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5 October 2018 Record No: 18223360 File Ref: D050-001-E01 Ask For: Nicole Chauval
Notice of Committee Meeting – Thursday, 11 October 2018
A meeting of the Environment Committee will be held in the Council Chambers, District Council Administration Building, 15 Seymour Street, Blenheim on Thursday, 11 October 2018 commencing at 9.00 am.
BUSINESS
As per Agenda attached.
MARK WHEELER CHIEF EXECUTIVE
Meeting of the ENVIRONMENT COMMITTEE to be held in the Council Chambers, 15 Seymour Street, on THURSDAY, 11 OCTOBER 2018 commencing at 9.00 am
Committee Clr D D Oddie (Chairperson) Clr G A Hope (Deputy) Clr J A Arbuckle Clr T E Hook Clr C J Brooks Clr L M Shenfield Clr N P Taylor Mayor J C Leggett Mr E R Beech (Rural representative)
Departmental Head Mr H Versteegh (Manager, Regulatory Department) Staff N Chauval (Committee Secretary)
In Public Page
1. Apologies ...... 1 2. Declaration of Interests ...... 1 3. Resource Hearing Commissioner Decision ...... 2 4. Wairau Plain Liquefaction Risk Assessment ...... 3 5. Report on Estuary Monitoring 2018 ...... 4 6. Ecologically Significant Marine Sites Expert Panel Report ...... 11 7. Marlborough Sounds Water Quality Monitoring Report ...... 14 8. Marlborough Landscape Group - New Strategy Document ...... 19 9. Catchment Enhancement ...... 26 10. State of the Environment Surface Water Quality Monitoring Report 2018 ...... 44 11. Animal Control Sub-Committee ...... 47 12. Environmental Health Activity Summary for 2017/18 and Review of Survey Results ...... 54 13. Winery Wastewater and Grape Marc Monitoring Report ...... 58 14. Wairau River Safety ...... 64 15. Water-Ski Lanes in the Marlborough Sounds ...... 65 16. Road Name Request - Waikawa ...... 69 17. Road Name Request - Grovetown ...... 73 18. Road Name Request - Kaiuma Bay ...... 77 19. Appointment of Hearings Commissioner...... 83 20. Appeals Update ...... 89 21. Information Package ...... 91 22. Decision to Conduct Business with the Public Excluded ...... 92 Public Excluded
23. Minutes ...... 93
1. Apologies
An apology from Clr L M Shenfield has been received.
2. Declaration of Interests
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
Environment Committee - 11 October 2018 - Page 1 3. Resource Hearing Commissioner Decision (also refer to separate attachment)
Resource Hearing Commissioner Hearing held on 16 August 2018 (U080211)
A full copy of the Decision is separately attached to the Agenda.
A summary of this Decision follows:
Schedule of Resource Hearing Commissioner Decisions Pages Date Subject Decision 1 - 35 16 August 2018 Mount Riley Wines Limited - REFUSED Application for Resource Consent - Subdivision (Allotment Creation) and Land Use Subdivision (Allotment Creation) and (Activity) to subdivide Lot 2 DP 11629 and Lot 2 DP Land Use (Activity) - 112 Vickerman 477086 into two allotments. Street, Grovetown (U180211)
Environment Committee - 11 October 2018 - Page 2 4. Wairau Plain Liquefaction Risk Assessment
(Clr Oddie) (Report prepared by Peter Davidson and Alan Johnson) E345-007-001
Purpose 1. To present the results of recent liquefaction risk assessment work coordinated by the University of Auckland.
2. Liam Wotherspoon from Auckland University School of Engineering will provide a presentation (20 minutes).
Background 3. Marlborough is one of New Zealand’s most seismically active regions. The Wairau Plain is bisected by the Wairau Fault and the Awatere River Valley by the Awatere Fault. These faults represent two of the five east coast extensions of the main Alpine Fault which runs the length of the South Island mountain chain. 4. Following the Christchurch earthquakes MDC assessed the liquefaction risk for land surrounding Blenheim which at the time was being considered for future subdivision for human settlement or rezoning. On-site testing enabled zoning decisions to be made and hazard mapping in the MEP. 5. Following the Kaikoura Earthquake, MDC has worked closely with researchers from the Universities of Auckland and Canterbury to improve understanding of the drivers for lateral spread along the Lower Ōpaoa River/Lower Wairau River channels, and liquefaction affecting land in the Lower Wairau area generally. 6. There were strong correlations between liquefaction and certain geomorphological or geological formations including fossil river beds, but the reason why one side of the Ōpaoa River channel subsided while the other didn’t isn’t fully understood yet. 7. The researchers led by Liam Wotherspoon from the University of Auckland’s School of Engineering also attempted to forecast the Wairau Plain liquefaction risk for a large earthquake using a model of ground conditions and simulating varying levels of seismic shaking. 8. Research is continuing in Blenheim and Renwick using portable seismographs to measure land strength and sediment properties. More work is being considered for the Lower Wairau Plain and Blenheim areas that would be a prerequisite for preparing a planning aligned liquefaction risk classification. 9. The main reason for MDC assessing liquefaction vulnerability is to further inform its own planning and consenting processes. There are also benefits for the general public and land owners having knowledge about the strength of their land and its susceptibility to earthquakes of differing magnitude.
Summary 10. Research led by Auckland University is continuing on the drivers of liquefaction risk for the Wairau Plain. 11. This knowledge will be used to refine the current liquefaction boundary line in the Marlborough Environment Plan to guide planning and consenting. 12. Marlborough District Council are storing geotechnical information in its WELLS & SEDIMENTS database which will assist with refining the liquefaction risk assessment in the future.
RECOMMENDED That the information be received.
Environment Committee - 11 October 2018 - Page 3 5. Report on Estuary Monitoring 2018 (also refer separate reports available on Council’s website)
(Clr Hope) (Report prepared by Dr Steve Urlich) E325-006-001-03, E325-006-010-03, E325-006-013-03, E325-006-015-03
Purpose 1. To present the results of the ecological surveys of ten estuaries undertaken last summer. 2. Separate attachments: Estuary monitoring reports for Greville Harbour/Wharariki (Rangitoto Ki Te Tonga/D’Urville Island); Tennyson Inlet and Kenepuru Head (Pelorus Sound/Te Hoiere); Grove Arm and Whatamango Bay (Queen Charlotte Sound/Tōtaranui). 3. The above reports are available on Council’s website (refer https://www.marlborough.govt.nz/your- council/meetings?item=id:20lcey8ln17q9skvdhen, printed copies available on request).
4. Leigh Stevens, Wriggle Limited, will present the Tennyson Inlet and Grove Arm reports. (15 minutes).
Background 5. Healthy estuaries are productive ecosystems that provide an array of habitats for large, diverse populations of birds, fish and aquatic invertebrates. Healthy estuaries also provide social, cultural and recreational benefits, such as shellfish gathering, fishing, swimming and nature studies. 6. Estuaries are also sensitive receiving environments. The condition of estuaries reflects the effects of land use and other stressors. Results from monitoring can be used to explore and manage catchment influences, where these have been shown to cause negative effects to estuarine health. 7. Council uses the monitoring methods set out in the National Estuary Monitoring Protocol and the Estuarine Trophic Index assessment tool. These combine habitat and vegetation mapping with indicators of estuary condition. This enables the condition of an estuary to be tracked through time, and comparisons to be made with other estuaries regionally and nationally. 8. Mapping habitats and comparing patterns over time enables an understanding of sedimentation dynamics on estuary ecology, as well as the influence of invasive species and the growth of nuisance macro-algae from high nutrient inputs. The effectiveness of regulatory and non-regulatory catchment initiatives will also be evident over time in the condition of the estuary. 9. Council’s 2012 coastal monitoring strategy identifies the need to monitor our estuaries. A total of 17 estuaries have now had contemporary baselines established over the last seven years (Table 1).
5 yearly monitoring Year Next 10 yearly monitoring Year Next
Havelock 2014 2019 Okiwa & Ngakuta Bays 2011, 2018 2028 Wairau Lagoon 2015 2020 Kaiuma Bay 2017 2027 Shakespeare Bay 2016 2021 Tuna, Harvey & Duncan Bays 2018 2028 Waikawa Bay 2016 2021 Kenepuru Head 2018 2028 Whangarae Bay 2016 2021 Whatamango Bay 2018 2028 Mahakipawa Arm 2017 2022 Greville Harbour/Wharariki 2018 2028 (Smylie’s, Punt and Mill Arms)
Table 1: List of estuaries in Marlborough scheduled for monitoring. The estuaries on five yearly cycles have broad-scale habitat mapping and fine-scale sediment characteristics monitored, and those on a 10 year cycle have habitat mapping only.
Environment Committee - 11 October 2018 - Page 4 10. Estuary monitoring is contracted out annually. The estuaries monitored in 2018 went to four different companies:
• Tennyson Inlet (Duncan, Tuna and Harvey Bays) - Wriggle • Okiwa and Ngakuta Bays - Wriggle • Kenepuru Head - SLR Consulting • Whatamango Bay - Cawthron Institute • Greville Harbour/Wharariki (Smylie’s, Punt and Mill Arms) - Salt Ecology (was Wriggle).
Comments 11. The estuaries encompassed by the Wriggle reports will be the subject of a presentation to the Committee. Reports from the other estuaries are also discussed in this report. An assessment of the risk of a tipping point in ecological functioning for each estuary is summarised in Table 2.
12. Most estuaries are in good condition. These are in areas with intact, relatively stable and/or small catchments, such as Tennyson Inlet, Grove Arm, Whatamango Bay and Greville Harbour/Wharariki. Several though are at risk from a significant change in surrounding land uses in the near future, which will expose large areas of erosion-prone topsoil once the extensive vegetative cover is removed. These are Tuna Bay estuary in Tennyson Inlet and Okiwa Bay at the head of the Grove Arm.
Estuary ETI risk rating Assessment Report name of condition
Kenepuru Head High Poor SLR Consulting NZ Limited. 2018. Kenepuru Head Estuary: broadscale habitat mapping 2018. [Council Record 1890547].
Whatamango Bay Low Good Berthelsen A, Floerl L, Clement D. 2018. Broad- scale survey of Whatamango Bay estuary 2018. Cawthron Report No. 3208 [Council Record 18144393]
Greville Low all 3 Good Stevens LM. 2018. Broad scale intertidal habitat Harbour/Wharariki estuaries mapping of estuaries of Greville (Smylie’s Arm, Punt Harbour/Wharariki, D’Urville Island, Arm, Mill Arm) Marlborough. Salt Ecology Report 001 [Council Record 1883995]
Tennyson Inlet Low all 3 Good Stevens LM. 2018. Duncan, Harvey and Tuna (Tuna, Harvey & estuaries Bays: broad scale habitat mapping 2018. Duncan Bays) Wriggle Coastal Management. [Council Record 18143065]
Grove Arm (Okiwa Low (Ngakuta) Very Good Stevens LM. 2018. Okiwa and Ngakuta Bays: & Ngakuta Bays) broad scale habitat mapping 2018. Wriggle Moderate Moderate Coastal Management. [Record 18143064] (Okiwa)
Table 2: Key results from the 10 estuaries surveyed in 2018 to develop modern baselines. The Estuarine Trophic Index provides a rating of the level of risk of eutrophication for an estuary. Kenepuru Head is at High risk, being in poor condition. Most other estuaries are at lower risk.
Tennyson Inlet 13. Tennyson Inlet contains the most extensive tracts of native forest, relatively unmodified by historical logging in Pelorus Sound/Te Hoiere. There are small valley farms and two small
Environment Committee - 11 October 2018 - Page 5 settlements. The inlet has three compact estuaries in Duncan, Harvey and Tuna Bays. These estuaries are all in good ecological condition with seagrass, saltmarsh and herbfields (Figure 3).
14. The condition reflects relatively limited historical habitat loss and modification. Consequently, commonly observed catchment stressors, particularly excessive inputs of fine sediment and nutrients, were not significant issues in the estuaries. The dominant estuary substrates were well oxygenated cobble and gravel with only small areas of soft mud.
15. Because of the potential for increased sediment inputs to occur following future forest harvesting adjacent to Tuna Bay estuary (Figure 3), Wriggle has recommended that a series of sediment monitoring plates be installed to track changes in the sediment loads into Tuna Bay and also in Harvey Bay to act as a reference site. More intensive intertidal sampling is also recommended.
Figure 3: Location of Tuna, Duncan and Harvey Bays at the head of Tennyson Inlet. Note the predominant native forest cover surrounding the estuaries, and the two stands of pine trees above the estuary at Tuna Bay (Left). Native forest and estuary saltmarsh in Tuna Bay (Right).
Grove Arm 16. Okiwa Bay and Ngakuta Bays estuaries are surrounded by relatively intact native scrub and forest (97% Ngakuta, 57% Okiwa). Okiwa Bay has farmland and forestry within the catchment (Figure 4), so is more subject to the effects of land use. Both estuaries were monitored in 2011.
17. In 2018, Okiwa Bay was dominated by firm sands and firm sandy muds with extensive cockle beds. On the lower intertidal edge of the delta there were extensive beds of macroalgae (sea lettuce). Macroalgae can bloom and become a nuisance as it decays and becomes anoxic. However, conditions remained moderate underneath the macroalgae due to good sediment oxygenation. Macroalgal cover has increased since 2011 and an investigation into possible causes is needed.
18. Seagrass was uncommon in mud habitats but was extensive in Thompson Bay and at the edges of Okiwa Bay. Saltmarsh, although significantly reduced in extent from historical cover, flanked much of the upper estuary and appeared in healthy condition. Wriggle has recommended the establishment of sediment monitoring as there are large tracts of forestry shortly due for harvest.
Environment Committee - 11 October 2018 - Page 6 19. Ngakuta Bay also had healthy saltmarsh and relatively large beds of seagrass (Figure 4). The substrate was dominated by firm muddy sands and gravels with only small areas of soft mud. The relatively intact catchment means that excessive sedimentation and nutrients are unlikely.
Figure 4: Location map of Ngakuta and Okiwa Bays within the Grove Arm of Queen Charlotte Sound/Tōtaranui (Left). Dense seagrass bed in Ngakuta Bay with native forest cover (Right).
Whatamango Bay 20. Whatamango Bay was also assessed as being in generally good ecological health and exhibited minimal eutrophic symptoms. It has similar patterns to the Tennyson Inlet estuaries and Ngakuta Bay with seagrass, saltmarsh and native vegetation around the estuary margins. Damage to seagrass beds was noted by vehicle tracks (Figure 5), which may also be crushing cockles.
21. Cawthron suspect that the area of seagrass had reduced since 2015, although the cause(s) are not confidently able to be determined as seagrass can also fluctuate naturally. Cawthron has suggested more frequent monitoring. They also noted that soft mud levels may be causing stress to sensitive aquatic organisms and recommended strict sediment controls for catchment activities.
Figure 5: Seagrass (Zostera muelleri) bed in Whatamango Bay estuary (Left). Seagrass subject to physical disturbance probably caused by a vehicle (Right).
Greville Harbour/Wharariki 22. The impetus for surveying the three small estuaries within Greville Harbour/Wharariki arose due to a resource consent application to harvest a forestry plantation above Smylie’s Arm estuary (Figure
Environment Committee - 11 October 2018 - Page 7 6). Greville Harbour/Wharariki, as with most of Marlborough’s estuaries, is an ecologically significant marine site. However, Council did not have a contemporary baseline of estuary habitats and their condition.
23. Greville Harbour/Wharariki, like much of the Marlborough Sounds, is a drowned valley system characterised by steep hillsides and small intertidal flats in the upper tidal reaches. The intertidal reaches are subjected to frequent wind-driven wave action exacerbated by the narrow arms funnelling wind, which help to remobilise deposited sediment and redeposit it into the saltmarsh or the subtidal.
24. Consequently, the estuaries are relatively small (less than ~10 hectares) and are dominated by cobble and gravel substrates, and naturally support only small areas of salt marsh. The rare sea sedge Carex litorosa was found in Mill Arm (Figure 7). Smylie’s Arm and Punt Arm both had seagrass.
Figure 6: Location of three estuaries in Greville Harbour/Wharariki (Left). Pine Forest above Smylie’s Arm estuary (Right).
Figure 7: Nationally declining pale green sea sedge Carex litorosa within a herb field, Mill Arm (Left). Seagrass in Smylie’s Arm (Right).
Kenepuru Estuary 25. Situated at the head of the Kenepuru Arm, the estuary covers 43 hectares (Figure 8). In contrast to the other estuaries discussed in this report, Kenepuru was dominated by soft mud (77%). This ranks Kenepuru alongside Havelock, Kaiuma and Mahakipawa as amongst the muddiest in the country. It has low flushing rates and acts as a sink for wind-driven sediment suspended in the water column.
26. The recent 1,000 year history of benthic change in the Kenepuru showed that sediment levels are highest in the head of the Kenepuru (Figure 8). A significant proportion of sediment is from the Te Hoiere/Pelorus and Kaituna Rivers (Havelock Inflow - grey bars in core KP 11), as illustrated by the satellite images in Figure 1. The source of inflow sediments is currently under investigation.
Environment Committee - 11 October 2018 - Page 8 Figure 8: Estimated average proportion of source soils multiplied by sediment accumulation rates from each seabed core and presented as a 10-year average (source NIWA). KP4 is from St Omer Bay, PP2 is at Poison Point, KP 6 is from Waitaria Bay, and KP 9 is out from Ohauparuparu Bay.
27. Despite being covered by a fine layer of mud, cockle beds are surviving in the estuary (Figure 9). Cockles prefer sandier habitats and are often found within seagrass beds. Large beds of invasive Pacific Oyster beds also occurred in soft muds (Figure 9). SLR suspects that these have been expanding, as has been recently observed in other muddy estuaries in the inner Pelorus Sound.
28. In contrast, seagrass was restricted to three small patches along the estuary’s southeastern edge. Seagrass is sensitive to fine sediments, eutrophication, disturbance, poor oxygenation and high organic content of sediments. It may well recover if the sediment supply is significantly reduced.
Figure 9: Native cockle beds surviving in soft mud (Left). Invasive oyster beds and nuisance macroalgae (Enteromorpha sp.) in soft muds (Right).
Review of Estuary Monitoring 29. Council now has contemporary baselines for 17 estuaries throughout Marlborough. The estuaries range in condition as measured by the proportion of soft mud (Figure 10). The estuaries in the poorest condition are clustered in the inner Pelorus Sound/Te Hoiere. We know that these conditions have deteriorated relatively recently given empirical research and historical reminisces.
Environment Committee - 11 October 2018 - Page 9 30. The estuaries in good condition share similar catchment characteristics. Relatively large areas of seagrass, saltmarsh and sand/cobble/gravel substrate reflect relatively low sediment supply from stable catchments. The land uses in these catchments are predominantly native forest, often with small pastoral farming areas and/or small settlements in close proximity.
31. There are several estuaries with catchments that are due to have large areas of topsoil exposed to potential erosion by land use activities in the next few years. Continuation of regular monitoring along with additional targeted monitoring should enable the effects of that extensive vegetation clearance to be quantified on the estuary habitats.
32. This is an opportune time to step back and look at the aims and objectives of the estuary monitoring programme. A review will be carried out in early 2019 to identify whether the spatial coverage is optimal and whether the at-risk values within estuaries are adequately identified. The outcome of this review will contribute to a refresh of the 2012 Coastal Monitoring Strategy.
Figure 10: Comparison of most estuaries surveyed since 2011 in Marlborough. The estuaries that are subject to the presentation by Wriggle are labelled. These all have low levels of soft mud, and are considered low risk assessed by the ETI, as illustrated by the different coloured bands.
Summary 33. Ten estuaries were surveyed to characterise habitats, condition and risk in early 2018. Most are in good condition with a range of risks identified. The Kenepuru estuary is in poor ecological health. This reflects the large sediment inputs into Kenepuru Sound from Te Hoiere/Pelorus River and surrounding catchment disturbance. Modern baselines for 17 estuaries have now been completed. A review of the estuary monitoring programme will be completed in 2019.
RECOMMENDED That the information be received.
Environment Committee - 11 October 2018 - Page 10 6. Ecologically Significant Marine Sites Expert Panel Report (also refer separate report available on Council’s website)
(Clr Hope) (Report prepared by Dr Steve Urlich) E325-002-004-03
Purpose 1. To provide the Committee with the Significant Marine Site Expert Panel on the review of the 2018 monitoring of ecologically significant marine sites.
2. Separate attachment: Expert panel review of selected significant marine sites surveyed in 2017-2018. Davidson Environmental Limited.
3. The above report is available on Council’s website (refer https://www.marlborough.govt.nz/your- council/meetings?item=id:20lcey8ln17q9skvdhen, printed copy of report available on request).
4. Dr Steve Urlich, Environmental Scientist, will present a summary of the report (10 minutes).
Background 5. Marine biologist Rob Davidson presented the results of the fourth year of monitoring ecologically significant marine sites to the Committee on 19 July 2018. The monitoring was undertaken by Davidson Environmental for Council and the Department of Conservation the preceding summer. 6. The condition of 14 sites was assessed in Pelorus Sound/Te Hoiere, covering 1592 hectares (Figure 11). These sites included elephantfish egg laying sites in Fitzroy Bays, a rhodolith bed in Picnic Bay, diverse current swept communities in Waitata Reach, reefs in Tawhitinui Reach and Clova Bay. 7. Overall, Davidson Environmental identified six new sites. These included a rare rhodolith (calcified algae bed) in Woodlands Bay, and reefs in Tuhitarata Bay and Ouokaha Island, a new elephantfish spawning site (Figure 12) and a tubeworm bed both in Tennyson Inlet, and a new current swept community in Waitata Reach.
Figure 11: Location of new and existing ecologically significant marine sites surveyed in 2017/18.
Environment Committee - 11 October 2018 - Page 11 Comments 8. The Environment Committee referred the Monitoring Report to the Significant Marine Sites Expert Panel for review. The Expert Panel comprises many of the same experts who wrote the joint Council/Department of Conservation 2011 Ecologically Significant Marine Sites publication, which described 129 significant sites. Dr Sean Handley of NIWA joined the Expert Panel in 2018. The experts are listed in the front of the report, along with their experience and affiliations.
9. The Expert Panel confirmed that five of the six new sites meet the criteria for the significance under Section 6c of the Resource Management Act 1991. Their decisions are summarised in Table 3. They rejected the proposed Treble Tree coast site (Site 3.29) due to insufficient information.
Figure 12: Two hatched elephantfish egg cases in Penzance Bay (Photo: Rob Davidson). Inset - Elephantfish (Photo: Melbourne Aquarium).
Table 3: Summary of significant site assessment by the Expert Panel.
10. The Expert Panel also accepted the proposed boundary adjustments for the other sites. This resulted in an overall increase in total area of some sites surveyed of 165 hectares, with a decrease at other sites of 113 hectares (Table 3). The Panel agreed that the changes were mostly due to an improved level of survey. The majority of surveyed sites were in close proximity to the shore, or comprised hard reefs, so observed damage from human activities was localised.
11. Damage from the repositioning of a marine farm anchor block was noted at an existing rhodolith bed (Figure 13). Rhodoliths are long-lived, slow growing and fragile, being comprised of brittle calcified algae. They provide valuable habitat for a range of species. Recreational boat anchor damage to tubeworm mounds at Ouokaha Island reef (Site 3:26) was also observed.
Environment Committee - 11 October 2018 - Page 12
Figure 13: Anchor block drag damage in Picnic Bay (Photo: Rob Davidson).
12. The Expert Panel endorsed the Monitoring Report commentary around the large Tennyson Inlet significant site (Site 3.9 - Figure 11) is the largest bay complex in the Sounds, mostly surrounded by stable and protected native forest.
“What makes Tennyson inlet special are the stable and protected catchments that minimise catchment effects…[which] have been recognised as one of the main anthropogenic impacts sources in New Zealand (MacDiarmid et al., 2012; MFE, 2016). As such, the marine habitats of Tennyson Inlet represent an area in a relatively natural, pre-human “natural” state…Commercial dredging and trawling is excluded from Tennyson Inlet. The level of recreational dredging is unknown, but it recommended that the recreation dredging [be] aligned with the commercial exclusion [under the Marlborough Environment Plan]. Any dredging in an area recognised as having a high degree of “naturalness” is incompatible.”
13. The Expert Panel’s report will be passed to Council’s Environmental Policy Unit for inclusion by way of future plan change in the Marlborough Environment Plan. This includes the site name and number corrections from the 2011 report (Section 7.0 of the attached) as well as the revised and updated assessment criteria for significance in 2017, Appendix 1 of the attached).
Summary 14. The Significant Marine Site Expert Panel has now completed its assessment of the 2017/18 monitoring undertaken by Davidson Environmental Limited. The Panel has confirmed the findings of that monitoring report presented to Council in July 2018. There was a slight increase in overall area for all sites combined, which is due to five new sites identified and better survey definition. The Expert Panel report will be passed to Council’s Environmental Policy Unit for eventual implementation into the Marlborough Environment Plan.
RECOMMENDED That the information be received.
Environment Committee - 11 October 2018 - Page 13 7. Marlborough Sounds Water Quality Monitoring Report (also refer separate report available on Council’s website)
(Clr Hope) (Report prepared by Dr Steve Urlich) E325-002-001
Purpose 1. To provide the Committee with a NIWA report analysing and reviewing Council water quality monitoring data from Queen Charlotte Sound/Tōtaranui and Pelorus Sound/Te Hoiere.
2. Separate attachment: Marlborough District Council Water Quality monitoring data: review of Marlborough District Council monitoring data 2011-2018. NIWA report.
3. The above report is available on Council’s website (refer https://www.marlborough.govt.nz/your- council/meetings?item=id:20lcey8ln17q9skvdhen, printed copy of report available on request).
4. Dr Steve Urlich, Environmental Scientist, will present a summary of the report (10 minutes).
Background 5. Coastal water quality is essential for sustaining life, and our activities, within our coastal marine environment. The Council has responsibilities under the Resource Management Act 1991 (RMA) to safeguard the life supporting capacity of marine ecosystems and maintaining indigenous biodiversity.
6. In 2011 Council established state of the environment monitoring of water quality in Queen Charlotte Sound/Tōtaranui (QCS), and in 2012 in Pelorus Sound/Te Hoiere (Pelorus) (Figure 14). Council recognised that to achieve the sustainable management purpose of the RMA, it needed a better understanding of water quality and how it changes over time and in different parts of the Sounds.
Figure 14: Map of Council monthly water quality sites in Queen Charlotte Sound/Tōtaranui and Pelorus Sound/Te Hoiere. CTD sites are conductivity, temperature and depth instrument casts, which also record dissolved oxygen levels throughout the water column.
Environment Committee - 11 October 2018 - Page 14 7. The monitoring was designed to monitor the trophic status of the Sounds. NIWA provided this under an Envirolink grant in 2011. Eleven locations in each sound were selected, primarily in the main channels, to characterise the seasonal patterns of nutrient fluctuations, plankton and the physical properties of the water column. A list of parameters measured and collected is in Table 4.
8. Council’s Monitoring staff (Mike Ede, Karlien Heyns, Rosie Lees, John Sutherland and Mark Caldwell) have diligently been collecting samples each month utilising Council’s Harbours vessels (Figure 15). The monitoring team also collect samples at the same time for NZ King Salmon under a MoU. This improves the power of both datasets, as well as offsetting Council’s monitoring costs.
9. This enables a more informed assessment of compliance with the interim water quality standards in NZ King Salmon’s consents. These are 3.5 mg/m3 for chlorophyll a (chlorophyll is a photosynthetic pigment and is used as a proxy for phytoplankton biomass), 300 mg/m3 of total nitrogen (indicator threshold of nutrient levels) and >90% dissolved oxygen within water samples beyond the farms. The chlorophyll standard is conservatively set to be well below the 5 mg/m3 that the 2012 Board of Inquiry into new salmon farms identified as a state of trophic change if it was persistently reached.
10. Council’s coastal data was also used in the development by NIWA for Council of hydrodynamic models for both sounds. The data has informed the Technical Advisory Group to the Aquaculture Review Working Group for the Marlborough Environment Plan and in the development of best practice guidelines for water column management of salmon farming effects (currently in progress).
11. To maximise the value from the data, Council has the dataset analysed every three years. NIWA scientists Drs Niall Broekhuizen and David Plew have undertaken comprehensive analyses. The report also records the history of the monitoring and undertakes trend analysis on the data.
Salinity Dissolved reactive silicon Nitrate + Nitrite Particulate carbon Turbidity Dissolved reactive Total dissolved nitrogen Particulate nitrogen phosphorus Total suspended solids Total dissolved phosphorus Dissolved organic Phytoplankton nitrogen Suspended inorganic Dissolved organic Total Nitrogen Zooplankton* solids phosphorus Volatile suspended Ammoniacal nitrogen Chlorophyll a Dissolved oxygen solids Table 4: List of water quality parameters measured in Council’s monthly state of the environment monitoring. Note: Zooplankton sampling was discontinued in 2014 due to methodological issues.
Figure 15. Council staff collecting water samples in Pelorus Sound/Te Hoiere.
Environment Committee - 11 October 2018 - Page 15 Comments 12. Water quality can fluctuate with floods, tides, winds, currents and temperature, often in very short time periods. Council’s monthly monitoring allows broad trends to be detected, but cannot capture short term temporal changes such as short-lived algal blooms. Nevertheless, the data set is invaluable and will only increase in its utility over time.
13. The overall picture is that the trophic status of the water column is not in danger of significant deterioration. A negative change in trophic status would manifest in discoloured and nutrient-enriched water causing biological changes, such as frequent algal blooms. Some of these blooms are toxic to marine animals and also to humans if they eat contaminated shellfish. These sorts of changes have created dead zones elsewhere in the world when blooms die and deplete oxygen.
14. Patterns in several key water quality indicators are discussed below: suspended solids, chlorophyll, total nitrogen and dissolved oxygen.
15. Suspended Inorganic Solids: Increased solids are effectively a measure of sediment within the water column. The NIWA report states there is some evidence that concentrations (along with turbidity) have risen since mid-2014 in Pelorus Sound/Te Hoiere (Figure 16). The largest concentrations are associated with lower salinities and probably derive from sediment washing from the land.
16. This supports the hypothesis that the inner Pelorus estuaries are becoming muddier because of increased catchment land disturbance and on slopes above the sound (see Item 3) and is consistent with the satellite images in Figure 1. The highest concentrations throughout QCS and Pelorus have been in PLS-1 (Moetapu Bay) and PLS-2 (Kenepuru). This is the same for turbidity.
Figure 16: Concentrations of suspended inorganic solids measured in the main channel off Moetapu Bay (PLS -1) and inner Kenepuru (PLS-2) - see Figure 14 for map locations. The dashed red line sloping gradually upwards indicates a possible increase in concentrations.
17. Chlorophyll: In surface waters chlorophyll concentrations tend to be highest in late winter/spring and late summer/early autumn, with the exception of the Tory Channel/Kura Te Au sampling site (Figure 17). This reflects seasonal patterns of increased plankton activity taking advantage of the build-up of nitrates over the winter months with increased sea-surface temperatures and day length.
18. There have been several occasions in Grove Arm where chlorophyll has spiked above 5 mg/m3 (Figure 17). These are not unexpected as the water column can become warm and stratified in summer, and algal blooms periodically occur. Grove Arm is also where the effects of salmon farms in Tory Channel/Kura Te Au are modelled to manifest. However, chlorophyll levels have remained persistently below the 3.5 mg/m3 interim water quality standard, and there is no indication of an increasing trend at this time.
19. Chlorophyll levels in Tory Channel/Kura Te Au have remained very low over the last seven years. This reflects the colder, nutrient-rich waters flowing powerfully through the channel. Interestingly, the productive and biodiverse extensive biogenic habitats, and relatively abundant fish life, within Tory Channel/Kura Te Au does not depend on the relatively low productivity in the water column.
Environment Committee - 11 October 2018 - Page 16
Figure 17: Chlorophyll concentrations measured near-surface (red) and near-bed (blue) at Grove Arm (QCS-1) and Tory Channel/Kura Te Au (QCS-3). See Figure 14 for map locations. Horizontal dashed lines represent the interim water quality standards for salmon farms (3.5 mg/m3) and the persistent eutrophication threshold (5 mg/m3).
20. Total nitrogen: Total nitrogen is the sum of the nitrogen bound up in particulate matter and also dissolved within the water column. As with chlorophyll, there were instances above the 300 mg/m3 levels. However, these have not been persistent and there are no statistical trends in the data to indicate total nitrogen has consistently increased over the sampling period.
Figure 18: Total nitrogen measured near-surface (red) and near-bed (blue) south of Blumine Island (QCS-4) and north of Maud Island (PLS-6) - see Figure 14 for map locations. Horizontal dashed line represents the interim water quality standards for salmon farms (300 mg/m3).
21. Dissolved Oxygen: Dissolved oxygen within the water column is essential to respiration of aquatic organisms. Oxygen is fundamental to biological and biogeochemical processes in the ocean. Its decline can cause major changes in ocean productivity, biodiversity and biogeochemical cycles1. Species which are especially sensitive to low concentrations can start exhibiting signs of chronic stress at saturations below 60%. Persistent levels below that can result in serious harm.
22. The interim water quality standards are conservatively set at >90% beyond the salmon farms. There were five sequences in both sounds where dissolved oxygen fell below that threshold for three or more successive sampling occasions (Figure 19). Saturations fell below 70% on only three isolated occasions in Pelorus, and 11 occasions on 11 sampling dates in QCS. The low concentrations occurred in the Grove Arm in late summer (Figure 19). Detailed analysis is underway and the cause is likely to be a result of natural processes associated with stratification.
1 Breitburg et al. 2018. Declining oxygen in the global ocean and coastal waters. Science 359: DOI: 10.1126/science.aam7240 http://science.sciencemag.org/content/359/6371/eaam7240
Environment Committee - 11 October 2018 - Page 17
Figure 19: Dissolved oxygen levels through the water column at one site in Pelorus (PLS-2 Kenepuru) and QCS (QCS -1 Grove Arm). See Figure 14 for locations. The darker colours are higher dissolved oxygen concentrations and red are lower. Note the recurring pattern of low readings in late summer in QCS-1.
23. Council staff have been working with the Cawthron Institute to make the monitoring data available through an app, which will also include NZ King Salmon data. Council’s contribution is primarily funded by the Government’s Envirolink information transfer scheme. High quality data is valued by the scientific community and gets used multiple times, such that our investment leverages new knowledge and understanding about our place.
24. The monitoring undertaken since 2011 represents a significant investment by Council. The time series will demonstrate its value repeatedly over the years as La Nina/El Nino cycles occur. The monitoring can be augmented by new technologies such as continuous monitoring instruments attached to moored platforms. Additional investment is required in future, which may be funded by coastal occupancy charges should they be confirmed in the Marlborough Environment Plan. This will also help Council to explore the composition and ecological interactions of the multiple seeps revealed by the QCS seabed habitat mapping projects.
Summary 25. Council has been monitoring coastal water quality monthly in 11 locations in both Queen Charlotte Sound/Tōtaranui and Pelorus Sound/Te Hoiere since 2011. NIWA has produced a report for Council which comprehensively analyses the data collected up to June 2018. The key finding is that the trophic state of the water column in both sounds has not significantly changed over that time. The data is being made publicly available through an app developed by Cawthron Institute. Open access to Council monitoring data is a key operating principle and Council benefits from the analysis that is undertaken by external scientists. Council will continue to regularly monitor.
RECOMMENDED That the information be received.
Environment Committee - 11 October 2018 - Page 18 8. Marlborough Landscape Group - New Strategy Document
(Clr Arbuckle) (Report prepared by Matt Oliver) C230-001-M05
Purpose 1. To inform the Committee about the revised Strategy for the Marlborough Landscape Group.
2. Attached: New Marlborough Landscape Group Strategy (Refer Appendix 1).
3. Matt Oliver will provide a short presentation (5 minutes).
Background 4. The Marlborough Landscape Group is a Council-appointed advisory group. Our function is to act as a conduit between the Council and the community to provide comment and guidance to the Council on landscape issues.
5. The Marlborough Landscape Group was set up in 2002 after community concern about the effects on landscape from the rapid increase in changes to land use on the Wairau Plains. Impacts included the loss of wetlands, shelterbelts and historic trees through viticulture. In the past decade our focus has widened to include hillside housing development, tracking, forestry harvesting and other landscape impacts on public and private land.
6. Members are volunteers appointed by the Group and represent tangata whenua, forestry, farming, resource management, landscape design and environmental groups. We offer advice to the Council on policy to protect our landscapes, we work to raise awareness in the community about valuing our landscapes, and we encourage and facilitate landscape projects (planting and weed control) with the objective of improving the look and ecology of our region.
7. The Group receives funding from the Council of $100,000 per annum. This funding is utilised for landscape improvement work, including projects such as the Grove Road enhancement plantings, extensive Taylor River plantings, assistance with reserves plantings and with input into the proposed Marlborough Environment Plan landscape provisions.
Comments 8. The Marlborough Landscape Group has completed the revision of its key document “The Marlborough Landscape Group Strategy”. This work was completed to improve the Group’s focus and to ensure the Group was performing the advocacy, protection and enhancement roles it was set up to perform. It is an inclusive document that seeks to create a conduit between Council and the various groups that influence and affect the Marlborough landscape. The Strategy is a high-level document that outlines a 50 year vision for the Group and for Marlborough’s landscapes. That vision is:
A diverse Marlborough landscape where scenic and biodiversity values thrive alongside business and productive land use, and Marlborough’s range of landscapes are protected and enhanced by an engaged community that understands and values our natural environment. Landscape values for the next 50 years are promoted and advocated for, taking into account kaitiakitanga values, urban and rural growth projections, and the effects of climate change on scenery, land use and biodiversity.
9. The Strategy highlights the importance of a number of valuable documents that are used to underpin the values the Group is seeking to enhance. These documents include the “Wairau Plain Landscape Concept Guidelines” prepared by Lucas Associates, “Marlborough Landscape Study August 2015” by Boffa Miskell and the “Urban Design Protocols 2004” by the Ministry for the Environment. Secondary documents include “North Marlborough Planting and Restoration Guide”
Environment Committee - 11 October 2018 - Page 19 and “South Marlborough Native Planting Guide” prepared by Council and the Department of Conservation. These publications provide an excellent guide to the current state and desired future state of our regions landscapes.
10. The Strategy has been written by the Group members and Council staff to encourage participants to take a higher-level view of landscape issues. While the development of plantings and other enhancements is still important, the Group now has a mission to :
Provide leadership and inspire the community and stakeholders to protect and enhance Marlborough’s landscape through education and advocacy, in partnership with Council strategies.
11. The leadership, advocacy and advice that the Marlborough Landscape Group can provide is important to ensure effective communication between Council, iwi, industry and the wider public on landscape issues.
12. Future direction for the Group includes more responsibility for industry members to communicate back to the industry bodies they represent and to report back the industry response to the Marlborough Landscape Group concerns.
13. A significant project currently under consideration is a contestable fund for community planting projects. This fund would seek to leverage from ‘One Billion Trees’ funding and look to provide small community groups with funds to purchase plants and for maintenance of those plantings to ensure establishment. Initial discussions have involved the allocation of $30,000 of Marlborough Landscape Group funding over three years as 50/50 co-funding with One Billion Trees. Refer to Information Package for further details of this proposal.
Summary 14. The key changes articulated by the Strategy include a more education and advocacy based role amongst industry and community.
15. The Strategy outlines a refreshed approach to how we intend to spend the budget which is a priority based landscape planting approach, including alignment to our community riparian management, catchment based/ biodiversity outcomes.
16. Future direction for the Group included greater engagement with industry and expectations that Marlborough Landscape Group members communicate Marlborough Landscape Group concerns to the industries they represent.
17. A proposal for a contestable fund is currently being considered.
RECOMMENDED 1. That the information be received. 2. That the Marlborough Landscape Group Strategy be approved.
Environment Committee - 11 October 2018 - Page 20
Appendix 1
Environment Committee - 11 October 2018 - Page 21 Environment Committee - 11 October 2018 - Page 22 Environment Committee - 11 October 2018 - Page 23 Environment Committee - 11 October 2018 - Page 24 Environment Committee - 11 October 2018 - Page 25 9. Catchment Enhancement
(Clr Hope) (Report prepared by Alan Johnson and Peter Hamill) E375-000-001
Purpose 1. To inform the Council of the identification of ‘At Risk Catchments’ as part of requests from Central Government to identify catchments that are deemed ‘at-risk’ in terms of water quality.
Background 2. One of the recommendations that emerged from the Land and Water Forum was the need to identify ‘at-risk’ catchments and ensure that plans are in place for those catchments and to take action where necessary. The Ministry for the Environment has acted on the recommendation and has requested councils to identify ‘at-risk’ catchments.
Comments 3. Council staff identified the ‘at-risk’ catchments based on the waterbodies that have been identified as degraded or at risk of degradation in the proposed Marlborough Environment Plan. From knowledge gained from State of the Environment Water Quality Monitoring the proposed Marlborough Environment Plan identifies the parameters that contribute to the degraded water quality in each of the degraded catchments and sets targets and timeframes for improving water quality.
4. The proposed Marlborough Environment Plan included provisions to undertake catchment-specific research to establish the capacity of fresh waterbodies to assimilate total contaminant loads from within each catchment. The objectives and management purpose established for the waterbody and the uses and values supported by the waterbody will both assist to determine the sensitivity of the waterbody to increases in contaminant loads.
5. The proposed Marlborough Environment Plan also includes the development of Catchment Enhancement Plans, a priority for rivers that have degraded water quality. The Taylor River Improvement Project has been developed as a Catchment Enhancement Plan to improve the water quality of the Taylor River.
6. The report to the Ministry for the Environment identifying Marlborough’s ‘at-risk’ catchment, refer attachment.
RECOMMENDED That the information be received.
Environment Committee - 11 October 2018 - Page 26 AT RISK CATCHMENT – Are Are Creek Catchment Name and location of the at risk catchment1 Reason for inclusion Please provide high level descriptions of existing plan provisions, council planning timeframes and council, community and industry non-regulatory programmes that are addressing the decline. Current and proposed planning Non-regulatory approaches provisions This catchment unit is a northbank tributary of the Wairau River. The catchment is at risk because… RMA plans that are in place or planned to address Non-regulatory approaches currently in place… The Wairau River is the largest river in Marlborough, with its Are Are Creek is currently classed as ‘Fair’ according to the issues in the catchment… catchment accounting for a quarter of the entire Marlborough MDC’s Water Quality Index2. A 2017 snapshot report Catchment Enhancement Plans Region. Rainfall varies considerably between the northbank and on water quality shows that whilst water quality has Regional Policy Statement for the Marlborough Catchment Enhancement Plans will be southbank catchments of the Wairau River with the northbank improved (from Marginal to Fair) between the time Region developed as a priority for rivers that have catchments being subject to much higher rainfall levels. periods 2011-13 to 2014-16, there has been a degraded water quality, as identified in Policies deterioration in dissolved inorganic nitrogen Operative/existing regional plans 15.1.4 to 15.1.7. Are Are Creek is listed under Large pine production forest covers the hills of the catchment, while concentrations over this time. • Marlborough Sounds Resource Management these policies as being degraded. The methods the valley floor is dominated by pastoral land use. Plan to be used to enhance water quality will be It has been shown that nearly all of the nitrogen in determined following an assessment of the Rainfall is moderate with approximately 1500mm per year on these waterways is a result of leaching from animal Proposed Regional Plan cause and effect of degraded water quality and average. The Are Are Creek catchment has high ecological values urine, effluent or other organic material deposited on • Proposed Marlborough Environment Plan will be clearly identified within the Plans. It may which have been severely impacted by poor water quality, land unsealed surfaces. Rain or irrigation water carries the (pMEP) take time to establish the nature of the cause, drainage and artificial straightening of its channels over the nitrogen from these surfaces into the soil. When which may delay the completion of the Plans. decades. soils become over-saturated with water, the nitrogen The following regulatory provisions were included in Other methods may be used in the interim to is moved further down into subsurface flows and the Proposed Marlborough Environment Plan (MEP) reduce the effects of non-point source groundwater, which later re-appears in rivers and discharges on water quality. Each Catchment streams. Consequently, nitrogen leaching increases Investigations Enhancement Plan will be developed in with the amount of rainfall and is higher on pasture To undertake catchment-specific research to consultation with resource users in the that is irrigated. establish the capacity of fresh waterbodies to catchment and other affected parties. assimilate total contaminant loads from within each A catchment investigation in 2013/2014 identified catchment. An investigation into the Are Are Creek Management plans for dairy farming several causes for degraded water quality, including catchment was carried out in 2013/14, a number of Water Quality Management Plans can be used stock access, sewage contamination and poor effluent causes of poor water quality were identified and as a means of demonstrating on an ongoing management. A number of these causes have now addressed. Ongoing mitigation work is being carried basis that any adverse effects on water quality been mitigated, leading to the observed out. resulting from dairy farm conversions will be improvements in water quality. Nevertheless, there avoided, remedied or sufficiently mitigated. are a number of problem areas that need to be Stock Access Rules They provide the ability to consider all farm addressed in order to ensure that water quality There is a prohibited activity rule included in the management practices with the potential to remains in the fair category; these include bank Rural Zone (3.7.4 and 3.7.5) and Coastal Environment adversely affect surface or groundwater quality management and stock access. Zone (4.7.4 and 4.7.5) prohibiting intensively farmed or wetlands and manage these risks in an livestock entering onto or passing across the bed of a integrated way. This also enables the dairy Catchment values at risk river when there is water flowing in it. The rule farmer to progressively plan farm upgrades Map of Are Are Creek catchment The key catchment values at risk are: applies from 2022, which provides time for farmers based on priority or in the case of new farms, at • Human health – the Wairau River, into which Are to transition to the new requirements and put in the time of establishment. Water Quality Overview Are Creek flows is popular for swimming, kayaking place any necessary infrastructure. There are also Management Plans can be used to support This catchment area covers approximately 30 km2. and other recreational activities. Excess bacteria permitted activity water quality standards that apply applications for land use consent to convert the • According to the latest Land Cover Database, nearly 50% of numbers from the Are Are Creek catchment can to other stock accessing the bed. use of land to dairying. the catchment area is production forest, 27% is pasture and lead to spikes in E. coli numbers downstream in approximately 6% is vineyard. Approximately 18% of the the Wairau River, compromising the recreational Point Source Animal Effluent discharges catchment is covered in native forest, shrub and tussock. uses. The discharge of any collected animal effluent into
1 The term catchment in this instance is used to describe a hydrological catchment and/or a collection of hydrological catchments grouped together due to similar land use types, geographical proximity and/or similar land use pressures. 2 The Water Quality Index (WQI) is calculated using data from monthly monitoring over a three-year period. A number of water quality attributes, such as dissolved inorganic nitrogen, dissolved reactive phosphorus, E. coli, dissolved oxygen, turbidity etc., are involved in calculating the WQI.
Environment Committee - 11 October 2018 - Page 27 • Much of the production forest is planted at higher • Ecosystem health – excessive sedimentation from water is prohibited (see Rule 2.20.1). elevations, which makes sediment runoff and nutrient forestry and historic drainage and channel runoff a problem during harvesting. Climate change, with straightening, as well as issues with excessive Dairy Farm Conversions nutrients, means ecosystem health is under stress. Any conversion of land in the Rural Zone or Coastal more frequent storm events will only exacerbate the • Cultural – The restriction on collection of kai Environment Zone to dairy farming requires land use problem. moana/mahinga kai from the freshwater consent. Any application for land use consent would environment, due to contaminants such as E. coli, be considered as a discretionary activity (see Rules Whilst pasture dominates the lower elevations, there has been in affects their cultural values and mana. 3.6.8 and 4.6.8). The consent process will allow the increase in vineyard planting in the last ten years. Historic drainage potential effects of that conversion on water quality and artificial straightening of the channel has resulted in habitat loss Risk sources to be assessed relative to the Plan objectives for and deterioration. The major pressures the catchment faces are: water quality and the NOF. This requirement is part • E. coli – Whilst E. coli is ubiquitous across the of the Council's Progressive Implementation The status of the catchment under National Objectives Framework landscape, the primary source for the Are Are Programme for giving effect to Policy A1 of the as defined in the National Policy Framework for Freshwater is as Creek catchment is from rural (farming) sources. NPSFM. follows: • Sedimentation – Sediment is driven by rural practises such as harvesting of plantation forestry, Forestry provisions NOF attribute state clearing of riparian vegetation for crop production Where the Council has operative or proposed Site Name Ammonical Nitrate E. coli and farmland. provisions in its resource management plans that are Nitrogen Nitrogen • Loss of habitat – Although much of this is historic, already more stringent than the NES for Plantation Are Are Creek A A D* it continues to be an issue. Forestry and are able to be more stringent under Based on the most recent three annual statistics (data from 2015-2017 for • A 2015 catchment report showed that the main Regulation 6, the Council has determined that it will Ammonical and Nitrate Nitrogen, 2010-2017 for E. coli). Council has factors contributing to deterioration in water retain the provisions in the interim. A plan alignment currently insufficient data for the Periphyton (Trophic state) attribute quality were direct livestock access, nutrient process is underway and upon completion of that assessment. leaching into subsurface flow and groundwater, process it will be clearer what provisions remain to be heard by the MEP Hearings Panel. The Panel will and the lack of tall riparian vegetation. th then determine whether more stringent provisions * smaller than 4 order stream, therefore not included in national statistic Pressure effects on water are required to meet the NPSFM.
The future risks Proposed timing for council planning to address the Whilst water quality has seen a recent improvement, issues in the catchment… which has been as a result of a catchment investigation which identified sources of Policy 15.1.5 – Take action to enhance water quality contamination and put in place measures to mitigate in the following rivers to meet Objective 15.1d within the effects, the catchment still remains at risk of water ten years of the Marlborough Environment Plan quality deterioration. Dissolved inorganic nitrogen becoming operative: concentrations are increasing and production forest, (a) Are Are Creek. which covers nearly 50% of the catchment will become a problem during harvesting times, when sediment Comment on how adequate the planned response is run-off is particularly high. The historic drainage, to stop decline in the catchment… channel straightening and riparian vegetation The overall aim of the pMEP is to ensure that water clearance makes the catchment more susceptible to quality is maintained and does not get any worse. contaminant loadings.
Fixing excess nutrient loadings, bacteria numbers and sedimentation is a long-term exercise. This is why it is so important to do something now, before it really is too late!
Environment Committee - 11 October 2018 - Page 28 AT RISK CATCHMENT – Flaxbourne River Catchment Name and location of the at risk catchment3 Reason for inclusion Please provide high level descriptions of existing plan provisions, council planning timeframes and council, community and industry non-regulatory programmes that are addressing the decline. Current and proposed planning Non-regulatory approaches provisions This catchment is located in south Marlborough at the top of the The catchment is at risk because… RMA plans that are in place or planned to address Non-regulatory approaches currently in South Island. The Flaxbourne catchment is located in the driest area The Flaxbourne Catchment is currently classed as the issues in the catchment… place… of Marlborough with annual rainfall typically less than 800mm. The ‘Marginal’ according to MDC’s Water Quality Index4. A geology of the catchment is complex with greywacke dominating 2017 snapshot report on water quality shows that water Regional Policy Statement for the Marlborough Catchment Enhancement Plans much of the catchment, limestone beds occur in the lower reaches. quality for the catchment has deteriorated between the Region Catchment Enhancement Plans will be Flow is perennial in the upper catchment and lower reaches and time periods 2011-13 to 2014-16. Water quality attributes developed as a priority for rivers that have intermittent in the middle reaches. In recent years the demand for leading to the deterioration in water quality include Operative/existing regional plans degraded water quality, as identified in irrigated water has increased as viticulture has expanded into the dissolved oxygen, pH, temperature and dissolved reactive • Marlborough Sounds Resource Management Policies 15.1.4 to 15.1.7. The Flaxbourne area. Much of the catchment is in pastoral farming with most of the phosphorus. Poor dissolved oxygen concentrations are by Plan River is listed under these policies as being remainder in scrub. Vineyard planting has been on the increase in far the greatest contributor to poor water quality for the degraded. The methods to be used to the catchment over the last ten years. catchment. High water temperatures are due to the lack of Proposed Regional Plan enhance water quality will be determined tall vegetation on the banks of the river, which means that • Proposed Marlborough Environment Plan following an assessment of the cause and sunlight can reach the water unhindered, this also has a (pMEP) effect of degraded water quality and will be detrimental effect on dissolved oxygen concentrations in clearly identified within the Plans. It may the water. The following regulatory provisions were included in take time to establish the nature of the the Proposed Marlborough Environment Plan (MEP) cause, which may delay the completion of The significantly lower flow in the Flaxbourne River due to the Plans. Other methods may be used in the perennial and intermittent flows means that direct stock Investigations interim to reduce the effects of non-point access by low intensity farming often causes high E. coli To undertake catchment-specific research to establish source discharges on water quality. Each numbers. Trend analysis shows a significant increase over the capacity of fresh waterbodies to assimilate total Catchment Enhancement Plan will be the last nine years. The lack of a trend for the more recent contaminant loads from within each catchment. The developed in consultation with resource five-year period indicates that this increase is not a recent objectives and management purpose established for users in the catchment and other affected phenomenon. Instead, after the initial rise in the early the waterbody and the uses and values supported by parties. years of monitoring, E. coli numbers have remained high. A the waterbody will both assist to determine the particular phenomenon for this catchment is the sensitivity of the waterbody to increases in occurrence of consistently elevated pH values as a result of contaminant loads. Given their association with rural limestone deposits in the catchments. land uses and Marlborough’s history of primary production, research into nutrients is a priority. Map of Flaxbourne River catchment Catchment values at risk
The key catchment values at risk are: Stock Access Rules Overview 2 There is a prohibited activity rule included in the This catchment area covers approximately 100 km . • Ecosystem health – excessive nutrients (primarily Rural Zone (3.7.4 and 3.7.5) and Coastal Environment • According to the latest Land Cover Database, about 80% of dissolved reactive phosphorus), means ecosystem Zone (4.7.4 and 4.7.5) prohibiting intensively farmed the catchment area is pasture. health is under stress. In addition, the lack of tall livestock entering onto or passing across the bed of a • Native forest/shrubs and tussock account for approximately riparian vegetation to provide streambank shading river when there is water flowing in it. The rule 17%. contributes to high water temperatures and poor applies from 2022, which provides time for farmers to • Vineyard planting has been on the increase over the last 10- dissolved oxygen concentrations, thereby impacting on transition to the new requirements and put in place 15 years, although still only accounts for less than 1% of the instream ecology. any necessary infrastructure. There are also • Cultural – The restriction on collection of kai permitted activity water quality standards that apply landuse. moana/mahinga kai from the stream, due to to other stock accessing the bed. contaminants such as E. coli, affects their cultural
3 The term catchment in this instance is used to describe a hydrological catchment and/or a collection of hydrological catchments grouped together due to similar land use types, geographical proximity and/or similar land use pressures. 4 The Water Quality Index (WQI) is calculated using data from monthly monitoring over a three-year period. A number of water quality attributes, such as dissolved inorganic nitrogen, dissolved reactive phosphorus, E. coli, dissolved oxygen, turbidity etc., are involved in calculating the WQI.
Environment Committee - 11 October 2018 - Page 29 The increase in vineyards in the catchment is mainly as a result of values and mana. Point Source Animal Effluent discharges the conversion of pastoral farms. Direct measurements of nitrate The discharge of any collected animal effluent into leachate from a vineyard in Marlborough have shown that Risk sources water is prohibited (see Rule 2.20.1). significantly less nitrogen is lost to groundwater under vineyards The major pressures the catchment faces are: compared to pasture. The land use changes in the catchment could • E. coli – E. coli is ubiquitous across the landscape. The Dairy Farm Conversions provide an opportunity to investigate the impact of different land predominate source in this catchment is from livestock, Any conversion of land in the Rural Zone or Coastal uses on the water quality. even low intensity livestock with direct access to the Environment Zone to dairy farming requires land use waterways have been shown to adversely affect water consent. Any application for land use consent would Riparian vegetation clearance and channel modification, as a result quality due to the unique hydrological regime of the be considered as a discretionary activity (see Rules of land conversion (predominately to vineyard) and farming catchment. 3.6.8 and 4.6.8). The consent process will allow the practices, has resulted in loss of instream and riparian habitat and • Excessive nutrient inputs, particularly dissolved potential effects of that conversion on water quality increased streambank erosion. reactive phosphorus. to be assessed relative to the Plan objectives for • Loss of habitat – Although much of this is historic, the water quality and the NOF. This requirement is part The status of the catchment under National Objectives Framework modification of the catchment, predominately through of the Council's Progressive Implementation as defined in the National Policy Framework for Freshwater is as riparian vegetation clearance, continues to be an issue, Programme for giving effect to Policy A1 of the follows: particularly with the recent changes in land use from NPSFM. pastoral to vineyard. NOF attribute state Proposed timing for council planning to address the Site Name Ammonical Nitrate E. coli Pressure effects on water issues in the catchment… Nitrogen Nitrogen Flaxbourne A A D The future risks No specific timeline is in place to address the issues Loss of habitat through riparian vegetation clearance, specific to this catchment, however the catchment is Based on the most recent three annual statistics (data from 2015-2017 for listed the pMEP as degraded. By listing it as such Ammonical and Nitrate Nitrogen, 2010-2017 for E. coli). Council has channel modification and changing land use are the biggest currently insufficient data for the Periphyton (Trophic state) attribute pressures affecting the stream catchment. prioritisation can be given to the catchment. The assessment. collection of further information to assess sources of If loss of habitat is not dealt with, there is a risk that contamination and to quantify risks to water quality,
ecosystem health would eventually reach the point of with a view to enacting mitigation measures to being irreversibly changed or damaged. improve water quality is planned for the catchment.
Unrestricted stock access to the waterway has an Comment on how adequate the planned response is inordinate effect on water quality due to the peculiarities to stop decline in the catchment… of the catchment’s flow regime. The overall aim of the pMEP is to ensure that water Fixing excess nutrient loadings, bacteria numbers and quality is maintained and does not get any worse. habitat loss is a long-term exercise. This is why it is so important to do something now, before it really is too late!
Environment Committee - 11 October 2018 - Page 30 AT RISK CATCHMENT – Linkwater Stream Catchments Name and location of the at risk catchment5 Reason for inclusion Please provide high level descriptions of existing plan provisions, council planning timeframes and council, community and industry non-regulatory programmes that are addressing the decline. Current and proposed planning provisions Non-regulatory approaches This catchment unit is located in north Marlborough at the top of The catchment is at risk because… RMA plans that are in place or planned to address the Non-regulatory approaches currently in the South Island. The catchment unit comprises of Cullen Creek Linkwater Stream is currently classed as ‘Marginal’ issues in the catchment… place… catchment Linkwater Stream catchment and Ada Creek according to MDC’s Water Quality Index6. A 2017 snapshot catchment. The catchments lie in Linkwater, a small isthmus of report on water quality shows that water quality for Regional Policy Statement for the Marlborough Region Catchment Enhancement Plans land that separates Pelorus Sound/Te Hoiere and Queen Linkwater Stream has deteriorated slightly between the Catchment Enhancement Plans will be Charlotte Sound/Totaranui. time periods 2011-13 to 2014-16. Water quality attributes Operative/existing regional plans developed as a priority for rivers that have leading to the deterioration in water quality include • Marlborough Sounds Resource Management degraded water quality, as identified in The Cullens Creek catchment is a small catchment flows into the dissolved oxygen, dissolved inorganic nitrogen and Plan Policies 15.1.4 to 15.1.7. Cullens Creek and Pelorus Sound/Te Hoiere. An equal mix of native and exotic dissolved reactive phosphorus. Linkwater Stream are listed under these forestry (approximately 40% of each) occurs in the upper Proposed Regional Plan policies. The methods to be used to enhance reaches with dairying accounting for approximately 10% in the Cullen Creek is also currently classed as ‘Marginal’ • Proposed Marlborough Environment Plan (pMEP) water quality will be determined following lower reaches. The catchment is of ecological significance with according to MDC’s Water Quality Index7. However, the an assessment of the cause and effect of many native fish species recorded. 2017 snapshot report on water quality shows that water The following regulatory provisions were included in the degraded water quality and will be clearly quality for Cullen Creek has deteriorated from being classed Proposed Marlborough Environment Plan (MEP) identified within the Plans. It may take time Linkwater Stream is one of several small catchments that flow as ‘Fair’ to being classed as ‘Marginal’ between the time to establish the nature of the cause, which into the Queen Charlotte Sound/Totaranui. Approximately 30% periods 2011-13 to 2014-16. Water quality attributes Investigations may delay the completion of the Plans. of the catchment is covered in native bush with a further 25% leading to the deterioration in water quality include To undertake catchment-specific research to establish Other methods may be used in the interim covered in exotic forestry. Dairying is the predominant land use turbidity, dissolved oxygen, E. coli, dissolved inorganic the capacity of fresh waterbodies to assimilate total to reduce the effects of non-point source in the lower reaches and covers nearly 30% of the catchment nitrogen and dissolved reactive phosphorus. contaminant loads from within each catchment. The discharges on water quality. Each Catchment area. objectives and management purpose established for the Enhancement Plan will be developed in Nitrate is the main component of soluble inorganic waterbody and the uses and values supported by the consultation with resource users in the nitrogen, which in Linkwater Stream is almost always waterbody will both assist to determine the sensitivity of catchment and other affected parties. exceeding the guideline for nuisance algae growth. Despite the waterbody to increases in contaminant loads. Given the increase in nitrate concentrations, the Water Quality their association with rural land uses and Marlborough’s Management plans for dairy farming Index has been improving slightly in recent years. This is the history of primary production, research into nutrients is a Water Quality Management Plans can be result of a reduction in E. coli numbers and turbidity levels, priority. It is also necessary to prioritise sediment loads in used as a means of demonstrating on an but due to the recent nature of this trend it has not yet rivers flowing into sensitive receiving environments, such ongoing basis that any adverse effects on been captured by trend analysis. The improvements are a as the enclosed coastal waters of the Marlborough water quality resulting from dairy farm result of recent fencing efforts along Linkwater Stream, Sounds. conversions will be avoided, remedied or which are preventing direct stock access to the waterway. sufficiently mitigated. They provide the Currently a catchment investigation has been undertaken ability to consider all farm management E. coli numbers in Cullen Creek are higher than those in for the area. The results of which will be reported on in practices with the potential to adversely Linkwater Stream despite a longer history of permanent the near future. affect surface or groundwater quality or fencing along Cullen Creek, which has mature riparian wetlands and manage these risks in an vegetation along most of its length. It appears that Stock Access Rules integrated way. This also enables the dairy remaining stock access and/or run-off during irrigation and There is a prohibited activity rule included in the Rural farmer to progressively plan farm upgrades rainfall is having a significant effect on the water quality of Zone (3.7.4 and 3.7.5) and Coastal Environment Zone based on priority or in the case of new the Creek. (4.7.4 and 4.7.5) prohibiting intensively farmed livestock farms, at the time of establishment. Water entering onto or passing across the bed of a river when Quality Management Plans can be used to Map of Cullen Creek and Linkwater Stream Catchments The Linkwater Stream catchments have been investigated there is water flowing in it. The rule applies from 2022, support applications for land use consent to in more detail in recent years, the results of this which provides time for farmers to transition to the new convert the use of land to dairying.
5 The term catchment in this instance is used to describe a hydrological catchment and/or a collection of hydrological catchments grouped together due to similar land use types, geographical proximity and/or similar land use pressures. 6 The Water Quality Index (WQI) is calculated using data from monthly monitoring over a three-year period. A number of water quality attributes, such as dissolved inorganic nitrogen, dissolved reactive phosphorus, E. coli, dissolved oxygen, turbidity etc., are involved in calculating the WQI. 7 The Water Quality Index (WQI) is calculated using data from monthly monitoring over a three-year period. A number of water quality attributes, such as dissolved inorganic nitrogen, dissolved reactive phosphorus, E. coli, dissolved oxygen, turbidity etc., are involved in calculating the WQI.
Environment Committee - 11 October 2018 - Page 31 Overview investigation will be published later this year. requirements and put in place any necessary This catchment area covers approximately 60 km2. infrastructure. There are also permitted activity water Dairy farm stream crossing initiative • According to the latest Land Cover Database, just over quality standards that apply to other stock accessing the The purpose of the stream crossing survey is 50% of the catchment area is native forest, shrub and Catchment values at risk bed. to improve water quality in Marlborough’s tussock, 30% is production/exotic forest and The key catchment values at risk are: waterways and to achieve this Council • Human health – exposure to pathogens in both Point Source Animal Effluent discharges required the elimination of all places where approximately 20% is pasture. freshwater and Pelorus Sound/Te Hoiere and Queen The discharge of any collected animal effluent into water cows walk through waterways. The stream • Much of the exotic forest is planted on steep ground, Charlotte Sound/Totaranui through swimming, is prohibited (see Rule 2.20.1). crossing survey was first established in 2002 which makes sediment runoff and nutrient runoff a kayaking or other recreational activities. which identified crossing locations on all problem during harvesting. Climate change, with more • Ecosystem health – excessive sedimentation in streams Dairy Farm Conversions operating dairy farms in Marlborough. The frequent storm events will only exacerbate the problem. and the estuary, as well as issues with excessive Any conversion of land in the Rural Zone or Coastal total number of stream crossings has nutrients, means ecosystem health is under stress, both Environment Zone to dairy farming requires land use significantly reduced in the Marlborough consent. Any application for land use consent would be Region since 2002 from 229 to 21 in 2017. The status of the catchment under National Objectives for freshwater and the receiving estuarine considered as a discretionary activity (see Rules 3.6.8 and Framework as defined in the National Policy Framework for environments. 4.6.8). The consent process will allow the potential Freshwater is as follows: • Cultural – The restriction on collection of kai effects of that conversion on water quality to be assessed moana/mahinga kai from the rivers and estuarine relative to the Plan objectives for water quality and the NOF attribute state environments, due to contaminants such as E. coli, NOF. This requirement is part of the Council's Progressive Site Name Ammonical Nitrate E. coli affects their cultural values and mana. Implementation Programme for giving effect to Policy A1 Nitrogen Nitrogen Risk sources of the NPSFM. Linkwater A A D* The major pressures the catchment faces are: Stream • E. coli – E. coli is ubiquitous across the landscape, Forestry provisions Cullen Creek A A D sources are predominately rural and agriculture in Where the Council has operative or proposed provisions Based on the most recent three annual statistics (data from 2015-2017 nature for this catchment area. in its resource management plans that are already more for Ammonical and Nitrate Nitrogen, 2010-2017 for E. coli). Council has • Excess nutrients – from intensive farming, including stringent than the NES for Plantation Forestry and are currently insufficient data for the Periphyton (Trophic state) attribute irrigation on most pasture land in the lower reaches of able to be more stringent under Regulation 6, the Council assessment. the catchment. has determined that it will retain the provisions in the • Sedimentation – Sediment is driven by rural practises interim. A plan alignment process is underway and upon th * smaller than 4 order stream, therefore not included in national such as harvesting of plantation forestry and dairying. It completion of that process it will be clearer what statistic is particularly an issue during high rainfall events. provisions remain to be heard by the MEP Hearings Better bank management, such as stock exclusion and Panel. The Panel will then determine whether more riparian planting, could improve water quality in these stringent provisions are required to meet the NPSFM. rivers by stabilising the banks. • Loss of habitat – Although much of this is historic, Proposed timing for council planning to address the through excessive sedimentation in the rivers and issues in the catchment… estuary, and drainage of wetlands for farmland, continues to be an issue. Climate change will also see Policy 15.1.5 – Take action to enhance water quality in further habitat loss through sea-level rise, etc. the following rivers to meet Objective 15.1d within ten years of the Marlborough Environment Plan becoming Pressure effects on water operative: The future risks (b) Cullen Creek. The catchment is faced with a higher risk of human health, ecosystem health and community values being heavily Comment on how adequate the planned response is to impacted if water quality in this catchment area is not stop decline in the catchment… addressed. Already some progress is seen in the Linkwater The overall aim of the pMEP is to ensure that water catchment with the recent fencing efforts along the Stream. quality is maintained and does not get any worse. Further improvements are envisaged when the results of a recent catchment management investigation are analysed and reported on, allowing for mitigation measures to be enacted for the catchment. Although the catchment covers a relatively small area it has diverse uses and is the gateway
Environment Committee - 11 October 2018 - Page 32 to both the Pelorus Sound/Te Hoiere and Queen Charlotte Sound/Totaranui. The internationally renowned Te Araroa walking trail crosses through both Linkwater Stream and Cullen Creek catchments, making the area highly visible to international and national tourists alike.
If sedimentation and nutrient inputs are not dealt with, there is a risk that ecosystem health would eventually reach the point of being irreversibly changed or damaged. Fixing excess nutrient loadings, bacteria numbers and sedimentation is a long-term exercise. It is so important to do something now, to ensure the community and ecosystem values of the catchment area are protected.
Climate change, with more frequent high intensity rainfall events, will exacerbate problems with stream bank erosion and the resultant input of contaminants.
Environment Committee - 11 October 2018 - Page 33 AT RISK CATCHMENT – Mill Creek Catchment Name and location of the at risk catchment8 Reason for inclusion Please provide high level descriptions of existing plan provisions, council planning timeframes and council, community and industry non-regulatory programmes that are addressing the decline. Current and proposed planning provisions Non-regulatory approaches This catchment is located in central Marlborough at the top of The catchment is at risk because… RMA plans that are in place or planned to address the Non-regulatory approaches currently in the South Island. Mill Stream is a highly prized waterway in the The Mill Creek Catchment is currently classed as ‘Marginal’ issues in the catchment… place… Marlborough region as it is the longest spring fed stream in the according to MDC’s Water Quality Index9. A 2017 snapshot region. The Wairau Awatere Resource Management Plan states report on water quality shows that water quality for the Regional Policy Statement for the Marlborough Region Catchment Enhancement Plans that the system of streams are managed for aquatic ecosystems, Mill Creek catchment has changed very little between the Catchment Enhancement Plans will be fish spawning and contact recreation purposes. The catchment time periods 2011-13 to 2014-16. Water quality attributes Operative/existing regional plans developed as a priority for rivers that have has low rainfall of approximately 1050 mm per year. leading to the deterioration in water quality include E. coli, • Marlborough Sounds Resource Management degraded water quality, as identified in turbidity, dissolved inorganic nitrogen and dissolved Plan Policies 15.1.4 to 15.1.7. Mill Creek is listed reactive phosphorus. Dissolved inorganic nitrogen is by far under these policies as being degraded. The the greatest contributor to poor water quality for the Proposed Regional Plan methods to be used to enhance water catchment. • Proposed Marlborough Environment Plan (pMEP) quality will be determined following an assessment of the cause and effect of The water quality in Mill Creek is reduced by high soluble The following regulatory provisions were included in the degraded water quality and will be clearly inorganic nitrogen concentrations, which are the Proposed Marlborough Environment Plan (MEP) identified within the Plans. It may take time most elevated measured at any of the sites monitored in to establish the nature of the cause, which Marlborough’s State of the Environment program. The Investigations may delay the completion of the Plans. nitrogen is predominantly in the form of nitrate. As a result, To undertake catchment-specific research to establish Other methods may be used in the interim Mill Creek is also the only site with nitrate concentrations the capacity of fresh waterbodies to assimilate total to reduce the effects of non-point source consistently exceeding the A-Band limit of the NPS nitrate contaminant loads from within each catchment. The discharges on water quality. Each Catchment attribute. Groundwater sampling near Mill Creek indicates objectives and management purpose established for the Enhancement Plan will be developed in that almost all the nitrate originates from groundwater waterbody and the uses and values supported by the consultation with resource users in the inflows and is therefore the result of nitrogen leaching waterbody will both assist to determine the sensitivity of catchment and other affected parties. through the soil and into groundwater. Nearly 95% of the the waterbody to increases in contaminant loads. catchment is currently in irrigated pasture, which has the Although council undertook an initial greatest catchment investigation in 2009, significant Map of Mill Creek catchment Council undertook an initial catchment investigation in potential for nitrogen leaching. changes in land use and agricultural 2009 to define the stressors and their effects on the intensifications in recent years might require Overview catchment. The work served to initiate long-term 2 Compared to the other sites along the upper and mid a follow-up investigation. A specific This catchment area covers approximately 20 km . monitoring of the stream, which includes hydrological, Wairau River catchment, Mill Creek also has the highest E. Catchment Enhancement Plan is yet to be • According to the latest Land Cover Database, nearly 95% water quality, groundwater quality and biological coli numbers. Exceedances of the E. coli guideline are not monitoring at the site. developed for the catchment. of the catchment area is improved pasture. limited to flood flows, indicating that direct stock access is • There are small amounts of production forest (3%) and having a significant impact on the creeks water quality. Stock Access Rules Management plans for dairy farming native forest/shrubs and tussock (1.5%). There is a prohibited activity rule included in the Rural Water Quality Management Plans can be • Vineyard planting has been on the increase over the last Catchment values at risk Zone (3.7.4 and 3.7.5) and Coastal Environment Zone used as a means of demonstrating on an 10-15 years, although still only accounts for less than 1% The key catchment values at risk are: (4.7.4 and 4.7.5) prohibiting intensively farmed livestock ongoing basis that any adverse effects on water quality resulting from dairy farm of the landuse. entering onto or passing across the bed of a river when • Amenity – reduced water clarity through increased there is water flowing in it. The rule applies from 2022, conversions will be avoided, remedied or • Whilst the catchment area is relatively small (20km2), sedimentation which provides time for farmers to transition to the new sufficiently mitigated. They provide the water quality is heavily influenced by groundwater flows • Ecosystem health – excessive sedimentation, as well as requirements and put in place any necessary ability to consider all farm management from as far east as Wye River. issues with excessive nutrients (primarily dissolved infrastructure. There are also permitted activity water practices with the potential to adversely inorganic nitrogen), means ecosystem health is under quality standards that apply to other stock accessing the affect surface or groundwater quality or The increase in vineyards in the catchment is mainly as a result stress. In addition, morphological changes through bed. wetlands and manage these risks in an
8 The term catchment in this instance is used to describe a hydrological catchment and/or a collection of hydrological catchments grouped together due to similar land use types, geographical proximity and/or similar land use pressures. 9 The Water Quality Index (WQI) is calculated using data from monthly monitoring over a three-year period. A number of water quality attributes, such as dissolved inorganic nitrogen, dissolved reactive phosphorus, E. coli, dissolved oxygen, turbidity etc., are involved in calculating the WQI.
Environment Committee - 11 October 2018 - Page 34 of the conversion of pastoral farms. Pastoral land use has been channel straightening, infilling and riparian vegetation integrated way. This also enables the dairy significantly intensified on other farms in the catchment. Direct clearance is impacting on instream ecology and Point Source Animal Effluent discharges farmer to progressively plan farm upgrades measurements of nitrate leachate from a vineyard in significantly reducing habitat quality and quantity. The discharge of any collected animal effluent into water based on priority or in the case of new Marlborough have shown that significantly less nitrogen is lost to • Cultural – The restriction on collection of kai is prohibited (see Rule 2.20.1). farms, at the time of establishment. Water groundwater under vineyards compared to pasture. The land use moana/mahinga kai from the stream, due to Quality Management Plans can be used to changes in the catchment could provide an opportunity to contaminants such as E. coli, affects their cultural Dairy Farm Conversions support applications for land use consent to investigate the impact of different land uses on the water quality values and mana. Any conversion of land in the Rural Zone or Coastal convert the use of land to dairying. of spring-fed streams in Marlborough. This knowledge could Environment Zone to dairy farming requires land use then be applied to other areas with predominantly groundwater- Risk sources consent. Any application for land use consent would be fed waterways, such as the Blenheim springs. The major pressures the catchment faces are: considered as a discretionary activity (see Rules 3.6.8 and • E. coli – E. coli is ubiquitous across the landscape, 4.6.8). The consent process will allow the potential Riparian vegetation clearance, channel straightening and coming mainly from rural (farming) sources. effects of that conversion on water quality to be assessed infilling, as a result of land conversion to pasture, has resulted in • Excessive nutrient inputs, particularly dissolved relative to the Plan objectives for water quality and the loss of instream and riparian habitat and increased streambank inorganic nitrogen NOF. This requirement is part of the Council's Progressive erosion. Conversion to vineyard is resulting in further habitat • Sedimentation – Sediment is driven by rural practises Implementation Programme for giving effect to Policy A1 degradation. As a result reduced water clarity of the spring fed such as stream bank clearance and stock access. of the NPSFM. stream has occurred through increased sedimentation of the • Loss of habitat – Although much of this is historic, the stream. This impacts on amenity and ecosystem values of the drainage of wetlands, riparian vegetation clearance, Proposed timing for council planning to address the stream. channel modifications (straightening and infilling) issues in the catchment… continue to be an issue, particularly with the recent The status of the catchment under National Objectives rapid change in land use from pastoral to vineyard. Policy 15.1.4 – Take action to enhance water quality in Framework as defined in the National Policy Framework for the following rivers to meet Objective 15.1b within ten Freshwater is as follows: Pressure effects on water years of the Marlborough Environment Plan becoming operative: NOF attribute state The future risks (a) Mill Creek. Site Name Ammonical Nitrate E. coli If the risks to the unique values (high water clarity due to Nitrogen Nitrogen spring fed nature and the unique instream fauna associated Comment on how adequate the planned response is to Mill Creek A B D* with these stream types) are not addressed, then the stop decline in the catchment…
Based on the most recent three annual statistics (data from 2015-2017 stream is at high risk of losing these values. Riparian The overall aim of the pMEP is to ensure that water for Ammonical and Nitrate Nitrogen, 2010-2017 for E. coli). Council has vegetation clearance, channel straightening and infilling currently insufficient data for the Periphyton (Trophic state) attribute and intensification of pastoral land use are the biggest quality is maintained and does not get any worse. assessment. pressures affecting the stream catchment.
th If sedimentation is not dealt with, there is a risk that * smaller than 4 order stream, therefore not included in national statistic ecosystem health would eventually reach the point of being irreversibly changed or damaged.
Fixing excess nutrient loadings, bacteria numbers and sedimentation is a long-term exercise. This is why it is so important to do something now, before it really is too late!
Environment Committee - 11 October 2018 - Page 35 AT RISK CATCHMENT – Ōpaoa River Catchment Name and location of the at risk catchment10 Reason for inclusion Please provide high level descriptions of existing plan provisions, council planning timeframes and council, community and industry non-regulatory programmes that are addressing the decline. Current and proposed planning provisions Non-regulatory approaches This catchment unit is located in central Marlborough at the top The catchment is at risk because… RMA plans that are in place or planned to address the Non-regulatory approaches currently in of the South Island. The catchment unit comprises the Taylor The lower Ōpaoa River is currently classed as ‘Marginal’ issues in the catchment… place… River, Omaka River, Doctors Creek, Murphys Creek and Ōpaoa according to MDC’s Water Quality Index11. A 2017 River catchments. The Ōpaoa River Catchment flows into the snapshot report on water quality shows that water Regional Policy Statement for the Marlborough Region Catchment Enhancement Plans Wairau River and ultimately into Cloudy Bay. The Omaka River quality here has deteriorated from ‘Fair’ to ‘Marginal’ Catchment Enhancement Plans will be arises in the Southern Valley hills of South Marlborough. This is between the time periods 2011-13 to 2014-16. Operative/existing regional plans developed as a priority for rivers that have one of the dryer areas of Marlborough where annual rainfall can • Wairau Awatere Resource Management Plan degraded water quality, as identified in be as little as 600mm. The catchment is dominated by vineyard There has also been deterioration in water quality for a Policies 15.1.4 to 15.1.7. Several rivers and in the lower reaches and pasture in the upper reaches, little number of its sub-catchments over the same time Proposed Regional Plan streams in the Ōpaoa catchment are listed native forest remains. periods, including the upper Ōpaoa River, the Taylor • Proposed Marlborough Environment Plan (pMEP) under these policies as being degraded. The River and Doctors Creek sub-catchments. Water methods to be used to enhance water The lower Taylor River and Ōpaoa River are popular swimming attributes leading to the deterioration in water quality The following regulatory provisions were included in the quality will be determined following an and kayaking location, with schools and youth club groups include E. coli, water temperature, dissolved oxygen, Proposed Marlborough Environment Plan (MEP) assessment of the cause and effect of making frequent use of it in the summertime. The Taylor River turbidity and dissolved reactive phosphorus. degraded water quality and will be clearly and Murphys Creek have high amenity values, in part due to Investigations identified within the Plans. It may take time their proximity to numerous walking paths in Blenheim, and high An investigation into the causes of poor water quality in To undertake catchment-specific research to establish to establish the nature of the cause, which ecosystem values due to their spring fed nature which results in Doctors Creek in 2014 showed that bank management the capacity of fresh waterbodies to assimilate may delay the completion of the Plans. their cool crystal clear waters. and winter grazing of sheep in vineyards was a contaminant loads from within each catchment. The Other methods may be used in the interim significant source of phosphorus and sediment in this objectives and management purpose established for the to reduce the effects of non-point source waterway. Doctors Creek also has the highest E. coli waterbody and the uses and values supported by the discharges on water quality. Each Catchment concentrations of the sites in this group. The catchment waterbody will both assist to determine the sensitivity of Enhancement Plan will be developed in investigation identified the main causes as direct stock the waterbody to increases in contaminant loads. Given consultation with resource users in the access and ducks, but in one of the tributaries, their association with rural land uses and Marlborough’s catchment and other affected parties. contamination with human sewage was also found. A history of primary production, research into nutrients is a sparsity of riparian shading can contribute to poor priority. It may also be necessary to prioritise heavy As a result of the 2015 catchment oxygen levels and high water temperatures in the metals in urban catchments, given the prevalence of such investigation, a five-year Taylor River catchment. metals in urban stormwater. Enhancement Programme, with a view to managing diffuse pollution and Trend analysis, reported on in 2016, shows a significant A catchment specific investigation for the Doctors Creek sedimentation though riparian management increase in E. coli concentrations in the Taylor River for sub-catchment was completed and reported on in 2015. and planting, was implemented and is both nine year and the five-year periods. The high E. coli It found high nitrate concentrations mainly originate currently underway. 2018-19 marks year 1 of concentrations have also been identified through from groundwater that emerges in Doctors Creek and its the project. The programme concentrates on sampling of the Taylor River as part of the Recreational tributaries, high dissolved reactive phosphorus the Taylor, Doctors and Murphy’s Creek sub- Water Quality program and parts of the Taylor River concentrations were a result of a combination of the catchments. A total of $500k has been now have permanent warning signs in place. removal of streambank vegetation and sheep grazing on allocated to the project. vineyards. Catchment values at risk Stormwater Management Area Plans The key catchment values at risk are: Stock Access Rules The Council will investigate the nature, There is a prohibited activity rule included in the Rural extent and sources of contamination of Map of Ōpaoa River Catchment • Human health – exposure to pathogens in Zone (3.7.4 and 3.7.5) and Coastal Environment Zone urban stormwater discharges and consider freshwater swimming, kayaking or other (4.7.4 and 4.7.5) prohibiting intensively farmed livestock possible means of reducing contaminant recreational activities entering onto or passing across the bed of a river when levels. This will be achieved through the
10 The term catchment in this instance is used to describe a hydrological catchment and/or a collection of hydrological catchments grouped together due to similar land use types, geographical proximity and/or similar land use pressures. 11 The Water Quality Index (WQI) is calculated using data from monthly monitoring over a three-year period. A number of water quality attributes, such as dissolved inorganic nitrogen, dissolved reactive phosphorus, E. coli, dissolved oxygen, turbidity etc., are involved in calculating the WQI.
Environment Committee - 11 October 2018 - Page 36 Overview • Ecosystem health – excessive sedimentation in there is water flowing in it. The rule applies from 2022, development and implementation of This catchment area covers approximately 450 km2. streams, low dissolved oxygen, metal contaminants which provides time for farmers to transition to the new Stormwater Management Area Plans. These • According to the latest Land Cover Database, just over from urban runoff, as well as issues with excessive requirements and put in place any necessary Plans will be developed progressively and 40% of the catchment area is pasture, with the majority nutrients (dissolved reactive phosphorus), means infrastructure. There are also permitted activity water implemented for each urban stormwater as improved pasture, 25% is vineyard and approximately ecosystem health is under stress. quality standards that apply to other stock accessing the catchment. It is expected that Stormwater • bed. Management Area Plans will form the basis 20% is shrub and tussock with lesser amounts of native Cultural – The restriction on collection of kai moana/mahinga kai from the rivers environment, of discharge permit applications to continue forest. Murphys Creek, the lower Taylor River and parts due to contaminants such as E. coli, affects their Dairy Farm Conversions discharging stormwater into water. of the Ōpaoa River flow through the largest town in the cultural values and mana. Any conversion of land in the Rural Zone or Coastal Marlborough region, Blenheim. Stormwater and sewage Environment Zone to dairy farming requires land use Blenheim Sewage Infrastructure Upgrade. discharges have an inordinate impact on water quality in Risk sources consent. Any application for land use consent would be Council is investing $20.9m over the next 10 these reaches. The major pressures the catchment faces are: considered as a discretionary activity (see Rules 3.6.8 and years to upgrade the towns sewage pipeline 4.6.8). The consent process will allow the potential network (approximately 16km) to fix damage • An aging urban stormwater system, sewer cross • E. coli – E. coli is ubiquitous across the landscape, coming from both urban (sewer and stormwater effects of that conversion on water quality to be assessed caused by the 2016 Kaikoura earthquake and connections and rapid development of urban areas in infrastructure for Blenheim), rural (farming) and relative to the Plan objectives for water quality and the to upgrade an aging infrastructure. The Blenheim over the last 10 years have resulted in wildfowl sources. NOF. This requirement is part of the Council's Progressive capital programme will commence in 2018- continued and increased water quality issues for the • Sedimentation – Sediment is driven by rural Implementation Programme for giving effect to Policy A1 19 with an initial emphasis in the first two catchment, particularly with regard to faecal practises where riparian vegetation is cleared of the NPSFM. years to replace pipe lines that pose a higher contamination and metal contamination. The increase in and/or stock access (sheep and cattle) leads to risk to the environment through direct point vineyard planting has had a negative impact on riparian stream bank erosion. Stormwater Management source discharges into the Taylor River. Manage the adverse effects of urban stormwater vegetation in many places, with clearing of streambank • Loss of habitat – Although much of this is historic, loss of native vegetation in the catchment and the discharges on water quality by applying management to Codes of practice and industry guidelines vegetation and other vegetation a common practice in drainage of wetlands for crop production and activities within each urban stormwater catchment in Advocate to industry groups that they, vineyard development. This has led to increased issues farmland continues to be an issue. order to reduce the potential for stormwater to become locally or nationally, prepare and/or adopt with sedimentation, particularly impacting on the clear contaminated at source. codes of practice or other guidelines (where spring fed streams that flow through urban Blenheim. Pressure effects on water not already in place) aimed at reducing the Proposed timing for council planning to address the effects of discharges to water. The status of the catchment under National Objectives The future risks issues in the catchment… Framework as defined in the National Policy Framework for Ecosystem health is at risk from excess sedimentation, Policy 15.1.4 – Take action to enhance water quality in Promote the retirement and planting of Freshwater is as follows: excess nutrients, poor oxygen levels and high the following rivers to meet Objective 15.1b within ten riparian margins in rural areas to intercept temperatures. The amenity values of the streams and years of the Marlborough Environment Plan becoming contaminated runoff, especially where water NOF attribute state creeks within the Blenheim urban area and wider area operative: quality is degraded or at risk of degradation. Site Name Ammonical Nitrate E. coli are being compromised by excess sedimentation (b) Murphys Creek. Nitrogen Nitrogen resulting in poorer water clarity. Taylor River A A D Policy 15.1.5 – Take action to enhance water quality in Doctors Creek A A - B E If the sources of faecal contamination are not dealt the following rivers to meet Objective 15.1d within ten years of the Marlborough Environment Plan becoming Murphys A A - B A - B* with there is a risk that popular areas of the catchment operative: Creek will become less and less “swimmable”, due to the need (c) Doctors Creek Omaka River A A A for more frequent closures.
Lower Ōpaoa A A A Policy 15.1.6 – Take action to enhance water quality in Mid Ōpaoa A A B - C The catchment is faced with a much higher risk to human health, ecosystem health and community values the following rivers to meet Objective 15.1e within ten Based on the most recent three annual statistics (data from 2015-2017 being heavily impacted. years of the Marlborough Environment Plan becoming for Ammonical and Nitrate Nitrogen, 2010-2017 for E. coli). Council has operative: currently insufficient data for the Periphyton (Trophic state) attribute Fixing excess nutrient loadings, bacteria numbers and (a) Taylor River assessment. sedimentation is a long-term exercise. This is why it is so important to do something now, before it really is too Comment on how adequate the planned response is to th * smaller than 4 order stream, therefore not included in national late! stop decline in the catchment… statistic The overall aim of the pMEP is to ensure that water quality is maintained and does not get any worse.
Environment Committee - 11 October 2018 - Page 37 AT RISK CATCHMENT – Te Hoiere/Pelorus and Kaituna River Catchments Name and location of the at risk catchment12 Reason for inclusion Please provide high level descriptions of existing plan provisions, council planning timeframes and council, community and industry non-regulatory programmes that are addressing the decline. Current and proposed planning provisions Non-regulatory approaches This catchment unit is located in north Marlborough at the top of The catchment is at risk because… RMA plans that are in place or planned to address the Non-regulatory approaches currently in the South Island. The catchment unit comprises the Te The lower Te Hoiere/Pelorus River is currently classed as issues in the catchment… place… Hoiere/Pelorus River catchment, the largest catchment in north ‘Fair’ according to MDC’s Water Quality Index13. A 2017 Marlborough and the Kaituna River catchment. Both flow into the snapshot report on water quality shows that whilst Regional Policy Statement for the Marlborough Region Catchment Enhancement Plans Havelock Estuary, in the inner Pelorus Sound/Te Hoiere. Although water quality for the lower Te Hoiere/Pelorus has Catchment Enhancement Plans will be native forest dominates most of the Te Hoiere/Pelorus River improved between the time periods 2011-13 to 2014-16, Operative/existing regional plans developed as a priority for rivers that have catchment, most dairy farms in Marlborough are located in the Te there has been deterioration in water quality for a • Marlborough Sounds Resource Management degraded water quality, as identified in Hoiere/Pelorus catchment particularly in the Rai sub-catchment. number of its sub-catchments over the same time Plan Policies 15.1.4 to 15.1.7. A number of sub- The Te Hoiere/Pelorus River catchment is the wettest place in periods, including the Wakamarina River, the Opouri catchments are listed under these policies. Marlborough with annual rainfall as high as 2650mm. The Kaituna River and the Rai River catchments. Water attributes Proposed Regional Plan The methods to be used to enhance water River flows north towards Havelock and the inner most part of the leading to the deterioration in water quality include E. • Proposed Marlborough Environment Plan quality will be determined following an Pelorus Sound/Te Hoiere. Pasture, including dairying, dominates the coli, water temperature, turbidity, dissolved inorganic (pMEP) assessment of the cause and effect of lowland catchment with exotic forestry occurring at higher nitrogen and dissolved reactive phosphorus. degraded water quality and will be clearly elevations. Rainfall is moderate with approximately 1500mm per The following regulatory provisions were included in identified within the Plans. It may take year on average. The Te Hoiere/Pelorus River catchment is a E. coli numbers exceed guideline levels during flood the Proposed Marlborough Environment Plan (MEP) time to establish the nature of the cause, popular swimming and kayaking location, with both local and flows as well as lower flows in the Rai and Ronga sub- which may delay the completion of the international tourists and is frequently used by kayakers at the catchments and subsequently the Lower Te Investigations Plans. Other methods may be used in the Outward Bound school based in Anakiwa in the Marlborough Hoiere/Pelorus River catchment. This indicates that To undertake catchment-specific research to establish interim to reduce the effects of non-point Sounds. despite recent efforts to prevent direct stock access to the capacity of fresh waterbodies to assimilate total source discharges on water quality. Each waterways, the Rai and Ronga Rivers are still contaminant loads from within each catchment. The Catchment Enhancement Plan will be occasionally contaminated with stock faeces. This could objectives and management purpose established for developed in consultation with resource be the result of run-off during irrigation or stock access the waterbody and the uses and values supported by users in the catchment and other affected to unfenced swales and small tributaries. the waterbody will both assist to determine the parties. sensitivity of the waterbody to increases in An increase in nitrate concentrations in the Kaituna River contaminant loads. Given their association with rural Management plans for dairy farming has resulted in the exceedance of the NPS A-Band limit, land uses and Marlborough’s history of primary Water Quality Management Plans can be so that the water quality of the Kaituna River is now production, research into nutrients is a priority. It is used as a means of demonstrating on an within the B-Band for the annual median of the nitrate also necessary to prioritise sediment loads in rivers ongoing basis that any adverse effects on attribute. flowing into sensitive receiving environments, such as water quality resulting from dairy farm the enclosed coastal waters of the Marlborough conversions will be avoided, remedied or Havelock Estuary has been identified by MDC as a Sounds. sufficiently mitigated. They provide the priority for monitoring and is a key part of MDC’s coastal ability to consider farm management monitoring programme being undertaken in a staged A number of investigations have been carried out for practices with the potential to adversely manner throughout the Marlborough region. High this catchment area over the years, including affect surface or groundwater quality or bacteria numbers, sedimentation and excessive nutrients freshwater, estuarine and marine investigations. wetlands and manage these risks in an from forestry, farmland and urban inputs, adversely Various mitigation measures and long-term monitoring integrated way. This also enables the dairy impact recreational values, ecosystem values, cultural programmes have been implemented as a result of farmer to progressively plan farm values and community values. these investigations. upgrades based on priority or in the case of new farms, at the time of Map of Te Hoiere/Pelorus and Kaituna River Catchments Catchment values at risk Stock Access Rules establishment. Water Quality The key catchment values at risk are: There is a prohibited activity rule included in the Rural Management Plans can be used to support Overview • Human health – exposure to pathogens in both Zone (3.7.4 and 3.7.5) and Coastal Environment Zone applications for land use consent to This catchment area covers approximately 1034 km2.
12 The term catchment in this instance is used to describe a hydrological catchment and/or a collection of hydrological catchments grouped together due to similar land use types, geographical proximity and/or similar land use pressures. 13 The Water Quality Index (WQI) is calculated using data from monthly monitoring over a three-year period. A number of water quality attributes, such as dissolved inorganic nitrogen, dissolved reactive phosphorus, E. coli, dissolved oxygen, turbidity etc., are involved in calculating the WQI.
Environment Committee - 11 October 2018 - Page 38 • According to the latest Land Cover Database, just over 70% freshwater and Havelock Estuary through swimming, (4.7.4 and 4.7.5) prohibiting intensively farmed convert the use of land to dairying. of the catchment area is native forest, shrub and tussock, kayaking or other recreational activities livestock entering onto or passing across the bed of a Nutrient Management Plans will be 14% is exotic forest and approximately 12% is pasture. • Ecosystem health – excessive sedimentation in river when there is water flowing in it. The rule applies required as a means to demonstrate how streams and the estuary, as well as issues with from 2022, which provides time for farmers to nutrient inputs associated with dairy • Much of the exotic forest is planted on steep ground, which excessive nutrients means ecosystem health is under transition to the new requirements and put in place farming are to be managed to ensure any makes sediment runoff and nutrient runoff a significant stress, both for freshwater and the receiving any necessary infrastructure. There are also permitted adverse effects on water quality will be problem during harvesting. Climate change, with more estuarine environment. activity water quality standards that apply to other avoided, remedied or mitigated. frequent storm events will only exacerbate this. • Cultural – The restriction on collection of kai stock accessing the bed. moana/mahinga kai from the rivers and estuarine Council developed six farm plans in 2012 Havelock Estuary is a tidal river plus delta estuary approximately environment, due to contaminants such as E. coli, Point Source Animal Effluent discharges which built on a collaborative response led 800ha in size located near Havelock in the Marlborough District. A affects their cultural values and mana. The discharge of any collected animal effluent into by Landcare Trust in 2011 were a number 2014 report into the health of the Estuary stated that sedimentation • Industry – The mussel growing industry is the largest water is prohibited (see Rule 2.20.1). of farm plans have been developed with and habitat modification were classed as ‘very high’ and ‘high’ risk industry in the Pelorus Sound/Te Hoiere, excessive the farming community. for adverse ecological impacts. The estuary is impacted by nutrients bacteria, sedimentation and nutrients (which can Dairy Farm Conversions (nitrate and phosphorus) and bacteria (E. coli) from the Te lead to toxic algal blooms) can limit harvesting times. Any conversion of land in the Rural Zone or Coastal Dairy farm stream crossing initiative Hoiere/Pelorus and Kaituna River catchments. The quiescent nature Environment Zone to dairy farming requires land use The purpose of the stream crossing survey of the inner Pelorus Sound/Te Hoiere makes it particularly Risk sources consent. Any application for land use consent would be is to improve water quality in susceptible to nutrient and sediment loadings from these two large The major pressures the catchment faces are: considered as a discretionary activity (see Rules 3.6.8 Marlborough’s waterways and to achieve catchments. Bacteria contamination is also an issue as mussel • E. coli – E. coli is ubiquitous across the landscape, and 4.6.8). The consent process will allow the potential this Council required the elimination of all farming is one of the biggest industries in the Pelorus Sound/Te coming mainly from rural (farming) sources, but effects of that conversion on water quality to be places where cows walk through Hoiere. urban sources (sewer and stromwater infrastructure assessed relative to the Plan objectives for water waterways. The stream crossing survey for Havelock) have an additional effect on the quality and the NOF. This requirement is part of the was first established in 2002 which The status of the catchment under National Objectives Framework Havelock estuary. Council's Progressive Implementation Programme for identified crossing locations on all as defined in the National Policy Framework for Freshwater is as • Excess nutrients – from intensive farming in the giving effect to Policy A1 of the NPSFM. operating dairy farms in Marlborough. The follows: lower reaches of the catchment. total number of stream crossings has • Sedimentation – Sediment is driven by rural practises Forestry provisions significantly reduced in the Marlborough NOF attribute state such as harvesting of plantation forestry and Where the Council has operative or proposed Region since 2002 from 229 to 21 in 2017. Site Name Ammonical Nitrate E. coli dairying. provisions in its resource management plans that are Nitrogen Nitrogen • Loss of habitat – Although much of this is historic, already more stringent than the NES for Plantation Kaituna A A -B C - D through excessive sedimentation particularly in the Forestry and are able to be more stringent under Upper Pelorus A A A estuary, and drainage of wetlands for farmland, it Regulation 6, the Council has determined that it will Wakamarina A A A - B continues to be an issue. Climate change will also see retain the provisions in the interim. A plan alignment Lower Pelorus A A A further habitat loss through sea-level rise, etc. process is underway and upon completion of that Opouri A A A process it will be clearer what provisions remain to be heard by the MEP Hearings Panel. The Panel will then Rai A A A - B Pressure effects on water determine whether more stringent provisions are Ronga A A D The future risks required to meet the NPSFM. Based on the most recent three annual statistics (data from 2015-2017 for If the sources of faecal contamination are not dealt with Ammonical and Nitrate Nitrogen, 2010-2017 for E. coli). Council has there is a risk that popular areas of the catchment, currently insufficient data for the Periphyton (Trophic state) attribute widely used by tourists and Outward Bound, will become Proposed timing for council planning to address the assessment. issues in the catchment… less and less “swimmable”, due to more frequent closures. The mussel shell industry is also at risk from sources of faecal contamination and excessive nutrients. Policy 15.1.5 – Take action to enhance water quality in The catchment is faced with a much higher risk to human the following rivers to meet Objective 15.1d within ten health, ecosystem health and community values being years of the Marlborough Environment Plan becoming heavily impacted. operative: (d) Kaituna River. If sedimentation is not dealt with, there is a risk that ecosystem health would eventually reach the point of Policy 15.1.6 – Take action to enhance water quality in being irreversibly changed or damaged, this is the following rivers to meet Objective 15.1e within ten particularly true for Havelock Estuary, where years of the Marlborough Environment Plan becoming
Environment Committee - 11 October 2018 - Page 39 sedimentation has been found to pose a ‘Very High Risk’ Proposed timing for council planning to address the to the functioning of the estuarine ecosystem. Fixing issues in the catchment… excess nutrient loadings, bacteria numbers and sedimentation is a long-term exercise. This is why it is so Policy 15.1.5 – Take action to enhance water quality in important to do something now, before it really is too the following rivers to meet Objective 15.1d within ten late! years of the Marlborough Environment Plan becoming operative: (c) Katiuna River
Policy 15.1.6 – Take action to enhance water quality in the following rivers to meet Objective 15.1e within ten years of the Marlborough Environment Plan becoming operative: (b) Rai River (note that the Ronga River is a tributary of the Rai River)
Comment on how adequate the planned response is to stop decline in the catchment… The overall aim of the pMEP is to ensure that water quality is maintained and does not get any worse.
Environment Committee - 11 October 2018 - Page 40 AT RISK CATCHMENT – Tuamarina River Catchment Unit Name and location of the at risk catchment14 Reason for inclusion Please provide high level descriptions of existing plan provisions, council planning timeframes and council, community and industry non-regulatory programmes that are addressing the decline. Current and proposed planning provisions Non-regulatory approaches This catchment unit is located in north Marlborough at the The catchment is at risk because… RMA plans that are in place or planned to address the Non-regulatory approaches currently in top of the South Island. The unit comprises the Tuamarina The Tuamarina River is currently classed as ‘Marginal’ according issues in the catchment… place… River catchment, the Pukaka River catchment and the to MDC’s Water Quality Index15. A 2017 snapshot report on Wairau Diversion (which includes the Rarangi aquifer unit water quality shows that water quality here has improved Regional Policy Statement for the Marlborough Region Catchment Enhancement Plans and associated small tributaries). within the ‘Marginal’ class between the time periods 2011-13 to Catchment Enhancement Plans will be 2014-16. Most of this improvement has been as a result of Operative/existing regional plans developed as a priority for rivers that have The Tuamarina River is one of the larger northbank improved turbidity levels. However, dissolved inorganic • Wairau Awatere Resource Management Plan degraded water quality, as identified in tributaries of the Wairau River. The lower reaches of the nitrogen, E. coli, dissolved reactive phosphorus and pH have all Policies 15.1.4 to 15.1.7. The Tuamarina Tuamarina River have a very low gradient, which has seen a slight deterioration in terms of quality over this same Proposed Regional Plan River and Wairau Diversion are listed under resulted in the formation of a large swamp (Para wetland). time period. The WQI for the Wairau Diversion went from • Proposed Marlborough Environment Plan (pMEP) these policies. The methods to be used to This is the largest remaining wetland in the region and is ‘Poor’ in the 2011-13 period to its current status of ‘Fair’. This enhance water quality will be determined managed mainly by Fish & Game NZ. In recent years, large improvement is mainly ascribed to the improvements in the The following regulatory provisions were included in the following an assessment of the cause and areas of the wetland have been aerially sprayed to remove Tuamarina River, however slight deterioration in dissolved Proposed Marlborough Environment Plan (MEP) effect of degraded water quality and will be willows. Due to the large amount of organic material in the inorganic nitrogen, E. coli and dissolved reactive phosphorus are clearly identified within the Plans. It may wetland, the water of the Tuamarina River usually has a also observed. Investigations take time to establish the nature of the tannin brown colour. The Wairau Diversion is a man made To undertake catchment-specific research to establish cause, which may delay the completion of channel, constructed in the 1960s to divert flood flows from A Tuamarina River catchment study was carried out in 2015/16 the capacity of fresh waterbodies to assimilate total the Plans. Other methods may be used in the the Wairau River away from Blenheim and the Wairau with a report published in 2018 to identify sources and causes contaminant loads from within each catchment. The interim to reduce the effects of non-point plains. In non-flood conditions, flow is predominately from of poor water quality. The results of this investigation showed objectives and management purpose established for the source discharges on water quality. Each the Tuamarina catchment, with the smaller Pukaka that the wetland had a significant influence on the water quality waterbody and the uses and values supported by the Catchment Enhancement Plan will be catchment and water from the shallow Rarangi aquifer unit in the river. The wetland is both a sink for soluble inorganic waterbody will both assist to determine the sensitivity of developed in consultation with resource influencing water quality further downstream. nitrogen and a source for dissolved reactive phosphorus. In an the waterbody to increases in contaminant loads. users in the catchment and other affected earlier study carried out in 2002/2003, the wetland had a An investigation into the sources of degraded water parties. similar effect on nitrogen, but no effect on phosphorus quality in the Tuamarina River was published in 2018. concentrations. It is likely that large-scale aerial spraying of Although the Para Wetland is largely willows within the wetland in recent years has caused the Stock Access Rules managed by Fish & Game NZ, Council have wetland to become a phosphorus source. There is a prohibited activity rule included in the Rural completed an investigation into the sources Zone (3.7.4 and 3.7.5) and Coastal Environment Zone and causes of poor water quality with an aim Dissolved oxygen saturation is also affected by the wetland, (4.7.4 and 4.7.5) prohibiting intensively farmed livestock to implement measures to reverse however oxygen levels are already quite low upstream of the entering onto or passing across the bed of a river when deteriorating trends in water quality. wetland. Short-term continuous monitoring revealed that there is water flowing in it. The rule applies from 2022, oxygen saturation upstream of the wetland was consistently which provides time for farmers to transition to the new Codes of practice and industry guidelines between 70% and 80%. In the lower part of the wetland requirements and put in place any necessary Advocate to industry groups that they, dissolved oxygen saturations are around 60%, while several infrastructure. There are also permitted activity water locally or nationally, prepare and/or adopt kilometres downstream of the wetland oxygen saturation has quality standards that apply to other stock accessing the codes of practice or other guidelines (where the greatest variability, at times falling to levels as low as 47%. bed. not already in place) aimed at reducing the This is the result of prolific aquatic plant growth. Low dissolved effects of discharges to water. oxygen levels potentially have the most severe impact on the Dairy Farm Conversions ecology of the lower Tuamarina River. Any conversion of land in the Rural Zone or Coastal Promote the retirement and planting of Environment Zone to dairy farming requires land use riparian margins in rural areas to intercept Flood flows result in very high numbers of E. coli in the lower consent. Any application for land use consent would be contaminated runoff, especially where water Tuamarina River, which in turn affects the Wairau Diversion. considered as a discretionary activity (see Rules 3.6.8 and quality is degraded or at risk of degradation. Map of Tuamarina River Catchment Unit
14 The term catchment in this instance is used to describe a hydrological catchment and/or a collection of hydrological catchments grouped together due to similar land use types, geographical proximity and/or similar land use pressures. 15 The Water Quality Index (WQI) is calculated using data from monthly monitoring over a three-year period. A number of water quality attributes, such as dissolved inorganic nitrogen, dissolved reactive phosphorus, E. coli, dissolved oxygen, turbidity etc., are involved in calculating the WQI.
Environment Committee - 11 October 2018 - Page 41 Overview Stock access is considered to be an issue. 4.6.8). The consent process will allow the potential This catchment area covers approximately 150 km2. effects of that conversion on water quality to be assessed Cultural impact assessment • According to the latest Land Cover Database, nearly relative to the Plan objectives for water quality and the A cultural impact assessment is an 40% of the catchment area is native forest, shrub Catchment values at risk NOF. This requirement is part of the Council's Progressive assessment of the potential effects of an and tussock, 30% is production forest, 15% is The key catchment values at risk are: Implementation Programme for giving effect to Policy A1 activity on resources and values of • Human health – exposure to pathogens in freshwater of the NPSFM. significance to tangata whenua. Such reports pasture and approximately 20% is vineyard. swimming, kayaking or other recreational activities in the document iwi values within an area and • Land use in the catchment is dominated by pasture Wairau Diversion provide appropriate measures to avoid, on the river flats (mainly dairy) and production • Ecosystem health – low dissolved oxygen, issues with Proposed timing for council planning to address the remedy or mitigate any adverse effects on forestry on the lower hills. The lower parts of the excessive nutrients (particularly dissolved reactive issues in the catchment… those values. A report is prepared to Tuamarina River flows through the large Para phosphorus), channel and stream bank modification means document the assessment and can form part Wetland. ecosystem health is under stress. No specific timeline is in place to address the issues of the Assessment of Environmental Effects specific to this catchment, however the catchment is submitted as part of any discharge permit The catchment, in particular the Wairau Diversion, is a • Cultural – The restriction on collection of kai listed the pMEP as degraded. By listing it as such application. popular recreational area. Swimming, kayaking, white moana/mahinga kai from the rivers environment, due to prioritisation can be given to the catchment. The baiting and fishing all occur along the length of the Wairau contaminants such as E. coli, affects their cultural values collection of further information to assess sources of Management plans for dairy farming Diversion. and mana. contamination and to quantify risks to water quality, with Water Quality Management Plans can be
a view to enacting mitigation measures to improve water used as a means of demonstrating on an The Pukaka Steam catchment and the Rarangi wetland areas Risk sources quality is planned for the catchment. ongoing basis that any adverse effects on are both ecologically significant waterways. The Pukaka The major pressures the catchment faces are: water quality resulting from dairy farm Stream catchment has a significant area planted in • E. coli – E. coli is ubiquitous across the landscape, coming conversions will be avoided, remedied or production forest on the higher elevations. Historically the from both rural (farming) and wildfowl sources. Comment on how adequate the planned response is to sufficiently mitigated. They provide the lower elevations of the stream have been significantly • Sedimentation – Sediment is driven by rural practises where stop decline in the catchment… ability to consider all farm management altered through drainage, infilling and channel straightening. riparian vegetation is cleared and/or stock access (sheep The overall aim of the pMEP is to ensure that water practices with the potential to adversely and cattle) leads to stream bank erosion and when quality is maintained and does not get any worse. affect surface or groundwater quality or The status of the catchment under National Objectives production forest is harvested. In 2013, significantly high wetlands and manage these risks in an Framework as defined in the National Policy Framework for turbidity values were recorded on two occasions during integrated way. This also enables the dairy Freshwater is as follows: State of the Environment monitoring for the Tuamarina farmer to progressively plan farm upgrades River. The flood flows in which these high values were based on priority or in the case of new NOF attribute state observed were not unusually large, but they coincided with farms, at the time of establishment. Water Site Name Ammonical Nitrate E. coli large-scale clear-felling of production forest in the Quality Management Plans can be used to Nitrogen Nitrogen catchment. The high percentage of production forest in the support applications for land use consent to Tuamarina A A A -C Pukaka Stream means that this stream and the Wairau convert the use of land to dairying. Nutrient Wairau A A D Diversion downstream is at high risk when harvesting of Management Plans will be required as a Diversion these trees begins. • Loss of habitat – Although much of this is historic, loss of means to demonstrate how nutrient inputs Based on the most recent three annual statistics (data from 2015- native vegetation in the catchment and the drainage of associated with dairy farming are to be 2017 for Ammonical and Nitrate Nitrogen, 2010-2017 for E. coli). wetlands for crop production and farmland continues to be managed to ensure any adverse effects on Council has currently insufficient data for the Periphyton (Trophic an issue. water quality will be avoided, remedied or state) attribute assessment. mitigated. Nutrient Management Plans
Pressure effects on water should be written documents that The future risks incorporate a nutrient budget developed by Ecosystem health is at risk from excess sedimentation, excess an accredited nutrient adviser using nutrients, poor oxygen levels and high temperatures. The OVERSEER® or similar. This should describe amenity values of the streams and creeks within the Blenheim how the major plant nutrients (nitrogen, urban area and wider area are being compromised by excess phosphorus, sulphur and potassium) and any sedimentation resulting in poorer water clarity. other nutrients of importance to specialist crops will be managed (including all sources If the sources of faecal contamination are not dealt with there of nutrient - for example, discharges from is a risk that popular areas of the catchment will become less farm dairy effluent systems, animal and less “swimmable”, due to the need for more frequent discharges and/or atmospheric nitrogen closures. fixation.
Environment Committee - 11 October 2018 - Page 42
The catchment is faced with a much higher risk to human Dairy farm stream crossing initiative health, ecosystem health and community values being heavily The purpose of the stream crossing survey is impacted. to improve water quality in Marlborough’s waterways and to achieve this Council Fixing excess nutrient loadings, bacteria numbers and required the elimination of all places where sedimentation is a long-term exercise. This is why it is so cows walk through waterways. The stream important to do something now, before it really is too late! crossing survey was first established in 2002 which identified crossing locations on all operating dairy farms in Marlborough. The total number of stream crossings has significantly reduced in the Marlborough Region since 2002 from 229 to 21 in 2017.
Environment Committee - 11 October 2018 - Page 43 10. State of the Environment Surface Water Quality Monitoring Report 2018
(Clr Oddie) (Report prepared by Steffi Henkel) E375-001-03
Purpose 1. To present the ‘Surface Water Quality - Monitoring 2018’ report card.
Background 2. As part of the State of the Environment programme, 35 river and stream sites are monitored on a monthly basis. This monitoring consists of field measurements and analysis of samples by an independent laboratory.
3. Of the many parameters measured, nine of the most important to the health of ecosystems and recreational activities are used to report on the state of surface water quality.
4. Reporting is done using the Canadian Water Quality Index (WQI). The WQI is a number between 0 and 100, with higher numbers representing better water quality. Based on the WQI, water quality can also be categorised into the classes. The classes ‘excellent’, ‘good’, ‘fair’ are considered acceptable, while ‘marginal’ and ‘poor’ water quality needs to be improved, where possible.
5. Because water quality changes with the seasons and as a result of rainfall or drought, monitoring results are naturally quite variable. In order to smooth out some of this variability, the calculation of the WQI uses data over a period of three years.
Summary of Results 6. This year’s annual reporting on the state of surface water quality is done in the form of a report card (see Appendix 1). More comprehensive analysis of data, including trend analysis, is carried out every three years and published as a full report. The next full report will be produced in 2019.
7. The report card provides a summary and update on surface water quality. The report card shows the WQI for the period 2015-17 (Figure 2 on the report card).
8. The majority of sites monitored have water quality in the ‘good’ or ‘fair’ categories, but there are also a number of sites with ‘marginal’ or ‘poor’ water quality.
9. The right side of the graph in Figure 2 on the report card shows the parameters causing degraded water quality at the individual sites. Mostly it is a variety of parameters causing some degradation, but for many sites, Soluble Inorganic Nitrogen remains the parameter causing the greatest reduction of the WQI, particularly the springs. The reason is that most Soluble Inorganic Nitrogen in our waterways originates from nitrogen in fertilizer and animal excrements that has been leached to sub-surface flow and groundwater.
10. Another parameter significantly reducing the WQI at some sites is Turbidity. While high Turbidity is natural in some catchments, such as the Awatere and Waihopai, slips caused by recent earthquake are the likely reason for recent increases in Turbidity in the Waima River.
RECOMMENDED That the information be received.
Environment Committee - 11 October 2018 - Page 44
Appendix 1
Environment Committee - 11 October 2018 - Page 45
Environment Committee - 11 October 2018 - Page 46 11. Animal Control Sub-Committee
(Clr Arbuckle) D050-001-A04
1. The minutes of the Animal Control Sub-Committee meeting held on 4 September 2018 are attached for ratification by the Committee.
RECOMMENDED That the minutes of the Animal Control Sub-Committee meeting held on 4 September 2018 be ratified.
Environment Committee - 11 October 2018 - Page 47
Environment Committee - 11 October 2018 - Page 48 Environment Committee - 11 October 2018 - Page 49 Environment Committee - 11 October 2018 - Page 50 Environment Committee - 11 October 2018 - Page 51 Environment Committee - 11 October 2018 - Page 52
Environment Committee - 11 October 2018 - Page 53 12. Environmental Health Activity Summary for 2017/18 and Review of Survey Results
(Clr Taylor) (Report prepared Karen Winter) E350-004-009-02
Purpose 1. The purpose of this report is to provide the Environment Committee with a brief overview of the activities undertaken by the Environmental Health Team for the 2017/18 registration year and detail the results of our customer surveys.
2. Karen Winter will provide a short presentation (10 min) on the activities carried out by the Environmental Health Team over the past financial year and illustrate customer survey results.
Background 3. Environmental Health Group activities include:
• Ensuring all required premises are registered under the Health Act 1956. • Undertake inspections of food premises registered under the Health (Registration of Premises) Regulations 1966. • Register Food businesses under the Food Act 2014 and conduct the verification of those businesses registered with a S39 Template. • Inspect various events and markets for food and alcohol legislation compliance. • Undertake inspections of all other premises registered under the Health Act 1956. • Investigating complaints under the Health Act 1956 and the Marlborough District Council Bylaws. • Perform the role of a Food Safety Officer to investigate complaints under the Food Act 2014. • Investigating complaints of excessive and unreasonable noise pursuant to the Resource Management Act 1991 and Health Act 1956. • Monitoring and enforcement of the provisions of the Sale and Supply of Alcohol Act 2012. • Assessing/granting Class Four Gaming Machine consent applications.
4. The above list is quantified and reported as performance measures under the Annual and Long Term Plans.
Comments Food Premises Inspections under the Food Hygiene Regulations 5. Table of Food Premises Inspections carried out under the Food Hygiene Regulations 1974 for food businesses registered under the Health (Registration of Premises Regulations) 1966:
Number of Food Premises Number of Food Premises Number of Food Premises (Registered under the Health (Registered under the Health Requiring Re-inspection Act) for the 2017/18 Act) Inspected During the During the 2017/18 Registration Year 2017/18 Registration Year Registration Year
114 114 4
Environment Committee - 11 October 2018 - Page 54 6. The Annual Plan 2017/18 performance target is that 100% of registered food premises are inspected at least once per annum. This performance target has been achieved for the 2017/18 year.
7. Inspections of food premises registered under the Health (Registration of Premises) Regulations 1966 are undertaken by Environmental Health Officers to determine if premises comply with prescribed physical and conduct standards in compliance with various statutes and regulations. In addition to looking at the physical components of the premises, the Officer usually sees a food premises in action, so will also inspect operational requirements. Such things include perishable food being stored at the correct temperatures, food preparation areas being suitably cleaned, correct food handling techniques and procedures in place that minimise any food contamination.
8. These premises are given either a Pass, Qualified Pass or Fail inspection result. The definitions of these results are:
PASS: Where the Environmental Health Officer is satisfied that the operator is substantially complying with requirements. QUALIFIED PASS: Where the Environmental Health Officer is satisfied that the operator is substantially complying with requirements, however some practices and/or requisitions have been identified which require attention. FAIL: Where the Environmental Health Officer has determined that the operator is not in substantial compliance with regulatory requirements. Identified practices and/or requisitions are a food safety concern and require immediate attention.
9. Premises that receive a Fail result are re-inspected to ensure compliance and may be placed on a monthly or quarterly inspection regime to ensure ongoing compliance.
Verification of Registrations under the Food Act 2014 10. The second year of transition of our food premises to the Food Act 2014 is now complete with all businesses transitioned that were required to do so.
11. A verification is carried out for operators and premises who have registered a template Food Control Plan under the Food Act 2014. This requires verifiers (Environmental Health Officers) to check that the operator has completed their Food Control Plan and the associated recording requirements. It also involves a check of the premises to ensure the business is operating in accordance with their documented Plan.
12. Council’s Environmental Health Officers conducted 230 verifications of businesses registered under the Food Act 2014 in the 2017/18 registration year.
13. During verifications, requirements of the Plan are assessed and given a result of conforming, non-conforming or non-compliant.
14. Corrective Action Requests (CARs) are provided for any improvement required. Timeframes are given for the improvements to be completed.
15. Overall outcomes for a verification are either acceptable or non-acceptable. These outcomes result in changes for the operator’s verification schedule. A business that has received two consecutive acceptable verification outcomes is verified less often, however, an un-acceptable verification outcome results in more frequent verification.
Environment Committee - 11 October 2018 - Page 55 Inspections of Other Premises 16. Environmental Health Officers also carry out an annual inspection of all Hairdressers, Funeral Directors, Offensive Trade operators and Camping Grounds which are required to be registered under the Health Act 1956.
Number of Number of Funeral Number of Offensive Number of Camping Hairdressers Directors Registered Trades Registered Grounds Registered Registered and and Inspected and Inspected and Inspected Inspected During During the 2017/18 During the 2017/18 During the 2017/18 the 2017/18 Registration Year Registration Year Registration Year Registration Year
52 2 12 26
17. The Annual Plan 2017/18 performance target is that 100% of other registered premises are inspected at least once per annum. This performance target has been achieved for the 2017/18 year.
Market Inspections 18. The Annual Plan 2017/2018 performance target is for 12 or more market and events to be inspected annually. This performance target has been exceeded for the 2017/18 year with 15 inspected.
Complaints 19. The Environmental Health Team investigates complaints regarding food and food premises, along with nuisances under the Marlborough District Council Bylaws, Unreasonable Noise, Sale of Alcohol concerns and unsanitary housing.
20. Complaints received from 1 July 2017 to 30 June 2018:
Food hygiene or concern regarding premises operation 31
Sale of alcohol issues 7
Hairdressers conduct and registration issues 1
Camping ground non registration and hygiene concern 5
Nuisance under the Bylaw or contravention of Bylaw 14
Domestic smoke 21
Excessive noise 876
Unreasonable noise 16
Unsanitary living 8
Alcohol 21. In 2017/2018 Environmental Health Officers carried out 114 compliance checks of the 121 on-licensed premises selling alcohol. This includes checking a duty manager is on site, availability of free water, no-alcohol and low-alcohol drinks, food availability, transport options and signage.
Environment Committee - 11 October 2018 - Page 56 22. The Licensing Inspectors, in the 2017/2018 registration year have a performance measure of checking compliance for 90% of on-licensed premises with the Sale and Supply of Alcohol Act 2012. This target has been met in the 2017/2018 year.
23. Licensing Inspectors in conjunction with the Blenheim Policing Team carried out 3 Controlled Purchase Operations (CPO) in the period of 1 July 2017 to 30 June 2018. These operations use volunteers to test licensed operators on whether they will sell to persons under the legal purchase age. One premises sold to a minor during one CPO in December 2017, subsequently the licensee and manager on duty are being brought before the Alcohol Regulatory and Licensing Authority (ARLA). The hearing for this failure is still to be scheduled by ARLA.
Survey Results 24. A survey has been undertaken in the 2017/18 registration year.
25. Surveys are sent to our registered operators following the registration renewal process and after inspection or verification of the operator/premises.
26. Within the survey, questions are asked around the process, how easy the documents were to follow, and the performance of the Environmental Health Team.
27. The survey information is used to help improve our systems and communication with our customers.
28. Survey responses are given on a scale of 1-10 with 10 being the option for most satisfied. The complete surveys and results are included in the Information Package.
29. 37 responses were received on our registration process survey and the overall mean result for satisfaction with the Environmental Health Team was 8.59 out of 10. This was slightly down on our result from the previous year of 9.24. The survey indicated that the registration forms were clear and able to be easily understood and the only negative comments were around unregistered camping grounds and fees in general.
30. 48 responses were received on the Food Act verification survey with the overall mean result for satisfaction with the Environmental Health Team as 9.72 out of 10. This is an increase from a score of 9.14 for the previous year.
31. We received 24 responses to our Health Act inspection survey and the overall mean result for satisfaction with the Environmental Health Team was 9.57 out of 10. Again this was an increase from the previous year result of 9.1.
Summary 32. The Environmental Health Team continues to work towards ensuring the residents of Marlborough and visitors to the district have confidence that they live and stay in an environment that is safe.
33. Quality of inspections and audits is managed through consistency by the inspectors and on-going professional development.
34. The Environmental Health Team has achieved their performance targets for the 2017/2018 year.
35. Survey results reflect a customer focus of the Environmental Health team, the ease of processes uses and the positive relationships that have been built with our customers.
RECOMMENDED That the information be received.
Environment Committee - 11 October 2018 - Page 57 13. Winery Wastewater and Grape Marc Monitoring Report
(Clr Hook) (Report prepared by Rachel Neal) E360-006-02
Purpose 1. The purpose of this report is to inform Council of the Compliance Group’s ongoing monitoring of the discharge of winery wastewater and grape marc to land for the period 1 June 2017 – 31 May 2018.
2. Rachel Neal will provide a short presentation on winery wastewater and grape marc monitoring (10 minutes).
Background 3. Council has been monitoring the land application of winery wastewater annually since 1999 with reports being produced since 2005.
4. The 2018 New Zealand Winegrowers Annual Report indicates that nationally the 2018 harvest of 419,000 tonnes was up 6% on the 396,000 tonnes crushed in 2017. The value of New Zealand wine exports grew a further 2.5% to reach a new record of $1.7 billion this year.
5. In 2018 Marlborough had a 74.7% proportion of the grapes harvested in New Zealand (a decrease from 79.1% in 2017); with 26,007 producing hectares (up from 25,135 producing hectares in 2017) and a total of 313,038 tonnes processed (up from 302,396 tonnes in 2017).
6. Liquid waste from the winemaking process predominantly consists of water used for cleaning floors, equipment, fermentation tanks and barrels. Liquid waste is typically seasonal in nature, with the greatest volume generated at vintage time.
7. Winery wastewater can contain some constituents that are an environmental concern. Poor management of the land application of winery wastewater can lead to contamination of surface and ground water and adversely affect soil and plant health.
8. Grape marc is the solid end product once grapes have been pressed for juice. It contains seeds, stems, skins and pulp. In 2018 an estimated 46,000 tonnes of grape marc was produced by Marlborough wineries (up from an estimated 45,400 tonnes in 2017).
Where monitoring was undertaken 9. There are thirty-eight wineries in Marlborough that discharge winery wastewater to land. Thirty-two wineries are located in the Wairau Plains, one is located north of Blenheim and five are located in the Awatere area. For the 2017/2018 monitoring period twenty-four wineries were inspected.
10. The wineries within the Riverlands and Cloudy Bay industrial zones that discharge directly to trade waste and three wineries in the rural zone that have their wastewater taken offsite were not monitored for this monitoring period.
11. This year the wineries located within the industrial zones were sent a survey which required them to provide information in regard to the quantity of grape marc produced and how it is disposed of. Spot checks of the stormwater drains within the industrial zones were also checked to ensure no waste products were entering the drainage network.
Proposed Marlborough Environment Plan 12. On 9 June 2016, Marlborough District Council notified the Proposed Marlborough Environment Plan (PMEP). The rules for the discharge of liquid and solid agricultural waste had immediate legal effect. This year compliance was assessed against the PMEP discharge rules.
Environment Committee - 11 October 2018 - Page 58 13. The PMEP expands on the Wairau/Awatere Resource Management Plan (WARMP) permitted activity standards and contains some new permitted activity standards for the discharge of liquid and solid agricultural waste to land.
14. The PMEP outlines that the discharge must not occur within 50 metres of a bore, unless the bore intercepts the confined layer of Riverlands FMU or the confined layer of the Wairau Aquifer FMU. There are five wineries that have a bore located within 50 metres of their discharge area. The PMEP states that the discharge of agricultural waste, making or compost/storage of agricultural waste and storage of compost must not occur within a Soil Sensitive Area. There are eight wineries that have discharge areas or compost pads within a Soil Sensitive Area.
15. The wineries that have discharge areas or compost pads within 50 metres of a bore or within a Soil Sensitive Area will need to apply for resource consent which will assess the environmental effects and determine what measures need to be put in place for the discharge to continue. As the discharge areas and compost pads were established as a permitted activity under the WARMP, section 20A of the Resource Management Act 1991 (RMA) applies which provides the wineries existing use rights that allow them to legally continue the discharge provided the effects are similar in character, intensity and scale until the PMEP becomes fully operative. Once the PMEP is operative resource consent will need to be applied for within six months of the PMEP being operative.
How monitoring was undertaken 16. The thirty-eight wineries that discharge wastewater to land were monitored according to resource consent conditions and/or the permitted activities standards under the PMEP and Wairau Awatere Resource Management Plan (WARMP). Inspection templates were forwarded to wineries prior to vintage highlighting what information and records are required from them to demonstrate compliance with resource consent conditions and/or PMEP permitted activity standards. 17. There are currently twenty four wineries assessed under the permitted activity standards and fourteen wineries assessed under resource consent. 18. Twenty-four wineries had an annual wastewater onsite inspection during harvest 2018. Wineries operating under the permitted activity standards with small production volumes (less than 2,000 tonnes), no previous onsite compliance issues and no changes to their wastewater system did not have an onsite inspection in 2018. 19. Resource consent conditions for discharge of winery wastewater to land are imposed based on the individual wastewater system and local environments; therefore, conditions vary for each winery. Fourteen wineries are required to undertake annual soil sampling as part of their resource consent conditions (two wineries undertake sampling every two years) to assess what effect the application of wastewater is having on soil properties. 20. The PMEP permitted activity standards for discharge of winery wastewater include: pH level parameters; nitrogen loading to the land; no ponding or anaerobic soil conditions; buffer zones to boundaries, water bodies and bores; no use of a high rate discharge system onto land with a slope greater than 7 degrees; and no discharges into surface water bodies or within a soil sensitive area. 21. The grape marc storage at the wineries was inspected. Additional monitoring was also undertaken for the wineries that compost and/or spread grape marc directly to land to ensure appropriate location, leachate collection and compliance with the PMEP standards. 22. A traffic light system was continued to be used for the fifth year to determine the compliance with consent conditions or the permitted activity plan rule. This year the compliance rating schedule has been updated to align with the rating schedule used for all monitoring programs. Conditions or rules were assessed as:
Green are compliant and no action is required; Yellow are technically non-compliant for minor breaches with no-adverse environmental effects; Orange are non-compliant where corrective or remedial action(s) may be required; and Red are significantly non-compliant, where a persistent or significant breach has occurred.
Environment Committee - 11 October 2018 - Page 59 Monitoring results 23. Thirty-five wineries submitted information (e.g. annual reports, wastewater and/or soil sample results) and data (e.g. records of daily wastewater volumes, discharge dates, disposal area sizes, pH) to demonstrate compliance. Follow up was required with some wineries in order to clarify the information and/or data provided. Three wineries are required to submit their 2018 harvest information at a later date and therefore are not included in this report.
24. There is a large range in processing capacity from the smallest rural winery which crushed 22 tonnes, to one of the largest rural wineries which processed just over 32,000 tonnes.
25. This year two wineries (6%) operating under resource consent and twelve wineries (35%) operating under the permitted activity standards were assessed as compliant. Six wineries (16%) operating under resource consent and seven wineries (20%) operating under the permitted activity standards were assessed as non-compliant.
26. Overall this year fourteen (40%) wineries (up from twelve (33.3%) in 2017 and eight (23.5%) wineries in 2016) were fully compliant with all conditions or rules and were assessed as compliant. Eight (23%) wineries (up from one winery in 2017) were assessed as technically non-compliant. Thirteen (37%) wineries were assessed as non-compliant. Seven of these wineries (20%) had only one condition or rule assessed as non-compliant (down from ten in 2017) and six wineries (17%) had two or more conditions or rules assessed as non-compliant (down from ten in 2017). No wineries were assessed as significantly non-compliant.
27. The most common area of non-compliance for this monitoring period was exceeding the permitted range on one or more occasions for pH (eight wineries). Other breaches included the discharge/storage of grape marc being within a Soil Sensitive Area (seven wineries), minor and substantial ponding (six wineries), exceeding discharge rate, nitrogen loading exceedance, odour crossing property boundary and operating without a resource consent.
28. There were three occurrences of ponding observed during the harvest inspections in 2018. The three wineries all took the required corrective actions to ensure the area was rested and ponding subsided prior to further application.
29. It is noted that one of the main areas of non-compliance was the discharge within a Soil Sensitive Area which is a new rule that was not previously a requirement under the WAMRP. Two wineries obtained resource consent for their discharge to continue within a soil sensitive area prior to the 2018 harvest period.
30. During the winery inspections officers make inquiries with wineries as to where their grape marc is disposed of. Inspections at the wineries during vintage did not identify significant discharge issues, problems with leachate collection and/or odour from their onsite grape marc piles. Ten wineries compost their grape marc on site and then spread it under vines as a soil conditioner. Ten wineries spread their grape marc directly to land. Fifteen wineries have their grape marc transported offsite for compost, stockpiling and/or stock feed.
31. Prior to the 2018 vintage Council provided the PMEP rules and information in regards to the storage of grape marc to industry groups and the wineries. This has helped to raise awareness of the need to responsibly manage grape marc. Council has received a number of queries from wineries in regards to legal requirements for grape marc.
Future activities 32. For the 2018/2019 season Council will continue to focus on education about the criteria required for consent conditions, plan rule standards and achieving compliance. This is to ensure accurate data and records are provided to Council to demonstrate compliance and avoid any adverse effects from winery discharges.
33. For the 2019 vintage the wineries will continue to be monitored and site visits will be conducted based on the size and compliance history of the wineries.
Environment Committee - 11 October 2018 - Page 60 Comments 34. Industry has responded positively to the traffic light rating system reporting that provides a clear visual picture of their compliance status.
35. Based on the information provided to date for Council’s compliance reports for the 2017/2018 season, some wineries still need improved record keeping for the entire reporting period.
36. One main area of non-compliance, the discharge within a Soil Sensitive Area, is a new rule that was not previously a permitted activity requirement under the WARMP.
37. Grape marc is an industry issue which requires careful management to ensure that there are no adverse environmental effects. Overall an improved management and awareness of grape marc storage was noted in the 2018 vintage year.
Summary 38. The Compliance Group is continuing to take a proactive and constructive partnership approach to monitoring the discharge of winery wastewater and grape marc with education, relationship building and graduated enforcement when required with the key objective being the mitigation of adverse environmental effects.
RECOMMENDED That the information be received.
Environment Committee - 11 October 2018 - Page 61
Environment Committee - 11 October 2018 - Page 62
Environment Committee - 11 October 2018 - Page 63 14. Wairau River Safety
(Clr Oddie) Report prepared by Jan Eveleens H100-005-18
Purpose 1. This report provides an update on the work of the working group developing a safety plan for the Wairau River below the SH1 bridge.
Background 2. In the April 2018 enviro committee meeting the Council was informed of concerns about navigation safety on the lower Wairau River.
3. The Harbourmasters office called a meeting with representatives of user groups to discuss the concerns and find a way to address these.
4. In 2007 a draft “Wairau River Navigation Safety Management Plan was produced by Maritime New Zealand, however it stayed a draft.
5. The jurisdiction of the Harbourmaster does not include the rivers.
• However changes in the MTA make it possible for the Council to enforce MR Rule 91. • This also puts an obligation on the Council to be involved with the safety on the river.
6. A smaller working group was formed and this held several meetings at the Blenheim Rowing club venue. 7. MNZ has provided $5000 funding for this work. • The working group is consulting with Maritime New Zealand.
8. The scope of the work is only the safety of river users, and mainly centered around
• Designating area’s for different user groups and • Maximum speeds.
9. Personal Water Craft (jetskis) are giving the greatest concern. • Ideally these should have their own designated area. • Possibly elsewhere in Marlborough, where they do not disrupt other river users.
10. A possible solution would be a dedicated launching area on the river at the end of Eckfords Road, at the site of an old rowing shed. Legal issues here are being investigated. 11. Consultation also took place about ecological concerns. Environmental advice from within MDC has identified concerns regarding the spawning season for Inanga, in February to April. 12. A sign has been designed with the agreed restrictions with notes about the Whitebait and Inanga spawning seasons, and an information brochure is planned. 13. This work can be seen as part of the greater Water Safety campaign by SAS@TT
Summary 14. A working group agreed on designated area’s and speed restrictions for different users groups on the lower Wairau River, and designed a sign for display at launching sites.
RECOMMENDED That this information be received.
Environment Committee - 11 October 2018 - Page 64 15. Water-Ski Lanes in the Marlborough Sounds
(Clr Oddie) (Report prepared by Luke Grogan) H100-002-07
Purpose 1. The purpose of this report is to inform the Committee on matters pertaining to water-ski lanes in the Marlborough Sounds. Matters covered include;
• General information about water-ski lanes and their use in the Marlborough Sounds. • An update on progress toward re-opening the Ngakuta Bay water-ski access lane. • A proposal for a new water-ski access lane in the Pelorus Sound/Te Hoiere.
Background 2. Designated water-ski access lanes allow vessels towing skiers, wakeboarders and sea-biscuits to transit at high speed between the shore and open waters where no speed restrictions apply.
3. Provision for the establishment of access lanes is given under New Zealand Maritime Rule Part 91 and in the Navigation Safety Bylaws 2009. Part 3.6.1 of the 2009 Navigation Safety Bylaws states;
“The Council may, from time to time, by public notice, declare that a specific area of the harbour shall be an access lane for the purpose of high speed access to and from the shore.”
4. The lanes are marked as required under the Maritime Rule and are generally wide enough that one inbound and one outbound vessel towing a skier can operate at the same time.
5. It should be noted that only vessels engaged in water-skiing activities can enjoy the benefits of a water-ski access lane. Boats not engaged in water-skiing are not able to operate at high speed within the lanes.
6. The navigation safety bylaws prescribe the required conduct of vessels within access lanes as demonstrated in the following cruise guide video. http://www.cruiseguide.co.nz/marlborough- sounds/boating-and-navigation/water-skiing/
7. Six water-ski access lanes exist in the Queen Charlotte Sound/Tōtaranui and one is in place in the Kenepuru Sound. Most lanes are heavily used over the summer periods.
8. The frequent patronage of these lanes indicates willingness among the water-skiers to comply with the regulations. However, harbour patrol skippers have reported a low level of understanding among boaties as to the conduct required in access lanes. This observation applies to water-skiing and non-skiing boating groups alike.
9. Initiatives such as the MDC Tides and Navigation Brochure and the Cruiseguide animated video reflect efforts to improve understanding around the use of water-ski access lanes. These efforts have been well received but concerns remain.
10. The 2018/19 patrol season will focus heavily on educating the boaties about the conduct required in water-ski access lanes. It is expected that this will be the core work of the Jet Ski patrol vehicle being provided on loan by the Bay of Plenty Harbourmaster.
Ngakuta Bay 11. The Ngakuta Bay water-ski access lane was temporarily closed by the Harbourmaster in October 2017 due to ongoing navigation safety concerns. These concerns primarily related to low levels of compliance with the speed Bylaw.
Environment Committee - 11 October 2018 - Page 65 12. These concerns were raised by members of the Ngakuta Bay Boating Club and the Harbourmasters patrol skippers.
13. Non-compliance with the speed bylaw in Ngakuta Bay created significant maritime safety risk due to the following factors;
• Ngakuta Bay is a popular recreational area in summer with high levels of on water activity. • Multiple user groups use the Bay including swimmers, kayakers, fishers, powerboats, jet-skis and family groups. • The bay contains a significant number of swing moorings, two jetties, a swim raft, boat ramp, recreational reserve, toilet block, road access, parking areas. • The majority of activity occurs in small and often congested area i.e. near the boat ramp and beach area. • There is no clear spatial delineation for specific activities. • There has been a significant increase in the speed and power of common recreational craft since the lane was installed (circa 50 years ago).
14. The closure of the ski lane was considered as the most immediate and effective measure available to reduce navigation safety risk in Ngakuta Bay. Specifically, closure of the lane was intended to;
• Reduce the complexity of speed regulations applicable to the bay • Enable speed regulation messaging to focus solely on the 5 knot rule and avoid the confusion of a water-ski access lanes • Provided space to more easily separate and delineate activity areas such as swimming only and 5 knot areas.
15. Consultation with a local community group and information from Patrol Skippers suggested the lane was not well utilised and would provide a ‘quick win’ for navigation safety in the Bay.
16. Temporary removal of the access lane had proven to be a successful risk mitigation strategy for the Scout Jamboree in 2016.
17. Following the removal of the access lane a large community of water-skiers who actively use the access-lane in Ngakuta Bay made the Harbourmaster aware of their discontent at the decision to remove the lane. A significant amount of evidence was provided to the Harbourmaster to indicate that the access lane has extremely high amenity value for many people.
18. Further analysis by the Harbourmaster of navigation safety pertaining to the access lane identified the following concerns;
• The purpose and function of the access lane was not well understood • The lane is commonly used for purposes for which it was not intended • The existence of lane likely encourages unintentional non-compliance with the speed bylaw • The existence of the ski lane implies the Council has assessed the area as safe area for water-skiing however, the lane appeared to be creating an increased risk for skiers • The ski access lane is unusually long extending some 400 metres offshore • The lane has historically been incorrectly marked on the water and in Council records • The lane was too narrow for two-way traffic • The lane was funnelling skiers and fast moving vessel traffic into a pinch point in the bay
19. As a result of the above analysis the Harbourmaster resisted calls to reopen the lane until proper risk assessment could be undertaken.
Environment Committee - 11 October 2018 - Page 66 20. The Ngakuta Bay Community Association and the Ngakuta Bay Boating Club were proactive in engaging positively with the Harbourmaster to address the relevant issues and themes.
21. In April 2018, Mike Pearson of GBT International was appointed by the Harbourmaster to;
a) Independently asses and evaluate navigation safety risk in Ngakuta Bay with specific consideration of water-skiing and water-skiing related activity in the area.
b) Recommend locations and provide specifications for a water-ski access lane in Ngakuta Bay (if achievable). The access lane needed to meet the needs of the community and enable water-skiing and water-skiing related activity to be undertaken safely.
c) Give consideration to the need or otherwise to create a water-skiing area within the sheltered confines of the bay and in a location visible from the shore.
d) Communicate all findings in a clear and concise report that could assist best practice decision making for the provision of safe water-skiing facilities in the Marlborough Sounds.
22. The work was completed in May 2018 and a copy of the resulting report is included within the information package.
23. The Harbourmaster is now confident that the Ngakuta Bay water-ski access lane can be re-established. However, in the interest of navigation safety the following risk mitigations will be put in place.
• The direction of the ski lane will be adjusted toward the east • Two moorings within the bay will be relocated • The perimeter of the ski lane will be marked will additional buoyage • A reserved area will be established in the Bay in which water-skiing activity may be undertaken within 200 metres of the shore • New signage indicating the ski lane extents and describing its use and function will be provided on the foreshore • Brochures advising of the change will be published by the Harbourmaster and the Ngakuta Bay Community Association has offered to assist with promulgating this material • Harbour patrol will visit the area with increased frequency to educate users as to the proper use of the ski lane
24. A schematic of the revised water-ski access lane and the proposed reserved area is included in the info pack.
25. In due course the Harbourmaster will propose the temporary establishment of a reserved area for water-sking in the bay, however, the re-establishment of the lane is not contingent on the creation of this reserved area.
Kenepuru Sound 26. In April of 2018 a request was received by the Harbourmaster from the Kenepuru Residents Association to have a water-ski access lane installed off Double Bay beach.
27. The Harbourmaster is aware that water-skiing activity occurs in the proposed area from time to time as it offers shelter in north westerly wind conditions and can often be less congested than the Te Mahia ski lane in mid-summer.
28. At present, much of the water-skiing activity occurring in the proposed area constitutes a breach of the navigation safety bylaws.
Environment Committee - 11 October 2018 - Page 67 29. Double Bay beach forms part of the Ferndale Reserve and is administered by the Department of Conservation. There is a DOC campsite located nearby and the sandy beach and local walking tracks make it a popular recreational site.
30. DOC raised a number of valid navigation safety concerns with the proposal and helpfully suggested some alternative locations nearby.
31. The Kenepuru Residents Association is now intending to consult directly Iwi and with DOC in the interest of identifying a suitable site for a water-ski access lane.
32. Assuming agreement is reached as to a suitable location for the ski lane, the Harbourmaster is confident that sufficient risk mitigation measures are available to ensure any such lane meets the required navigation safety standards.
33. The specific risk mitigation strategies employed will depend on the final selected location of the lane and will align with the recommendations of best practice as outlined in the GBT risk report.
Summary 34. There is a need to increase education campaigns around the conduct of vessels in water-ski access lanes.
39. The Ngakuta Bay Ski lane was closed by the Harbourmaster in October 2017 due to navigation safety concerns.
40. The community has since made the value of the lane known to the Harbourmaster and the Ngakuta Bay Community Association has worked closely with the Harbourmaster to address the navigation safety concerns.
41. The Harbourmaster is confident that a water-ski lane can be re-established in Ngakuta Bay if a selection of mitigation strategies as identified in the GBT International Risk Assessment are applied.
42. The Kenepuru Residents Association is engaging with Iwi and DOC to determine a location for a new ski lane in Kenepuru Sound.
RECOMMENDED That the information be received.
Environment Committee - 11 October 2018 - Page 68 16. Road Name Request - Waikawa
(Clr Brooks) (Report prepared by Ian Sutherland) U180367M
Introduction 1. Resource consent is currently being sought for a seven lot residential subdivision of land situated at 321, 323 and 325 Waikawa Road in Waikawa. This land is located between Waikawa Road and the foreshore, as shown below, and includes the old Jorgensen Boatyard site. A large jetty is located in Waikawa Bay adjacent to the site.
2. The scheme plan for the proposed subdivision is appended. It shows the proposed new private right of way which is to be created to service Lots 1 to 6. Lot 7 will obtain access directly to Waikawa Road.
3. New Zealand Standard AS/NZS 4819:2011 requires addressing to be provided to any road or right of way that serves six or more properties, meaning that the right of way requires a road name. We have checked with Land Information New Zealand (LINZ) as to whether this requirement could be exempt because Lot 1 will also directly front Waikawa Road, however LINZ has confirmed that a road name is still required for the addressing of Lots 1 to 6.
Proposal 4. Greg Corrigan as owner of OK.Fish Marlborough Limited (the developer of the subdivision) has proposed the following five suggestions for naming of the two right of way, including their background:
a) Whaitere - This is a Maori saying for an enchanted stingray.
b) Whai - This is a Maori word for stingray or skate. Stingrays are common in this bay, particularly under the jetty fronting the property.
c) Jamie Joseph - He is a well-known sportsman and Marlburian with family and connections to Waikawa Bay and Port Underwood.
Environment Committee - 11 October 2018 - Page 69 d) Patutuki - This is a Maori word for blue cod which are synonymous with the Sounds.
Consultation 5. These names were circulated by Council to all iwi, local historians and Marlborough Roads for comment.
6. A reply was received from Te Ātiawa who advised that two of the names are seen as being suitable and acceptable.
a) Their first preference is Whaitere; as well as having local resonance, it is also more easily pronounced.
b) Their second preference is Patutuki.
7. Comment was also received from John Orchard from Marlborough Museum. Mr Orchard thinks that rather than using the names of historic people or events for this short road, it would be better to use those another time for something more substantial. He also thinks that it is nice to see more Maori names being suggested. He favours either Whaitere Lane or Patutuki Lane.
8. No comments were received from anyone else.
Evaluation Against Road Naming Policy 9. The following are relevant matters from the new Road Naming and Addressing Policy (approved by Council in 2017).
10. The name should reflect one of the following:
a) Common or established theme • Where more than one road is being created a common theme is required. • If a naming theme is already established in the area then the names should remain consistent with that theme. b) Historical person or event c) Traditional or appropriate Māori name
11. The existing road names in Waikawa reflect a mixture of themes, with the closest roads to the site being named Waikawa Road, Waimarama Street, Moana View Road, Beach Road, Nautique Place, Finlay Grove, Authur Crescent, Amelia Crescent and Cook Ridge.
12. There is no consistent theme of road names in the area, so there is no conflict with item (a) of the policy.
13. Jamie Joseph is a notable and recognisable person with the community, particularly with his involvement in rugby. However the policy requires the written approval of the person nominated, and this has not been provided. This name should therefore be discounted.
14. I do not think that the developer, Mr Corrigan, would fall under the same category as a notable person and he has not owned the property long enough to have any significant associated to the area. This name should therefore also be discounted.
15. Both iwi and Mr Orchard agree that the two names Whaitere or Patutuki are appropriate Maori names and these two names therefore best meet this important part of the policy.
Environment Committee - 11 October 2018 - Page 70 16. Duplication: (That duplication of names not be allowed where the same or similar name occurs within the Marlborough District.)
a) There is already a Joseph Street in Spring Creek, so that option would result in a duplication which perhaps should be avoided.
b) There is a Patuki Road located at the northern tip of Rangitoto Ki Te Tonga/D'Urville Island, however the spelling is slightly different to the proposed Patutuki and the locations are so far apart that confusion between the two would be unlikely. Patuki is the Maori verb to strike, knock, beat or assault, so the meaning between the two words is also significantly different.
17. Length of Names: (That names to be short (as a guide - 15 characters or less), single words, which are readily pronounced and spelt to satisfy the requirements of emergency services and chosen in proportion to the length of the road.)
a) The proposed names, depending on the suffix type used, should all be less than 15 characters. Whai is the shortest name and would fit this requirement best, however it is not one of the favoured names of Te Ātiawa. b) Mr Orchard has helpfully provided some guidance on the correct pronunciation of Patutuki as being Pa tu tu key (not Pa tu tu kai) and thinks that there should not be a problem pronouncing Whaitere now that locals are used to the pronunciation of the ferry Aratere.
18. Road Type: (That road type terms be used in circumstances appropriate to the physical situation with the definitions acting as a guide). There are several types from standards AS/NZS 4818:2011 that would be appropriate, these being:
Close: Short, enclosed roadway. Court: Short, enclosed roadway. Grove: Roadway that features a group of trees standing together. Lane: Narrow way between walls, buildings or narrow country or city roadway. Place: Short, sometimes narrow, enclosed roadway. Road: Open way or public passage primarily for vehicles. Retreat: Roadway forming a place of seclusion. Street: Public roadway in a town, city or urban area, especially a paved thoroughfare with footpaths and building son long one or both sides.
a) As this is a private right of way, I believe it best to avoid using Road or Street as those indicate some public ownership.
b) The most appropriate type prefixes in this particularly situation in my opinion would be Close, Court or Place.
Conclusion 19. There is strong preference from Te Ātiawa and Marlborough Museum for the name Whaitere or alternatively Patutuki to be used and I support this as these names also best meet the requirements of the policy.
20. A road type Place seems to sound better with either name and complies with the standards, although Close or Court would also be suitable.
RECOMMENDED 1. That the information be received. 2. That the right of way upon creation be either named “Whaitere Place” or “Patutuki Place”.
Environment Committee - 11 October 2018 - Page 71
Environment Committee - 11 October 2018 - Page 72 17. Road Name Request - Grovetown
(Clr Brooks) (Report prepared by Ian Sutherland) U180122M
Introduction 1. A fifteen residential lot subdivision has recently been approved at Grovetown and will involve the creation of two private rights of way to provide legal and physical access to Vickerman Street. Each right of way will serve six lots.
2. A plan of the subdivision showing the two new private rights of way is appended.
3. New Zealand Standard AS/NZS 4819:2011 requires addressing to be provided to any road or right of way that serves six or more properties, meaning that the right of way requires a road name.
Proposal 4. The developer of the subdivision, David Price from DJ Price Limited, initially presented the following suggestions for naming of the two privates roads:
a) Northern right of way • Herd (1st choice), or • Cheesman (2nd choice) b) Southern right of way • Gibbons (1st choice), or • Millard (2nd choice)
5. The background of the names is as follows:
a) P J Herd was the developer’s great grandfather who used to own a large area of land south of the school many years ago when Grovetown was known as Big Bush. P J Herd was a son of David Herd, who grew the first commercial vineyard in Marlborough on his land, Auntsfield, Fairhall. David Herd is memorialised by a bronze sculpture at the entrance to the Marlborough airport terminal. The developer’s grandfather, Felix Herd, who was over 100 years old, died only a few years ago, and lived in Grovetown most of his life. The developer is retaining Lot 6 which will use the northern right of way.
b) The Gibbons family name also goes back a long way in Grovetown. John W Gibbons owned the upholstery workshop that was situated at 71 Vickerman Street (Lot 1 DP 2831), which is directly adjacent to the southern right of way of the proposed subdivision. The titles show that the Gibbons family owned that property between 1958 and 2015. John was also involved with the Wairau Rowing Club for many years.
c) Millard and Cheesman are also the names of early families from the Grovetown area and, along with Gibbons and Herd, are among the many recorded in a book published about the history of Grovetown School to celebrate its 150th year, in 2016.
Consultation 6. The developer had initially proposed the names Fantail, Tui, Grove and Lagoon as options, and these were circulated by Council to all iwi, local historians and Marlborough Roads for comment.
7. A reply was received from Te Ātiawa, however they just noted that the site is outside of their rohe and therefore had no comment.
Environment Committee - 11 October 2018 - Page 73 8. Comment was also received from John Orchard from Marlborough Museum. Mr Orchard suggested that “One could make a case for some more historic names being used in this area...”
9. This suggestion, and the fact that several of the names are already in use in Marlborough, lead the developer to reconsider the name options and the new names have been subsequently proposed.
10. The Road Naming Policy requires the person or descendants to provide their support for their family names to be put forward for consideration by Council.
a) Herd - As mentioned earlier the applicant is a descendant of P J Herd.
b) Gibbons - John W Gibbons himself confirms the long association the family has had with the district and is pleased that this permanent record of their name could be recognised in this manner.
c) Millard - Ruth Simonsen (nee Millard) is the great granddaughter of Walter Millard who settled in Grovetown, as did her grandfather Walter ‘Wock’ Millard. Ruth has confirmed that they would also be pleased to have a permanent record of their name in the region.
d) Cheesman - Despite a reasonable search, we have been unable to find any contacts for the Cheesman family from the Grovetown area still residing in Marlborough.
Evaluation Against Road Naming Policy 11. The following are relevant matters from the new Road Naming and Addressing Policy (approved by Council in 2017).
12. The name should reflect one of the following:
a) Common or established theme • Where more than one road is being created a common theme is required. • If a naming theme is already established in the area then the names should remain consistent with that theme. b) Historical person or event • The name of a notable person or event should have a local association with the area. c) Traditional or appropriate Māori name
13. The existing road names in Grovetown are Vickerman, Fell, Humffrey, Robinson, Elliot, Grantham, Tytler and Stafford Streets. These are all most likely based on European names or early settlers to the area. I have sought some clarification of this from the Marlborough Museum, but they have been unable to confirm that as yet.
14. Looking at the proposed names, they are of persons or families that have had an association with the local area, particularly Herd and Gibbons. These names will most likely also be consistent with the existing road names in Grovetown if those were also based on early settlers to the area.
15. Support from the person or descendants from these names has been obtained from the Herd, Gibbons and Millard families, however a search for the family of Cheesman was unsuccessful.
16. Duplication: (That duplication of names not be allowed where the same or similar name occurs within the Marlborough District.) • There are no other road names that are the same or similar these in Marlborough.
17. Length of Names: (That names to be short (as a guide - 15 characters or less), single words, which are readily pronounced and spelt to satisfy the requirements of emergency services and chosen in proportion to the length of the road.)
Environment Committee - 11 October 2018 - Page 74 • The proposed names easily comply with this requirement.
18. Road Type: (That road type terms be used in circumstances appropriate to the physical situation with the definitions acting as a guide). There are several types from standards AS/NZS 4818:2011 that would be appropriate, these being:
Close: Short, enclosed roadway. Court: Short, enclosed roadway. Grove: Roadway that features a group of trees standing together. Place: Short, sometimes narrow, enclosed roadway. Road: Open way or public passage primarily for vehicles. Retreat: Roadway forming a place of seclusion. Street: Public roadway in a town, city or urban area, especially a paved thoroughfare with footpaths and building son long one or both sides.
a) All of the other roads in Grovetown are called ‘Street’. However they are all public roads, so to perhaps help people to understand that these two roads are not public roads, it might be best to use a different type of suffix than ‘Street’ or ‘Road’.
b) The northern right of way serves four lots that adjoin a significant wetland that is surrounded by a very attractive group of trees. The type ‘Grove’ might be appropriate and worth considering in this instance. Being located in ‘Grovetown’ this might also provide a nice name linkage, but also may result in some confusion. Unfortunately the southern right of way does not have any stand of trees, so this possibly eliminates the use of Grove for both names if a consistent use of this suffix was desired.
c) If the same suffix was preferred for both rights of way, the simple and safe option would be to use either Close, Court or Place.
Conclusion 19. All of the proposed names comply in all respects with the new road name policy and appear to be consistent with the road names already used in the Grovetown area, particularly the developers first choice names of Herd and Gibbons.
20. The road type Grove may be a suitable type suffix to use for the northern right of way, however Close, Court or Place might be more appropriate if the same suffix is preferred by the Committee.
RECOMMENDED 1. That the information be received. 2. That the northern right of way upon creation be named Herd Grove, Herd Close, Herd Court or Herd Place. 3. That the southern right of way upon creation be named Gibbons Close, Gibbons Court or Gibbons Place.
Environment Committee - 11 October 2018 - Page 75
Environment Committee - 11 October 2018 - Page 76 18. Road Name Request - Kaiuma Bay
(Clr Brooks) (Report prepared by Ian Sutherland) U041882M
Introduction 1. The naming of a small cul-de-sac was overlooked when naming the other roads in the Kaiuma Bay development. The short road is highlighted in red in the map below, together with the properties that will utilise it for access.
2. New Zealand Standard AS/NZS 4819:2011 requires addressing to be provided to any road or right of way that serves six or more properties. This road meets that threshold as it serves nine allotments and therefore requires a road name. A road name will also assist with identification of the property for emergency services and general location of the properties that access off it.
3. The other road names in the Kaiuma Bay subdivision where all based on Maori names, such as Kaiuma Bay Road, Tai Close, Orapito Road, Paakohe Heights and Kuia Drive. These names were proposed by Peter Yealands following consultation with Ngāti Kuia and approved by Council in 2006.
4. I note that all of the new allotments in the subdivision accessing this road are still vacant and no building consents have been lodged yet. The properties have therefore not needed or have been using a physical address as yet, however an enquiry has been made recently about an address which has triggered this road naming process.
Proposal 5. Local iwi, Te Rūnanga O Ngāti Kuia, and Sounds Lifestyle Investments Limited (the current Kaiuma Bay developers that took over from Peter Yealands) were consulted and they provided the following two name options for Council to consider. The names in order of preference are:
Environment Committee - 11 October 2018 - Page 77 a) Toki - This is a Maori word for adze.
b) Rua - This is a Maori word for storage pit.
6. Both names reflect the archaeology evidence found in the area at the time of the original subdivision in 2004. The names will also continue with the Maori theme use for the other names in the subdivision, such as Tai Close, Orapito Road, Kuia Drive and Paakohe Heights. The names are listed in order of preference.
7. A copy of the e-mail from Te Runanga O Ngati Kuia recommending the names is appended. (Refer Appendix 1)
Consultation 8. The proposed names were circulated by Council to the affected property owners of the new lots. Sounds Lifestyle Investments Limited own six of them. No concerns have been received from any of these persons.
9. Due to the direct consultation with Te Rūnanga O Ngāti Kuia, and that the names are general Maori words and not specific to that iwi, it was not considered necessary to consult with the other iwi.
Evaluation Against Road Naming Policy 10. The following are relevant matters from the new Road Naming and Addressing Policy (approved by Council in 2017).
11. Theme: (That where more than one road is being created in a subdivision, a common theme is recommended for the names.)
The use of the Maori names is consistent with those approved for the subdivision and would therefore meet the policy.
12. Duplication: (That duplication of names not be allowed where the same or similar name occurs within the Marlborough District.)
Met - there are no other road names that are the same or similar these in Marlborough. The closest being Ruataniwha Place in Okiwi Bay.
13. Length of Names: (That names to be short (as a guide - 15 characters or less), single words, which are readily pronounced and spelt to satisfy the requirements of emergency services and chosen in proportion to the length of the road.)
The proposed names easily comply with this requirement.
14. Road Type: (That road type terms be used in circumstances appropriate to the physical situation with the definitions acting as a guide). There are several types from standards AS/NZS 4818:2011 that would be appropriate, these being:
Close: Short, enclosed roadway. Place: Short, sometimes narrow, enclosed roadway. Road: Open way or public passage primarily for vehicles. Retreat: Roadway forming a place of seclusion. Street: Public roadway in a town, city or urban area, especially a paved thoroughfare with footpaths and building son long one or both sides.
Environment Committee - 11 October 2018 - Page 78 a) The road is very similar and nearby to another short road in the subdivision called ‘Tai Close’. It is unlikely that there would be any confusion with ‘Toki Close’, however the use of ‘Place’ would definitely remove any similarity or confusion.
b) The type ‘Retreat’ is an interesting option. This site is located near the end of a very long road in the Marlborough Sounds so this might be worthy of consideration and could work with either Toki or Rua.
Conclusion 15. Both names comply in all respects with the current and proposed road name policy and are consistent with the road names already approved in the development. However Toki is the preferred option of the developer.
16. The road type Place would seem to be the most appropriate type to use in this instance, but Retreat would also be suitable if preferred by the Committee.
RECOMMENDED 1. That the information be received. 2. That the road be named Toki Place or Toki Retreat.
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Appendix 1
Environment Committee - 11 October 2018 - Page 80 Environment Committee - 11 October 2018 - Page 81
Environment Committee - 11 October 2018 - Page 82
19. Appointment of Hearings Commissioner
(Clr Brooks) (Report prepared by Sue Bulfield-Johnston) R450-004-02
Purpose 1. The purpose of this report is to present the following person for inclusion on the list of Hearings Commissioners.
Background 2. Under the Marlborough District Council Resource Management Act 1991 Instrument of Delegation Council may delegate its function as a consent authority to a Hearings Commissioner.
3. Hearings Commissioners can be called on to hear and determine applications for resource consent pursuant to Section 34A of the Resource Management Act 1991.
4. A list of current hearings commissioners is attached. (Refer Appendix 2).
Comments 5. This list of Hearings Commissioners can be beneficially extended with the inclusion of the following person as below:
Rawiri Faulkner 6. Rawiri is currently serving as a Commissioner on the hearing panel tasked with hearing and deciding on submissions to the proposed Marlborough Environment Plan. As a result of this mammoth task he is developing an extensive knowledge of the proposed Marlborough Environment Plan.
7. Rawiri is a Ministry for the Environment Accredited RMA Commissioner and has served on a number of hearings.
8. He is a director of Tū Taiao Limited which provides a planning, policy and relationship management advisory service to clients. He has also been a past member of the Strategic and Policy Standing Committee and prior to that a member of the Te Upoko Taiao - Natural Resource Plan Committee for the Greater Wellington Regional Council.
9. Rawiri holds a Bachelor of Art (Maori Resource Management and Geography).
10. Hearings Commissioner appointments that Rawiri has undertaken to date include: • Whakawiriwiri River consent • 2013; NCI Limited Discharge to Air consent • 2012; Masterton Crematorium Discharge to Air consent • 2011/2012; Carterton District Council Wastewater consent • 2011; Porirua Harbour Strategy (Panel Chair)
11. Please find the attached CV for further consideration. (Refer Appendix 1)
Summary 12. Council has the discretion to decide who they employ as an Independent Commissioner. The above person meets the accreditation requirements of Section 39A of the Resource Management Act 1991 and is not a member of the Council or Council staff.
Environment Committee - 11 October 2018 - Page 83 13. Any further expressions of interest to be included as a Council Hearings Commissioner will be forwarded to the Environment Committee for consideration.
14. Council is not bound to employ the services of a Commissioner once they are appointed before Full Council.
RECOMMENDED 1. That the information be received. 2. That Mr Rarwiri Faulkner be appointed to act as a Hearings Commissioner as and when required and that he be advised accordingly.
Environment Committee - 11 October 2018 - Page 84 Appendix 1
Environment Committee - 11 October 2018 - Page 85
Environment Committee - 11 October 2018 - Page 86
Environment Committee - 11 October 2018 - Page 87
Appendix 2 LIST OF CURRENT HEARINGS COMMISSIONERS
(Last updated – September 2018)
Legal Mr Richard Fowler QC Ms Camilla Owen Mr John Maassen Mr Ron Crosby MEP Plan Hearings Ms Shonagh Kenderdine (Judge) MEP Plan Hearings Mr John Milligan Mr Paul Rogers Mr Trevor Shiels QC Cindy Robinson Julian Ironside Gordon Whiting (Judge) Ms Prudence Steven QC Mr David Caldwell Ms Andrea Halloran Mr Rob Enright Ms Helen Atkins Planning Mr Jeremy Butler Sharon McGarry Mary O’Callahan Maori Mr Murray Palmer Mrs Glenice Paine Ms Jennie Smeaton Science & Environmental Emma Christmas Craig Welsh
Environment Committee - 11 October 2018 - Page 88 20. Appeals Update
(Clr Brooks) (Report prepared by Barbara Mead) R450-004-22
Purpose 1. The purpose of this report is to provide an update as to the current appeals caseload in Regulatory Services.
Background 2. The current caseload is as follows:
a) four appeals yet to be heard (including a Judicial Review);
b) three appeals awaiting final decision; and
c) one appeal awaiting determination of a costs application but otherwise concluded.
Summary 3. To assist the Committee please find below a brief summary as to progress since the previous report (August 2018) of those cases yet to be heard.
4. PJ Woolley v Marlborough District Council (Judicial Review) Mr Woolley had previously applied to transfer a water permit held by him to another site. Council informed Mr Woolley they could not register the transfer or progress his application as the permit had lapsed. Mr Woolley has filed an application for Judicial Review (30 July 2018) in the High Court claiming an injunction requiring Council process the transfer application, a declaration that Mr Woolley is entitled to have his transfer application processed and costs. Council has filed a Statement of Defence and a Case Management Conference setting out the timetabling for proceeding has been held. A second Case Management Conference is to take place in the first week of October 2018 to further progress to hearing.
5. Aparoa Zandia Limited v Marlborough District Council Council served an abatement notice upon Aparoa Zandia Limited in mid July 2018 requiring all forestry harvesting be stopped for want of a resource consent. Aparoa Zandia Limited have filed a Notice of Appeal in respect of the abatement notice and applied for a stay of the abatement notice. Council has consented to the stay being granted and the appeal will now be progressed. The parties await timetabling directions from the Court.
6. Clearwater Mussels Limited v Marlborough District Council The appellant sought the granting of two marine farm resource consents which were refused at first instance and again on appeal in the Environment Court. The appellant subsequently appealed to the High Court. Timetabling directions have been granted and the matter set down for hearing on 15 and 16 October 2018.
7. Motiti Rohe Moana Trust The appeal is yet to be heard but will likely to be heard in the last quarter of 2018. An agreed bundle has now been circulated.
Environment Committee - 11 October 2018 - Page 89 8. R J Davidson Family Trust The decision was received 21 August 2018. The Court found that the High Court had erred in holding the Environment Court was not able to or required to consider Part 2 of the Resource Management Act 1991 directly and was bound by its expression in the relevant planning documents. However it refused to remit the matter back to the Environment Court for reconsideration as the error would not have affected the decision to refuse the consent. The Court examined the application of King Salmon test in resource consent decision making. Guidance was given as to the application. A discussion as to the approach to Part 2 is provided online under Best Practice Guides at https://resourceconsents.marlborough.govt.nz/dashboard. Presently the parties are awaiting a decision in respect of costs.
9. Treble Tree Holdings Limited v Marlborough District Council The orders and directions sought in the joint memorandum were granted. Treble Tree abandoned its appeal and the appeal by Friends of Nelson Haven and Tasman Bay was granted. Costs lie where they fall.
10. Doig v Marlborough District Council An award of costs at a rate of 30% has been made in favour of Council. The Court noted Council acted appropriately and that the appellant had made the alterations on a boatshed without obtaining a resource consent. The Court were also persuaded to direct the full payment of the Council planner’s charge out rate rather than a reduced amount. This reflects the standard of the planner’s evidence and the important role of Local Authorities in resource management.
RECOMMENDED That the information be received.
Environment Committee - 11 October 2018 - Page 90 21. Information Package
RECOMMENDED That the Regulatory Department Information Package dated 11 October 2018 be received and noted.
Environment Committee - 11 October 2018 - Page 91 22. Decision to Conduct Business with the Public Excluded
Decided That the public be excluded from the following parts of the proceedings of this meeting, namely:
- Minutes
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
General subject of each Reason for passing this Ground(s) under Section 48(1) matter to be considered resolution in relation to for the passing of this each matter resolution Minutes As set out in the Minutes That the public conduct of the and Reports relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under Section 7 of the Local Government Official Information and Meetings Act 1987.
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