance with condition 1.

Minimum flows 3. Except as provided for by conditions 4 and 5, no taking shall occur: (a) when the flow immediately downstream of the Tangahoe River take site is less than 450 litres per second; or (b) from the Tawhiti Stream when the flow, as recorded at the ‘Tawhiti at Duffys’ flow recorder site, is less than 240 litres per second.

4. On no more than 21 days during any period commencing 01 July and ending 30 June of the following year, taking may occur from the Tangahoe River if its flow is between 300 litres per second and 450 litres per second.

5. During an emergency situation, taking in accordance with condition 1 may occur for a period not exceeding 48 hours from the:

(a) Tawhiti Stream when the flow at the ‘Tawhiti at Duffys’ flow recorder site is more than 50 litres per second; and (b) Tangahoe River when the flow immediately downstream of the intake is more than 273 litres per second.

For the purposes of this condition, an emergency situation is the inability of the consent holder to take, pump, or treat the water taken, due to an event beyond the control of the consent holder, including: failure of power supply; contamination of river water, and damage to infrastructure (pumping station, pipeline, treatment plant).

6. On each occasion that condition 5 is exercised, the consent holder shall within seven working days of the emergency ceasing provide a written report to the Chief Executive, Taranaki Regional Council giving reasons for the emergency, the volumes of water abstracted, the minimum flows that occurred, the water conservation measures adopted during the emergency and any measures that can be adopted to prevent a reoccurrence. A copy of each report shall also be provided to Tangata Whenua and Fish & Game New Zealand (Taranaki).

7. The consent holder shall ensure that the flow in the river downstream of each take site is measured and recorded at intervals not exceeding 15 minutes to an accuracy of +10% for flows less than:

(a) 2000 litres per second for the Tangahoe River; and (b) 1000 litres per second for the Tawhiti Stream.

Advice Note: For the avoidance of doubt, the river flow gauging stations downstream of each take site, and any associated data telemetry, is owned and operated by the Taranaki Regional Council. This flow data shall be provided to the consent holder so it can manage the takes from each take site in accordance with the conditions of this consent.

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Installation of Monitoring Equipment and Screens 8. Before exercising this consent the consent holder shall:

(a) install, and thereafter maintain a water meter and a datalogger at each site of taking (or a nearby site in accordance with Regulation 10 of the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010. Water meters and dataloggers shall be tamper-proof and shall measure and record the rate and volume of water taken to an accuracy of ± 5% at intervals not exceeding 15 minutes;

(b) install, and thereafter maintain equipment that records the turbidity of the Tangahoe River at the take site to an accuracy of ± 5% at intervals not exceeding 15 minutes;

9. Within two years of the commencement date of this consent, the consent holder shall install screens on each water intake structure for the purpose of preventing fish from entering the intake. The screens shall have a mesh aperture not exceeding 2 mm and the sweep velocity shall exceed the approach velocity.

10. Within 30 days of the commencement date of this consent, the consent holder shall provide the Taranaki Regional Council with a document from a suitably qualified person certifying that the water meter and datalogger at each site of taking required by condition 8(a) of this consent:

(a) has been installed and/or maintained in accordance with the manufacturer’s specifications; and/or (b) has been tested and shown to be operating to an accuracy of ± 5%.

The documentation shall also be provided: (c) at other times when reasonable notice is given by the Chief Executive, Taranaki Regional Council who has reasonable evidence that the equipment may not be functioning as required by this consent; and (d) no less frequently than once every five years.

Monitoring and Management Plans 11. The consent holder shall prepare, implement and comply with its obligations under all plans required by the conditions of this consent.

Tangata Whenua Involvement Plan

12. Within 3 months of the commencement date of this consent, the consent holder shall prepare and submit to the Taranaki Regional Council a Tangata Whenua Involvement Plan (“TWIP”). The TWIP shall be developed in consultation with Te Runanga o Ngati Ruanui Trust and Te Korowai o Ngaruahine Trust (collectively referred to as “Tangata Whenua” for the purposes of this consent).

13. The purpose of the Plan is to recognise Tangata Whenua’s kaitiakitanga responsibilities and to identify the process and extent of involvement by Tangata Whenua in:

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(a) the development, implementation and review of the Monitoring Plan (condition 16) and Water Efficiency BPO Report (condition 24); (b) the development and implementation of environmental enhancement projects in accordance with condition 25. (c) monitoring the conditions of this consent. (d) the establishment of a Kaitiaki Group.

14. As a minimum the TWIP shall detail:

(a) Development of Plans - A process for Tangata Whenua to have input into and provide feedback to the consent holder and Taranaki Regional Council on the development of the Monitoring Plan (condition 16) and Water Efficiency BPO Report (condition 24) prior to each being lodged with the Taranaki Regional Council.

(b) Implementation and review of Plans - A process for Tangata Whenua to have input into and provide feedback on the implementation and reviews of: (i) the Monitoring Plan; (ii) monitoring of the effects of the takes; (iii) the Annual Performance and Data Summary Reports; and (iv) the Water Efficiency BPO Report.

(d) Kaitiaki Group - A process to establish and maintain a Kaitiaki Group (KG), which shall include: (i) the process by which the Taranaki Regional Council, Te Runanga o Ngati Ruanui Trust, Te Korowai o Ngaruahine Trust and the consent holder will be invited to become members of the KG; (ii) the process by which membership may be amended and advisers appointed and/or engaged by the KG; (iii) the terms of reference for the KG, which shall be: ∑ the conditions of this consent and their implementation; and ∑ the environmental enhancement projects to be carried out pursuant to condition 25; (iv) the way the KG will operate, including frequency of meetings and methods of communication between members; and (v) the reasons the KG may cease to function and the process for that.

15. The consent holder may review and amend the TWIP from time to time in consultation with Tangata Whenua. A copy of the amended plan shall be provided to the Taranaki Regional Council.

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Monitoring Plan

16. Within 6 months of the date of commencement of this consent, the consent holder shall ensure a Monitoring Plan is prepared. The purpose of the Monitoring Plan is to identify the techniques, methodologies and procedures that will be employed to acquire data in relation to, and monitor compliance with the conditions of this consent, and the effects of the taking authorised by this consent on: (a) instream habitat values and macroinvertebrate communities within the Tawhiti Stream and Tangahoe River; and (b) native fish populations within the Tawhiti Stream and Tangahoe River.

Advice Note: The Taranaki Regional Council assumes responsibility for the preparation and implementation of the Monitoring Plan for annual compliance purposes.

17. The consent holder shall provide a copy of the Monitoring Plan to Fish and Game New Zealand for comment prior to it being approved by the Taranaki Regional Council.

18. At all times, the consent holder shall implement and comply with those aspects of the Monitoring Plan that the consent holder is responsible for (as detailed in the Monitoring Plan).

Low Flow Contingency Plan

19. Within 6 months of the commencement date of this consent, the consent holder shall prepare a Low Flow Contingency Plan and provide a copy of the plan to the Taranaki Regional Council, Tangata Whenua and Fish and Game New Zealand. The purpose of the Low Flow Contingency Plan is to identify the techniques, methods and procedures that will be employed by the consent holder to reduce the amount of water taken from the Tawhiti Stream and Tangahoe River to the greatest extent that is practicable during periods when the flow downstream of the Tangahoe River take site is between 300 litres per second and 450 litres per second and abstraction is occurring in accordance with conditions 4 and 5.

Reporting 20. Within 6 months of the commencement date of this consent, the consent holder shall begin recording turbidity, the volumes of water taken and river flow in accordance with the conditions of this consent. The records taken shall: (a) be in a format that, in the opinion of the Chief Executive, Taranaki Regional Council, is suitable for auditing; (b) specifically record the water taken as ‘zero’ when no water is taken; (c) be transmitted to the Taranaki Regional Council’s computer system within 2 hours of being recorded.

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21. If any measuring or recording equipment required by the conditions of this consent, which is owned and operated by the consent holder, breaks down, or for any reason is not operational, the consent holder shall advise the Chief Executive, Taranaki Regional Council as soon as is reasonably practicable after the consent holder becomes aware of the breakdown or malfunction, by emailing [email protected]. Any repairs or maintenance to the equipment must be undertaken by a suitably qualified person.

22. All measuring or recording equipment required by the conditions of this consent shall be accessible to Taranaki Regional Council officers at all reasonable times for inspection and/or data retrieval. In addition the data logger shall be designed and installed so that Taranaki Regional Council officers can readily verify that it is accurately recording the required information.

Annual Performance Data Summary Report

23. Each year by 31 August, the consent holder shall prepare an Annual Performance Data Summary Report and provide a copy of the report to the Chief Executive, Taranaki Regional Council. The Annual Performance Data Summary Report shall relate to the preceding 12 month period ending 30 June and summarise:

(a) Data relating to the performance of major components within the water take systems and compliance with the conditions of this consent; and (b) Any results of monitoring undertaken in accordance with the Monitoring Plan.

Water Efficiency BPO Report

24. Before 1 June 2021 and at 5 yearly intervals thereafter, the consent holder shall undertake a water efficiency study that assesses the overall water use efficiency on site, identifies the best practicable options (“BPO”) to improve water use efficiency and makes recommendations about the implementation of any BPOs. The study shall also include a review of hydrological records to determine whether the minimum flows specified in conditions 3(a), 4, 5 and 19 should be increased. The consent holder shall then prepare a Water Efficiency BPO Report which summarises the study and its findings and recommendations and provide a copy of it to the Chief Executive, Taranaki Regional Council, Tangata Whenua and Fish and Game New Zealand within 30 working days of the study being completed.

For the purposes of the consent, best practicable option means the best method for preventing or minimising the adverse effects on the environment having regard, among other things, to— (a) the nature of the taking and the sensitivity of the receiving environment to adverse effects; and (b) the financial implications, and the effects on the environment, of that option when compared with other options; and (c) the current state of technical knowledge and the likelihood that the option can be successfully applied.

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Financial Contributions 25. The consent holder shall make a $10,000 (plus GST and adjusted for inflation) payment to the Taranaki Regional Council for each year of this consent as a financial contribution for the purpose of mitigating the adverse environmental effects of the taking. The first payment shall be made within 30 days of the commencement date of this consent and subsequent payments shall be made annually before 1 September.

26. The contribution that is to be made in accordance with condition 25 shall only be used for specific environmental enhancement projects within the Tangahoe River catchment that have been agreed to by the Kaitiaki Group and the Chief Executive, Taranaki Regional Council including, but not limited to: (a) Riparian planting and fencing of waterbodies; (b) Enhancement, fencing and protection of wetlands; (c) Enhancement of the native fishery; (d) Enhancement of the Tangahoe River mouth/estuary; and (e) Removal of fish barriers.

Advice Note: If the financial contributions paid pursuant to this consent accumulate with the Taranaki Regional Council over a period of 5 years or more without being spent and/or there are no agreed projects pursuant to condition 26 that the fund is to be applied to, the consent holder may make an application under section 127 of the RMA, to change, suspend or waive the contributions required under this condition or to otherwise modify this condition.

27. Annually before 1 August the consent holder shall submit a “Financial Contribution and Environmental Enhancement Report” (“FCEER”) to the Chief Executive, Taranaki Regional Council. The purpose of the FCEER shall be to document the environmental enhancement project(s) that have occurred in the previous year pursuant to conditions 26, and it shall include as a minimum:

(a) the projects initiated and completed; and (b) the total cost of each project.

Review 28. In accordance with section 128 and section 129 of the Resource Management Act 1991, the Taranaki Regional Council may serve notice of its intention to review, amend, delete or add to the conditions of this resource consent by giving notice of review during the month of June 2021 and at 5-yearly intervals thereafter, for the purposes of:

(b) implementing a best practicable option with respect to improving water use efficiency identified in a Water Efficiency BPO Report prepared in accordance with condition 24;

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(c) increasing the flows specified in conditions 3(a), 4, 5 and 19 in accordance with any recommendation as a result of the Tangahoe River hydrological data review required by condition 24.

Recommending Officer

Colin McLellan Consents Manager

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Condition Analysis Table No. Description Reasons for condition Determination of compliance Reason for limit

1. Maximum Limits scale and effect of activity to that Water measuring and recording As applied for and reasonably take rates considered in the application required by consent conditions required for purpose having 2. considered environmental effects

3. Minimum Necessary to ensure effects on instream Flows recorded and provided in Based on policies 6.1.3 and 6.1.4 flow values and other water users are adequately accordance with conditions 7 & 20 of RFWP. Further detail in officer 4. mitigated, but recognises importance if the report continued operation of the factory during extreme low flows. Condition 19 is also relevant.

5. Emergency Recognises the importance of continued Reporting in accordance with 48 hrs is a reasonable time for taking operation during emergencies condition 6 normal operation to resume

6. Emergency Accountability and compliance check Report provided 7 days is reasonable time to take report prepare report

7. Flow records Only appropriate method for checking Flow recorder installed and operating N/A kept compliance with minimum flow condition. properly

8. Install water Only reliable method of monitoring maximum Installation confirmed by inspection 5% accuracy is the accuracy measuring authorised take and by certification in accordance required by Regulations. It is equipment with condition 10. Accuracy may be achievable and reasonable in confirmed directly but will generally piped systems. be assumed to comply if installation and maintenance undertaken properly

9. Fish screen Reasonably needed to achieve sustainable Checking screen and intake design Screen already installed on management particularly by ensuring that the Tangahoe River. Two years is adverse environmental effects of fish (and reasonable for Tawhiti installation other aquatic life) being sucked into/onto the intake are avoided.

10. Certification Reasonably necessary to confirm compliance Provision of certificate N/A of water with condition 8. Testing of meter every 5 years measuring is required by Regulations. equipment

11. Comply with Reasonably needed for avoidance of doubt Obligations met N/A plans

12. Tangata Development and implementation of a TWIP 13. Whenua that sets out the scope of iwi input to the Involvement consent, including the role of the Kaitiaki Provision of the TWIP N/A 14. Plan (TWIP) Group. 15.

16. Prepare and Reasonably needed to ensure the necessary 17. implement a compliance and other monitoring occurs. Receipt of the plan (and TRC 6 months is a reasonable time to monitoring Confirm environmental effects of the taking implementing it) prepare it 18. plan and appropriately involves stakeholders

19. Low Flow Avoids adverse effects by ensuring the Plan provided 6 months is a reasonable time to Contingency absolute minimum amount of water is taken prepare it Plan when the river is flowing at less than 450 L/s.

20. Reporting of Reasonably needed to check compliance with Reporting occurs 6 months is a reasonable data consent conditions timeframe

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No. Description Reasons for condition Determination of compliance Reason for limit

21. Notify the Helps minimise duration of any breach of Check of water take records N/A Council of requirement to measure water taken equipment failure

22. WM Necessary to ensure that Council officers can Equipment is accessible, and if in a N/A equipment check compliance and download records as locked area or a sealed unit staff can accessible needed gain access (e.g. can get a key). to the Council

23. Annual Data Reasonably necessary to ensure other Information provided to Council Annual reporting Performance consent conditions are being complied with Report 24. Water Reasonably needed to meet requirements of Report provided Date and frequency are efficiency Part 2 and policy as they relating to efficient reasonable report use of natural resources

25. Reasonably need to achieve sustainable management by mitigating as far as practicable 26. Financial the adverse environmental effects of the Contributions made, projects funded Quantum of contributions offered contributions activity. Conditions also reasonably needed to reports prepared and agreed by the parties. 27. ensure contributions are spent appropriately and managed transparently.

28. Review In general conditions of consent can only be N/A The frequency and timing of the reviewed if provision to do so is included in the reviews is appropriate having consent. The Council’s preference is to make considered the duration of the provision to review the conditions of all consent, its likely environmental consents to ensure that the conditions are effects, and the adequacy of the effective. knowledge of those effects. This condition also recognises that it is appropriate for there to be review opportunities after the receiving recommendations of significant reports required by conditions.

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126 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Appendix I: Persons served notice of application

Name C/- Address Patea and District Harley Ogle PO Box 706, Hawera Boating Club Ohawe Boating and Glyn Herbert PO Box 272, Hawera 4640 Angling Club 466 Finnerty Road, RD21 HyJinks Fishing Charters Eddy Jenkins Stratford South Taranaki Richard Guy 3 Ropata Street, Hawera 4610 Underwater Club South Taranaki Fishing Peter Robins 32 Rata Street, Hawera 4610 Charters Fluffy Duck Charters Ltd Brian Smith 41 Egmont Street, Wanganui Ohawe Beach Camp Christine O’Carroll Rangatapu Street, Ohawe Alex and Bev Little 515 Manawapou Road, Hawera Main South Road, RD 14 Francis Lavery Hawera 4674 297 Main South Road, RD 14 Rex & Kate Lavery Hawera 4674 Huub Regtien 64 Nowell Road, Hawera Marie Roberts 68 Nowell Road, Hawera Murray & Linda Phillips PO Box 74, Hawera 4640

Will Edwards 534 Manawapou Road, RD 12 Hawera 4672 South Taranaki District Private Bag 902, Hawera 4640 Council Fish and Game New PO Box 662, New Plymouth 4340 Zealand Department of A Glassie PO Box 20025, Hamilton Conservation Taranaki District Health Private Bag 2016, New Plymouth Board - Health Protection 4342 Unit Te Runanga O Ngati PO Box 594, Hawera 4640 Ruanui Trust Te Korowai O PO Box 474, Hawera 4640 Ngāruahine Trust Origin Energy Resources Private Bag 2022, New Plymouth NZ (Rimu) Limited 698 Manawapou Road, RD 12 Fonic Farms Limited Hawera 4672 Silver Fern Farms PO Box 941, Dunedin 9054 Management Limited Graeme Lowe Protein PO Box 505,Hawera 4640 Limited

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128 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Appendix II: Water allocation Tangahoe River

Tangahoe River Consent Permitted Consented Rate of Take Flow Remaining MALF Takes Site Max Rate [L/s] Holder No. Upstream Volume [m3/d] Total [L/s] Max L/s %MALF [L/s] [L/s] above Tawhiti 593 23 0.0 0 23 570 96% Confluence at Duffys Farm 358 14 216 143 41% d/s Tawhiti Confluence 958 38 239 719 75% above Fonterra intake 978 39 239 738 75% 978 Fonterra 4508 39 163.0 614102 403 575 59% 978 Fonic Farms Limited 6430 39 55.2 4770 458 520 53% Mouth 978 - 39 0.0 0 458 520 53%

Tawhiti Stream Consent Permitted Consented Rate of Take Flow Remaining MALF Takes Site Max Rate [L/s] Holder No. Upstream Volume [m3/d] Total [L/s] Max L/s %MALF [L/s] [L/s] u/s of SFF/GLP 286 11 0.0 0 11 275 96% 286 Fish and Game 0523 11 0.0 0 11 286 Silver Fern Farms 1091 11 40.5 3500 52 235 82% 286 Graeme Lowe Protein 7610 11 34.7 3000 87 200 70% 286 Silver Fern Farms 1103 11 -28.9 -2500 58 229 80% 286 Graeme Lowe Protein 7611 11 -28.9 -2500 29 258 90% u/s of Fonterra Intake 330 13 30 300 91% 330 Fonterra 0047 13 184.0 15898 214 116 36% at Duffys Farm 358 14 216 142 40% at Duffys Farm 358 - 14 0.0 0 216 142 40%

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130 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Appendix III: Habitat retained for various flows (from Minimum Flow Report)

Percentage of habitat available at MALF retained by flow (as a % of MALF) in the Tangahoe River

Available habitat in Tangahoe River in terms of percentage habitat available at MALF

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132 Consents and Regulatory Committee - Report on five applications for notified consents - Fonterra Limited Whareroa Site

Appendix IV: Water allocation objectives and policies of the RPS OBJECTIVES

WAL OBJECTIVE 1 To sustainably manage the taking, use, damming or diversion of fresh water in the Taranaki region to enable people and communities to meet their needs for water while safeguarding the life-supporting capacity of water and related ecosystems and avoiding, remedying or mitigating any adverse effects on the environment arising from that use.

WAL OBJECTIVE 2 To protect the natural character of water bodies from inappropriate subdivision, use and development.

POLICIES Making water available for use WAL POLICY 1 Subject to Policies 2 to 5 below, surface water will be made available for the existing and reasonably foreseeable future needs of domestic and community supplies, agricultural, industrial, hydroelectric power generation and other uses of water to enable people and communities to provide for their social, economic and cultural wellbeing.

Surface water allocations will be made having regard to the ability of water users to demonstrate: (a) the need for the volumes of water sought; (b) the need to use water efficiently and with a minimum of waste; (c) what alternative sources of water or water collection or storage methods have been considered; (d) whether there is a need to install systems to accurately measure the volumes of water abstracted and to reduce or suspend abstractions; and (e) that any adverse environmental effects from the taking, use, damming or diversion of water will be avoided, remedied or mitigated as far as practicable in accordance with other policies of this Policy Statement or regional plans and the requirements of the Act.

Regional variations in water levels and flows WAL POLICY 2 Natural water levels and flows: (a) will be maintained and/or enhanced as far as practicable in all those water bodies, or parts of them, identified as having high quality or high value for their natural character and in-stream values; however. (b) may be reduced in other water bodies to provide for the needs of water users provided that any reductions in water levels and flows are minimised, that as far as practicable, any adverse effects on natural character and in-stream values are avoided, remedied or mitigated and the life- supporting capacity is safeguarded.

Maintaining in-stream values and life-supporting capacity WAL POLICY 3 The in-stream values and life supporting capacity of water bodies will be maintained, and the natural character of rivers, streams, and lakes and their margins protected from inappropriate subdivision, use and development.

Matters to be considered in determining the quantities, levels or flow of water necessary to maintain instream values and life supporting capacity and to protect natural character will include:

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(a) the natural character, ecological and amenity values associated with the water body and its margin, including indigenous biodiversity values, fishery values and the habitat of trout; (b) the relationship of Tāngata Whenua with the water body; (c) the importance of the water body to meet existing or reasonably foreseeable needs for domestic and community water supplies, agricultural, industrial, hydroelectric power generation and other uses; (d) the effects of proposed water levels and flows on water quality and the assimilative capacity of the waterbody; (e) the hydrological characteristics of the catchment including flow variability, flow recession characteristics, the relationship to groundwater recharge, and the cumulative effects of land use and catchment development on stream hydrology; (f) the significance of flows and groundwater recharge to the maintenance or enhancement of downstream flows; (g) the ability to abstract from the lower reaches of catchments to safeguard instream values of upper reaches where this will not adversely affect the special value of estuaries; (h) the significance of any historic heritage values associated with the water body; and (i) the cumulative effects of existing takes; (j) the extent to which any adverse effects of the taking, use, damming or diversion of water can be avoided, remedied or mitigate; and (k) the regional and national benefits to be derived from the allocation of water resources.

Restoration of in-stream values WAL POLICY 4 Subject to Policies 2 and 3 above, where the life-supporting capacity of water bodies or parts of them has already been degraded as a result of the taking, use, damming or diversion of water, the restoration of the life-supporting capacity of these water bodies will be promoted.

Rights of existing water permit holders WAL POLICY 5 The Council will recognise the rights of existing water permit holders to exercise their entitlement to take and use water throughout the term of their resource consent, and will not allow a significant derogation from those rights by grant of subsequent resource consents.

Allocation priority for the taking and use of water WAL POLICY 6 Subject to the requirements of Part 2 of the Act allocation of surface water will generally be on a “first-come, first-served” basis but will take into account the reasonable needs of water users including consent applicants, reasonably foreseeable future needs of current or potential water users, and the efficiency of the proposed use.

Where there is or is likely to be competition for the use of water, allocation decisions will be made having particular regard to the following: (a) reasonably foreseeable future requirements for domestic and community water supply needs, stock drinking water, and fire fighting; (b) the degree of national, regional or community benefit from the taking and use of water as distinct from individual benefit; (c) the value of investments made by existing consent holders; (d) the extent to which water users have established a reasonable need for the rates and volumes sought; and (e) the relative efficiency of the proposed use of the resource as compared to other reasonably foreseeable uses of the resource (including allocative, productive and technical efficiency).

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Appendix V: Relevant RFWP objectives and policies

Issue 3.1: Protection and enhancement of the natural, ecological and amenity values of fresh water

Obj 3.1.2 To maintain and enhance the natural, ecological and amenity values of rivers and streams of value in the region, and regionally significant wetlands.

Obj 3.1.3 To protect the natural character of all of Taranaki’s rivers, lakes and wetlands from inappropriate use and development and the adverse effects of appropriate use and development.

Obj 3.1.4 To safeguard the life-supporting capacity of water and aquatic ecosystems from the adverse effects of the use and development of fresh water.

Obj 3.1.5 To maintain and enhance amenity values and the quality of the environment of Taranaki’s rivers, lakes and wetlands and their margins.

Obj 3.1.6 To manage the fresh water resources of the Taranaki region in a way that promotes the sustainable management of natural and physical resources, by recognising and providing for the differences in and between rivers, streams, lakes and wetlands in the region.

Pol 3.1.2 The adverse effects of activities on the natural character, ecological and amenity values of all rivers, lakes and wetlands and their margins in the Taranaki region will be avoided, remedied or mitigated, having regard to: (a) the topography and form of the river, lake or wetland; (b) the natural flow characteristics, hydrological functions and natural water levels and their fluctuations in rivers, lakes and wetlands; (c) ecosystems, habitats and species; (d) existing water quality and the need to maintain or enhance that quality; (e) recreational, fishery, aesthetic and scenic values.

Pol 3.1.3 The life-supporting capacity of fresh water will be safeguarded and the adverse effects of activities on aquatic habitats and fresh water ecosystems will be avoided, remedied or mitigated having regard to: (a) the maintenance of biological and physical processes; (b) the existing and potential productivity, diversity, importance and variability of aquatic ecosystems; (c) habitat characteristics, including habitats for aquatic species at different stages of their life cycle, habitats of threatened, vulnerable or rare species, and habitats for terrestrial life that use the water body; (d) the significance of indigenous flora and fauna, including the habitat of indigenous fish; (e) the habitat of trout.

Pol 3.1.4 The high natural, ecological and amenity values of those rivers and streams listed in Appendix IA will be maintained and enhanced as far as practicable. Adverse effects of activities on these values will be avoided as far as practicable, or remedied or mitigated.

Pol 3.1.5 The natural, ecological and amenity values and life-supporting capacity of those rivers and streams listed in Appendix IB will be enhanced as far as practicable.

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Issue 4.1: Recognising and providing for the relationship of Tāngata Whenua and Iwi and hapu of Taranaki and their culture and traditions with their water, sites, wāhi tapu and other taonga

Obj 4.1.1 To recognise and provide for the cultural relationship and values of Iwi and hapu of Taranaki with water, and with ancestral land and sites, wāhi tapu and other taonga associated with fresh water, and the beds of rivers and lakes, in a manner reflective of their status as Tāngata Whenua and in accordance with Tikanga Maori. Pol 4.1.1 Wāhi tapu and other sites or features of historical or cultural significance to Iwi and hapu of Taranaki, and the cultural and spiritual values associated with fresh water, will be protected from the adverse effects of activities, as far as practicable.

Pol 4.1.2 Adverse effects of activities on mahinga kai and the habitats of species harvested by Tāngata Whenua, will be avoided or mitigated to the fullest extent practicable.

Pol 4.1.3 Access to mahinga kai and identified areas of historical or cultural significance to Iwi and hapu of Taranaki associated with fresh water, will be maintained or enhanced, except where restrictions are appropriate to achieve the purpose of the Act, the Regional Policy Statement for Taranaki and this Plan.

Issue 5.1: Enabling appropriate use and development of fresh water

Obj 5.1.1 To enable people and communities to use and develop fresh water resources and the beds of rivers and lakes to provide for their social, economic and cultural wellbeing and for their health and safety, in accordance with the sustainable management of those resources.

Pol 5.1.1 When managing the use and development of fresh water and the beds of rivers and lakes, the Taranaki Regional Council will recognise: (a) the need for all activities to avoid, remedy, or mitigate adverse environmental effects in accordance with the objectives and policies of this Plan; (b) the positive benefits to people and communities arising from the use or development; (c) existing uses of physical resources including any human-made resources that have a specific-use purpose; (d) the effects on existing lawfully established activities; (e) the need to allow existing users to progressively upgrade their environmental performance, where improvements are necessary to meet the provisions of this Plan.

POL 5A.2.1 When considering any application the consent authority must have regard to the following matters: (a) the extent to which the change would adversely affect safeguarding the life supporting capacity of fresh water and of any associated ecosystem and (b) the extent to which it is feasible and dependable that any adverse effect on the life-supporting capacity of fresh water and of any associated ecosystem resulting from the change would be avoided.

POL5A.2.2 Policy 5A.2.1 applies to: (a) any new activity and (b) any change in the character, intensity or scale of any established activity – that involves any taking, using, damming or diverting of fresh water or draining of any wetland which is likely to result in any more than minor adverse change in the natural variability of flows or level of any fresh water, compared to that which immediately preceded the commencement of the new activity or the change in the established activity (or in the case of a change in an intermittent or seasonal activity, compared to that on the last occasion on which the activity was carried out).

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Issue 6.1: The adverse effects of the taking, use, damming and diversion of surface water

Obj 6.1.1 To promote the sustainable management of the surface waters of Taranaki while avoiding, remedying or mitigating any actual or potential adverse effects from the taking, use, damming or diversion of surface water.

POL 6.1.2 The Taranaki Regional Council will as far as practicable, strictly limit the taking, use, damming and diversion of water above the existing level of use in the catchments or reaches listed in Table 2. All applications for existing and any further taking, use, damming or diversion of water in these catchments will be assessed on a case-by case basis according to Policies 6.1.3 and 6.1.5-6.1.9.

Table 2 Catchments or reaches where taking, use, damming and diversion of water will be limited Catchment Reach Kapuni Stream Whole catchment Kaupokonui Stream Whole catchment Mangorei Stream Whole catchment Patea River Above Mangaehu Stream confluence Waiongana Stream Whole catchment Waingongoro River Whole catchment Waiwhakaiho River Catchment above 100 m above weir (located at NZMS 260 P19: 078-298)

Pol 6.1.3 Notwithstanding Policy 6.1.4, when assessing the quantity of water that may be taken, used, dammed or diverted from any surface water body, the Taranaki Regional Council will have particular regard to: (a) the natural, ecological and amenity values of the water body; (b) the relationship of Tāngata Whenua with the water body; (c) the importance of the water body to meet existing or reasonably foreseeable needs for community water supplies, agricultural, industrial or other use; (d) the effects of water levels and flows on water quality; (e) the hydrological characteristics of the catchment including flow variability, flow recession characteristics and the relationship to groundwater recharge; (f) the significance of flows and groundwater recharge for the maintenance or enhancement of downstream flows; (g) the extent to which the adverse effects of the taking, use, damming or diversion of water can be avoided, remedied or mitigated.

Pol 6.1.4 Subject to 6.1.3, when assessing resource consents and imposing conditions for the taking, use, damming or diversion of surface water the Taranaki Regional Council will require quantities, levels and flows of water in rivers and streams (excluding those in 6.1.1 and 6.1.2), that retain 2 at least /3 habitat at mean annual low flow.

Pol 6.1.5 When assessing resource consent applications for the taking, use, damming or diversion of water, the Taranaki Regional Council will consider: (a) the need to ensure that surface water is available for reasonable domestic needs, stock drinking water requirements, and fire fighting purposes; (b) where there are competing uses for water, or in catchments identified in Policy 6.1.2, the degree of community or regional benefit from the taking, use, damming or diversion as distinct from private or individual benefit; (c) the need for the volumes of water sought; (d) the need to use water efficiently and with a minimum of waste; (e) what alternative sources of water or water collection or storage methods have been considered;

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(f) possible mitigation measures including the maintenance of adequate minimum flows or flow regimes, the reduction or suspension of takes, the location, timing, duration and rate of the abstraction, the maintenance of fish passage, the application of riparian planting, use of gradient control for diversions, or other measures; (g) the need to install systems to accurately measure the volumes of water abstracted and to reduce or suspend abstractions.

Pol 6.1.6 The conservation and efficiency of use of the surface waters of Taranaki, including reduction of losses from water treatment and distribution systems, will be promoted.

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Memorandum

To Consents and Regulatory Committee From Kim Giles, Consent Officer Consent 4927-2.0 & 5148-2.0 Job Manager Emily Roberts, Scientific Officer (Marine Ecology) Document 1491106 Date 17 October 2017

Consent 4927-2.0: To discharge river silt and sand from mechanical pre-filtering of river water during abstraction of water, by returning it into the Tawhiti Stream

Consent 5148-2.0: To discharge river silt and sand from mechanical pre-filtering of river water during abstraction of water, by returning it into the Tangahoe River

Applicant Fonterra Limited Postal address PO Box 444, Hawera 4640 Site location Main South Road, Hawera (4927-2.0) 135 Hicks Road, Hawera (5148-2.0) Grid reference(s) 1712861E - 5616233N (4927-2.0) 1715769E – 5612503N (5148-2.0) Catchment Tangahoe No: 348.000 Tributary Tawhiti No: 348.010 Review date(s) June 2018 and 3-yearly intervals thereafter Expiry date 1 June 2052

1. Introduction

1. Beca Carter Hollings and Ferner Limited (‘Beca’) have lodged applications on behalf of Fonterra Limited (‘the applicant’) to discharge river silt and sand from mechanical pre-filtering of river water during abstraction of water at their two water abstraction sites on the Tawhiti Stream and Tangahoe River.

2. The applications are to renew consents 4927-1 and 5148-1 that expired on 1 June 2015. Since that date the activities have been allowed to continue because the Council received the renewal applications more than six months before the expiry date1.

3. The application was lodged together with applications for the following consents that expired on 1 June 2015:

1 In accordance with RMA s.124(1) or 124(2)

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Consent Purpose 0047-4 To take water from the Tawhiti Stream in the Tangahoe Catchment for processing and manufacture of dairy products, cleaning of plant and cooling purposes, provided the total abstraction in the Tangahoe Catchment by the consent holder does not exceed 30,000m3/day at any time 1450-3 To discharge up to 40,000m3/day of dairy site wastewater from the Whareroa site via a marine outfall into the Tasman Sea 4508-3 To take water from the Tangahoe River for processing and manufacture of dairy products, cleaning of plant and cooling purposes, provided the total abstraction in the Tangahoe Catchment by the consent holder does not exceed 30,000m3/day at any time 4927-2 To discharge river silt and sand from mechanical pre-filtering of river water during abstraction of water, to the Tawhiti Stream 4977-2 To maintain a marine outfall and diffuser structure of approximately 1845 metres length in the coastal marine area adjacent to the end of Rifle Range Road, Hawera 5013-2 To maintain a rock wall 100 metres in length in the coastal marine area for the protection of outfall and stream diversion pipelines and associated structures 5148-2 To discharge river silt and sand from mechanical pre-filtering of river water during abstraction of water, to the Tangahoe River

4. The application was comprehensive. It included a summary assessment of environmental effects report2 (AEE) relating to all of the consents listed above. It also included technical reports covering specific aspects of the proposed activities.

5. This report includes my assessment of the application under the Resource Management Act 1991 (the RMA). It also includes my recommendation that the consents be issued for a duration of 35 years, subject to conditions. My assessment of the application included discussion with Council staff familiar with the site and activity. The recommendation has been developed, and agreed, in discussion with the applicant and submitters.

2. Background

2 Fonterra Whareroa Manufacturing Site and South Taranaki District Council Hawera Wastewater Treatment Plant – Assessment of Environmental Effects (Council document #1439852) 2

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10. The water intake on the Tawhiti Stream is located about 1.5 km north-west of the factory on the stream’s right bank (Figure 1). The “Duffys” flow recorder site is about 3.5 km downstream.

11. The applicant constructed a new water intake, adjacent to the old one, on the Tangahoe River during the first half of 2016. It is located about just downstream the rail bridge at the end of Hicks Road approximately 4.6 km from the factory. The intake is about 4 km upstream of the river mouth.

12. Annual compliance monitoring reports consistently show a grade of ‘high’ for consent compliance and environmental performance for both consents.

Tawhiti Stream intake

Whareroa plant

Tangahoe River intake

Figure 1: Location of water intake sites in relation to the Whareroa plant

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3. Application detail

13. The application states that water abstracted from both the Tawhiti Stream and the Tangahoe River is mechanically pre-filtered, with the filtered sediments currently discharged back into surface water on a continuous purge basis. Filtered water is then pumped to the Whareroa site and was, at the time of the application, being treated by flocculation, filtration, and chlorination in the Permajet and Sophora water treatment plants.

14. The streams from which water abstraction occurs have a high sediment loads, particularly the Tangahoe River, therefore the applicant undertakes initial pre- filtering during water abstraction. These filters have to be continuously flushed so that the intake does not become restricted or blocked.

15. The applicant pre-filters the water abstracted from both sites as near as possible to the intakes so as to reduce pumping and treatment costs. This allows the naturally occurring river material to be returned to surface water as near as possible to where it was removed.

16. Mechanical pre-filtration occurs inline at the intake sites. Essentially, centrifugal action within the pre-filters causes particles heavier than water to move to the outside of a separation chamber, and then drop into a collection chamber before being discharged back to surface water. When the new Water Treatment Plant and Tangahoe River Intake station were constructed last year, the existing pre-filters at the Tangahoe River were replaced with hydrocyclones. The application states that this modern technology is more effective in sediment removal at the source, thereby resulting in a greater volume of sediment being discharged back to the Tangahoe River. However, these hydrocyclones are not able to be operated until the new consents have been granted.

17. As the applicant proposes to increase the residual flow at the Tawhiti intake site, the Tangahoe intake will be used more regularly in periods of low flow. This will in turn result in there being more flow in the Tawhiti Stream to distribute and dilute the sediment discharge.

18. The applicant has requested a 35 year consent term for both applications.

4. Existing environment

19. The Whareroa plant is located 2 km from the coast and 1.5 km south-east of Hawera. The plant is located on the border of the Tangahoe catchment and a small unnamed catchment and the site covers an area of approximately 32 ha. The surrounding land use is predominantly dairy farming.

20. The Tangahoe catchment has an area of about 300 km2. Its headwaters are located in the Eastern Hill Country on the north and east, while the western side originates from plains adjacent the Waingongoro catchment.

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21. The Tawhiti Stream has a catchment area of around 50 km2 and originates from farm land between Eltham and Normanby. It flows to the Tangahoe River almost 7 km from the coast.

22. Due to the weak structure of the soils throughout the catchment, rivers and streams prone to high sediment loads especially during storm events. The Tangahoe River has a turbidity of between 30 – 100 NTU, during high rainfall this can rise to over 400NTU. Whereas, the Tawhiti stream has a turbidity of typically less than 20 NTU, during heavy rainfall this can increase to over 70 NTU.

23. Appendix IA of the Regional Fresh Water Plan for Taranaki (RFWP) lists a number of streams and stream catchments with high natural, ecological and amenity values. The Tangahoe River is included, noted for its high recreational value (for whitebaiting).

24. Appendix IB of the RFWP lists a number of streams and stream catchments identified for enhancement of natural, ecological and amenity values and life supporting capacity. The Tawhiti Stream is included noting that it has a poor Macroinvertebrate Community Index (MCI) and the very high nitrate concentration some bores.

25. A ‘Minimum Flow Report’ (Council document #1439861) provided with the application, presented an investigation that included sampling of run and riffle habitat in the Tawhiti Stream and the Tangahoe River. The report concluded that the current habitat value of the sites around the applicant’s intakes is ‘not high’ as the fish density is well below that expected of a stream of that altitude.

5. Statutory Acknowledgement

26. The Tangahoe River is a statutory acknowledgment of Ngati Ruanui. As such the Crown acknowledges the statement by Ngati Ruanui of the cultural, spiritual, historical, and traditional association of Ngati Ruanui with the Tangahoe River as set out below.

Tangahoe: the steering oars of Turi Ariki

The Tangahoe River has been a major supply of food and water resources to its people both prior to, and since, the arrival of the Aotea Waka. The valley, like the rest of the

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southern lands, was a fertile paradise. Because of the mild temperatures, it was without extremes and promoted lush vegetation that was checked only by the occasional equinoctial weather patterns. Birds such as manunui (which made its nests amongst the koromiko bushes), kereru (the food of nga Ariki), pukeko (the treasured species brought on the Aotea Waka), tiwaiwaka (the guardian left by Kupe), kahu (the sentinel), kakapo, kiwi, korimako, miromiro (the custodians of the forest), and pipiwharauroa (the heralder of the new year) flourished in the berry-filled trees, like the koromiko, kohia, hinau, piripiri, mamaku, and rewarewa at the side of the eel- and koura-filled creeks. Fish, such as the piharau, kokopu, tunaheke, patiki, and shellfish, were abundant in the waters and on the reefs at the mouth of the river.

To the people of Ngati Ruanui, all the rivers and their respective valleys are of the utmost importance because of their physical, spiritual, and social significance in the past, present, and future.

6. Regional Fresh Water Plan for Taranaki

27. The Regional Fresh Water Plan for Taranaki (RFWP) details Taranaki Regional Council objectives, policies and rules relating to fresh water management. The RFWP has been operative since 2001.

28. These applications are being processed as a discretionary activity under Rule 43 of the RFWP. There is no permitted activity rule for the discharge of river silt and sand (to surface water) from mechanical pre-filtering of river water during abstraction.

7. Pre-application consultation

29. The applicant implemented a comprehensive consultation strategy as an important component of the consenting project. The consultation with interested parties, which began in March 2012 continued up until the lodgement of the applications, has: ∑ assisted in identifying the potential effects on the environment; ∑ enabled the avoidance of some potential effects on the environment; and ∑ assisted in the development of mitigation measures.

30. The consultation objectives were to: ∑ inform all interested parties of the proposal; ∑ create opportunities for discussion, allowing for better understanding of interested parties’ views; ∑ enable the community to develop informed views, decisions and responses; ∑ assist the refinement of the final proposal submitted for resource consent; and ∑ ensure ongoing open opportunities for communication.

31. All interested parties were provided with draft copies of the AEE and technical reports, to enable able all parties contribute in a timely way during the feedback and

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discussion process. The feedback has been used to shape the final technical reports and AEE, thereby addressing all the concerns raised by all parties.

32. The consultation occurred with the key stakeholder groups shown in Table 1.

Table 1: Parties consulted Stakeholder Groups Members Key Stakeholders ∑ Fish and Game NZ ∑ Department of Conservation ∑ Taranaki District Health Board ∑ Previous Submitters ∑ Will Edwards (Edwards Whanau) Iwi ∑ Ngati Ruanui ∑ Nga Ruahine (Okaku Inuawai and Kanihi Umutahi) Interest Groups ∑ Fishing and boating clubs ∑ Commercial Fishing ∑ Surfing Community Neighbours Wider Community

33. The applicant continued to consult during the consenting process and undertook to continue throughout the ongoing operation of the activities at the site.

34. Section 7 and Tables 7.2 and 7.3 of the AEE (provided with the application) provide a summary of the consultation undertaken, including dates undertaken and the issues raised by the interested parties.

35. All of the issues raised during consultation were addressed in the application.

8. Notification and submissions

36. The applications were public notified on 30 January 2016.

37. Submissions were received from Fish and Game New Zealand (’Fish and Game’), Te Runanga O Ngati Ruanui Trust (‘Ngati Ruanui’) and Te Korowai o Ngāruahine Trust (‘Ngāruahine’). The submissions are summarised in the following paragraphs.

8.1 Submission from Fish and Game

38. The grounds for Fish and Game’s submission are that the Tawhiti Stream and Tangahoe River support populations of brown and rainbow trout. The submission detail was mainly in relation to minimum flows (consents 0047-4 and 4508-3). The submission did not include specific details in relation to consents 4927-2 and 5148-2.

39. Fish and Game wished to be heard in support of the submission and state that it would be satisfied with the Council making a decision that includes: ∑ setting conditions which ensure that any actual or potential adverse effects of the activities are avoided, or remedied or mitigated; and ∑ setting MALF as the minimum flow in Tawhiti Stream and Tangahoe River downstream of the Fonterra water intake.

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8.2 Submission from Ngati Ruanui

40. Ngati Ruanui made a submission opposing the applications. The submission detail was mainly in relation to minimum flows (consents 0047-4 and 4508-3) and the discharge to the coastal marine environment (consent 1450-3). The submission did not include specific details in relation to consents 4927-2 and 5148-2.

41. Ngati Ruanui wished to be heard in support of their submission and state that it would be satisfied with the Council making a decision that includes: ∑ a new monitoring regime, “mauri model”, which includes an iwi/hapu led environmental assessment alongside mainstream western techniques; ∑ a combined monitoring panel; and ∑ the inclusion of up to 2 iwi independent initiated inspections of key aspects of each of the principal consents relating to water abstraction in any one 12 month period.

8.3 Submission from Ngāruahine

42. Among other reasons Ngāruahine made a submission on the application to highlight, from a cultural perspective, the potential and actual effects of current and proposed activities on Ngāruahine iwi and hapu interests.

43. Ngāruahine are concerned about the effects of potentially unsustainable flow rates in the Tawhiti Stream and sediment discharges to the Tawhiti Stream.

44. Ngāruahine would appreciate the opportunity to contribute to discussions relating to, but not limited to: ∑ the proposed minimum flow for the Tawhiti Stream; ∑ quantitative measures for the discharge of sediment back to the Tawhiti Stream; ∑ monitoring, review, evaluation and terms of consent.

45. Ngāruahine will support the application by Fonterra provided the conditions for the resource consents for which approval is being sought, resolves, mitigates or avoids potential or actual adverse or unintended effects, including potentially unsustainable minimum flow rates in the Tawhiti Stream, and unquantified sediment discharge rates to the Tawhiti Stream.

46. The Ngāruahine submission explicitly acknowledged the status of Ngati Ruanui as tangata whenua and their exercise of manawhenua over the area in which the consents apply.

47. Ngāruahine wished to be heard in support of their submission.

9. Pre-hearing process

9.1 Pre-hearing meeting

48. A pre-hearing meeting was held on 21 April 2016. Present at the meeting were: Fred McLay Taranaki Regional Council (Chair)

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Colin McLellan Taranaki Regional Council Victoria Araba Taranaki Regional Council Ryan Park Fonterra Michelle Dwyer Fonterra Lauren Wallace Fonterra (Legal Counsel) Cassandra Crowley Ngāruahine David Moore Ngāruahine Ngapari Nui Ngati Ruanui Graham Young Ngati Ruanui Allen Stancliff Fish and Game

49. Before the meeting, and with the prior agreement of the parties, the Council had circulated a draft of conditions that could be included on any consent issues. These conditions were based substantially on those offered in the application and provided a focus for the discussion.

50. The main issues outstanding at the end of the meeting did not relate specifically to these applications.

51. The applicant subsequently proposed the conditions recommended in this report, and advised the Council in July 2017 that all parties had agreed on all conditions. All submitters then formally withdrew their right to be heard.

10. Assessment of effects

52. The effects of the applications must be assessed against the existing environment. The existing environment, which is described above, includes permitted activities and activities already consented. It does not include the applicant’s expired consents.

53. The application includes an assessment of environmental effects (AEE) that is appropriate for the scale and nature of the applications. The applicant’s assessment concludes that the effects of the proposed activities are no more than minor and I agree with that assessment.

54. The potential effects of discharging silt and sand from mechanical pre-filtering of river water is an increase in suspended sediments and its effects on ecology (e.g. reduced quality habitat). Excessive concentrations of suspended solids might be harmful to fisheries by reducing growth rate or killing fish, preventing fish and larvae development, modifying fish migration, and reducing food abundance.

55. An ecological assessment report provided with the applications3 note that both the Tangahoe River and the Tawhiti Stream already have higher nutrient concentrations than is desirable for the prevention of algal proliferations, bacterial contamination that discourages contact recreation, and total suspended solids (TSS) concentrations that are higher than are preferred by aquatic life.

3 Freshwater Ecological Investigations for Fonterra’s Whareroa Factory Re-Consenting (Stark Environmental, 2015). 9

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56. However the application states that none of the contaminant concentration issues are as a consequence of, or exacerbated by, the applicant’s water abstractions or consequential discharge of sediment back into the waterbodies. The continual discharge of filtered silts and sands would otherwise have remained in the stream if the water was not taken and filtered, and therefore are not considered to have a significant effect on the instream environment.

57. Although the total volume of sediment being discharged to the waterbodies is unable to be exactly quantified, the discharge is not expected to give rise to any conspicuous change to the colour or visual quality of the water i.e. the change in TSS and Turbidity to the eye will be indiscernible.

58. The Council undertakes regular inspections of the intake sites as part of the ongoing monitoring programme for the Whareroa site. The annual monitoring reports state that inspections of the sites showed that there were no adverse effects on the appearance of the streams in connection with the discharge of sediment from the mechanical pre-filters. The report also states that due to the lack of effect of sediment discharge on the Tawhiti Stream and Tangahoe River, biological monitoring of these two streams was suspended after the 1999-2000 monitoring period.

59. The 2015-2016 annual monitoring report states that additional inspections were undertaken in relation to construction of the new water take structure on the Tangahoe River. No visual impacts on the river were observed during any of these inspections.

60. During the 2013-2014 monitoring year, a fish survey was undertaken by the Council in the Tawhiti Stream to assess the impact of the water intake weir operated by the applicant. Overall, the survey did not indicate that the intake, fish pass, or discharge of sediment undertaken in relation to water abstraction have had any impact on the fish communities of the Tawhiti Stream.

61. As the applicant is proposing to increase the residual flow in the Tawhiti Stream, any potential effects will be further mitigated by having more flow in the stream to disperse and dilute the discharge. This also means that there will be an increase in the amount of sediment discharged from the Tangahoe River during lower flows however, this river already has a much higher natural turbidity than the Tawhiti Stream.

11. Statutory assessment

11.1 Sustainable Management (Part 2 of the RMA)

62. When determining the application the Council must promote the sustainable management of natural and physical resources. Sustainable management means managing the use, development and protection of these resources in a manner which enables people and communities to provide for their social, cultural and economic wellbeing while: a) sustaining the potential of natural resources to meet the reasonably foreseeable need of future generations; b) safeguarding the life supporting capacity of water and ecosystems; and

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c) avoiding, remedying and mitigation adverse effects of the application on the environment.

63. In promoting sustainable management the Council must; ∑ recognise and provide for ‘matters of national importance’ (listed in section 6 of the RMA); ∑ have particular regard for ‘other matters’ (listed in section 7 of the RMA); and ∑ take account of the principles of the Treaty of Waitangi (section 8 of the RMA).

64. The discharges are important to the operation of the Fonterra’s business and as such make a significant contribution to providing for the social and economic well-being of the people and communities generally and to New Zealand as a whole.

11.2 Consideration of application (section 104(1)) 65. Subject to Part 2 of the RMA, section 104(1) requires the Council, when considering an application for a resource consent, to have regard to: a) the actual and potential effects the activity has on the environment; and b) the relevant provisions of the i) National Policy Statement for Fresh Water Management (FWNPS); ii) Regional Policy Statement for Taranaki (RPS); iii) RFWP;

66. In section 10 of this report I have assessed the actual and potential effects of the proposed activity and the types of conditions necessary to avoid, remedy and mitigate its adverse environmental effects. My recommendation reflects appropriate regard for the environmental effects.

67. In making my recommendation I have also had regard to the provisions of the relevant policy documents. The RFWP includes the relevant provision of the FWNPS and gives effect to the RPS.

68. Relevant policies of the RFWP are summarised in Table 2 below.

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Table 2: Freshwater Plan and other policies of particular relevance Policy number Commentary

3.1.2 & 3.1.3 Having regard to matters such as fishery values, aesthetic values, ecosystems and habitats and hydrological characteristics, adverse effects will be avoided, remedied or mitigated.

4.1.1 Protecting as far as practicable, adverse effects on wahi tapu and other sites of cultural significance to Maori.

5.1.1 When managing the use and development of fresh water and the beds of rivers and lakes, the Council will recognise: the need to avoid remedy or mitigate adverse environmental effects; positive effects on people and communities; physical resources that have a specific-use purpose; effects on established activities and the need existing users to progressively upgrade their environmental performance.

A4 (FWNPS) Avoiding any adverse effects of the activity on the life-supporting capacity of freshwater and ecosystems, that are likely to be more than minor, or on people’s health as affected by their secondary contact with fresh water

B7 (FWNPS) Avoiding any adverse effects of the activity on the life-supporting capacity of freshwater and ecosystems, that are likely to be more than minor.

6.2.1 When managing point source discharges to land and surface water, Council will recognise and provide for the different values and uses of surface water.

6.2.2 Ensuring adverse effects from point-source discharge of contaminants to land and surface water are avoided remedied or mitigated.

6.2.4 Requiring the adoption of the best practicable option to prevent or minimise the effects on the environment when discharging contaminants.

11.3 Other considerations 69. When considering an application for a renewal of consent, the Council must have regard to the value of the investment of the existing consent holder4. The applicant has a major investment that is dependant on this consent.

70. The Council must have regard to the sensitivity of the receiving environment and any alternatives to the discharge proposed5. I have had appropriate regard to these matters. The sensitivity of the environment is assessed in sections 4 and 10 of this report, and I am satisfied that there are no more practicable alternative methods of discharge or receiving environments.

71. The RMA6 also sets minimum water quality standards that any discharge must meet. In my assessment the activity, undertaken in accordance with the recommended consent conditions, will meet these minimum standards.

12. Consent duration and review dates

72. The Council has a well established and accepted practice of ensuring common expiry, and consent review dates within a catchment. The benefits of this practice include more efficient and integrated resource management.

4 RMA Section 104 (2A) 5 RMA Section 105(1) 6 In section 107 12

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73. The applicant has requested a 35 year consent term in order to recognise the significant value of the existing plant and infrastructure and provide long term security and certainty.

74. An expiry date of 1 June 2052 has been agreed to by all parties as part of the pre- hearing process. The recommended special conditions provide for review of the consent conditions in June 2018 and 3-yearly intervals thereafter.

13. Monitoring

75. Monitoring of these consents is required to ensure that the activity undertaken complies with what is authorised by the consent, and that environmental effects are consistent with the assessment presented in this report.

76. The recommended conditions require the applicant to develop a comprehensive monitoring plan in conjunction with other activities associated with their operation.

14. Reasons for decision

77. The reasons for the decision I have recommended are detailed in this report, but in summary they are:

a) The granting of these applications is consistent with the RPS, Regional Plans and in keeping with the purpose and principles of the RMA; and b) Undertaking the proposed activity in accordance with the conditions recommended is unlikely to cause any significant adverse effects on the environment.

78. The reason for each condition is detailed in the condition analysis table attached.

15. Recommendations

15.1 Consent 4927-2.0

79. My recommendation is that consent 4927-2.0 to discharge river silt and sand from mechanical pre-filtering of river water during abstraction of water, by returning it into the Tawhiti Stream, be approved for a period ending on 1 June 2052, subject to the following conditions:

General condition

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Special conditions

1. After allowing for reasonable mixing within a mixing zone extending 50 metres downstream of the discharge point, the discharge shall not give rise to all or any of the following effects in the receiving water of the Tawhiti Stream:

(a) the production of any conspicuous oil or grease films, scums or foams, or (b) floatable or suspended materials; (c) any conspicuous change in the colour or visual clarity; (d) any emission of objectionable odour; (e) the rendering of fresh water unsuitable for consumption by farm animals; (f) any significant adverse effects on aquatic life, habitats, or ecology; (g) an increase in turbidity of more than 50% (as determined using NTU - nephelometric turbidity units).

2. Within 6 months of the commencement date of this consent, the consent holder shall ensure a Monitoring Plan is prepared (the “Monitoring Plan”). The purpose of the Monitoring Plan is to identify the techniques, methods and procedures that will be employed to acquire data in relation to, and monitor compliance, with:

(a) the conditions of this consent; and (b) the effects of the discharge authorised by this consent on: (i) instream habitat values, water quality and macroinvertebrate communities within the Tawhiti Stream; and (ii) native fish populations within the Tawhiti Stream.

Advice Note: The Taranaki Regional Council assumes responsibility for the preparation and implementation of the Monitoring Plan for annual compliance purposes.

3. At all times, the consent holder shall implement and comply with those aspects of the Monitoring Plan for which the consent holder is responsible (as detailed in the Monitoring Plan).

4. In accordance with section 128 and section 129 of the Resource Management Act 1991, the Taranaki Regional Council may serve notice of its intention to review, amend, delete or add to the conditions of this resource consent by giving notice of review during the month of June 2018 and at 3-yearly intervals thereafter for the purposes of ensuring that the conditions are adequate to deal with any adverse effects on the environment arising from the exercise of this resource consent, which were either not foreseen at the time the application was considered or which it was not appropriate to deal with at the time.

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15.2 Consent 5147-2.0

80. My recommendation is that consent 5147-2.0 to discharge river silt and sand from mechanical pre-filtering of river water during abstraction of water, by returning it into the Tangahoe River, be approved for a period ending on 1 June 2052, subject to the following conditions:

General condition

Special conditions

(a) the conditions of this consent; and (b) the effects of the discharge authorised by this consent on: (i) instream habitat values, water quality and macroinvertebrate communities within the Tangahoe River; and (ii) native fish populations within the Tangahoe River.

Advice Note: The Taranaki Regional Council assumes responsibility for the preparation and implementation of the Monitoring Plan for annual compliance purposes.

3. At all times, the consent holder shall implement and comply with those aspects of the Monitoring Plan for which the consent holder is responsible (as detailed in the Monitoring Plan).

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Recommending Officer

Kim Giles Consent Officer

Condition Analysis Table (for both applications) No. Description Reasons for condition Determination of compliance Reason for limit

1. Effects on The standards specified in this condition are Sampling and testing of receiving Standards from s.107 RMA. surface required by Section 107 of the Resource water as necessary by Council staff water Management Act 1991. The other conditions during compliance monitoring of this consent are expected to ensure that these standards are met, but the inclusion of this condition provides more certainty and specifies the mixing zone. 2. Prepare and Reasonably needed to ensure the necessary implement compliance and other monitoring occurs. 6 months is a reasonable time to Plan received and implemented 3. monitoring Confirm environmental effects of the prepare it plan discharges 4. Review In general conditions of consent can only be N/A The frequency and timing of the reviewed if provision to do so is included in the reviews is appropriate having consent. The Council’s preference is to make considered the duration of the provision to review the conditions of all consent, its likely environmental consents to ensure that the conditions are effects, and the adequacy of the effective. knowledge of those effects.

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Agenda Memorandum

Date 17 October 2017

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Appointment of Hearing Commissioner – New Zealand Transport Agency

Approved by: A D McLay, Director – Resource Management

B G Chamberlain, Chief Executive

Document: 1898527

Purpose The purpose of this memorandum is to advise the Committee of the intended process for considering the proposed upgrade of State Highway 3 at Mt Messenger, and to recommend that, in the event that a hearing is needed, the Taranaki Regional Council delegates the authority to hear and determine resource consent applications to Cr Lean.

Recommendations That the Taranaki Regional Council: 1. receives this memorandum Appointment of Hearing Commissioner – New Zealand Transport Agency 2. subject to a hearing being necessary, in accordance with section 34A(1) of the Resource Management Act appoints Cr D Lean as a hearing commissioner, and delegates him the power to hear and determine, applications made to this Council, lodged by the New Zealand Transport Agency (NZTA) for the proposed upgrade of State Highway 3 at Mt Messenger 3. agrees that any hearing will be held jointly with New Plymouth District Council, with New Plymouth District Council as the lead agency.

Background In late October 2017, NZTA anticipates that it will lodge applications associated with the proposed upgrade and rerouting of SH3 at Mt Messenger. Expected applications would be for resource consents associated with work in stream beds such as for bridges, culverts and stream realignment, and for discharges of stormwater and sediment from earthworks. NZTA will also serve a Notice of Requirement (NOR) on New Plymouth District Council (NPDC) for designating the new route in the District Plan.

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A hearing is expected to be necessary for the resource consent applications and for the NOR, and they would be heard and considered jointly with separate decisions. The hearing would likely be held early in 2018.

Discussion For a joint hearing, the Resource Management Act (RMA) specifies that the Regional Council is the ‘lead agency’ unless the councils agree otherwise. The lead agency is responsible for notifying the hearing, setting the procedure, and providing administrative services. In this case the more significant issues are expected to be associated with the NOR so it is appropriate that NPDC is the lead agency.

NPDC is likely to appoint a single ‘external’ commissioner to hear and make a recommendation on the NOR. However, this will depend on what matters are raised in submissions.

Taranaki Regional Council’s practice has always been to delegate the hearing and determination of resource consent applications to appropriate councillors who have been accredited under the Making Good Decisions programme.

With the NPDC being lead agency it is appropriate that their commissioner chairs the hearing.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

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Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

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Agenda Memorandum

Date 17 October 2017

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Consent monitoring annual reports and case study ‘Live Water Quality Monitoring’ - moving forward with the latest technology

Approved by: G K Bedford, Director-Environment Quality

B G Chamberlain, Chief Executive

Document: 1935053

Purpose The purpose of this memorandum is to advise the Committee of 18 tailored compliance monitoring reports that have been prepared since the last Committee meeting and to introduce a case study on ‘Live water quality monitoring’- moving forward with the latest technology.

Executive summary The Council considers the regular reporting of comprehensive and well-considered compliance monitoring is vital to undergird-  community standing and reputation enhancement for companies that consistently attain good or high levels of environmental performance. Informed feedback is appropriate and valuable, and assists a proactive alignment of industry’s interests with community and Resource Management Act expectations. Reporting describes the effective value of investment in environmental systems;  a respectful and responsible regard for the Taranaki region’s environment and our management of its natural resources. Reporting allows evaluation and demonstration of the overall rate of compliance by sector and by consent holders as a whole, and of trends in the improvement of our environment; and  the Council’s accountability and transparency. Reporting gives validity to investment in monitoring and to assessments of effective intervention.

These Council reports have been submitted to the consent holder for comment and confirmation of accuracy prior to publication. All reports provide environmental performance and administrative compliance ratings for each consent holder in relation to their activities over the period being reported and provide recommendations for the following monitoring year.

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There are 18 reports for presentation to the meeting. Within the reports 17 ‘high’, 11 ‘good’, 1 ‘improvement required’ and 1 ‘poor’ gradings were assigned to various consent holders (Table 1). One report did not have any grading assigned as no resource consents were exercised. For reference, in the 2016-2017 year, consent holders were found overall to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved.

Recommendations pertaining to each site or programme are set out in the relevant report. The attention of Committee members is directed to the Executive Summary at the front of each report.

Recommendations That the Taranaki Regional Council: 1. receives the 17-5 Waitaha Catchment Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 2. receives the 17-8 BTW Company Ltd Oeo Landfarm Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 3. receives the 17-15 NPDC Water Supplies Monitoring Programme Annual Report 2016- 2017and adopts the specific recommendations therein. 4. receives the 17-21 Cheal DWI Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 5. receives the 17-23 Todd Energy Limited DWI Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 6. receives the 17-30 NPDC Colson Road Landfill Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 7. receives the 17-35 SDC Landfills Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 8. receives the 17-36 STDC Eltham Central Landfill Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 9. receives the 17-41 WRS Waikaikai Landfarm Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 10. receives the 17-44 Pacific Natural Gut String Company Limited Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 11. receives the 17-48 Origin Energy Rimu Production Station Monitoring Programme Annual Report 2016 and adopts the specific recommendations therein. 12. receives the 17-63 Tawhiti Catchment Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 13. receives the 17-71 Ample Group Ltd Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 14. receives the 17-72 Taranaki Galvanizers Monitoring Programme Annual Report 2016- 2017 and adopts the specific recommendations therein.

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15. receives the 17-75 STDC Patea Beach green waste Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 16. receives the 17-77 NPDC Landfills Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein. 17. receives the 17-84 ANZCO Foods Waitara Monitoring Programme Annual Report 2016- 2017 and adopts the specific recommendations therein. 18. receives the 17-85 STDC Coastal Structures Monitoring Programme Annual Report 2016- 2017 and adopts the specific recommendations therein.

Table 1 Report and overall environmental performance

Overall environmental Report Name performance

17-5 Waitaha Catchment Monitoring Programme Annual Report 2016-2017 7x High, 4x Good, 1x Poor 17-8 BTW Company Ltd Oeo Landfarm Monitoring Programme Annual Good Report 2016-2017 17-15 NPDC Water Supplies Monitoring Programme Annual Report 2016- Good 2017 17-21 Cheal DWI Monitoring Programme Annual Report 2016-2017 High 17-23 Todd Energy Limited DWI Monitoring Programme Annual Report 2016- High 2017 17-30 NPDC Colson Road Landfill Monitoring Programme Annual Report Good 2016-2017 17-35 SDC Landfills Monitoring Programme Annual Report 2016-2017 High 17-36 STDC Eltham Central Landfill Monitoring Programme Annual Report N/A 2016-2017 17-41 WRS Waikaikai Landfarm Monitoring Programme Annual Report 2016- Good 2017 17-44 Pacific Natural Gut String Company Limited Monitoring Programme High Annual Report 2016-2017 17-48 Origin Energy Rimu Production Station Monitoring Programme Annual High Report 2016 17-63 Tawhiti Catchment Monitoring Programme Annual Report 2016-2017 3x High 17-71 Ample Group Ltd Monitoring Programme Annual Report 2016-2017 Good 17-72 Taranaki Galvanizers Monitoring Programme Annual Report 2016- Good 2017 17-75 STDC Patea Beach green waste Monitoring Programme Annual Improvement required Report 2016-2017 17-77 NPDC Landfills Monitoring Programme Annual Report 2016-2017 High 17-84 ANZCO Foods Waitara Monitoring Programme Annual Report 2016- High 2017 17-85 STDC Coastal Structures Monitoring Programme Annual Report 2016- Good 2017

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Comparison of number of reports going to meeting in 2016-2017 reporting year 30 28 26 25 21 20 18 18 15 2015-2016 reporting year 11 10 4 2016-2017 reporting year 5 2 0 0 0 0 0 0 0 0

Discussion The case study below focuses on ‘Live Water Quality Monitoring’ and demonstrates how the Council is seeking to move forward with emerging technology. The executive summaries from the compliance monitoring reports follow.

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Case study Live Water Quality Monitoring - Moving forward with the latest technology.

In the 2016-2017 year Council provided capital funding for investment in continuous water quality monitoring in the Mangati Stream. The requirement arose directly from additional monitoring obligations placed upon the Council by the National Policy Statement on Freshwater Management. As a result Council staff purchased and installed an YSI EXO2 multi-parameter Sonde. The Sonde is a self contained sensor platform which can house a range of sensors capable of measuring a range of physical chemical parameters. These options include:

 pH and oxidation/reduction potential (pH/ORP-(currently installed)  Specific conductivity/Temperature -(currently installed)  Dissolved Oxygen (DO- currently installed)  Central sensor wiper (currently installed)  Temperature (currently installed)  Turbidity (currently installed)  Chlorophyll  Ammonia  Nitrate  Chloride  Dissolved organic matter (fDOM) The deployment of this device has multiple purposes:

1. To provide live physicochemical data on the state of the Mangati Stream to augment compliance monitoring and SOE monitoring activities. 2. To test effectiveness and reliability of the EXO2 Sonde platform 3. To act as training platform for the Council staff to gain experience and knowledge in the use of this technology.

Initially Council staff have trialled 4 sensors that measure nine parameters either directly or via calculation with data from other sensor in the cluster: pH, ORP, temperature, conductivity, specific conductivity, dissolved oxygen concentration, and dissolved oxygen saturation. Further calculations can also derive estimated suspended solids and total dissolved solids. The central wiper assembly cleans the sensor heads prior to each measurement to ensure accuracy.

The sensors have been in place since November 2016 and they have performed well and the system appears to be reliable, robust and accurate.

The unit is installed in the Mangati Stream just above State Highway 3 in a protective cover. It is hard wired into the telemetry station at the site which returns data to the Council database every 30 minutes.

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The sampling regimen is once every 15 minutes which incudes a sensor wiper sequence then a 1 minute period of continuous data collection, of which the average of which is transmitted to Council.

Figure 1 Installation in the Mangati Stream

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Quality assurance and calibration

The data is monitored daily for anomalies, and validation checks are performed every two weeks with a similar but portable unit (YSI ProDSS multi-parameter meter). The Sonde is also retrieved monthly (or earlier if required due to stream conditions) for calibration and cleaning to remove biological and sediment fouling. All data collected from validations and calibrations is compiled to audit the final data using National Environmental Standards procedures (NEMS).

ProDSS Multi-parameter hand held meter

The ProDSS is a handheld device with four sensor ports capable of hosting the same type of sensors as the Sonde. As the sensors are all built by YSI to have the same sensitivities and specifications, this makes this a useful full tool for both Sonde validation. However its portability and on-board memory and logging capability also makes it useful for compliance monitoring and short term deployments for freshwater investigations.

Figure 2 ProDSS hand held meter used for validation of Sonde data

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Sample data from the Sonde.

Traces for river level (black), specific conductivity (orange) and pH (red), show pH and conductivity drop during increased river flows due to stormwater water inputs into the stream.

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Traces for river level (black), dissolved oxygen (orange) and temperature (red), show that the diurnal dissolved oxygen cycle is mostly dominated by temperature rather than by instream photosynthesis derived from hours of daylight. Note the disturbance in this cycle during stream higher flows.

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Figure 3 Sonde after removal from stream after one month for cleaning and calibration. Note the very clean sensor ends as a result of the wiper brush.

Figure 4 Sensor removal and cleaning

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Figure 5 Cleaned and calibrated Sonde reassembled for reinstallation.

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17-5 Waitaha Catchment Monitoring Programme Annual Report 2016- 2017 This 2016-2017 annual compliance monitoring report is the 23rd report by the Taranaki Regional Council (the Council) to be prepared for the monitoring programme in the Waitaha Stream catchment. The monitoring programme was established in 1994 to integrate the monitoring associated with the air and water monitoring of the formaldehyde resin manufacturing plant now owned by AICA (NZ) Ltd (formerly owned by Dynea NZ Ltd) and Taranaki Sawmills Ltd with other discharges in the catchment. Twelve industrial premises were monitored under this programme during the year under review. The monitoring reflects an on-going process of identifying and improving discharges into the catchment in a similar manner to the management of those in the neighbouring Mangati Stream catchment. A total of 17 consents were included in the monitoring programme during the 2016-2017 monitoring period. Of these, 10 licence discharges to water, one licence a discharge to land, and six licence discharges to air. These consents include a total of 203 special conditions. Overall, a good level of environmental performance was achieved by the consent holders in the industrial area of the Waitaha Stream catchment. The Council’s monitoring included 39 inspections, 48 discharge samples and 11 receiving water samples collected for physicochemical analysis, a review of consent holder monitoring data, odour surveys, ambient air quality analyses, ambient PM10 monitoring, and deposition gauging. During the year under review, inspection found that the sites were generally well managed, with only transient non-compliances found at some sites, most of which were addressed in a timely manner. Non-compliant levels of suspended solids continue to be a persistent issue and enforcement action has been taken to resolve this. Chemical monitoring of the stream found that although there were measurable changes in some parameters, most of these would have resulted in only minor transient effects at most. In terms of guidelines, no exceedances of guidelines copper, ammoniacal nitrogen, or biochemical oxygen demand were noted. Zinc was found to be elevated with three samples exceeding median values and the United States Environmental Protection Agency (USEPA) guidelines for short term exposure. Overall the consented discharges in the Waitaha catchment achieved a good level of environmental compliance and Council is continuously working with consent holders to apply best practice. The Council, in cooperation with New Plymouth District Council (NPDC) as the consented reticulation owners, is also educating and engaging with non- consent holders in the catchment who may be unaware of their environmental and regulatory obligations. There were a total of 10 unauthorised incidents recorded in this catchment during the period under review, seven of which were substantiated at the time of investigation by Council Officers. All of the substantiated incidents were related to consent holders monitored under this programme (C&O Concrete Ltd – 1, Taranaki Sawmills Ltd – 5, Symons Property Development Ltd - 1). During the year, AICA (NZ) Ltd demonstrated an overall high level of environmental performance and a good level of administrative performance and compliance. During the year, C&O Concrete Products Ltd demonstrated a good level of environmental performance and a high level administrative performance. There was one exceedance of

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suspended solids limits in the discharge; however subsequent sampling showed that the site had become compliant. During the year, Energyworks Ltd demonstrated a high level of environmental performance and a high level of administrative performance. During the year, Greymouth Facilities Ltd demonstrated a high level of environmental performance and a high level of administrative performance. During the year, Intergroup Ltd demonstrated a high level of environmental performance and a high level of administrative performance. During the year, Meredith Metals Ltd demonstrated a high level of environmental performance and a high level of administrative performance. During the year, NPDC demonstrated a good level of environmental performance. Although the suspended solids limit on the consent was exceeded on one occasion, there were no significant increases of stream turbidity recorded and subsequent sampling returned compliant results. During the year, in regard to stormwater discharges, Symons Property Development Ltd demonstrated a good level of environmental performance and a good level of administrative performance. During the year, Taranaki Sawmills demonstrated a good level of administrative performance and an improvement is required in Taranaki Sawmills’ poor level of environmental performance. There are persistent issues in regards to suspended solid concentrations at the site and the two infringement fines were issued for breaching the terms of that abatement notice and consent conditions. An abatement notice was also issued for a waste stream not being diverted as per consent conditions. During the year, TBS Coatings Ltd demonstrated a high level of environmental performance and a high level of administrative performance. During the year, Weatherford New Zealand Ltd a demonstrated good level of environmental performance and a good level of administrative performance. During the year, Woodwards 2008 Ltd demonstrated a high level of environmental performance and high level of administrative performance. During the year, Zelam Ltd demonstrated a high level of environmental performance and high level of administrative performance. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. In terms of overall environmental and compliance performance by the consent holders over the last several years, this report shows that the consent holders’ performances remained generally at a high to good level in the year under review. This report includes recommendation for the 2017-2018 year.

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17-8 BTW Company Ltd Oeo Landfarm Monitoring Programme Annual Report 2016-2017 BTW Company Ltd (the Company) operates a drilling waste landfarm which is located on South Road near Manaia, in the Rawa catchment, South Taranaki. The site was operational in terms of stockpiling and landfarming between September 2012 and November 2013. In this time period (2012-2013) the site sequestered water and synthetic based drilling muds with associated rock cuttings to land under the process of landfarming. The facility has been remediating since this date. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental and consent compliance performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities. The Company holds one resource consent, which includes a total of 24 conditions setting out the requirements that the Company must satisfy. During the monitoring period, BTW Company Ltd demonstrated an overall Good level of environmental performance. The Council’s monitoring programme for the year under review included five inspections, eight water samples collected for physicochemical analysis and four composite soil samples. The monitoring indicated that the elevated saline impacts, observed in the long term record of groundwater analysis had reduced to below the conditional limit in the final round of groundwater monitoring in this period. However, trace results of total petroleum hydrocarbons range C10-C14 (two rounds) and C15-C36 (one round) and trace benzene (one round) were observed. These trace results had reduced to below the laboratory limit of detection in the final groundwater monitoring round undertaken in May 2017. Soil sampling of the final landfarmed application area, area F3, had indicated that this area of the site was close to its conditional limit for surrender. The analytical results of two of four soil samples collected, were marginally above the surrender concentration set for mid range hydrocarbons (C10-C14). The remaining contaminates of concern were found to be within surrender concentrations. The main aim of the upcoming monitoring year will be to confirm that surrender criteria has been reached in area F3. Some issues in regards to revegetation were noted during inspections. During the year, the Company demonstrated a good level of environmental and a high level of administrative performance with the resource consent. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance has remained at a good level. This report includes recommendations for the 2017-2018 year.

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17-15 NPDC Water Supplies Monitoring Programme Annual Report 2016-2017 New Plymouth District Council (NPDC) operates four water supply schemes in the New Plymouth District. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess NPDC’s environmental performance and consent compliance during the period under review. NPDC holds 19 resource consents, relating to those water supply systems which include a total of 149 conditions setting out the requirements that the consent holder must satisfy. There are seven consents to take and use water, four consents to discharge to water, seven consents to maintain structures, and one consent to discharge filter backwash onto and into land. During the monitoring period, NPDC demonstrated an overall good level of environmental performance. The Council’s monitoring programme for the year under review included an annual inspection of each water supply scheme, four samples collected for water quality analysis, two fish surveys, and an assessment of the abstraction and discharge data provided by NPDC. The monitoring showed that overall the NPDC water schemes are well operated and maintained and appeared to be having no adverse effects on the environment. NPDC provided all the abstraction data required under consent conditions and the data showed that all daily volume limits and instantaneous abstraction rates were complied with. One matter addressed during the monitoring period in relation to the improvement of fish screens at the Lake Mangamahoe intakes. NPDC has outlined an approach to address this issue. During the year, NPDC demonstrated a good level of environmental and a high level of administrative performance with the resource consents. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that NPDC has maintained a high to good level of performance. This report includes recommendations for the 2017-2018 year.

17-21 Cheal DWI Monitoring Programme Annual Report 2016-2017 Cheal Petroleum Limited (the Company) operates a number of wellsites within the Taranaki Region, most notably their Cheal wellsites located south of Stratford. Each wellsite contains varying numbers of producing wells and associated production infrastructure. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) in relation to the Company’s deep well injection (DWI) activities. The report details the results of the monitoring undertaken, assesses the Company’s environmental performance during the period under review and the environmental effects of their DWI activities.

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The Company held five resource consents for DWI activities during the review period, which included a total of 80 conditions setting out the requirements that the Company must satisfy. Only three of the consents were exercised during the period being reported. During the monitoring period the Company demonstrated an overall high level of environmental performance. The Council’s monitoring programme for the year under review included annual site inspections of all wellsites, two injectate samples and 11 groundwater samples collected for physicochemical analysis. The monitoring programme also included a significant data review component, with all injection data submitted by the company assessed for compliance on receipt. The monitoring showed that the Company’s DWI activities were being carried out in compliance with the conditions of the applicable resource consents. There is no evidence of any issues with any injection well currently in use, or the ability of the receiving formation to accept injected fluids. The results of groundwater quality monitoring undertaken show no adverse effects of the activity. Inspections undertaken during the monitoring year found sites being operated in a professional manner and there were no Unauthorised Incidents in relation to any of the Company’s DWI consents. During the year, the Company demonstrated a high level of environmental and administrative performance with the resource consents. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. In terms of overall environmental and compliance performance by the Company over the last several years, this report shows that the Company’s performance remains at a high level. This report includes recommendations to be implemented during the 2017–2018 monitoring period.

17-23 Todd Energy Limited DWI Monitoring Programme Annual Report 2016-2017 Todd Energy Limited (the Company) operates a number of wellsites across North Taranaki, including the Tuhua, Pouri, and McKee wellsites, located east of New Plymouth. Each wellsite contains varying numbers of producing wells and associated production infrastructure. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) in relation to the Company’s deep well injection (DWI) activities. The report details the results of the monitoring undertaken, assesses the Company’s environmental performance during the period under review and the environmental effects of their DWI activities. The Company holds four resource consents for DWI activities, which include a total of 71 conditions setting out the requirements that the Company must satisfy. Three of the four consents were exercised during the period being reported. During the monitoring period the Company demonstrated an overall high level of environmental performance. The Council’s monitoring programme for the year under review included annual site inspections, two injectate samples and five groundwater samples collected for

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physicochemical analysis. The monitoring programme also included a significant data review component, with all injection data submitted by the Company assessed for compliance on receipt. The monitoring showed that the Company’s DWI activities were being carried out in compliance with the conditions of the applicable resource consents. There is no evidence of any issues with any injection well currently in use, or the ability of the receiving formation to accept injected fluids. The results of groundwater quality monitoring undertaken show no adverse effects of the activity at monitored locations. Inspections undertaken during the monitoring year found sites being operated in a professional manner and there were no Unauthorised Incidents in relation to any of the Company’s DWI consents. During the year, the Company demonstrated a high level of environmental and administrative performance with the resource consents. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. In terms of overall environmental and compliance performance by the Company over the last several years, this report shows that the Company’s performance remains at a high level. This report includes recommendations to be implemented during the 2017–2018 monitoring period.

17-30 NPDC Colson Road Landfill Monitoring Programme Annual Report 2016-2017 The New Plymouth District Council (NPDC) operates a regional landfill located on Colson Road, New Plymouth, in the Waiwhakaiho catchment. The landfill is currently filling Stage 3 of the site which has a design capacity of approximately 800,000 cubic metres. Stages one and two have been closed and are fully reinstated. This report, for the period July 2016 to June 2017, describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the consent holder’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the consent holder’s activities. Overall, NPDC demonstrated an overall good level of environmental performance. NPDC holds a total of eight resource consents in relation to the Colson Road landfill. These consents contain a total of 105 special conditions setting out the requirements that NPDC must satisfy. NPDC holds one consent to discharge uncontaminated stormwater into the Puremu Stream, two consents to discharge leachate and contaminated stormwater into the Puremu Stream, two consents to discharge emissions into the air, one consent to discharge solids onto and into land and one consent to discharge stormwater from earthworks. NPDC also holds one consent to divert water. The Council’s monitoring programme for the year under review included 12 inspections, eight stormwater/discharge samples, 18 surface water samples, seven groundwater samples, two biomonitoring surveys of receiving waters, and three air quality surveys. NPDC also collected seven leachate samples and three under-liner drainage samples for physicochemical analysis. At inspection issues were found in regards to site management, and although most of them were resolved and none resulted in significant off site effects, the issue of cap management and

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maintenance on Stage 2 were recurrent, and remained unresolved at the end of the monitoring period. Groundwater and under liner drainage sampling indicated that there is no significant contamination occurring in the local aquifer as a result of the landfill’s presence, although there maybe emerging trends of increasing, but still low level, concentrations of chloride and nitrate/nitrite nitrogen in some bores. Chemical and bacteriological monitoring of the Puremu and Manganaha Streams found that the receiving water quality criteria on the consents were met at the time of the three sampling surveys. Although biomonitoring found that the macroinvertebrate results were indicative of poor to fair or poor biological health at some of the Puremu Stream sites, this was considered to be a reflection of the poor habitat conditions at these sites. It was concluded that the results were not indicative of any significant adverse effects on either the Puremu Stream or the Manganaha Stream from the discharges from the Colson Road landfill at the time of 2016- 2017 surveys. Air quality monitoring showed that off site there were no significant adverse effects in relation to suspended particulates, dust deposition rates or odour beyond the site boundary. There were three odour complaints received in the 2016-2017 period that were associated with the Colson Road landfill. It was found that the site was compliant with consent conditions at the time of investigation, and on two occasions there were low level intermittent odours. Overall, NPDC demonstrated a good level of environmental performance and administrative compliance with the resource consents. During the year under review there were fugitive odorous gases being emitted into the air from numerous locations onsite, without proper treatment prior to discharge, which had the potential to cause significant adverse effects. However, no substantiated odour complaints were found, and NPDC are working towards the installation of a landfill gas flare to address the issue. For reference, in the 2016-2017 year, 74% of consent holders in Taranaki monitored through tailored compliance monitoring programmes achieved a high level of environmental performance and compliance with their consents, while another 21% demonstrated a good level of environmental performance and compliance with their consents. In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance improved in the year under review, with further improvements expected in the 2017-2018 year with the installation of a gas collection and treatment system. This report includes recommendations for the 2017-2018 year including a recommendation relating to an optional review of consents 4619-1, 4620-1, 4621-1, and 4779-1.1.

17-35 SDC Landfills Monitoring Programme Annual Report 2016-2017 The Stratford District Council (SDC) maintains a closed landfill located on Victoria Road at Stratford, in the Patea catchment. The landfill was closed to the public on 11 March 2002 and to commercial disposers on 23 March 2002. The site has more recently been used to dewater and dispose of oxidation pond sludge from the adjacent municipal wastewater treatment plant. This activity ceased in early 2006, and the landfill was recapped and reinstated. The

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only external material now accepted at the landfill is soil from a local sawmill site remediation project. This activity is covered by separate consent1 held by a third party. SDC also maintains closed landfills at Douglas Road, Huiroa, and Wingrove Road, Pukengahu, in the Patea catchment. Both the Huiroa and Pukengahu landfills have been closed since 1991, but are still monitored with regards to maintenance and leachate discharge on a triennial basis. Monitoring of these sites was not undertaken during the 2016-2017 year, with monitoring next scheduled in the 2017-2018 year. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess SDC’s environmental performance of these closed landfills during the period under review, and the results and environmental effects of SDC’s activities. SDC holds three resource consents, which include a total of 19 special conditions setting out the requirements that SDC must satisfy. During the monitoring period, SDC demonstrated an overall high level of environmental performance. The Council’s monitoring programme for the closed landfill at Stratford included two inspections, two receiving water and six ground water samples collected for physicochemical analysis, and one biomonitoring survey of receiving waters. Management Plans required by the Huiroa and Pukengahu closed landfill consents that were renewed in June 2016, were received and reviewed. There were no incidents recorded by the Council in regards to SDC’s landfill sites during the period under review and the monitoring showed that there were only minor effects on the environment due to the discharges at the closed Stratford landfill site. During the year, SDC demonstrated a high level of environmental performance and good level of administrative performance with the Stratford landfill resource consent. As with the 2014-2015 and 2015-2016 years, there was some minor ponding occurring on the site and some re-contouring is needed to ensure that all areas of the cap remain free draining. During the year, the environmental performance was not assessed in relation to SDC’s Huiroa landfill resource consent. Their administrative performance was high. During the year, the environmental performance was not assessed in relation to SDC’s Pukengahu landfill resource consent. Their administrative performance was high. For reference, in the 2016-2017 year, 74% of consent holders in Taranaki monitored through tailored compliance monitoring programmes achieved a high level of environmental performance and compliance with their consents, while another 21% demonstrated a good level of environmental performance and compliance with their consents. In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remained at a high level in the year under review. This report includes recommendations for the 2017-2018 year.

1 Consent 7645-1 Alby M Limited

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17-36 STDC Eltham Central Landfill Monitoring Programme Annual Report 2016-2017 In 1996 the South Taranaki District Council (STDC) instigated plans to establish a large landfill in the Eltham area. The (proposed) Eltham Central landfill site is situated in the Waingongoro catchment on Rotokare Road approximately two kilometres south of Eltham The purpose of this site was originally to accept waste from the South Taranaki and Stratford Districts. The plan was changed to allow for a regionalised approach to waste disposal and the site is now currently a proposed option as the replacement regional landfill once the facility at Colson Road, New Plymouth has reached capacity. As it is now expected that the Colson Road landfill will be closing at the end of June 2019, detailed planning has started for the facility. This report for the period July 2016 to June 2017 describes the baseline monitoring programme implemented by the Taranaki Regional Council (the Council). The STDC holds a total of five consents which contain a total of 77 special conditions. These consents cover all aspects of the construction and operation of the landfill. At present none of the consents held by STDC in relation to landfill construction and operation have been exercised. The consents have extended lapse periods to allow for an interim period prior to exercise. Consent conditions specify that baseline monitoring of the ground and surface receiving waters are to be undertaken to obtain data for comparison to that gathered from compliance monitoring surveys when the landfill has commenced operations. To date the baseline monitoring has included some biological (macroinvertebrate) investigations, determination of a range of indicator physicochemical parameters in the groundwater and surface waters, and gathering some groundwater level data. During the monitoring period, the environmental performance of STDC at the Eltham Central Landfill was not assessed as the consents are yet to be exercised. Consent conditions specify that baseline monitoring of the ground and surface receiving waters are to be undertaken to obtain data for comparison to that gathered from compliance monitoring surveys when the landfill has commenced operations. This report outlines all of the consents held by the STDC, reports on the baseline monitoring activities carried out in the 2016-2017 period, and discusses these results along with the previously obtained groundwater monitoring results. As some baseline monitoring had been undertaken for a number of years, and there had been uncertainty around if and when the consents might be exercised, monitoring had been scaled back to consist of the collection and analysis of six surface water samples per year since the 2014-2015 year. The monitoring has shown that surface water quality is comparable to that found during previous monitoring periods and was indicative of good water quality when compared to that expected in similar streams in the area. The only exception to this is the occasional high faecal coliform count. During the year under review, a high faecal coliform result was recorded in February 2017; an investigation could not identify the source of the elevated result. No incidents were recorded by the Council in regards to the consents included in this programme during the period under review. During the monitoring year the Council liaised closely with STDC around the detailed requirements of the consent, and how these requirements can be accommodated through the landfill design. Consideration must also being given to changes in legislation and current best practice. This work is predominantly considered to be outside the scope of the baseline

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monitoring programme, however where there are resultant changes to the baseline monitoring programme, they have been included in this report. STDC demonstrated a high level of administrative compliance with its resource consents. No rating is given for environmental effects as none of the consents included in this programme have been exercised. For reference, in the 2016-2017 year, 74% of consent holders in Taranaki monitored through tailored compliance monitoring programmes achieved a high level of environmental performance and compliance with their consents, while another 21% demonstrated a good level of environmental performance and compliance with their consents. This report includes recommendations for the 2017-2018 year, including recommendations regarding additional baseline monitoring, now that landfilling at the site is expected to commence around the end of the 2018-2019 monitoring year.

17-41 WRS Waikaikai Landfarm Monitoring Programme Annual Report 2016-2017 Waste Remediation Services Ltd (WRS) operates a drilling waste landfarm (Waikaikai Landfarm) located off Lower Manutahi Road at Manutahi, South Taranaki, in the Mangaroa catchment. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess WRS’s environmental and consent compliance performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of their activities. WRS holds one resource consent, which includes a total of 32 conditions setting out the requirements that they must satisfy. In this monitoring period a small amount of material was landfarmed. This material comprised the stored drilling material within the last unlined drilling storage cell in Taranaki. The site also acted as contingency storage for the consent holder’s other landfarm at Symes, Manawapou. All landfarmed areas were submitted for surrender analysis at the end of the monitoring period. The resultant analysis indicated that the areas utilised for the practice of landfarming had generally met their conditional limit for surrender with only one parameter above the surrender limit. Sodium concentrations within the soil were elevated above the conditional surrender limit of 460 mg/kg, with the most elevated concentration at 550 mg/kg. All other analytes were below their limit as specified by the consent. The rationale for allowing the areas to be surrendered, despite the elevated sodium concentrations, was due to the observations undertaken by the Council of the long term analysis of the sodium absorption ratio (SAR). The long term record indicated that the SAR had remained stable below four (<4) SAR for the soil samples collected since 2012. The consent limit was set at 18 SAR. In order for these areas to be recognised as surrendered by consent, the consent holder would be required to submit the analysis to the Council. Stormwater management will require additional mitigation in the upcoming period, as the currently stored material has the potential to flow overland into surrender assessed areas of

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the site during intense rainfall. This could adversely affect the remediated areas if left unresolved. Monitoring indicated that saline impacts are still apparent in the groundwater in the immediate vicinity of the storage cells. One monitoring well, in similarity to last monitoring year, remained above its conditional limit of 2,500 g/m3 total dissolved salts, however it is reducing. The removal of the unlined cell is likely to have resulted in a corresponding reduction in the saline concentration observed in the specific impacted well. During the monitoring period, WRS demonstrated an overall good level of environmental performance. The Council’s monitoring programme for the year under review included seven inspections, 20 water samples and two soil samples collected for physicochemical analysis. Twenty additional soil samples were collected at the request of the consent holder and were submitted for surrender analysis. During the year, WRS demonstrated a Good level of environmental and a High level of administrative performance with the resource consents. For reference, in the 2016-2017 year 74% of consent holders in Taranaki, monitored through compliance monitoring programmes achieved a high level of environmental performance and compliance with their consents, while another 21% demonstrated a good level of environmental performance and compliance with their consents. In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance is improving in the year under review. This report includes recommendations for the 2017-2018 year.

17-44 Pacific Natural Gut String Company Limited Monitoring Programme Annual Report 2016-2017 The Pacific Natural Gut String Company Limited (the Company) owns a natural gut processing plant located on SH45 west of Manaia, in the Kaupokonui River catchment. The plant is currently dormant, having last operated in 2013. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental and consent compliance performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities. The Company holds one resource consent, which includes a total of seven conditions setting out the requirements that the Company must satisfy. During the monitoring period, the Company demonstrated an overall high level of environmental performance. The Council’s monitoring programme included two inspections and one water sample collected from the wastewater discharge for physicochemical analysis. During the 2016-2017 monitoring year, the factory was not in operation and as a result there had been no consent related activity on-site. There were some administrative issues that meant that the contingency plan was not adhered to. Overall, the monitoring that was undertaken during the period under review found that the likely environmental effects from the exercise of resource consent 0934-3 were negligible.

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During the year, the Company demonstrated a high level of environmental performance and a level of administrative performance with the resource consent that required improvement. For reference, in the 2016-2017 year, 74% of consent holders in Taranaki monitored through tailored compliance monitoring programmes achieved a high level of environmental performance and compliance with their consents, while another 21% demonstrated a good level of environmental performance and compliance with their consents. In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance had deteriorated in the year under review. This report includes recommendations for the 2017-2018 year.

17-48 Origin Energy Rimu Production Station Monitoring Programme Annual Report 2016 Origin Energy Resources NZ Limited (Origin Energy) operated a petrochemical production station located on Mokoia Road at Mokoia, in the Manawapou catchment. The production station and associated wellsites were divested to Westside New Zealand Limited on 1 November 2016. This report for the period 1 July 2016 to 31 October 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental and consent compliance performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities. The Company held three resource consents, which included a total of 43 conditions setting out the requirements that the Company must satisfy. The Company held one consent to discharge stormwater onto and into land and into an unnamed tributary of the Manawapou River, and two consents to discharge emissions into the air at this site. During the monitoring period, Origin Energy demonstrated an overall high level of environmental performance. The Council’s monitoring programme for the period under review included two inspections and three water samples collected for physicochemical analysis. The monitoring showed that the stormwater discharge was not having a significant adverse effect on the water quality of the unnamed tributary of the Manawapou River and that there were no adverse effects noted as a result of the exercise of the air discharge permits at the Rimu Production Station. During the year, Origin Energy demonstrated a high level of environmental and administrative performance with respect to their resource consents. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remained at a high level during the period under review. This report includes recommendations for the 2017-2018 year.

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17-63 Tawhiti Catchment Monitoring Programme Annual Report 2016- 2017 The Tawhiti Stream catchment, east of Hawera, is the location of several industries that include a meat processing plant, a meat rendering plant, and a trout hatchery. The companies that run these industries hold a number of resource consents to allow abstraction of water, discharge of stormwater to the stream, discharge of emissions into the air, disposal of paunch material to land, and placement of a structure across the stream. This report for the period July 2016-June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the companies’ environmental performance during the period under review, and the results and effects of the companies’ activities. A total of 12 resource consents are held, which include a total of 102 conditions setting out the requirements that the companies must satisfy. The Council's monitoring programme included site inspections, the collection of discharge water samples, and sampling of the receiving water body for physico-chemical analysis. A hydrometric station is maintained on the stream for the continuous measurement of flow rate and temperature. Silver Fern Farms Ltd (meat processing plant) demonstrated an overall high level of environmental performance. The Company holds six resource consents, to allow it to maintain a dam in and to take from the Tawhiti Stream; to discharge to the stream and to land; and to discharge emissions into the air. During the period under review, there were no incidents reported in relation to activities at the site. Abstraction volumes complied with the consent limit. Telemetry of abstraction data to Council was installed in October 2012, with provision for transmission of cooling water flow and temperature data in the future, if required. Graeme Lowe Protein Ltd (meat rendering plant) demonstrated an overall high level of environmental performance. The Company holds four resource consents, to allow it to take from and discharge to the Tawhiti Stream, and to discharge emissions into the air. In September 2014, the plant ceased to process renderable materials, except blood. Offal from the adjacent meat processing plant was stored on site for daily transport to a rendering plant at Okaiawa. The offal load-out facility was upgraded in 2015-2016, with the installation of automatic augurs and dedicated bins. During the period under review, there were no incidents reported in relation to activities at the site. Abstraction volumes complied with the consent limit. Telemetry of abstraction data to Council was installed in October 2012, with provision for transmission of cooling water flow and temperature data in future, if required. Taranaki Fish and Game Council (trout hatchery) demonstrated an overall high level of environmental performance. The organisation holds two resource consents, to allow it to take and use water from, and to discharge to, the Tawhiti Stream. Two inspections were conducted during the review period,

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which indicated that contaminants in the discharge to the Tawhiti Stream were minimal and had no significant environmental effect. During the period under review, there were no unauthorised incidents reported in relation to activities at the site. Physico-chemical surveys of Tawhiti Stream, carried out on five occasions in dry and wet weather conditions during the review period, showed no adverse effect on the stream as the result of activities at the sites of Silver Fern Farms Ltd, Graeme Lowe Protein Ltd and Taranaki Fish & Game. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. It is recommended that the monitoring programme for 2017-2018 continue at its present level.

17-71 Ample Group Ltd Monitoring Programme Annual Report 2016- 2017 Ample Group Ltd (the Company) operate an abattoir and rendering plant, located on Mountain Road at Stratford, in the Kahouri Stream catchment, a tributary of the Patea River. The Company currently processes beef. Wastewater is treated in a two pond system, which is either irrigated to land when conditions allow, or to the Kahouri Stream during high flow conditions. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental and consent compliance performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities. The Company holds six resource consents, which include a total of 92 conditions setting out the requirements that the Company must satisfy. The Company holds one consent to allow it to take and use water, two consents to discharge effluent and stormwater into the Kahouri Stream, two consents to discharge wastewater and degenerating product to land, and one consent to discharge emissions into the air at this site. During the monitoring period, Ample Group Ltd demonstrated an overall good level of environmental performance. The Council’s monitoring programme for the year under review included four inspections, eight water samples collected for physicochemical analysis, three hydrological gaugings and two, three site biomonitoring surveys of receiving waters. As in previous years, the monitoring indicated that the day to day running of the site was generally of a good standard. There were processes in place to minimise the contamination of stormwater and to minimise the generation of wastewater, but this could be further improved. The discharge of wastewater into the Kahouri Stream did not cause any recorded impact on the macroinvertebrate communities of this stream, and the impact on water quality was minimal. However, discharge rates to the Kahouri Stream need to be reduced to ensure a 1:100 dilution. The irrigation of wastewater was undertaken with no significant adverse effects on the environment, but further improvement regarding preferentially applying wastewater to land as opposed to the Kahouri Stream would be desirable. Water quality monitoring indicated an increase in ammoniacal nitrogen in the unnamed tributary

184 Consents and Regulatory Committee - Consent monitoring annual reports and case study 'Live Water Quality Monitoring' - moving forward with the latest technology

as it flowed through these paddocks, although not to the extent as to have a impact on the stream biota. This increase was likely due to the historical over application of nitrogen to these paddocks by a previous company. There were no unauthorised incidents recording non-compliance in respect of this consent holder during the period under review. In addition, although odour was noted during one inspection, there was no odour noted that was considered likely to cause off-site effects. The rendering plant has closed, and this is likely to reduce the number of odour complaints related to the site. During the year, the Company demonstrated a good level of environmental performance but improvement was required for administrative performance with the resource consents. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. In terms of overall environmental and compliance performance by the consent holder, this report shows that the consent holder’s performance remains at a good level. This report includes recommendations for the 2017-2018 year.

17-72 Taranaki Galvanizers Monitoring Programme Annual Report 2016- 2017 Taranaki Galvanizers Ltd (the Company) operate a zinc galvanising plant located on Monmouth Road, approximately 1 kilometre north of Stratford in the Kahouri Stream catchment. The Company utilises a hot-dip galvanising process to provide a protective coating for steel materials. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental and consent compliance performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities. The Company holds two resource consents, which include a total of 16 conditions setting out the requirements that the Company must satisfy. The company holds one consent to allow it to discharge stormwater into an unnamed tributary of the Kahouri Stream, and one consent to discharge emissions into the air at this site. During the monitoring period, Taranaki Galvanizers demonstrated an overall good level of environmental performance. The Council’s monitoring programme for the year under review included two inspections and six water samples collected for physicochemical analysis during the reported period. Elevated zinc concentrations were recorded in the receiving waters upstream and downstream of the Company’s discharge. There was one Unauthorised Incident recording non-compliance during the period under review, including one breach of the consent limit for zinc from the industrial discharge novaflow pipe (IND005014), sampled 26 June 2017. At the end of the review period this incident was still being investigated. The historical disposal of galvanising waste materials into a bore on the Company’s site is considered to be the most likely source of zinc contamination in this discharge, and in the unnamed tributary of the Kahouri Stream. However results from the current monitoring period suggest that zinc levels continue to remain relatively stable and are decreasing over time in the receiving environment.

185 Consents and Regulatory Committee - Consent monitoring annual reports and case study 'Live Water Quality Monitoring' - moving forward with the latest technology

In the reported period, no effect of emissions to air from the galvanising site was detected at or beyond the boundary of the site during inspections. During the year, the Company demonstrated a good level of environmental performance with the resource consents. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a good to high level in the year under review. This report includes recommendations for the 2017-2018 year, including a recommendation that the monitoring programme continue on the same basis as that in the previous monitoring period. It is recommended that deposition gauging only occur if circumstances warrant it such as complaints from neighbours or visible smoke extending beyond the Company’s boundary.

17-75 STDC Patea Beach Green Waste Monitoring Programme Annual Report 2016-2017 South Taranaki District Council (STDC) operates a green waste disposal area located on Beach Road at Patea Beach. The site was established as a public facility that could accept green waste for sand dune stabilisation purposes. The site is consented to accept green waste from the Patea community and from STDC’s kerbside and transfer station collection. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess STDC’s environmental performance and consent compliance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of STDC’s activities. STDC holds one resource consent, which includes a total of 12 conditions setting out the requirements that they must satisfy. The consent is for the purpose of discharging green waste onto land for stabilisation purposes. During the monitoring period, an improvement was required in STDC’s level of environmental performance at the Patea Beach green waste site. The Council’s monitoring programme for the period under review included six compliance monitoring inspections of the site focussing on types of materials discharged, stormwater and leachate control, and emissions to air. During the period under review, the Council received a complaint regarding illegal dumping at the site. During the investigation of this complaint, it was found that previously dumped unacceptable wastes had been incorporated into the green waste that had been placed and covered in the fore dune areas. This was being exposed by the severe coastal erosion that occurred during the spring months. An abatement notice was issued and STDC continued to monitor the coastal areas and remove any exposed unacceptable material. As in previous years, the 2016-2017 monitoring showed that some illegal dumping of non green waste material occurred in the drop off area at the site on several occasions during the monitoring period. The surveillance equipment installed during 2015-2016 year, to aid in the prevention and identification of those illegally dumping unacceptable waste materials at the

186 Consents and Regulatory Committee - Consent monitoring annual reports and case study 'Live Water Quality Monitoring' - moving forward with the latest technology

site, was not completely successful. As a result, the public green waste drop off area was closed mid way through the year under review. During the monitoring year, an improvement was therefore required in the STDC’s environmental performance and compliance with the resource consents defined in Section 1.1.4. For reference, in the 2016-2017 year, 74% of consent holders in Taranaki monitored through tailored compliance monitoring programmes achieved a high level of environmental performance and compliance with their consents, while another 21% demonstrated a good level of environmental performance and compliance with their consents. In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the STDC’s performance has declined from a high level to improvement required for this site. This report includes recommendations for the 2017-2018 year.

17-77 NPDC Landfills Monitoring Programme Annual Report 2016-2017 The New Plymouth District Council (NPDC) maintains two reinstated landfills, one at Inglewood and one at Okato. Both landfills have been used in the past, and are now used as transfer stations but are also held in reserve to accept refuse, if required, as a contingency. The Inglewood landfill is located on King Road at Inglewood, in the Waiongana catchment, and the Okato landfill is located on Hampton Road at Okato, in the Kaihihi catchment. NPDC also maintains a closed landfill, Marfell Park (Marfell) landfill in the Huatoki catchment. This landfill does not accept any waste for disposal and has been fully reinstated. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess NPDC’s environmental and consent compliance performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of NPDC’s activities in regard to these closed landfills. NPDC holds seven resource consents, which include a total of 59 conditions setting out the requirements that they must satisfy. NPDC holds three consents to discharge leachate and stormwater into various streams, two consents to discharge contaminants onto and into land, and two consents to discharge emissions into the air. During the monitoring period, NPDC demonstrated an overall high level of environmental performance. The Council’s monitoring programme for the year under review included seven inspections, three discharge samples, 13 receiving water samples, two biomonitoring surveys of receiving waters, and one ambient air quality analysis. The biennial monitoring scheduled for the Marfell landfill site was implemented during the year under review. During the monitoring year there were no incidents logged by Council associated with NPDC’s landfills covered in this report. Overall during the year, NPDC demonstrated a good level of environmental performance and a high level of administrative performance in relation to the Inglewood landfill consents as defined in Section 1.1.5. Although no significant environmental effects were found due to the operation of the site, the trend of increasing concentrations of nitrogen compounds in the

187 Consents and Regulatory Committee - Consent monitoring annual reports and case study 'Live Water Quality Monitoring' - moving forward with the latest technology

landfill tributary and the main tributary indicate that there may be the potential for environmental effects to emerge in the future. During the year, NPDC demonstrated an overall high level of environmental performance and a high level of administrative performance with their Marfell landfill resource consent as defined in Section 1.1.5. During the year, NPDC demonstrated a high level of environmental performance and a high level of administrative performance in relation to the Okato landfill resource consents as defined in Section 1.1.5. For reference, in the 2016-2017 year, 74% of consent holders in Taranaki monitored through tailored compliance monitoring programmes achieved a high level of environmental performance and compliance with their consents, while another 21% demonstrated a good level of environmental performance and compliance with their consents. In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a good or high level in the year under review. This report includes recommendations for the 2017-2018 year.

17-84 ANZCO Foods Waitara Monitoring Programme Annual Report 2016-2017 ANZCO Foods Waitara Ltd. (ANZCO) operates a food (meat) manufacturing complex located on Domett Street at Waitara, in the Waitara River catchment. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess ANZCO’s environmental and consent compliance performance during the period under review, and the results and environmental effects of ANZCO’s activities. ANZCO holds two resource consents, which include a total of 11 conditions setting out the requirements that ANZCO must satisfy. The consents allow the discharge of wastewater and stormwater into the Waitara River. During the monitoring period, ANZCO demonstrated an overall high level of environmental performance. The Council’s monitoring programme for the year under review included two inspections. Wastewater discharges were sampled by ANZCO staff on three different occasions. Additional samples were taken for inter-laboratory comparison on 11 July 2017, just after the conclusion of the monitoring period under review. These results are also presented. The monitoring showed that the site was well operated during the period under review. There were no unauthorised incidents recorded in respect of this consent holder during the period under review. During the year, ANZCO demonstrated a high level of environmental and high level of administrative performance and compliance with the resource consents. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. This report includes recommendations for the 2017-2018 year.

188 Consents and Regulatory Committee - Consent monitoring annual reports and case study 'Live Water Quality Monitoring' - moving forward with the latest technology

17-85 STDC Coastal Structures Monitoring Programme Annual Report 2016-2017 South Taranaki District Council (STDC) holds coastal permits for various structures along the South Taranaki coast. This report for the period July 2016 to June 2017 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess STDC’s environmental performance during the period under review. STDC holds a total of 11 coastal permits relating to coastal structures, which include a total of 55 conditions setting out the requirements that the STDC must satisfy. STDC holds three coastal permits relating to boat ramps, wharves /jetties; one permit relating to access structures and seven permits relating to coastal protection from erosion. A further two coastal permits are held for outfall structures which are the subject of other monitoring programmes and are not discussed in this report. During the monitoring period, STDC demonstrated an overall good level of environmental performance. The Council’s monitoring programme for the period under review included an annual inspection of the various structures. Most of the structures were found to be well maintained, and there did not appear to be any adverse environmental effects. However, some issues were noted with regards to the Opunake Bay boat ramp and the access way at Denby Road. Overall, STDC demonstrated a good level of environmental performance and a high level of administrative performance during the period under review. For reference, in the 2016-2017 year, consent holders were found to achieve a high level of environmental performance and compliance for 74% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 21% of the consents, a good level of environmental performance and compliance was achieved. This report includes recommendations for the 2017-2018 year.

189 Consents and Regulatory Committee - Consent monitoring annual reports and case study 'Live Water Quality Monitoring' - moving forward with the latest technology

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments – 18 separate reports

PDF Report Name Reporting period Number 17-5 Waitaha Catchment Monitoring Programme Annual Report 2016- 1920779 2016-2017 2017 17-8 BTW Company Ltd Oeo Landfarm Monitoring Programme Annual 1919944 2016-2017 Report 2016-2017 17-15 NPDC Water Supplies Monitoring Programme Annual Report 1907741 2016-2017 2016-2017 17-21 Cheal DWI Monitoring Programme Annual Report 2016-2017 1921233 2016-2017 17-23 Todd Energy Limited DWI Monitoring Programme Annual Report 1919424 2016-2017 2016-2017 17-30 NPDC Colson Road Landfill Monitoring Programme Annual 1924956 2016-2017 Report 2016-2017 17-35 SDC Landfills Monitoring Programme Annual Report 2016-2017 1917126 2016-2017 17-36 STDC Eltham Central Landfill Monitoring Programme Annual 1919218 2016-2017 Report 2016-2017 17-41 WRS Waikaikai Landfarm Monitoring Programme Annual Report 1910943 2016-2017 2016-2017 17-44 Pacific Natural Gut String Company Limited Monitoring 1905907 2016-2017 Programme Annual Report 2016-2017 17-48 Origin Energy Rimu Production Station Monitoring Programme 1926850 2016-2017 Annual Report 2016 17-63 Tawhiti Catchment Monitoring Programme Annual Report 2016- 1926355 2016-2017 2017 17-71 Ample Group Ltd Monitoring Programme Annual Report 2016- 1920142 2016-2017 2017 17-72 Taranaki Galvanizers Monitoring Programme Annual Report 1920286 2016-2017 2016-2017 17-75 STDC Patea Beach green waste Monitoring Programme Annual 1910469 2016-2017 Report 2016-2017 17-77 NPDC Landfills Monitoring Programme Annual Report 2016-2017 1913165 2016-2017 17-84 ANZCO Foods Waitara Monitoring Programme Annual Report 1925434 2016-2017 2016-2017 17-85 STDC Coastal Structures Monitoring Programme Annual Report 1926045 2016-2017 2016-2017

190 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Agenda Memorandum

Date 17 October 2017

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Incident, Compliance Monitoring Non- compliances and Enforcement Summary – 11 August 2017 to 29 September 2017

Approved by: A D McLay, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 1943787

Purpose The purpose of this memorandum is to allow the Council to consider and receive the summary of the Incidents, Compliance Monitoring Non-compliances and Enforcement for the period 11 August 2017 to 29 September 2017.

Executive summary Incidents

There are 57 incidents reported.

Twenty four of the incidents were found to be compliant and 28 were found to be non- compliant. Five of the incidents reported relate to non-compliance from previous periods (updates). The action taken is set out for Members information.

Compliance monitoring non-compliances

There are 25 compliance monitoring non-compliances reported.

There are 4 compliance monitoring non-compliance updates included in this report.

Thirteen of the non-compliances reported are as a result of the annual dairy inspection round.

Recommendations That the Taranaki Regional Council: 1. receives this memorandum 2. receives the summary of the Incidents, Compliance Monitoring Non-compliances and Enforcement for the period from 11 August 2017 to 29 September 2017, notes the action

191 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

taken by staff acting under delegated authority and adopts the recommendations therein

Background The Council receives and responds to pollution events and public complaints throughout the year. Consent compliance monitoring undertaken can also identify non-compliance. This information is recorded in the IRIS database together with the results of investigations and any follow-up actions. Incidents and non-compliances are publicly reported to the Council through the Consents and Regulatory Committee via the Incidents, Compliance Monitoring Non-compliances and Enforcement Report or the Annual Compliance Monitoring Reports.

Attached is the summary of the Incidents, Compliance Monitoring Non-compliances and Enforcement for the period from 11 August 2017 to 29 September 2017.

Staff have been delegated by the Council to undertake enforcement actions. The enforcement policy and procedures are approved by the Council and then implemented and reported on by staff.

Disclosure Restrictions The incident register information presentation was reviewed in 2014-2015 to increase reader understanding in this complex area. The first section addresses compliant incidents and can be publically discussed. The second section provides an update on non-compliant incidents from previous meetings and where an incident has been resolved it can be publically discussed. The third and fourth sections provide information on non-compliant incidents and non-compliances found during compliance monitoring during the period that are still under investigation and staff are limited in terms of public disclosure of information, while the investigation is ongoing and enforcement responses have not been determined. The incident flow chart and definition of terms provide further operational detail.

Discussion Council responds to all complaints received with most complaints responded to within four hours. This usually involves a site visit. Responses to complaints and non-compliances with rules in the Council’s regional plans, resource consents and the Resource Management Act 1991 are recorded in the IRIS database. Where necessary, appropriate advisory or enforcement actions are undertaken. The latter may include issuing an inspection, abatement or infringement notice, or initiating a prosecution. Where an infringement notice or prosecution is possible, details of the information in the Incidents, Compliance Monitoring Non-compliances and Enforcement agenda item and staff comment will be restricted for legal disclosure reasons. Further information will be provided at a later date to the Council and for prosecutions a detailed report will be provided for information purposes, in the confidential section of the agenda.

A summary of Incidents, Compliance Monitoring Non-compliances and Enforcement for the period 11 August 2017 to 29 September 2017 is attached. The ‘compliant’ incidents are presented first in a table and the ‘non-compliant’ incidents are presented after in a more detailed summary, followed by the compliance monitoring non-compliances.

192 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Generally incidents in the ‘compliant’ table have a recommendation of ‘no further action’. However, an incident is considered ‘compliant’ until such time as a non-compliance is found. Therefore occasionally an incident in the ‘compliant’ table will have a recommendation of ‘investigation continuing’, if an ongoing investigation is still underway to confirm compliance.

A series of graphs are also attached comparing the number of incidents between 2015-2016 and 2016-2017, and also showing how the incidents are tracking in 2016-2017 in relation to environment type and compliance status. There is a graph showing the non-compliances found during compliance monitoring. There is also a graphs showing enforcement action taken to date during 2016-2017.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments Incident flowchart and terms explained (document #1081324). Incidents and consent non-compliance – Agenda graphs 10 Aug 2017 (document #1943834). Incidents and Enforcement Summary – 11 Aug 2017 to 29 Sep 2017 (document #1943735).

193 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Incident Register 2015 Doc # 1081324

Origin/notification Complaint Entered in Incident Register Self-notification Third party notification TRC Staff monitoring Investigation: TRC Staff notification Field inspection Conversation with consent holder Assessment of monitoring data Entered in IRIS database Gathering information/evidence

Intervention: Non-compliant May issue an abatement notice for something that is likely to have an adverse effect (s17 RMA) but is Action(s) taken include: currently compliant Abatement Notice Consent application Consent change required Compliant Inspection - no inspection notice issued Inspection – inspection notice issued Infringement Notice Interim enforcement order Action(s) taken include: Enforcement order Abatement Notice (intervention) Meeting with Company Consent application No enforcement action – statutory defence Consent change required No enforcement action – insufficient evidence Inspection - no inspection notice issued Phone call Inspection – inspection notice issued Referral to appropriate authority Meeting with Company

None

Not substantiated Recommendations to Council: Phone call Investigation continuing Referral to appropriate authority No further action

No further action/costs recovered No further action at this stage Recommendations to Council: No further action at this stage/costs recovered Investigation continuing See separate report No further action No further action at this stage Non-compliant Report to Council Summary in a table of: Compliant Report to Council Date Summary in a table of: Incident/Job number Date Incident type Incident/Job number Source/origin Incident type Alleged responsible party Source/origin Consent Number Alleged responsible party Action taken Consent Number Recommendation Action taken Comments/summary paragraph Recommendation

194 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Terms explained

Compliance rating

Compliant After investigation the incident was found to be compliant with environmental standards or other regulations, permitted rules in a regional plan (e.g. RFWP, RAQP, RCP allowed), a resource consent and/or the Resource Management Act 1991.

Non-compliant After investigation the incident was found to be non-compliant with environmental standards or other regulations, rules in a regional plan, a resource consent and/or the Resource Management Act 1991

Origin/Notification:

Complaint Notification of incident received from public.

Self notification Notification of incident received from the responsible party.

Third Party Notification of incident received from third party such as New Notification Zealand Fire, District Council etc.

TRC Staff Notification of incident found during routine compliance monitoring. monitoring

TRC Staff Notification of incident found during unrelated monitoring/field notification work.

Action/s Taken:

14 day Letter A letter was sent requesting an explanation for the non-compliance and why enforcement action should not be considered. The recipient is given 14 days to reply.

Abatement Notice A notice was issued requiring something to be undertaken or something to cease to ensure compliance with Rules in the regional plans, resource consent or Resource Management Act 1991. Notice must be complied with or further enforcement action can be considered.

Consent application A consent application has been received as a result of the investigation.

Consent change During the investigation it was found that a consent change was required required.

Emergency Works Emergency works was allowed under section 330 of the RMA. Often a subsequent resource consent is required.

Enforcement Order An enforcement order has been issued by the Environment Court requiring action to be undertaken or something to cease. Notice must be complied with or further enforcement action can be

195 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

considered.

Infringement Notice An infringement notice was issued under Section 338(1)(a) of the ($xxx.xx) Resource Management Act 1991 and Councils delegated authority.

Inspection Notice An inspection was undertaken and a notice of advice/instruction was issued to landowner/alleged offender.

Inspection/no notice An inspection was undertaken, however no inspection notice was issued issued as there was no alleged offender/landowner to issue one to (natural event, unsourced etc).

Interim Enforcement An interim enforcement order has been issued by the Environment Order Court requiring action to be undertaken or something to cease. Notice must be complied with or further enforcement action can be considered.

Meeting with A meeting was held with the Company to discuss the incident and Company ways to resolve any issues.

None No action was required.

Not Substantiated The incident could not be substantiated (i.e. it is not likely/possible/probable that the alleged incident could have taken place).

Phone call A phone call was made to the alleged offender/authority.

Prosecution A prosecution is being initiated for this incident.

Referral to The incident was referred to the appropriate authority (District Appropriate Council, Department of Conservation etc). Authority

Recommendations to Council

Investigation Outcome has not been finalised. Investigation is continuing on this continuing incident, information/evidence still being gathered. Further action, including enforcement are being considered and therefore legally all information cannot be reported on this incident at this stage. These incidents will continue to be reported as updates in the following agendas.

No Further Action Investigation is completed, any required enforcement action has been undertaken and no further action is required.

No Further Action Investigation is completed, any required enforcement action has been At This Stage undertaken and further action may be required at a later date.

No Further Investigation is completed, any required enforcement action has been Action/Costs undertaken and no further action is required. Costs will be recovered Recovered from the alleged offender for the investigation.

196 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

No further Action at Investigation is completed, any required enforcement action has been this Stage/Costs undertaken and further action may be required at a later date Recovered (reinspection of Abatement Notice etc). Costs will be recovered from the alleged offender for the investigation.

Defences under Sections 340 and 341 of the Resource Management Act 1991

Sometimes no enforcement action is undertaken against an alleged offender for a non- compliant incident as they have a defence under Section 340 of the Resource Management Act 1991 including reasons such as: - the defendant can prove that he or she did not know, and could not reasonably be expected to have known that the offence was to be or was being committed, or - that he or she took all reasonable steps to prevent the commission of the offence, or - the action or event could not reasonably have been foreseen or been provided against by the defendant.

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200 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliant Incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Compliance Status Recommendation Date / IRIS ID Party Number

03 Aug 2017 3301-18-044 Alleged Water run-off - Complaint GP Sarten & CM Haig RFWP Allowed No Further Action IN/34839 Waiiti

16 Aug 2017 3301-18-048 Alleged Tree in Makara Complaint Stoney Oaks Wildlife RAQP Allowed No Further Action IN/35105 Stream Park

18 Aug 2017 3301-18-050 Alleged Oil on roadside - Complaint Unsourced RFWP Allowed No Further Action IN/35065 Otoaroa Road, Tikorangi

18 Aug 2017 3301-18-049 Alleged Odour and fumes - Complaint Tui Landscape Services RAQP Allowed No Further Action IN/35066 Moturoa - New Plymouth

18 Aug 2017 3301-18-046 Alleged Odour - Cowling Complaint Unsourced RAQP Allowed No Further Action IN/35072 Road, New Plymouth

20 Aug 2017 3301-18-047 Alleged Tyres on the beach Complaint Unsourced RCP Allowed No Further Action IN/35073 - Waitara

24 Aug 2017 3301-18-053 Alleged Cattle in waterbody Complaint Alan Perterson RFWP Allowed No Further Action IN/35097 - Urenui River - SH3, Urenui

25 Aug 2017 3301-18-054 Alleged Stock in Awai Complaint Peter Maxwell RFWP Allowed No Further Action IN/35100 Stream - Manutahi Road, Bell Block

26 Aug 2017 3301-18-057 Alleged Dust - Dreaver - Complaint Richard Dreaver R2/9527-1 RAQP Allowed No Further Action IN/35103 Brixton

27 Aug 2017 3301-18-051 Alleged Orange discharge - Complaint Natural Event RFWP Allowed No Further Action IN/35095 Waiwhakaiho River - NP

201 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliant Incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Compliance Status Recommendation Date / IRIS ID Party Number

28 Aug 2017 3301-18-058 Alleged Odour - Marfell Complaint Unsourced RAQP Allowed No Further Action IN/35108 Park, NP

29 Aug 2017 3301-18-061 Alleged Rubbish dump- Complaint Bryan Mooney RFWP Allowed No Further Action IN/35106 Parekama Road

30 Aug 2017 3301-18-063 Alleged Smoke - Puniho Complaint Donald Moffitt RAQP Allowed No Further Action IN/35096 Road - Okato

04 Sep 2017 3301-18-065 Alleged effluent discharge - Complaint Allan Knewstubb RFWP Allowed No Further Action IN/35114 Bedford Road South - Inglewood

04 Sep 2017 3301-18-070 Alleged Sewage odour - Complaint Andrew Newton RAQP Allowed No Further Action IN/35137 Cornwall Street, Patea

04 Sep 2017 3301-18-071 Alleged Tangaroa Stream Complaint Natural Event RFWP Allowed No Further Action IN/35138 flow - Armstorn Ave, Waitara

05 Sep 2017 3301-18-069 Alleged Green Stream - Complaint Gerard John & R2/2066-2 Consent Compliance No Further Action IN/35136 Ihaia Road, Opunake. Stephanie Margaret Mullin

08 Sep 2017 3301-18-074 Alleged Odour - Stratford Complaint Contact Energy Limited R2/4022-2 Consent Compliance No Further Action IN/35159 Power Station - Stratford

09 Sep 2017 3301-18-073 Alleged Sewage odours - Complaint Andrew Newton RAQP Allowed No Further Action IN/35147 Cornwall St, Patea

202 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliant Incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Compliance Status Recommendation Date / IRIS ID Party Number

11 Sep 2017 3301-18-075 Alleged Smoke - East Complaint Hartley Bridges & RAQP Allowed No Further Action IN/35161 Road, Toko Engineering

13 Sep 2017 3301-18-076 Alleged Washing discharge Complaint Cirque Grande RFWP Allowed No Further Action IN/35166 - Circus - TSB Stadium, New Plymouth

18 Sep 2017 3301-18-081 Alleged Odour - Complaint New Plymouth District RAQP Allowed No Further Action IN/35183 Pohutukawa Place - New Council Plymouth

20 Sep 2017 3301-18-082 Alleged Truck accident - J Self-Notification J Swap Contractors RFWP Allowed No Further Action IN/35186 Swap - Opunake Road Limited

23 Sep 2017 3301-18-084 Alleged Green Stream - Complaint Unsourced RFWP Allowed No Further Action IN/35197 Kent Road, Korito

26 Sep 2017 3301-18-088 Alleged Hydrocarbon spill - Complaint Unsourced RFWP Allowed No Further Action IN/35214 SH45, Okato

26 Sep 2017 3301-18-089 Alleged Sediment Complaint AE Loveridge RFWP Allowed No Further Action IN/35215 discharge - Mountain Road, Eltham

29 Sep 2017 3301-18-093 Alleged Blocked Culvert - Complaint Warren & Leonie Jan Not No Further Action IN/35217 Opunake Road, Kaponga West Applicable/Natural Event

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Updates of Non-Compliant incidents from previous agendas

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

28 Feb 2017 3301-17-415 Dairy Effluent - Bublitz - TRC Staff Ivan Bublitz (2843) R2/3018-2 Abatement Notice Investigation Update IN/34398 Hawera Compliance Continuing Monitoring

Comments: During the annual dairy inspection round it was found that the spray irrigation system was not operating within resource consent conditions on Matangara Road, Hawera. Abatement Notice EAC-21503 was issued requiring the consent holder to undertake works to ensure compliance with resource consent conditions. Reinspection undertaken on 15 September 2017 found that no works had been undertaken to comply with the abatement notice. The farmer was instructed to comply with the notice and a further reinspection will be undertaken on 15 October 2017. Further enforcement action is being considered.

18 May 2017 3301-17-508 Consent breach - Taranaki TRC Staff Taranaki Sawmills R2/2333-4.1 14 Day Letter No Further Update IN/34655 Pine - Hudson Road, Bell Compliance Limited (10015) Action/Costs Block Monitoring Recovered

Comments: During analysis of stormwater samples, taken during routine monitoring (11 May 2017), it was found that the suspended solid concentration (230 g/m3) was above the allowable consented limit (100g/m3) at Taranaki Pine, Hudson Road, Bell Block. Investigation found that silt and sediment issues are continuing on the site and that the current stormwater treatment systems utilised are struggling to treat the stormwater discharge to the required standard. A letter of explanation was received and accepted. The Company has undertaken some work towards addressing the problem and is implementing a silt and sediment control plan which has been developed by a local civil engineering company.

19 Jun 2017 3301-17-534 Dead cow in stream - Burke Third Party Gavin & Betty Burke Infringement Notice ($750) No Further Action Update IN/34718 - Esk Road Notification (2826)

Comments: Notification was received concerning a dead cow in unnamed tributary at a property on Esk Road, Stratford. Also there was concern about stock having access to the tributary. Investigation found that there were live stock in the paddock but none in the stream, however there was one dead cow in the stream. The owner arrived at the site during the inspection and was instructed to remove the dead cow and to restrict access to the stream. The carcass was removed the following day. At the time of inspection no stock were in or near the stream.

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Updates of Non-Compliant incidents from previous agendas

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

03 Jul 2017 3301-18-016 Silt/Sediment - Mangorei Complaint Tim Hunte (54963) Abatement Notice No Further Action Update IN/34800 Road, NP 14 Day Letter

Comments: A complaint was received concerning silt and sediment runoff from a property on Mangorei Road, New Plymouth. Investigation found that silt and sediment had discharged, in stormwater runoff, over the side of a hill and into the neighbouring property. Photographs were taken. Abatement Notice EAC-21592 was issued requiring adequate silt and sediment controls to be installed and maintained. Reinspection found that the abatement notice had not been fully complied with. A further reinspection found that the abatement notice was being complied with. A letter of explanation was received and accepted.

04 Aug 2017 3301-18-038 Odour/stormwater Complaint Rob and Liz Dawson Abatement Notice Investigation Update IN/34871 discharge - Dawson - Alfred (54351) Abatement Notice Continuing Road Abatement Notice

Comments: A complaint was received regarding odour and stormwater being discharged from a small pig rearing operation on a lifestyle property on Alfred Road, Egmont Village. Investigation found that pigs were being reared. Waste products from local supermarkets were being disposed of at the property by way of feeding pigs. However excess food waste was decomposing on the site, causing odour which was likely to discharge offsite. Leachate was also discharging from the pig holding area to surface water. Samples and photographs were taken. Enforcement action is being considered.

205 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

25 Aug 2017 3301-18-067 Dairy effluent - Parry - Complaint Alistair Parry (16302) R2/3721-2 Abatement Notice Investigation IN/35117 Manaia Parry Partnership Explanation Requested - Continuing (22871) Letter

Comments: A complaint was received concerning effluent in a roadside drain on Manaia Road, Manaia. An inspection of the area failed to locate any evidence of dairy effluent on either the road or the side of the road. Investigation in the area found that stock underpass that had collapsed which would likely allow effluent and stormwater to discharge underground to an open roadside drain. Abatement Notice EAC-21656 was issued requiring works to be undertaken to ensure that no dairy effluent discharges to any waterbody. Reinspection will be undertaken after 13 October 2017. A letter requesting explanation has been sent.

28 Aug 2017 3301-18-068 Culvert collapse - SH3 - Self-Notification Transit New Zealand R2/5342-1 Investigation IN/35121 Mangamahoe (9512) Continuing Downer NZ Limited (50648)

Comments: Notification was received concerning the collapse of a culvert on state highway 3 at Managmahoe. The collapse of the culvert had threatened the integrity of the main roadway. Investigation found that some silt had washed into the stream and been flushed downstream, with no adverse environmental effects. Emergency works are being undertaken, under section 330 of the Resource Management Act 1991, to repair the culvert.

01 Sep 2017 3301-18-064 Backyard burning - TRC Staff Bob Baker (55197) Investigation IN/35116 Normanby Notification Continuing

Comments: During unrelated monitoring it was found that black smoke from backyard burning was discharging from a residential property in Normanby. Investigation found that unauthorised burning of vegetation and rubbish was occurring. The landowner was instructed to extinguish the fire, which he did immediately. Enforcement action is being considered.

206 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

15 Sep 2017 3301-18-080 Earthworks - Dryden Road Complaint Ben Dickie (29638) Abatement Notice Investigation IN/35179 - Waverley Explanation Requested - Continuing Letter

Comments: A complaint was received regarding earthworks on a dairy farm at Dryden Road, Waverley. Investigation found that contouring earthworks were being undertaken on the property. It was found that the earthworks were in contravention of Rule 27 of the Regional Fresh Water Plan for Taranaki. Abatement Notice EAC-21659 was issued requiring Rule 27 of the Regional Fresh Water Plan to be complied with. A letter requesting explanation was sent. The land owner is in the process of applying for a resource consent. Further enforcement action is being considered.

20 Sep 2017 3301-18-083 Oil in drain - Pioneer Road Complaint Dana Flogerzi (55168) Explanation Requested - Investigation IN/35187 - NP Letter Continuing

Comments: A complaint was received concerning oil being discharged into a roadside drain at Pioneer Road, New Plymouth. Investigation found black oil in the roadside drain outside the property. The occupier of the property reported that her partner had been working on a vehicle on the roadside. Council undertook works to mitigate any effects and remove as much oil as possible. A letter requesting explanation has been sent.

21 Sep 2017 3301-18-092 Stormwater discharge - TRC Staff Sandford Bros Limited Abatement Notice Investigation IN/35204 Sandford Bros Ltd - Notification (10155) Explanation Requested - Continuing Otakeho Stream Letter

Comments: During unrelated monitoring it was found that contaminated stormwater was discharging from a trucking yard area into the Otakeho Stream, on Skeet Road, Otakeho. It was found that stormwater controls were ineffective and allowing contaminated stormwater to discharge onto land and into the stream. Abatement Notice EAC- 21674 was issued requiring works to be undertaken to ensure compliance with Rule 23 of the Regional Fresh Water Plan for Taranaki. Reinspection will take place after 27 October 2017.

15 Aug 2017 3301-18-042 Dead stock in waterbody - Complaint Stewart Bell (2756) No Enforcement Action - No Further Action IN/35033 Stewart - Midhirst Statutory defence

207 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

Comments: A complaint was received regarding a dead cattle beast in an unnamed tributary at Salisbury Road, Midhirst. Inspection found that a dead cattle beast was present in the tributary at the property boundary. The farm owner was made aware of the issue and undertook removal of the carcass.

18 Aug 2017 3301-18-045 Dead stock - Back Beach - Complaint Unsourced (9768) No Further Action IN/35104 New Plymouth

Comments: Notification was received regarding a dead cattle beast on Back Beach, New Plymouth. The owner could not be traced. New Plymouth District Council undertook disposal of the carcass.

25 Aug 2017 3301-18-055 Dead sheep - Complaint Unsourced (9768) No Further Action IN/35101 Mangawharawhara Stream - Eltham

Comments: Notification was received regarding a dead sheep in the Mangawharawhara Stream at Bridger Lane, Eltham. Inspection found a dead sheep was caught in trees and flotsam. The owner could not be traced. The sheep was removed and disposed of by Council staff at the time of inspection.

25 Aug 2017 3301-18-056 Rubbish on foreshore - Complaint Unsourced (9768) No Further Action IN/35102 Waitara

208 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

Comments: A complaint was received regarding rubbish discharging onto the foreshore in front of the Waitara Golf Club, Mouatt Street, Waitara. Inspection found that due to recent erosion, historic dumped rubbish was exposed and starting to discharge onto the foreshore. The president of the Waitara Golf Club agreed to remove the contaminants and monitor the area in the future. Council staff accept that the golf club did not originally put the rubbish materials there.

26 Aug 2017 3301-18-052 Dairy effluent - Onaero Complaint Anthony Main (9285) R2/1393-3.0 No Further Action IN/35094 River - Onaero

Comments: A complaint was received regarding a discharge of dairy effluent into the Onaero River at the Onaero Domain. The stream was a light tea colour at the time of inspection. Inspections upstream found one oxidation pond system that was discharging. Samples were taken. Sample results found the discharge to be compliant. No source of any unauthorised discharge could be found.

28 Aug 2017 3301-18-062 Dead cows - Kaupokonui Complaint Unsourced (9768) No Further Action IN/35109 Beach

Comments: A complaint was received regarding two dead cows on Kaupokonui Beach. Inspection found the cows had washed downstream in the morning flood and were in the surf zone with an incoming tide. Access was dangerous at this stage. A further inspection undertaken after the tide had receded found that the cows had washed out to sea and could not be found. Further monitoring will be undertaken to ensure that the dead stock are dealt with if they wash up again.

29 Aug 2017 3301-18-059 Silage wrap - King Street - Complaint David & Jane Shaw No Further Action IN/35088 Waitara (3578)

209 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

Comments: A complaint was received regarding silage wrap entering the Tasman Sea from a rural property at King Street, Waitara, that borders the coastline. Investigation found that there was silage wrap that was likely to discharge to the sea in high winds. The landowner was spoken to at the time of inspection and undertook to ensure that no silage wrap would discharge into any waterbody. Reinspection found that the lose silage wrap had been buried.

30 Aug 2017 3301-18-060 Dead cow in waterbody - Complaint Unsourced (9768) No Further Action IN/35181 Bristol Road - Inglewood At This Stage

Comments: A complaint was received regarding a dead cow in the Manganui River, Kaimata. Investigation found a dead cow impaled on large tree which has become wedged under bridge at Bristol Road. New Plymouth District Council were advised that the carcass and tree may be a threat to the infrastructure of the bridge.

04 Sep 2017 3301-18-066 Green Stream - Complaint Rodney Muggeridge R2/1774-3.1 No Enforcement Action - No Further Action IN/35120 Muggeridge - Kaponga (10483) Statutory defence

Comments: A complaint was received concerning a 'green' stream at a property on Rowan Road, Kaponga. Investigation found that there was a mechanical failure of the stormwater diversion system, on an upstream property, that allowed a small amount of dairy effluent to discharge into a road side drain. The fault had been repaired at time of inspection and no environmental effects were found.

07 Sep 2017 3301-18-072 Milk spill from Fonterra Self-Notification Fonterra Co-operative No Enforcement Action - No Further IN/35146 Tanker Group Limited, Statutory defence Action/Costs Whareroa - Hawera Recovered (50837)

210 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

Comments: Self-notification was received from Fonterra about a discharge of milk from a tanker at a dairy farm on Surrey Road, Tariki. An inspection of the site found that the majority of the milk had wash away into an open drain and then into the stream as it was raining at the time of the spill. No visual effects were noted in the stream. A report was received from Fonterra which outlined that the spill was a result of a mechanical failure.

11 Sep 2017 3301-18-077 Flooding - Mountain Road - Complaint Jeremy Richard & Abatement Notice No Further Action IN/35167 Lepperton Adrianne Lisa Ousey Explanation Requested - At This Stage (20818) Letter

Comments: Notification was received concerning tree felling and silt run off causing drainage issues along State Highway 3A, near Lepperton. Investigation found that piping on the upstream property was inadequate to cope with flood flows and some debris had caused blockages which compounded the issue. There was evidence of historic flooding of the downstream neighbour's property, likely due to a combination of pipe blockages and the under capacity sized pipes. Abatement Notice EAC-21654 was issued requiring Rule 57 of the Regional Fresh Water Plan to be complied with and to ensure that no stormwater overflow causes flooding on downstream neighbouring properties. Reinspection will be undertaken after 31 December 2017. A letter of explanation has been received.

15 Sep 2017 3301-18-078 Green stream- Dorset Complaint James Langton (30120) R2/3764-2 Abatement Notice No Further IN/35173 Street- Opunake Action/Costs Recovered

Comments: A complaint was received concerning a stream running ‘green’ through a property at Dorset Street, Opunake. Investigation found that the stream was running green and traced back to a possible source. Samples and photographs were taken. Abatement Notice EAC-21658 was issued requiring works to be undertaken to ensure that no effluent overflows from the sump into any waterbody. Reinspection found the abatement notice was being complied with at the time of inspection.

23 Sep 2017 3301-18-085 Flooding - Leslie Street, Complaint New Plymouth District No Further Action IN/35198 Waitara Council (9565) At This Stage Taranaki Regional Council (9053)

211 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

Comments: A complaint was received that a flood gate beneath the eastern stop bank in Waitara had broken and the land behind houses on Leslie Street was flooding. Investigation found that a one-way gate on a stormwater/stream culvert was broken, allowing tidal water to ingress behind a stop bank and flood low lying land. This Council is working with New Plymouth District Council to repair the flood gate.

25 Sep 2017 3301-18-087 Cloudy stream - Karina Complaint Brent Newton (55196) No Enforcement Action - No Further Action IN/35213 Road, New Plymouth Statutory defence

Comments: A compliant was received regarding an unnamed tributary of the Waiwhakaiho River flowing cloudy near Karina Road, New Plymouth. Investigation found that paint contaminated cleaning water had been spilt into the roadside drain while being loaded into a van for removal from site, resulting in approximately four litres of paint/water mix being discharged into the stormwater system. The contractor explained that he had tripped whilst carrying the container to his van.

26 Sep 2017 3301-18-086 Blocked culvert - Te Complaint Summerset Village No Further Action IN/35211 Arakete Place - New (New Plymouth) Ltd At This Stage Plymouth (51296)

Comments: A complaint was received regarding a blocked culvert at 23 Te Arakete Place, New Plymouth. Inspection found a blocked culvert in an unnamed tributary of the Huatoki Stream on a neighbouring property. The culvert was also damaged. The landowner was spoken to at the time of inspection and instructed to unblock the culvert. Engineers have been engaged to undertake repair works.

27 Sep 2017 3301-18-090 Dead cow on beach - Complaint B J Copestake (11302) No Enforcement Action - No Further Action IN/35216 Brown Road, Brixton Statutory defence

212 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 11 Aug 2017 to 29 Sep 2017

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

Comments: A compliant was recieved regarding a dead cow on the beach near the mouth of the Waiongana Stream, Brixton. Investigation found that there was a dead cow on the beach. The owner was traced who advised that the animal had been stolen from his property approximately three months prior. The owner subsequently arranged to have the animal removed from the beach and disposed of appropriately.

27 Sep 2017 3301-18-079 Dairy effluent - Hawkes - Self-Notification Peter & Breeda Hawkes R2/2754-2 Explanation Requested - No Further Action IN/35219 Eltham (16018) Letter Hawkes Family Partnership (2675)

Comments: Self-notification was received concerning a discharge of dairy effluent into an unnamed tributary after a flood event, at Hunter Road, Eltham. Investigation found that a new system has been put in place to prevent reoccurrence. There was no discharge occurring at the time of inspection. A letter requesting explanation has been sent.

28 Sep 2017 3301-18-091 Milk tanker spill - Skinner Complaint Michelle Dwyer (33542) No Enforcement Action - No Further IN/35203 Road - Stratford Fonterra Co-operative Statutory defence Action/Costs Group Limited, Recovered Whareroa - Hawera (50837)

Comments: Notification was received regarding a milk tanker crash that has caused milk to discharge into an unnamed tributary of the Patea River at Skinner Road, Stratford. Investigation found that approximately 2000 litres of milk had discharged from the ruptured tanks on the overturned truck and trailer unit. Fonterra were contacted and arranged contractors to collect and dispose of the remaining milk and contaminants from the tanker. All discharges were stopped at the time of inspection. No environmental effects could be found in the stream as the streams were in high flow.

Updates of Compliance Monitoring - Non-compliances from previous agendas

213 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Inspection Job Number Compliance Alleged Responsible Consent Inspection Type Action Taken Recommendation Date IRIS ID Status Party Number

04 Jul 2017 332118-003 Annual Inspection Non-compliance Taranaki Trucking R2/2293-3 Infringement Notice ($750) No Further Update ENF-21166 Company Limited (573) Action/Costs Recovered

Comments: During a compliance monitoring inspection it was found that water abstraction had been taking place in contravention of Abatement Notice EAC-21280, which had been issued in September 2016 requiring water taking to cease until verification of the water measuring and recording equipment was obtained, as required by Regulation 7 of the Resource Management (Measuring and Reporting of Water Takes) Regulations 2010. No documentation confirming verification has been received by this Council.

07 Jul 2017 332118-002 Annual Inspection Non-compliance Construction Mechanics R2/10112-1.0 14 Day Letter Investigation Update ENF-21171 (1993) Limited (51102) Continuing

Comments: During a compliance monitoring inspection it was found that water had been taken from a bore in contravention of resource consent conditions. A letter requesting explanation was sent. Enforcement action is being considered.

27 Jul 2017 332118-017 Compliance Monitoring Non-compliance Hurlstone Trust (54377) R2/5124-2.0 No Further Update ENF-21199 Insp. Action/Costs Recovered

Comments: During routine monitoring it was found that operations at a quarry site were not within resource consent conditions. Erosion was occurring onsite and it was likely that silt and sediment would discharge to a waterbody. The site was in the process of being sold and the new owner is undertaking works to stabilise the site and ensure that all resource consent conditions are being complied with.

214 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Compliance Monitoring - Non-compliances from previous agendas

Inspection Job Number Compliance Alleged Responsible Consent Inspection Type Action Taken Recommendation Date IRIS ID Status Party Number

10 Aug 2017 332118-012 Compliance Monitoring Significant non- DJ & KA Lawn Family R2/0777-2 Infringement Notice ($750) No Further Update ENF-21190 Insp. compliance Trust (20922) Action/Costs Recovered

Comments: During the annual dairy inspection round it was found that the dairy effluent disposal system was not operating within resource consent conditions. The stormwater diversion was not being operated correctly and dairy effluent had discharged overland and into a wetland area which flows into the Katekara Stream.

215 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliance Monitoring - Non-compliances for the period 11 Aug 2017 to 29 Sep 2017

Inspection Job Number Compliance Alleged Responsible Consent Inspection Type Action Taken Recommendation Date IRIS ID Status Party Number

04 Jul 2017 332118-022 Annual Inspection Non-compliance Awatea Hawkes Bay R2/6903-1 No Further ENF-21215 Trust (23836) Action/Costs Recovered

Comments: During analysis of data it was found that the volume and rate of water abstracted had breached special condition 2 of resource consent 6903-1. Due to the age of the flow meter Council believes the data supplied to Council may be inaccurate. Council has advised the consent holder to install a new flow meter as soon as possible. Council is working closely with the consent holder to ensure this is carried out. A new flow meter was installed on 22 September 2017. Further monitoring will be undertaken to ensure compliance.

11 Jul 2017 332118-020 Annual Inspection Non-compliance Craig Timothy McDonald R2/4494-1 Abatement Notice No Further Action ENF-21212 (52647) At This Stage/Costs Recovered

Comments: During a compliance monitoring inspection it was found that a new flow meter had been installed but has not been verified as required by the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010. Abatement Notice EAC-21633 was issued requiring compliance with Regulation 7 of the regulations. Reinspection will take place after 1 November 2017.

11 Jul 2017 332118-019 Annual Inspection Non-compliance Eric & Cedric Lander R2/1223-3 Explanation Requested - No Further ENF-21209 (18578) Letter Action/Costs No Enforcement Action - Recovered Statutory defence

Comments: During analysis of abstraction data it was found that the rate of water abstraction exceeded the limit of 8 litres/second set by special condition 3 of Resource Consent 1223-3. A letter of explanation was received explaining that a tree had fallen on the flow meter. The tree was removed but the consent holder was unaware that the flow meter was affected. The flow meter was adjusted and a reinspection found that the flow meter was recording data accurately in compliance with resource consent conditions. The letter of explanation was accepted.

216 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliance Monitoring - Non-compliances for the period 11 Aug 2017 to 29 Sep 2017

Inspection Job Number Compliance Alleged Responsible Consent Inspection Type Action Taken Recommendation Date IRIS ID Status Party Number

18 Jul 2017 332118-021 Annual Inspection Non-compliance Jimian Limited (15390) R2/5571-1 Explanation Requested - Investigation ENF-21214 Letter Continuing

Comments: During analysis of data downloaded from a data logger, it was found that no information had been recorded for the 2016/17 monitoring year. A letter requesting explanation was sent.

14 Aug 2017 332118-034 Annual Inspection Non-compliance CI & MA Winter (10180) R2/2979-2 No Further ENF-21246 Action/Costs Recovered

Comments: During the annual dairy inspection round it was found that ponding was occurring in contravention of resource consent conditions. The farmer was spreading effluent onto already saturated pasture, due to the extremely wet winter. All precautions were being undertaken to ensure that no dairy effluent discharged to any waterbody.

16 Aug 2017 332118-026 Compliance Monitoring Non-compliance Redgate Trust (10147) R2/2836-2 Abatement Notice No Further Action ENF-21223 Insp. At This Stage/Costs Recovered

Comments: During analysis of samples (6 September 2017) taken during the annual dairy inspection round (16 August 2017) it was found that the dairy effluent disposal system was not operating within resource consent conditions. Abatement Notice EAC-21651 was issue requiring works to be undertaken to ensure compliance with resource consent 2836-2 . Reinspection will be undertaken after 16 October 2017.

17 Aug 2017 332118-035 Other Inspection Non-compliance Taranaki Sawmills Limited R2/3491-2 Investigation ENF-21247 (19372) Continuing

Comments: During routine sampling it was found that suspended solids were higher than the allowable limit on resource consent conditions at a sawmill site on Katere Road, Bell Block. Sample results were inconclusive therefore further sampling is to be undertaken to confirm results.

217 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliance Monitoring - Non-compliances for the period 11 Aug 2017 to 29 Sep 2017

Inspection Job Number Compliance Alleged Responsible Consent Inspection Type Action Taken Recommendation Date IRIS ID Status Party Number

17 Aug 2017 332118-029 Compliance Monitoring Non-compliance Mount Rail Trust (51608) R2/2648-2 Abatement Notice No Further Action ENF-21234 Insp. At This Stage/Costs Recovered

Comments: During analysis of samples (7 September 2017) taken during the annual dairy inspection round (17 August 2017) it was found that the dairy effluent disposal system was not operating within resource consent conditions. Abatement Notice EAC-21664 was issue requiring works to be undertaken to ensure compliance with Resource Consent 2648-2. Reinspection will be undertaken after 27 October 2017.

17 Aug 2017 332118-036 Other Inspection Non-compliance Tenix Alliance NZ Ltd - R2/9982-1.0 Investigation ENF-21248 New Plymouth (5661) Continuing

24 Aug 2017 332118-028 Annual Inspection Non-compliance PKW Farms LP (11642) R2/3011-2 Abatement Notice No Further Action ENF-21231 At This Stage/Costs Recovered

Comments: During analysis of samples (14 September 2017) taken during the annual dairy inspection round (24 August 2017) it was found that the dairy effluent disposal system was not operating within resource consent conditions. Abatement Notice EAC-21661 was issue requiring works to be undertaken to ensure compliance with Resource Consent 3011-2. Reinspection will be undertaken after 20th October 2017.

218 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliance Monitoring - Non-compliances for the period 11 Aug 2017 to 29 Sep 2017

Inspection Job Number Compliance Alleged Responsible Consent Inspection Type Action Taken Recommendation Date IRIS ID Status Party Number

25 Aug 2017 332118-031 Compliance Monitoring Non-compliance Stratford District Council R2/3889-3 Explanation Requested - Investigation ENF-21240 Insp. (19393) Inspection Notice Continuing

Comments: During a monitoring inspection of a closed landfill at Swansea Rd, Stratford, it was found that stormwater and trough water were ponding in contravention of resource consent conditions. An explanation for the non-compliance was requested.

28 Aug 2017 332118-024 Compliance Monitoring Non-compliance New Plymouth District R2/4302-2 No Further Action ENF-21217 Insp. Council (9845) No Enforcement Action - Other

Comments: During routine monitoring it was found that oil from a previous unsourced oil spill was present on the banks of the stormwater ponds in the Mangati Stream, Bell Block. A clean up operation had removed over 900 litres of oil from the pond, however the banks of the pond were not cleaned. This resulted in oil continuing to leach from the banks. Works were immediately undertaken to scrape the banks of the fourth pond as far as practicable to minimise the amount of hydrocarbon discharging from the system.

29 Aug 2017 332118-032 Annual Inspection Non-compliance Eric & Cedric Lander R2/3031-2 No Enforcement Action - No Further Action ENF-2144 (18578) Statutory defence /Costs Recovered

Comments: During analysis of samples taken during the annual dairy inspection round (29 August 2017), it was found that the oxidation pond treatment system was not operating within resource consent conditions. Investigation found that during a heavy rainfall event the previous evening a blocked drainage pipe resulted in localised surface flooding from the nearby road and paddocks discharging onto the feed pad and through the oxidation pond treatment system. The pipe was subsequently unblocked and system operating as designed.

219 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliance Monitoring - Non-compliances for the period 11 Aug 2017 to 29 Sep 2017

Inspection Job Number Compliance Alleged Responsible Consent Inspection Type Action Taken Recommendation Date IRIS ID Status Party Number

29 Aug 2017 332118-030 Annual Inspection Non-compliance Wainui Dairies R2/2080-2 Abatement Notice Investigation ENF-21238 Partnership (24473) Continuing

Comments: During the annual dairy inspection round it was found that the dairy effluent disposal system was not operating within resource consent conditions. Abatement Notice EAC-21673 was issued requiring works to be undertaken to the dairy effluent disposal system to ensure compliance with Resource Consent 2080-2. Reinspection to be undertaken after 8 December 2017.

30 Aug 2017 332118-023 Compliance Monitoring Non-compliance GrainCorp Feeds Limited R2/7707-1 Explanation Requested - Investigation ENF-21218 Insp. (52286) Letter Continuing

Comments: During routine compliance monitoring it was found that the site had not been maintained in a clean and tidy state through procedures and processes that adhere to best practice so to avoid any adverse effects on the environment, in contravention of resource consent conditions. A letter requesting explanation was sent.

04 Sep 2017 332118-037 Annual Inspection Non-compliance Kevin Riley (20963) R2/3858-2 Abatement Notice No Further Action ENF-21250 At This Stage/Costs Recovered

220 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliance Monitoring - Non-compliances for the period 11 Aug 2017 to 29 Sep 2017

Inspection Job Number Compliance Alleged Responsible Consent Inspection Type Action Taken Recommendation Date IRIS ID Status Party Number

07 Sep 2017 332118-025 Annual Inspection Significant non- Bevan Giltrap (54887) R2/2845-2 Abatement Notice Investigation ENF-21221 compliance Estate Ian Mantey Family Explanation Requested - Continuing Trust & Sally Mantey Letter Family Trust (17321) Explanation Requested - Letter

Comments: During the annual dairy inspection round it was found that the dairy effluent disposal system was not operating within resource consent conditions. Abatement Notice EAC-21646 was issued requiring works to be undertake to ensure that dairy effluent flows through the effluent treatment system before discharging into water. Reinspection found that the abatement notice was being complied with at the time of inspection. A letter requesting explanation was received. Further enforcement action is being considered.

11 Sep 2017 332118-027 Annual Inspection Significant non- John & Alison Vernon R2/3837-2 Abatement Notice Investigation ENF-21225 compliance (272) Explanation Requested - Continuing Letter

Comments: During the annual dairy inspection round it was found that the dairy effluent disposal system was not operating within resource consent condition on Denbigh Road, Midhurst. Abatement notice EAC-21652 was issued requiring work to be undertaken to ensure compliance with resource consent 3837-2. Reinspection was undertaken on 18 September and it was found that the abatement notice was being complied with at the time of inspection. Further enforcement action is being considered.

11 Sep 2017 332118-038 Annual Inspection Significant non- MLC Hitchcock Family R2/3378-2 Investigation ENF-21261 compliance Partnership (4335) Continuing

Comments: During analysis of samples (2 October 2017) taken during the annual dairy inspection round (11 September 2017) it was found that the dairy effluent disposal system was not operating within resource consent conditions. Enforcement action is being considered.

221 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliance Monitoring - Non-compliances for the period 11 Aug 2017 to 29 Sep 2017

Inspection Job Number Compliance Alleged Responsible Consent Inspection Type Action Taken Recommendation Date IRIS ID Status Party Number

13 Sep 2017 332118-039 Annual Inspection Non-compliance Fabish Bros Farms R2/2403-2 Investigation ENF-21251 Limited (23985) Continuing

Comments: During the annual dairy inspection round it was found that the dairy effluent disposal system was not operating within resource consent conditions. It was found that partially treated effluent from the second pond was overflowing the bank. The farmer immediately undertook temporary works at the time of inspection to stop the discharge. Enforcement action is being considered.

28 Sep 2017 332118-033 Annual Inspection Non-compliance Kereho Partnership R2/1459-3 Abatement Notice No Further Action ENF-21243 (16206) Abatement Notice At This Stage/Costs Recovered

Comments: During the annual dairy inspection round it was found that the dairy effluent disposal system was not operating within resource consent conditions. Abatement Notice EAC-21675 was issued requiring the discharge to cease. Abatement Notice EAC-21676 was issued requiring Works to be undertaken to ensure compliance with resource consent conditions. Reinspection will take place after 10 November 2017.

222 Consents and Regulatory Committee - Public Excluded

Consents and Regulatory Committee Public Excluded

In accordance with section 48(1) of the Local Government Official Information and Meetings Act 1987, resolves that the public is excluded from the following part of the proceedings of the Consents and Regulatory Committee Meeting on Tuesday 17 October 2017 for the following reason/s:

Item 6 - Confirmation of Confidential Minutes

223 Agenda reports

Consents & Regulatory Committee, October 2017

Item 5: Consent monitoring reports

STDC Coastal Structures (3 MB)

ANZCO Foods Waitara (580 KB)

Ample Group Ltd – Stratford Abattoir (1.5 MB)

Taranaki Galvanizers (530 KB)

Pacific Natural Gut String Co (690 KB)

Tawhiti Catchment (2 MB)

Waitaha Catchment (3.8 MB)

Colson Rd Landfill (2.4 MB)

NPDC Inglewood, Okato & Marfell Park landfills (1.5 MB)

STDC Eltham Central Landfill (1.8 MB)

STDC Patea Beach green waste (620 KB)

Stratford District Council Landfills (1.1 MB)

Origin Energy Rimu Production Station (500 KB)

BTW Company Ltd Oeo Landfarm (3.8 MB)

Cheal Petroleum Ltd Deep Well Injection (930 KB)

Todd Energy Ltd Deep Well Injection (1 MB)

Waikaikai Landfarm (2.5 MB)

NPDC Water Supplies (1.2 MB)

Document Number: 1932561