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Water Conservation Order Ngaruroro River and Clive River

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Water Conservation Order Ngaruroro River and Clive River An application to the Minister for the Environment for a Water Conservation Order on the Ngaruroro River and Clive River Pursuant to Section 201(1) of the Resource Management Act 1991 Table of Contents Section A - Description of the Waters Subject to the Application ……………………. 6 Section B - Outstanding Values and Characteristics …………………………………… 17 B1 Outstanding as a Habitat for Terrestrial or Aquatic Organisms ………………... 18 B1.1 Outstanding Native Fish Habitat ………………………………………….… 18 B1.1.1 Upper Ngaruroro Waters ……………………………………………. 20 B1.1.2 Lower Ngaruroro River ……………………………………………... 21 B1.1.3 Tributary Catchments ……………………………………………….. 24 B1.1.4 Species Diversity Significance ……………………………………... 24 B1.1.5 Summary ……………………………………………………………... 24 B1.2 Outstanding avifauna habitat ……………………………………………….. 27 B1.2.1 Upper Ngaruroro Waters ……………………………………………. 30 B1.2.2 Lower Ngaruroro River ……………………………………………… 31 B1.2.3 Summary ……………………………………………………………. 32 B1.3 Outstanding trout fishery ……………………………………………………. 33 B1.3.1 Population differentiation …………………………………………… 33 B1.3.2 Rainbow Trout Density ……………………………………………… 35 B1.3.3 Rainbow Trout Size and Growth …………………………………… 36 B1.3.4 Trout Spawning Habitat …………………………………………….. 41 B1.3.5 Juvenile and Adult Trout Habitat …………………………………... 44 B1.3.6 Summary ……………………………………………………………... 51 B2 Outstanding wild, scenic or other natural characteristics, and scientific and ecological values ……………………………………………………………………. 54 B2.1 Landscapes …………………………………………………………………… 54 B2.2 Water Quality …………………………………………………………………. 58 B2.2.1 Nutrients and periphyton ……………………………………………. 60 B2.2.2 Faecal contaminants ………………………………………………... 63 B2.2.3 Stressors ……………………………………………………………… 66 B2.2.4 Biological Indicators …………………………………………………. 68 B2.2.5 Summary ……………………………………………………………... 69 B3 Outstanding for recreational purposes ……………………………………………. 72 B3.1 Angling ………………………………………………………………………… 72 B3.2 Whitewater kayaking/rafting ………………………………………………… 78 B3.2.1 Upper River Run …………………………………………………….. 78 B3.2.2 Lower Gorge Run ……………………………………………………. 79 B3.2.3 Value of the Runs ……………………………………………………. 80 B3.2.4 Summary ……………………………………………………………... 81 B3.3 Jetboating …………………………………………………………………….. 85 B4 Outstanding significance in accordance with tikanga Māori and for cultural 88 and spiritual purposes ……………………………………………………………… B4.1 Iwi connected to the Ngaruroro River ……………………………………… 88 B4.2 Ngati Hori ki Kohupatiki and the Clive River ………………………………. 89 B5 Summary …………………………………………………………………………….. 90 Page 2 of 112 Section C - Restrictions or Prohibitions Sought ………………………………………… 92 Summary of restrictions and prohibitions sought ……………………………………... 92 Section D – Matters to be considered by a Special Tribunal ………………………….. 96 The application and all submissions …………………………………………………… 96 The needs of primary and secondary industry and of the community …….……….. 96 The relevant provisions of every national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, district plan, and any proposed plan …………………………………………………………………………….. 99 Other relevant matters …………………………………………………………………… 103 Section E – Information about the Applicants …………………………………………… 104 References ……………………………………………………………………………………… 106 List of Annexes ………………………………………………………………………………… 112 Page 3 of 112 1. Pursuant to section 201(1) of the Resource Management Act 1991 ("the Act"), the New Zealand Fish and Game Council, Hawkes Bay Fish and Game Council, Royal Forest and Bird Protection Society of New Zealand, Jet Boating New Zealand, Whitewater NZ Incorporated and Ngati Hori ki Kohupatiki ("the Applicants"), apply to the Minister for the Environment for the making of a Water Conservation Order in respect of: a. The mainstem of the Ngaruroro River and all of its tributaries and contributing waters (including hydraulically connected groundwaters and wetlands), from its source in the Kaimanawa Ranges down to Whanawhana cableway (at or about NZTopo50 BK37:918-158), "Upper Ngaruroro Waters"; and b. The mainstem of the Ngaruroro River from Whanawhana cableway (at or about NZTopo50 BK37:918-158) downstream to the inland limit of the coastal marine area (at or about NZTopo50 BK39:354-127), “Lower Ngaruroro River”, and c. The tributaries and hydraulically connected groundwater to the Lower Ngaruroro River; and d. The mainstem of the Clive River from the Rauapare Stream confluence (at or about NZTopo50 BK39:327-093) downstream to the inland limit of the coastal marine area, at or about the State Highway 2 bridge, Clive, approximate map reference NZTopo50 BK39:364-113 “Clive River”. 2. The Applicants have assessed the values of these waters and consider that: a. The Upper Ngaruroro Waters have outstanding amenity and intrinsic values which are afforded by the waters in their natural state and should be preserved in accordance with section 199(2)(a) and (c) of the Act. In particular, the Upper Ngaruroro Waters have outstanding native fish and avifauna habitat values; outstanding trout fishery and angling values; outstanding wild, scenic and other natural characteristics; outstanding whitewater kayaking and rafting values; outstanding water quality and outstanding cultural and spiritual values and significance in accordance with tikanga Maori. b. The Lower Ngaruroro River has outstanding amenity and intrinsic values and contributes to outstanding characteristics in the Upper Ngaruroro Waters and should be protected in accordance with section 199(2)(b) and (c) of the Act. In particular, the Lower Ngaruroro River has outstanding native fish and avifauna habitat values; outstanding water quality values; outstanding jetboating values; and outstanding cultural and spiritual values and significance in accordance with tikanga Maori. This reach also contributes to the outstanding native fish values in the Upper Ngaruroro Waters by providing access to the sea for migratory species. c. The Clive River has outstanding cultural and spiritual values and significance in accordance with tikanga Maori and should be protected in accordance with section 199(2)(bv) and (c) of the Act. Page 4 of 112 3. The substantive matters for the application are outlined in the following sections: Section A describes the waters that are the subject of this application. Section B lists the reasons for making this application, identifying the outstanding values and characteristics to be recognised and sustained. Section C describes the restrictions and prohibitions sought by the Applicants. Section D provides commentary on matters that shall be considered by a Special Tribunal. Section E provides relevant information about the Applicants. Bryce Johnson Margaret McGuire Hone McGregor Andy Garrick Akenehi Paipa Vaughan Cooper David Street Graeme Wilson December 2015 Page 5 of 112 SECTION A - DESCRIPTION OF THE WATERS SUBJECT TO THE APPLICATION 4. When making an application for a water conservation order, section 201(2a) of the Act requires the applicant to identify the water body that the application applies to. 5. The waters that are the subject of this application are: a. The mainstem of the Ngaruroro River and all of its tributaries and contributing waters (including hydraulically connected groundwaters and wetlands), from its source in the Kaimanawa Ranges down to Whanawhana cableway (at or about NZTopo50 BK37:918-158), "Upper Ngaruroro Waters", and b. The mainstem of the Ngaruroro River from Whanawhana cableway (at or about NZTopo50 BK37:918-158) downstream to the inland limit of the coastal marine area (at or about NZTopo50 BK39:354-127), “Lower Ngaruroro River”, and c. The tributaries and hydraulically connected groundwater to the Lower Ngaruroro River; and d. The mainstem of the Clive River from the Raupare Stream confluence (at or about NZTopo50 BK39:327-093) downstream to the inland limit of the coastal marine area, at or about the State Highway 2 bridge, Clive, approximate map reference NZTopo50 BK39:364-113 “Clive River”. 6. These waters are described below, and depicted on maps and in aerial photographs presented at the conclusion of this section. Overview of Ngaruroro River catchment 7. Figure 1 shows the Ngaruroro catchment. The covers parts of the following NZTopo50 map series sheets - BH36, BH37, BJ36, BJ37, BK36, BK37, BK38, BK39. 8. The Ngaruroro River is the second largest river system in Hawkes Bay, at approximately 2000km2 in area. The catchment lies between the Mohaka River to the north and the Tukituki River to the south. Its source is the Kaimanawa and Kaweka Ranges of the central plateau, and the northern Ruahine Ranges. 9. Snow lies over much of the higher slopes in the upper catchment during winter, but there are no permanent snowfields. The headwaters are strongly influenced by volcanic and tectonic activity resulting in an uplifted, but steeply incised landscape with several broad basins. 10. The Ngaruroro River flows in south-easterly direction before entering the Pacific Ocean between Napier and Hastings, via Waitangi Estuary, approximately 150km from its source. The river has a gravel bed for its entire length. 11. Waitangi Estuary is the combined mouth for the Tutaekuri, Ngaruroro and Clive rivers. The Clive River occupies a channel formerly occupied by the lower Ngaruroro River prior to it being relocated to its current position north of Clive in 1969. 12. The Ngaruroro River is part of the National River Water Quality Network (NRWQN) of monitoring sites administered by NIWA. There are two NRWQN sites on the river: Kuripapango in the upper catchment, downstream of where the river
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