Application CRC185066 & CRC185065

By Golf Club and Council

for a water permit

to take and use water

Section 42A Officer’s Report – Katherine Huggins Date: 4/04/2018

INTRODUCTION

1. Otematata Golf Club (the applicant) has applied for a resource consent to partially transfer surface water site to site from Waitaki District Council consent CRC011743.1 to take and use surface water from SWAP CA16/0016 for the purposes of irrigating a golf course. 2. Hugh Cameron of the Otematata Golf Club has prepared the AEE on behalf of the applicant. 3. The applicant currently takes water from the Waitaki District Council community supply take (CRC011743.1) to irrigate the golf course. However, for ease the applicant would like their own abstraction point closer to the golf course. Therefore, a part site to site transfer has been applied for. 4. A site visit was not undertaken during the processing of this resource consent.

DESCRIPTION OF THE PROPOSED ACTIVITY

5. Water Permit (s14) to partially transfer CRC011743.1 from site to site - to take and use water CRC185066 – Otematata Golf Club 6. In summary, the applicant proposes to: a. Take and use water at 10 litres per second and 30,000 cubic metres from SWAP CA16/0016 for the irrigation of 25.7 ha of the golf course. b. Map reference NZTM2000:1377807 mE 5057471 mN 7. The surface water take is from and will be included within the Tourism and Recreational Facilities annual allocation. CRC185065 – Waitaki District Council 8. In summary, the applicant proposes to: a. Transfer 30,000 cubic metres of water to the Otematata Golf Course from consent CRC011743.1 from map reference NZTM2000:1377742 mE 5055317 mN, SWAP H40/0015. b. The volume to remain for the existing take shall not exceed a volume of 4,380 cubic metres per day, 30,660 cubic metres per week, and 570,000 cubic metres per annum

s42A report version September 2015 a. The surface water take is from Otematata River and is include within the town and Community water supplies annual allocation. 9. For the purpose of this report I will consider only the effects of CRC185066 – the new abstraction for Otematata Golf Course as I consider the surrendering of 30,000 from CRC011743.1 to have no adverse effects on the environment.

LEGAL AND PLANNING MATTERS

The Resource Management Act 1991 (RMA)

10. Section 136 states that: (1) A holder of a water permit granted other than for damming or diverting water may transfer the whole or any part of the holder’s interest in the permit— (a) to any owner or occupier of the site in respect of which the permit is granted; or (b) to another person on another site, or to another site, if both sites are in the same catchment (either upstream or downstream), aquifer, or geothermal field, and the transfer— (i) is expressly allowed by a regional plan; or (ii) has been approved by the consent authority that granted the permit on an application under subsection (4). 11. Section 14 states that: (1) No person may take, use, dam, or divert any— (a) Water (other than open coastal water); or unless the taking, use, damming, or diversion is allowed by subsection (3). (3) A person is not prohibited by subsection (1) from taking, using, damming, or diverting any water, heat, or energy if— (a) The taking, use, damming, or diversion is expressly allowed by a rule in a regional plan [and in any relevant proposed regional plan] or a resource consent; or (b) In the case of fresh water, the water, heat, or energy is required to be taken or used for— (i) An individual's reasonable domestic needs; or (ii) The reasonable needs of an individual's animals for drinking water,— and the taking or use does not, or is not likely to, have an adverse effect on the environment; or… (e) The water is required to be taken or used for fire-fighting purposes. 12. Therefore, unless expressly allowed by a rule in a regional plan a resource consent is required

Regional Plans

Waitaki Catchment Water Allocation Regional Plan (WCWARP) 13. The part transfer of surface water site to site within the Waitaki Catchment is assessed against the rules set out in the Waitaki Catchment Water Allocation Regional Plan. 14. Rule 8 of the WCWARP is the applicable rule on the transfer of resource consents. Rule 8 states:

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(1) No person shall transfer a consent to take or use water so that the use that is made of the water in exercise of the consent is changed. (2) No person shall transfer the location at which a consent to take water is exercised to any water body to which either Rule 4 or Rule 5 applies. (3) No person shall transfer the location at which a consent to take or use water is exercised unless the new location is downstream along the route the water would flow between the existing location and the sea. (4A) No person who holds a consent subject to Rule 2(4) shall transfer that consent to another person on another site, or to another site, unless that site is already the subject of a Schedule 3 consent to take or use water. (4) No person shall transfer the location at which a consent to take or use water is exercised from one part of the catchment to another, except in accordance with Rule 21, Rule 21A, Rule 22 or Rule 23.

15. The proposal cannot comply with condition (3) as the new location is upstream of the existing location. The transfer of water is from one part of the catchment to another; however, this meets Rule 21A and is therefore, a restricted discretionary activity. 16. The exercise of discretion under this rule is restricted to the following matters: a. the effect of the transfer on the exercise of any other consent to take, use, dam or divert water; b. the method for preventing fish from entering the water intake; c. the technical efficiency of the exercise of the consent; d. the effect on flow in the immediate vicinity of the new location, and the need for and provision of any additional restriction to prevent that flow from reducing to zero; e. the consent-holders' responsibility for monitoring, including the timely provision of information to the Canterbury Regional Council; f. the location and method of water-measuring devices; and g. the need for backflow prevention.

ASSESSMENT OF POTENTIALLY AFFECTED PARTIES

17. The applicant did not carry out any consultation as they did not identify any potentially adversely affected parties. I agree that no persons are adversely affected by this proposal. 18. Canterbury Regional Council informed the following interested parties of the application. No response was received from the Rūnanga a. Fish and Game b. Forest and Bird c. The Department of Conservation d. Waitaki District Council e. Moeraki Rūnanga

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f. Te Rūnanga o Ngai Tahu 19. A response was received from the Rūnanga which is discussed below.

DESCRIPTION OF THE AFFECTED ENVIRONMENT

20. The applicant is taking water from SWAP CA16/0016 which is located adjacent to Lake Aviemore. 21. Lake Aviemore has a minimum lake level of 265.5 metres above mean sea level. Table 5 of the WCWARP has set 9,500,000 cubic metres for Tourism and recreational facilities upstream of the Waitaki Dam but not upstream the outlets of the glacial lakes. 22. Currently, only 5,405,056 cubic metres has been allocated for Tourism and Recreational facilities leaving 4,094,944 available for allocation. The granting of an additional 30,000 cubic metres per year will not result in the exceedance of the Tourism and Recreational facilities limits. 23. Using the ECan GIS database, I have identified the following relevant features related to the site: a. Lake Aviemore and the adjacent land (golf course) is classified as a site of special wildlife significance, land of national significance, native bird habitat, recreational values, wetland of representative importance. b. There are wetland areas approximately 600 metres upstream of the proposed abstraction point. These have been classified as Otematata made- man ponds. c. There is one surface water abstractor within 1 km of the site, downstream from the abstraction point; 24. The site is located within the takiwā of Moeraki Rūnanga and is not within or close to a silent file, statutory acknowledgement area, or Rūnanga sensitive area.

ASSESSMENT OF ACTUAL AND POTENTIAL EFFECTS

25. The proposal is a restricted discretionary activity therefore I have only considered matters that the CRC has discretion over. These are listed below: a. the effect of the transfer on the exercise of any other consent to take, use, dam or divert water; b. the method for preventing fish from entering the water intake; c. the technical efficiency of the exercise of the consent; d. the effect on flow in the immediate vicinity of the new location, and the need for and provision of any additional restriction to prevent that flow from reducing to zero; e. the consent-holders' responsibility for monitoring, including the timely provision of information to the Canterbury Regional Council; f. the location and method of water-measuring devices; and g. the need for backflow prevention.

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26. The below headings should take into account the matters of discretion as listed above.

Potential cumulative effects on water quantity

27. The allocation limit for Lake Aviemore 9,500,000 cubic metres, and as mentioned above there is currently allocation available. 28. The applicant has proposed a maximum take of 10 litres per second with an annual volume of 30,000 cubic metres. The proposed changes will result in the additional allocation of 5,435,056 cubic metres of water from the Lake Aviemore allocation. The applicant considers that the effects of the water take on allocation limits will be less than minor, I agree with the applicant. 29. The Waitaki Catchment Water Allocation Plan limits the Aviemore Lake to a level of 265.5 metres above mean sea level. A condition will form part of the consent that the applicant shall cease taking water for irrigation of the golf course when this level is reached. This will ensure that the lake will maintain an appropriate level and ensure the flow in the immediate vicinity of the new location will not reduce to zero. 30. Given the rate of water will be above 5 litres per second the applicant will be required to monitor their use of water, this will form part of the consent conditions. 31. Given the take fits within the limits set by Table 3 and 5 of the WCWARP, I agree with the applicant and consider effects on water quantity to be less than minor. Potential adverse effects on water quality and ecology 32. As stated above the take and use of water is to be used to irrigate Otematata Golf Course. 33. I have recommended the consent conditions include a backflow prevention condition if at any time fertiliser is used through the irrigation infrastructure. 34. In order to enhance water quality, minimum lake levels of 265.5 metres above mean sea level for Lake Aviemore have been set to ensure that nutrients are sufficiently diluted and water temperatures remain moderate. 35. The applicant currently already takes water from the Waitaki District Council water supply for irrigation which is mentioned above. Therefore, the golf course is already irrigated. 36. The applicant’s take also has the potential to have adverse effects on fish species via the accidental abstraction of fish from the surface water abstraction point. Usually, applicant’ mitigate this potential effect via the installation of fish screens. The applicant’s take is via a gallery which has been installed in the ground. As such, the applicant considers that fish screens are unnecessary as the gallery is sufficiently cover which will naturally prevent fish from entering the take. I agree with the applicant’s conclusion. 37. Given the above I agree with the applicant and consider adverse effects on water quality and ecology to be no more than minor. Potential adverse effects on existing users 38. There is one active surface water take between the transferor and the transferee. CRC073337 is held by Road Metals Limited who take water from the Otematata River. There are no other surface water takes between the two takes.

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39. There are four active consents (CRC010927 CRC060938 CRC084090) downstream of the proposed new take but up stream of the Waitaki dam. Consent CRC010927 for irrigation is not tied to the minimum lake level of 265.5 metres above mean sea level. CRC060938 is held to a minimum lake level of 267.7 metres above mean sea level. CRC084090 is tied to a minimum lake level of 265.5. 40. I recommend this consent be tied to a minimum lake level of 265.5 metres above mean sea level in line with the WCWARP. Given, 30,000 cubic metres of water is effectively being surrendered from the WDC consent there will still be the same amount of water available for other users. 41. I consider the effects on existing users to be no more than minor. Reasonable and efficient water use 42. The applicant has stated that the use of water is to irrigate the golf course. The applicant has given a rate and volume based on what they have been currently using from the Waitaki District Council consent. 43. I undertook an annual volume calculation using Schedule WQN9 for the 25-hectare golf course and calculated a total annual volume of 186,865 cubic metres per year for 25 hectares. The applicant has proposed an annual volume of 30,000 cubic metres which is considerably less than, therefore I consider this is reasonable for the irrigation area. 44. The daily rate of take of 10 litres per second over 25.76 hectares which gives an application rate of 3.35 mm/day, which does not exceed the recommended rate of 6.5 mm/day. 45. Given the above, I consider that the use of water is both reasonable and efficient. Potential adverse effects on amenity and recreational values 46. As previously discussed, Lake Aviemore has recreational values. 47. The Waitaki Catchment Water Allocation Plan takes into account the recreational users of the lake by setting a minimum lake level of 265.5 metres above mean sea level. I have tied the applicant to this as stated above. 48. Given the above, I consider that the adverse effects on amenity and recreational values to be less than minor. Potential adverse effects on Tangata Whenua values 49. The applicant’s proposal falls within the rohe of Moeraki Rūnanga. The site is in close proximity to a rūnanga sensitive area and statutory acknowledgement area. 50. Moeraki Rūnanga were advised of the applicant’s proposal on 27 April 2018 and were invited to submit any commentary related to the application by 4 May 2018; during the processing of this consent communication with Tania Richardson from Aukaha was undertaken. Ms Richardson just wanted further clarification as to what the proposal involved, I provided this clarification and have had no response since. 51. I have considered the Ngai Tahu policy statement on freshwater management and have concluded that the effects of the activity on Tangata Whenua values will be no more than minor. 52. Given the above i consider the adverse effects on Tangata Whenua values to be less than minor.

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Potential positive effects

53. The following positive effects have been identified: a. The use of water for irrigation may result in a better maintained golf course b. Positive economic benefits for the wider community.

COMPLIANCE HISTORY

54. There is no compliance history for this applicant

OBJECTIVES AND POLICIES

55. The relevant objectives and policies are identified in the attached ‘s42A Addendum’.

RECOMMENDATION FOR NOTIFICATION – (SECTION 95A AND 95B)

56. Section 95A of the RMA 1991 specifies the steps the Council is to follow to determine whether an application is to be publicly notified. These steps are addressed in the statutory order below in accordance with s95A RMA 1991 in the attached ‘s42A Addendum’, Appendix 2: i. Step One: Mandatory public notification is not required (s95A(2) RMA 1991); ii. Step Two: Public notification is not precluded (s95A(4) RMA 1991); iii. Step Three: Public notification is not required in certain circumstances (s95A(7) RMA 1991); and iv. Step Four: Special circumstances do not exist which require the application to be publicly notified (s95A(9) RMA 1991). 57. I have assessed the public notification requirements above in the order given and consider that public notification of this application is not required. 58. If the application is not publicly notified under section 95A RMA 1991, the Council must follow the steps set out in section 95B to determine whether to limited notify the application. These steps are addressed below in statutory order in accordance with s95B RMA 1991 in the attached ‘s42A Addendum’: i. Step One: There are no protected customary rights groups or customary marine title groups affected by the proposed activity (s95B(2) RMA 1991). The proposed activity is not on or adjacent to, or may affect, land that is subject of a statutory acknowledgement under schedule 11 (s95B(3) RMA 1991); ii. Step Two: Limited notification is not precluded (s95B(5) RMA 1991); iii. Step Three: There are no affected persons in accordance with s95B(7) and (8) of the RMA 1991; iv. Step Four: Special circumstances do not exist which require the application to be limited notified (section 95B(10) RMA 1991).

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59. I have assessed the limited notification requirements in the order given and consider that limited notification of this application is not required. 60. In conclusion, I recommend that this application be decided on a non-notified basis.

RECOMMENDATION FOR GRANT OR REFUSE

Consideration of Application (Section 104(1)(a) –(c))

61. The assessment of adverse effects undertaken for the purpose of notification determination concluded that adverse effects were no more than minor. I consider that this assessment is also relevant to the assessment required under s104(1)(a). 62. In summary, in accordance with Section 5 of the RMA I consider that any adverse effects will be acceptable and are able to be avoided, remedied or mitigated subject to an appropriate set of conditions. 63. In accordance with section 104(1)(b) of the RMA, I have had regard to all relevant objectives and policies for this application. The relevant objectives and policies are identified in the attached ‘s42A Addendum’. I consider this application is (generally) consistent with the objectives and policies of the relevant planning provisions. 64. In accordance with section 104(1)(c) I have had regard to any other matters relevant to this application including: a. Canterbury Water Management Strategy The proposal is located within the area managed by the Upper Waitaki Zone Committee. The committee have generated a Zone Implementation Programme (ZIPs) for this zone. ZIPs are non-statutory documents that are being completed by each of the Zone Committees within the Canterbury region. ZIPs contain zone-specific recommendations for water management to achieve the CWMS targets. b. The Ngāi Tahu Resource Management Strategy for the Canterbury Region. c. Kai Tahu Ki Management Plan. d. Iwi Management Plan of Kati Huirapa for the area to Waitaki, Part One – Land, Water and Air Policies, Arowhenua (July 1992)

Determination of applications for restricted discretionary activities (Section 104C)

1. When considering an application for a resource consent for a restricted discretionary activity, a consent authority must consider only those matters over which—

e. a discretion is restricted in national environmental standards or other regulations: f. it has restricted the exercise of its discretion in its plan or proposed plan. 2. The consent authority may grant or refuse the application. 3. However, if it grants the application, the consent authority may impose conditions under section 108 only for those matters over which— a. a discretion is restricted in national environmental standards or other regulations: b. it has restricted the exercise of its discretion in its plan or proposed plan.

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65. The matters for discretion have been restricted in Rule 21A of the Waitaki Catchment Water Allocation Regional Plan. These are: a. the effect of the transfer on the exercise of any other consent to take, use, dam or divert water; b. the method for preventing fish from entering the water intake; c. the technical efficiency of the exercise of the consent; d. the effect on flow in the immediate vicinity of the new location, and the need for and provision of any additional restriction to prevent that flow from reducing to zero; e. the consent-holders' responsibility for monitoring, including the timely provision of information to the Canterbury Regional Council; f. the location and method of water-measuring devices; and g. the need for backflow prevention.

Part 2 Matters (Purpose and Principles of the RMA)

66. Under section 104(1) of the RMA, the consent authority must consider applications "subject to Part 2" of the Resource Management Act 1991 (RMA), specifically sections 5, 6, 7 and 8. 67. The Purpose of the RMA (Section 5) is to: “promote the sustainable management of natural and physical resources.” 68. The purpose is achieved by the guidance provided by the Principles of the RMA (i.e. s.6, s.7, and s.8). 69. In the attached s42A Addendum (Appendix two), I have considered Part 2 of the RMA. 70. Given this, I consider that this activity will achieve the purpose of the RMA.

Conditions of resource consent (Section 108)

71. I recommend including the conditions attached (Appendix one), which have been adopted by the applicant as mitigation measures for their proposal.

Duration (Section 123)

72. This application seeks a part transfer of consent CRC011743.1. As such there is no change to the existing consented duration.

DECISION

73. Having considered all relevant matters under sections 104 – 104D I recommend granting resource consent CRC185066 and CRC185065 subject to the conditions attached (Appendix one) and an expiry date of 8 May 2044.

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Signed: Date: 4/04/2019 Name: Katherine Huggins Consents Planner

Reviewer’s comments:

Signed: Date: Name: Consents Planner

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APPENDIX 1: RECOMMENDED CONDITIONS

Applicants Name: Otematata Golf Club (Inc)

Recommended Conditions for Consent Application CRC185066

Proposed Activity: Water Permit (s14) to partially transfer CRC011743.1 from site to site - to take and use water

Site Location: OTEMATATA-KUROW ROAD, OTEMATATA

Proposed Consent Duration:

1 Water may only be taken from SWAP CA16/0016 adjacent to the Aviemore Lake as shown on plan CRC185066.

2 Water may be taken for irrigation at a rate not exceeding 10 litres per second with an annual volume not exceeding 30,000 cubic metres between 1 July and the following 30 June. 3 Water shall only be used for irrigation on the area of land shown on attached Plan CRC185066, which forms part of this consent.

4 Whenever the level of Lake Aviemore is at or below 265.5 metres above mean sea level, as estimated by Canterbury Regional Council, all abstraction shall cease. 5 The consent holder shall, before the first exercise of this consent, install an easily accessible straight pipe(s), with no fittings or obstructions that may create turbulent flow conditions, of a length at least 15 times the diameter of the pipe, as part of the pump outlet plumbing or within the mainline distribution system.

6 The consent holder shall before the first exercise of this consent:

a. i. install a water meter(s) that has an international accreditation or equivalent calibration endorsement, and has pulse output, suitable for use with an electronic recording device, which will measure the rate and the volume of water taken to within an accuracy of plus or minus five percent as part of the pump outlet plumbing, or within the mainline distribution system, at a location(s) that will ensure the total take of water is measured; and ii. install a tamper-proof electronic recording device such as a data logger(s) that shall time stamp a pulse from the flow meter at least once every 15 minutes, and have the capacity to hold at least one season’s data of water taken as specified in clauses (b)(i) and (b)(ii), or which is telemetered, as specified in clause (b)(iii). b. The recording device(s) shall: i. be set to wrap the data from the measuring device(s) such that the oldest data will be automatically overwritten by the newest data (i.e. cyclic recording); and ii. store the entire season’s data in each 12 month period from 1 July to 30 June in the following year, which the consent holder shall

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then download and store in a commonly used format and provide to the Canterbury Regional Council upon request in a form and to a standard specified in writing by the Canterbury Regional Council; or iii. shall be connected to a telemetry system which collects and stores all of the data continuously with an independent network provider who will make that data available in a commonly used format at all times to the Canterbury Regional Council and the consent holder. No data in the recording device(s) shall be deliberately changed or deleted. c. The water meter and recording device(s) shall be accessible to the Canterbury Regional Council at all times for inspection and/or data retrieval. d. The water meter and recording device(s) shall be installed and maintained throughout the duration of the consent in accordance with the manufacturer’s instructions.

All practicable measures shall be taken to ensure that the water meter and recording device(s) are fully functional at all times.

7 Within one month of the installation of the measuring or recording device(s), or any subsequent replacement measuring or recording device(s), and at five-yearly intervals thereafter, and at any time when requested by the Canterbury Regional Council, the consent holder shall provide a certificate to the Canterbury Regional Council, Attention Regional Leader - Monitoring and Compliance, signed by a suitably qualified person certifying, and demonstrating by means of a clear diagram, that:

a. The measuring and recording device(s) has been installed in accordance with the manufacturer’s specifications; and

b. Data from the recording device(s) can be readily accessed and/or retrieved in accordance with clauses (b) and (c) of condition (6).

8 The Canterbury Regional Council, Attention Regional Leader - Monitoring and Compliance, shall be informed within five days of first exercise of this consent by the consent holder. 9 If the irrigation system is used to distribute diluted effluent, fertiliser or added contaminants the consent holder shall ensure:

a. An effective backflow prevention device is installed and operated within the pump outlet plumbing or within the mainline to prevent the backflow of contaminants into the water source; and b. The backflow prevention device is tested at the time of installation and annually thereafter by a suitably qualified or certified person in accordance with Canterbury Regional Council approved test methods for the device used; and c. The test report is provided to the Canterbury Regional Council Attention Regional Leader - Monitoring and Compliance, within two weeks of each

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inspection.

Advice Note:

This is not authorisation to discharge fertiliser or other contaminants to land, water or air under section 15 of the Resource Management Act.

10 The consent holder shall take all practicable steps to:

a. Ensure that the volume of water used for irrigation does not exceed that required for the soil to reach field capacity; and b. Avoid leakage from pipes and structures; and c. Avoid the use of water onto non-productive land such as impermeable surfaces and river or stream riparian strips.

11 The Canterbury Regional Council may, once per year, on any of the last five working days of May or November, serve notice of its intention to review the conditions of this consent for the purposes of dealing with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage. 12 The lapsing date for the purposes of section 125 shall be 30 June 2022

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Plan CRC185066

s42A report version September 2015 Applicants Name: Waitaki District Council

Recommended Conditions for Consent Application CRC185065

Proposed Activity: Water Permit (s14) to partially transfer CRC011743.1 from site to site - to take and use water

Site Location: FARM ACCESS ROAD, OTEMATATA

Proposed Consent Duration:

1 Until this condition is changed in accordance with section 127 of the Act or reviewed in accordance with section 128 the take shall not exceed a volume of 4,380 cubic metres per day, 30,660 cubic metres per week, and 570,000 cubic metres per annum. This condition is imposed for the purpose of ensuring that, over time, the authorised take more closely meets the policies of relevant Regional Policy Statements and Regional Plans. (2) 2 Water is only to be taken: a. via a submerged gallery intake having the general form of that described in paragraph seven (and shown in Figure 3) of the evidence of Andrew Iremonger dated 3 March 2009, presented at the hearing and attached to this decision; or

b. from a bore-field located within 50 metres of NZMS 260 H40:88062- 18466 (Topo50 CA16:78120-56811), each bore with a maximum diameter of 900 millimetres and maximum depth of 20 metres, as shown on Plan CRC011743.1 which forms part of this consent.

PROVIDED THAT water is not taken concurrently in accordance with clause (a) and (b) of this condition. 3 If water is taken from the gallery described in condition (2)(a), so as to ensure that the intake is operated and maintained so as adequately to exclude (and to avoid damage to) fish: a. The consent holder shall, within four years of the commencement of this consent (and thereafter within three months following a request from the Canterbury Regional Council (RMA Compliance and Enforcement Manager), provide the Canterbury Regional Council with a certificate, signed by a certifier, that the performance of the intake meets or exceeds the guidelines provided in the NIWA document Fish Screening: good practice guidelines for Canterbury. Such a certificate may be qualified, in that it may specify the circumstances that need to obtain in order that the guidelines may be met.

b. Water shall not be taken in terms of this consent:

i. if a certificate has not been provided in accordance with this condition; and

s42A report version September 2015 ii. in circumstances otherwise that specified in that certificate, unless the consent holder is actively engaged in ensuring that the circumstances specified in any qualified consent come in to being.

c. For the purposes of this condition the ‘certifier’ is any person nominated by the consent holder and accepted by the Central Fish and Game Council and the Canterbury Regional Council as possessing suitable qualifications and experience to act as a certifier for the purposes clause (b).

4 The consent holder shall, within 12 months of the commencement of this consent: a. Install and maintain, in accordance with the manufacturers specifications, a water meter of a kind that is certified, as the result of a process that has ISO approval, as capable of measuring the rate and volume of water taken to an accuracy of ± five percent; and which has a pulse output suitable for use with an electronic recording device. That meter is to be installed:

i. as part of the pump(s) outlet plumbing or within the mainline distribution system at a location that ensures that the total take of water is measured;

ii. in accordance with the criteria adopted for the relevant ISO certification; and

iii. so that there is a straight length of pipe ‘upstream’ of the meter of at least 10 times the diameter of that pipe, and a straight length of pipe ‘downstream’ of the meter of at least five times the diameter of that pipe.

b. Install a tamper-proof electronic recording device such as a data logger that records or logs the pulse data and has the capacity to hold at least one year’s water use data.

5 The recording device shall continuously record the output of the installed water meter, at not more than 15 minute intervals, of at least the 12 month period ending on 30 June in each year, in a format and to a standard specified in the Canterbury Regional Council’s form for Water Metering Data Collection. That data shall: b. Be supplied to the Canterbury Regional Council (Water Metering Manager) on at least an annual basis (and on request); and

c. At the request of the Canterbury Regional Council (Water Metering Manager) be supplied electronically at daily intervals to the Canterbury Regional Council or its nominee.

The recording device shall be immediately available to the

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Canterbury Regional Council (on request) for the purposes of inspection and/or data retrieval. All practicable measures shall be undertaken to ensure that the meter and recording device are fully functional at all times and meet the accuracy requirements of condition (4)(a). 6 Within one month of the installation of the measuring and recording devices required by the foregoing condition, at two yearly intervals thereafter and at any time when requested by the Canterbury Regional Council the consent holder shall provide a certificate to the Canterbury Regional Council signed by a person nominated by the consent holder and accepted by the Canterbury Regional Council as a possessing suitable qualifications and experience to act as a certifier for the purposes of this condition, certifying: a. that the devices have been installed in accordance with the manufacturers’ recommendations and the criteria of the relevant ISO based certification; and

b. that data from the recording device can readily be accessed and retrieved in accordance with condition (7) below.

7 For the purpose of enabling it independently to check the volume of water taken and the accuracy of the meter the consent holder is to supply access, to the Canterbury Regional Council and sufficient to enable it to apply an external measurement device, to a portion of a straight part of the supply pipe to the consent holder’s reservoir that is in length at least 15 times the diameter of that pipe. 8 The consent holder shall take all practicable steps to:

a. Avoid leakage from pipes and structures including, but not limited to, replacement of high maintenance or high failure rate pipes within the reticulation system; and b. Detect abnormally high patterns of water use; and c. Avoid wastage of water by taking appropriate measures including, but not limited to, initiating conservation regimes and undertaking effective community liaison; and d. Optimising system pressure within the reticulation system; and e. Avoiding the application of water on to unproductive land, impermeable surfaces and riparian strips.

9 The Canterbury Regional Council may, once per year on any of the last five working days of May or November, serve notice of its intention to review the conditions of this consent for the purposes:

a. Ensuring that, over time, the authorised take more closely meets the requirements of the Regional Policy Statement or any relevant Regional Plan. (3) b. Of dealing with any adverse effect assocaited with hydrocarbons being present in the water quality samples taken from the fore field described in condition 2)(b).

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For the avoidance of doubt, this consent does not relieve the consent holder from the obligation to comply with ‘low flow’ rules in any relevant Regional Plan. (4)

1. This term is defined in Part 10 of the Waitaki Catchment Water Allocation Regional Plan 2006. To avoid doubt, the irrigation of the Waitaki Golf Course and of Waitaki District Council reserve land is within the consent purpose.

2. At the time of this consent the relevant Regional document was the WCWARP’06. Particular attention should be given to the ‘reasonable use test’ articulate in Policy 17.

3. At present the relevant regional document is the WXWARP’05, and the most relevant requirements are to be found in Policy 17.

4. At present the relevant regional document is the WCWARP’05, and the relevant provision is Rule 2 of that document.

10 Prior to water being taken from the bore-field described in condition (2)(b), the consent holder shall inform Canterbury Regional Council, Attention: RMA Compliance and Enforcement Manager, of the number of bores, bore identity number, location, depth and diameter and ensure that the water taken from these bore is metered and recorded in accordance with condition (4), (5) and (6) and compliance with the Resource Management (Measuring and Reporting of Water Takes) Regulations 2010. 11 Water may be taken for the purpose of:

1. Providing town and community water supply for the town of Otematata; and/or 2. Bore development and pumping test provided that it meets the criteria listed in Attachment CRC011743.1, which forms part of this consent.

12 If hydrocarbons are detected, in any water quality samples taken from the bore field described in condition 2)(b), at concentrations in excess of the limits specified in ‘Drinking-water Standards for New Zealand 2005 (Revised 2008)’ prior to any treatment, the consent holder shall provide details of the water quality sample to the Canterbury Regional Council, Attention: Compliance and Enforcement Officer. The details shall be provided within one month of the samples being taken and shall include, but not be limited to, the date the samples were taken and analysed, the species analysed for, analysis method, concentration measured, the corresponding limit and any other relevant information. 13 If water is taken from the bores described in condition (2)(b) and chemical treatment or any contaminant is added in the system the consent holder shall ensure:

a. An effective backflow prevention device is installed and operated within the pump outlet plumbing or within the mainline to prevent the

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backflow of contaminants into the water source; and b. The backflow prevention device is tested at the time of installation and annually thereafter by a suitably qualified or certified person in accordance with Canterbury Regional Council approved test methods for the device used; and c. The test report is provided to the Canterbury Regional Council Attention: RMA Compliance and Enforcement Manager within two weeks of each inspection.

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PLAN CRC185065

Consent Number:CRC185065 and CRC185066 Page 20 of 27 Consent Planner: Katherine Huggins

APPENDIX 2: S42A ADDENDUM

LEGAL AND PLANNING MATTERS

ACTIVITY: Take groundwater Take surface water Use water Dam water Divert water

The application is for a change of conditions and so is considered a discretionary activity under section 127 RMA and classification under the relevant regional plans is not required.

The application is for a transfer of a water permit and so must be considered under section 136 of the RMA. The RMA does not provide an activity status for transfers and so the application has been classified under the relevant regional plans below.

Waitaki Catchment Water Allocation Regional Plan: TAKE:

Permitted Controlled Restricted Discretionary Discretionary Non-complying

Under Rule of the Regional Plan because and/or USE:

Permitted Controlled Restricted Discretionary Discretionary Non-complying

Under Rule of the Regional Plan because

The activity is therefore considered as a:

Permitted Controlled Restricted Discretionary Discretionary Non-complying requiring a resource consent under Section 127 of the Act

Comment:

AFFECTED PARTIES AND WRITTEN APPROVALS

Are there any potentially affected parties? Yes No

Have any written approvals been provided? Yes No Consent Number:CRC185065 and CRC185066 Page 21 of 27 Consent Planner: Katherine Huggins

Comments/details:

ECAN’S CONSULTATION

The following parties were informed about the consent application:

Forest and Bird

Waitaki District Council

Moeraki Rūnanga

Te Rūnanga o Ngāi Tahu

Department of Conservation Office

Fish and Game

Other (specify)

Any responses received are discussed in the s42A report.

Silent File: Yes No

If yes, detail:

POLICIES AND OBJECTIVES The following policies and objectives are relevant to this proposal, and were not considered to be compromised by the activity: CANTERBURY REGIONAL POLICY STATEMENT 2013 Chapter 5: Land use Objective 5.2.1 (Location, design and function of development (Entire Region)) Policy 5.3.12 (3) (Rural production (Wider region)) Chapter 7: Fresh water Objective 7.2.1 (Sustainable management of fresh water) Objective 7.2.2 (Parallel processes for managing fresh water) Objective 7.2.3 (Protection of intrinsic value of waterbodies and their riparian zone) Objective 7.2.4 (Integrated management of freshwater resources) Policy 7.3.1 (Natural character of freshwater) Policy 7.3.2 (Natural character of braided rivers and lakes) Policy 7.3.4 (Water quantity; interconnectivity, sea water intrusion, flows/allocation) Policy 7.3.6 (Freshwater quality) Policy 7.3.7 (Water quality and land uses) Policy 7.3.8 (Efficient allocation and use of freshwater) Consent Number:CRC185065 and CRC185066 Page 22 of 27 Consent Planner: Katherine Huggins

Policy 7.3.10 (Harvest and storage of freshwater) Policy 7.3.11 (Existing activities and infrastructure) Policy 7.3.12 (Precautionary approach and allocation without a planning framework) Policy 7.3.13 (Resolution of freshwater management issues) Comment: This proposal will allow the applicant to take water to irrigate the golf course. This allows the applicant to get economic benefits while maintaing a reasonable surface water flow as they have proposed a plan compliant minimum flow. The WCWARP established rules allowing additional surface water to be allocated which has taken into account the natural character of the Waitaki River and any associated wetlands to be maintained and ecological habitats to remain at a healthy state. Given the above, I consider these policies and objectives are consistent with the proposal. Waitaki Catchment Water Allocation Regional Plan Objective / Description Assessment Policy

Objective 1 To sustain the qualities of the The proposal is consistent with Objective 1 environment of the Waitaki River and associated beds, bans, margins, tributaries, islands, lakes, wetlands and aquifers. Objective 2 Provide water for different activities. The proposal fits within the allocations limits set by the WCWARP Objective 3 Recognise that there are beneficial and These factors have been considered in the adverse effects on the environment at a assessment of effects national and local scale. Objective 4 Achieve a high level of technical The applicant proposes an annual volume efficiency in the use of water. and efficiency conditions, and has demonstrated the use of water to be technically efficient. Objective 5 Provide for practical and fair sharing of Appropriate flow regime proposed, allocated water during times of low consistent with Rule 2. water availability. Policy 1 Recognising connectedness between all Matters related to cumulative effects have parts of the catchment been considered Policy 1A Policy incorporated from the NPS for The application is for a water permit, not a Freshwater Management 2014 - discharge permit. Considerations for an application for a discharge. Policy 1B Policy incorporated from the NPS for Plan compliant environmental flow regimes Freshwater Management 2014 – have been proposed to ensure these values consider the extent of effect on life are protected. supporting capacity of fresh water and any associated ecosystem. Policy 3 Setting of environment flow and level Appropriate flow regime proposed, regimes for all activities in Objective 2 consistent with Rule 2 and consistent with Objective 1, excluding water bodies identified in

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Policy 2. Policy 4 Outlines a number of matters that must Environmental flow and level regimes set in be considered when setting an Rule 2 were developed to protect these environmental flow and level regime values. Policy5 Additional matters to consider when The application does not seek to take setting groundwater flow and level groundwater regimes Policy 6 Recognising close connection between The application does not seek to take groundwater and surface water by groundwater requiring some takes to comply with environmental flow regimes. Policy 11 Consider effects on Tangata Whenua These have been considered values with respect to allocations to mahinga kai activites within the Lower Waitaki River, local and national effects when allocating water to activities. Policy 12 Outlines matters that must be n/a considered when establishing allocation limits. Reserve water within the Lower Waitaki for the enhancement of mahinga kai and the associated tangata whenua values, and the augmentation of flows into Wainono Lagoon Policy 13 Addresses water quality objectives in These objectives have been replaced by the NRRP then nutrient management provisions of the LWRP. Policy 15 Ensuring take seasonal duration and Requested rate and volume are reasonable use of water is reasonable for its intended use Policy 16 Requiring irrigation applications to LWRP Schedule 10 annual volume calculator meet the specified reasonable use test. was used to determine whether the annual PC3 changes the methodology to be volume was appropriate – this determined used the annual volume is appropriate Policy 17 Requiring applications for town and The proposal is to take water for irrigation community supplies or stock-drinking of a golf course. water to meet a reasonable use test. Method has been incorporated into the WCWARP rather than referring to the pNRRP Policy 18 Allocation to reflect actual needs Requested rate and volume is required for the proposed activity Policy 19 Encourage piping and sealing of The proposal will be piped to the irrigation distribution systems area. Policy 21 By requiring the installation of water Appropriate water level monitoring and measuring and recording devices recording has been proposed. Policy 23 Restricting water use in times of low A minimum flow is proposed to restrict water availability, except for reasonable abstraction in times of low water availability domestic and stockwater needs Policy 24 Provides for actual stock water and The proposal is to take water for irrigation domestic water requirements to be for a golf course

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taken during periods of low flow. Policy 25 By allowing the restrictions on takes No water user group is being proposed. The and diversions to be achieved through applicant is prepared to operate to only water-users group. their minimum flow regime. Policy 45 Setting an environmental flow regime The applicant proposes an environmental in the Lower Waitaki River that flow regime consistent with Table 2 which maintains values of the river and has been prepared with this policy in mind. enables access to water for activities identified in Objective 2, to the extent consistent with Objective 1. Policy 46 Maintaining a flow in the Lower Waitaki The proposal fits within the flow regime River downstream of the dam that is specified in Rule 2. sufficient to maintain the environmental flow and flushing flows of the river, and meet the actual requirements of existing and new consent – up to a maximum of 80 cumecs. PC3 has changed this to provide for mahinga kai and enhancing Wainono Lagoon and changes to a flow up to 40 cumecs. Policy 47 Considerations whether to grant or These are all new applications and fit within refuse applications for replacement of the flow regime set in Rule 2. existing consents shall take into consideration Policy 28 and alternative minimum flows. By providing cessation flows as an alternative to the minimum flow for takes and diversions from the Lower Waitaki River downstream of the dam.

WATER CONSERVATION ORDERS

The activity is located within an area where the Water Conservation Order applies.

Comment:

NATIONAL ENVIRONMENTAL STANDARDS and NATIONAL POLICY STATEMENTS The following NES and NPS have been considered as relevant to this application for the reasons described below:

NPS (Electricity Transmission) -

NPSFM (Freshwater Management amended 2017) – see below Policy B7 – water quantity

NES (Drinking Water) – there are no NES registered drinking water supplies in the vicinity of the applicants property that may be affected by the proposed change to conditions (3).

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Resource Management (Measurement and Reporting of Water Takes) Regulations 2010) – The applicant has installed water metering as required by the conditions of this consent, which is consistant with the requirements under this regulation.

NES (Ecological flows and water levels) – Environmental flow and level regimes consistent with Rule 2

RESOURCE MANAGEMENT ACT - PART 2 - Purpose and Principles

Section 5 Purpose (1)The purpose of this Act is to promote the sustainable management of natural and physical resources. (2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while— (a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and (b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and (c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.

I consider the proposal meets the Purpose of the Act.

Section 6 (Matters of National Importance) - recognise and provide for the following:

(a) the preservation of the natural character of the coastal environment, wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development. (b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development.

(c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna. (d) the maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers.

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

(f) the protection of historic heritage from inappropriate subdivision, use, and development.

(g) the protection of recognised customary activities.

(h) the management of significant risks from natural hazards.

Section 7 (Other Matters) - have particular regard to the following: (a) kaitiakitanga.

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(aa) the ethic of stewardship.

(b) the efficient use and development of natural and physical resources.

(ba) the efficiency of the end use of energy.

(c) the maintenance and enhancement of amenity values.

(d) intrinsic values of ecosystems.

(f) maintenance and enhancement of the quality of the environment.

(g) any finite characteristics of natural and physical resources.

(h) the protection of the habitat of trout and salmon.

(i) the effects of climate change.

(j) the benefits to be derived from the use and development of renewable energy.

Section 8 (Treaty of Waitangi) - take into account the principles of the Treaty of Waitangi

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