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 leaves the
Page 6 of 112 Conservation Estate; and Chesterhope Bridge on the outskirts of Hastings in the lower river. There are long-term hydrometric recording stations at each site. These sites have been monitored using consistent methods since 1989 and provide a high quality record of water quality and flow over this time. Hawkes Bay Regional Council also operates a hydrometric site on the river at Whanawhana. This site has been in operation since 1960. Key flow statistics for the sites are (Ausseil 2009):
Flow Statistics (L/s) Kuripapango Whanawhana Chesterhope Median 11,727 24,983 25,176 7-day MALF 4,118 7,873 5,642 Minimum flow 849 1,401 2,141 Data record 1963-2008 1960-2008 1976-2008
13. Floods can occur throughout the year but the largest and most sustained flood events tend to be in late summer. Floods and freshes have an important part to play in maintaining the form and character of the river and its associated habitats – particularly the braided reach between Whanawhana and Fernhill. Low flows are most common towards the end of summer.
14. The catchment area above Whanawhana is approximately 1100km2 (54% of total catchment), provides a considerable proportion of the baseflow in the lower catchment. For example at median flows, it appears that the catchment above Whanawhana provides 99% of the flow recorded at the Chesterhope site, but this does not take into account losses to groundwater in the lower catchment (which may be as high as 20% of median flow) and water abstraction.
15. Under low flow conditions the Ngaruroro River loses flow to groundwater and abstraction in the reach extending from Maraekakaho to the sea. In severe droughts the river is known to run dry completely for a short length downstream of Fernhill. There are no consented water takes from the upper catchment (above Whanawhana).
16. Water quality in the upper Ngaruroro catchment (above Whanawhana) is very high, reflecting the mostly natural state of the upper catchment, and the lack of point and non-point source discharges to these waters. Water quality at the Chesterhope site (lower catchment), although slightly degraded, is still very good when compared with other similarly located sites in similarly sized catchments within New Zealand. This is in spite of the range of intensive land uses within the lower catchment. Water quality in the Clive River is significantly degraded as a result of urban development and intensive land uses.
17. The Upper Ngaruroro Waters, Lower Ngaruroro River, and Clive River, are described in more detail below.
Upper Ngaruroro Waters
18. Figure 2 depicts the mainstem and tributaries included within the definition of “Upper Ngaruroro Waters”.
19. For the purposes of this application, the Upper Ngaruroro Waters include all surface waters and hydraulically connected groundwaters in the Ngaruroro River catchment located upstream of the Whanawhana cableway. That is, the Upper Ngaruroro
Page 7 of 112 Waters include any waters which contribute flow to the Ngaruroro River mainstem at the Whanawhana cableway.
20. The Upper Ngaruroro Waters rise on the northeast flank of the central volcanic plateau, southeast of Taupo and north of the Napier-Taihape highway. After leaving the tussock country of the upland plateau at the top of the catchment, the river flows through a series of gorges within the Kaweka Forest, to pass between the Kaweka and Burns ranges at Kuripapango, where the Napier-Taihape highway crosses the river. From here, the river continues south through further gorges where it is joined by the Taruarau River, its major tributary, a short distance upstream of Whanawhana. At this point the catchment is draining parts of the Kaimanawa, Kaweka and Ruahine ranges.
21. The Upper Ngaruroro Waters are one part of a complex of four significant catchments originating from the central North Island high country; the others being the Tongariro, Rangitikei and Mohaka rivers. Water Conservation Orders protect long reaches of the Rangitikei and Mohaka rivers.
22. The upland basins and valleys are dominated by tussock, with native forest on the steeper land. The Taruarau basin is dominated by regenerating shrub cover following significant historical fires. Some exotic production forests exist on Crown land under forest lease east of Kuripapango, and there is an area of private farmland in the lower Taruarau catchment.
23. Land tenure within the Upper Ngaruroro Waters is mostly Crown land managed by the Department of Conservation or Maori trust land, with a limited amount of private land in the lower Taruarau catchment (Figure 3).
24. The undeveloped nature of the Upper Ngaruroro Waters means this part of the catchment is in an almost natural state, with near pristine water quality and unaltered flows. The Upper Ngaruroro Waters contain outstanding native fish and bird habitat, trout fishery, outstanding landscape, water quality, recreation (angling and whitewater rafting/kayaking), and cultural values. These values are described in more detail in Section B of this application.
25. Potential threats to these values include hydroelectric power generation proposals and intensification of land use. The Ngaruroro catchment has been the subject of numerous hydroelectricity generation investigations in the past. These investigations have concentrated mainly on the Ngaruroro Gorge (below Kuripapango), and the Taruarau River. None of these investigations has advanced much beyond an initial assessment of hydrology, geology, dam locations, and feasibility.
26. Opportunities for land use intensification, primarily conversion of land to farming, are restricted given the land tenure, topography, and access difficulties in the upper catchment.
Lower Ngaruroro River
27. The “Lower Ngaruroro River” is shown at Figure 4.
28. For the purposes of this application, the “Lower Ngaruroro River” covers only the Ngaruroro mainstem from the Whanawhana cableway to the inland limit of the coastal marine area, located just upstream of Waitangi Estuary. For clarity, all tributaries,
Page 8 of 112 wetlands, and connected groundwaters are excluded from this definition either because they contain no outstanding values, or there is insufficient information as to whether the values are outstanding. However the tributaries and connected groundwater do require inclusion in the Order due to the contribution they make to the water in terms of flow and quality, and thus the outstanding values of the mainstem.
29. Below Whanawhana, the Ngaruroro River leaves the confines of the Long Fellow Range and emerges onto the Heretaunga Plains, where there is a significant change in the character of the catchment and river.
30. There is a general flattening-out of the terrain and almost all of the original native vegetation has been cleared. Agricultural land uses dominate, with several large- scale dairy operations, viticulture, and horticulture (Figure 5) (Ausseil 2009). Land use intensifies in a downstream direction. There are very few settlements in the catchment.
31. The Lower Ngaruroro River can be divided into three distinct reaches:
The 50km long braided reach, from Whanawhana to Fernhill, is the longest and least modified example of braided river remaining in the North Island (Figure 6). The reach is relatively unmodified with a limited amount of gravel extraction, no major river engineering works, but there is considerable water abstraction. In terms of river engineering, discontinuous stopbanks exist upstream of Fernhill on both banks, and there are extensive willow plantings along both banks, however, these have had little impact on the braiding character of the river through this reach. The 11km long flood control reach, from Fernhill to the inland limit of the coastal marine area, is highly modified by stop-banking, channelization, bank protection works, channel realignment, beach raking and gravel extraction (Figure 7). Through this reach the river has been reduced to a single channel of low sinuosity. Much of this reach was created through realignment of the lower river in 1969. The estuary reach, extending from the inland limit of the coastal marine area to the sea (approximately 1km in length) and including all of Waitangi Estuary, is similarly highly modified, mainly as a result of a significant realignment of the lower part of the Ngaruroro River in 1969. The Ngaruroro River shares the estuary with the Tutaekuri and Clive rivers (Figure 8)
32. There are approximately 85 water take consents in the lower Ngaruroro catchment. According to Harkness (2010) the consented allocation from the Ngaruroro River is more than double Hawkes Bay Regional Council’s Regional Resource Management Plan (RRMP) limit, based on 2008 data. Actual water use is less clearly described, due to a lack of abstraction data. The Lower Ngaruroro River is over-allocated in terms of water abstraction. Proportionately, pastoral and orchard land uses take most of the allocation.
33. Despite the level of land development alongside the Lower Ngaruroro River, water quality is still surprisingly good. From Ballantine et al. (2010) water quality at the Chesterhope site was ranked:
19th (out of 76 sites) in the country for contact recreation 32nd for nutrient indicators, and 36th for biological health
Page 9 of 112 34. Although water quality declines between the upper (Kuripapango) and lower (Chesterhope) Ngaruroro sites, water quality at Chesterhope still places the Ngaruroro in the top-10 sites in New Zealand relative to comparable catchments. The key water quality limitation in the lower catchment is water clarity (the source of the sediment contributing to this issue is currently unknown).
35. Despite modification the Lower Ngaruroro River contains outstanding native fish and bird habitat, water quality, recreation (jetboating), and cultural values, and contributes to the outstanding native fish values in the Upper Ngaruroro Waters. These values are described in more detail in Section B of this application.
36. Potential threats to these values include continued and/or additional over-allocation of the water resource, further intensification of land uses (especially dairying), and significant river engineering works. Land use intensification typically brings an increased demand for water and a corresponding increase in contaminant losses.
37. Given the over-allocated state of the Lower Ngaruroro River, further allocation of water from the river will be extremely difficult to justify. As such, water storage is the most likely scenario. Water storage on the mainstem is problematic, so the most likely option is storage within tributary catchments. HBRC has carried out some preliminary investigations of water storage options of this type.
38. This application does not seek to restrict development of water storage in tributary catchments of the Lower Ngaruroro River. In fact, the Applicants have no opposition to water storage if the values identified as part of this application are protected.
39. No large-scale river engineering works are proposed in the foreseeable future, and the current river management procedures Hawkes Bay Regional Council is operating under appear to be minimising the adverse impact of such works on the river and its values.
Clive River
40. The reach of the Clive River making up the “Clive River” is shown in Figure 8.
41. The Clive River occupies the channel formerly occupied by the lower Ngaruroro River prior to it being relocated to its current position north of Clive in 1969 for flood protection purposes. As such, there was no Clive River prior to the relocation of the Ngaruroro River. The Clive River is now fed by the Karamu Stream which drains an area between Hastings and Havelock North. This area includes urban and peri-urban development and intensive horticultural and orchard land uses.
42. The Clive River is approximately 7km long, extending from the Raupare Stream confluence to Waitangi Estuary. This length of waterway is tidally influenced, with low water quality as a result of urban and rural runoff and discharges.
43. Kohupatiki marae, of Ngati Kahungunu, is located on the banks of the Clive River. The hapu considers the Clive River outstanding from a cultural perspective, because of its connection to the Ngaruroro River – Ngati Kahungunu’s awa.
44. Any further decline in water quality or flow, or additional channelization, would diminish the awa’s mauri.
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Maps and Photos
Figure 1: Ngaruroro catchment
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Figure 2: Upper Ngaruroro Waters
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Figure 3: Land tenure in the Upper Ngaruroro Waters
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Figure 4: Lower Ngaruroro River
Figure 5: View of the lower reach of the Ngaruroro River, upstream of Fernhill, showing the mixture of land uses in the lower catchment – extensive sheep and beef on the hills, irrigated sheep/beef and dairy along the river margins, grading into viticulture and horticulture on the flat country between Fernhill and Hastings.
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Figure 6: Typical view of the braided reach of the Ngaruroro River between Whanawhana cableway and Fernhill, approximately 1km downstream of Whanawhana cableway.
Figure 7: Typical view of the flood control reach of the Ngaruroro River between Fernhill and Chesterhope Bridge, at Chesterhope Bridge (Pakowhai Road).
Page 15 of 112 Downstream limit of Lower Waitangi Estuary Ngaruroro River Tutaekuri River
Downstream limit of Clive River Ngaruroro River
Clive River
Kohupatiki marae
Chesterhope Bridge Raupare Stream confluence
Figure 8: View of the lower Ngaruroro River, and the Clive River, showing the downstream limits of both rivers and boundary with the coastal marine area. Waitangi Estuary is the mouth of the (from north to south) Tutaekuri, Ngaruroro, and Clive rivers.
Page 16 of 112 SECTION B - OUTSTANDING VALUES AND CHARACTERISTICS
45. When making an application for a Water Conservation Order, section 201(2)(b) of the Act requires that the applicant shall state the reasons for the application, with reference, where practicable, to the matters set out in sections 199, 200, and 207 of that Act.
46. The reasons for this application are:
a. to recognise and sustain the outstanding amenity and intrinsic values and outstanding characteristics of the Upper Ngaruroro Waters by preserving them in their natural state;
b. to recognise and sustain the amenity and intrinsic values of the Lower Ngaruroro River by protecting their outstanding characteristics and the contribution they make to the outstanding characteristics of the Upper Ngaruroro waters, and
c. to recognise and sustain the amenity and intrinsic values of the Clive River by protecting its outstanding characteristics.
47. The Applicants consider the Upper Ngaruroro Waters have outstanding amenity and intrinsic values that should be preserved by a Water Conservation Order.
48. As described in Section A the undeveloped nature of the Upper Ngaruroro Waters means this part of the catchment has almost natural state water quality and flows. The Upper Ngaruroro Waters support outstanding native fish and avifauna habitat; trout fishery; wild, scenic and natural character; recreation (angling and whitewater rafting/kayaking); and cultural values. The Applicants consider that the Upper Ngaruroro Waters should be preserved in their current near-natural state.
49. The Applicants consider the Lower Ngaruroro River has outstanding amenity and intrinsic values in their own right, and also contribute to the outstanding values in the Upper Ngaruroro Waters, and that these values should be protected by a Water Conservation Order.
50. As described in Section A the Lower Ngaruroro River is not considered to be in a natural state, however, despite considerable modification the Lower Ngaruroro River contains a number of outstanding values and contribute to the outstanding values in the Upper Ngaruroro Waters. The Lower Ngaruroro River contains outstanding native fish and avifauna values; water quality; recreation (jetboating in the braided reach), and cultural values, and contributes to the outstanding native fish values in the Upper Ngaruroro Waters. The Applicants consider the Lower Ngaruroro River should be protected in its current modified state.
51. The Applicants consider the Clive River has outstanding amenity and intrinsic values, and that these values should be protected by a Water Conservation Order.
52. As described in Section A the Clive River is not considered to be in a natural state, however, despite considerable modification the Clive River is of outstanding cultural and spiritual significance in accordance with tikanga Maori. The Applicants consider the Clive River should be protected in its current modified state. 53. The specific values of the Upper Ngaruroro Waters, Lower Ngaruroro River, and Clive River that the Applicants consider to be outstanding, including any contributory
Page 17 of 112 waters, are described in more detail below in relation to the purpose of water conservation orders set out in section 199 of the Act. 54. In addition to the outstanding values described within this application, the Applicants have identified that the Waitangi Estuary is outstanding for avifauna, native fish and cultural values. However, because the estuary is located within the coastal marine area it cannot be considered for recognition or protection as part of a Water Conservation Order. 55. The Applicants have also identified a number of characteristics/values within the Ngaruroro catchment that do not meet the outstanding threshold but are considered regionally significant. As such, they have been highlighted for possible protection through future regional planning and resource consent processes. These values include: The trout fishery in the braided reach of the Ngaruroro River and Poporangi Stream (lower catchment tributary), The whitewater kayaking resource of the Taruarau River, Native bird habitat provided by wetlands in the lower catchment, and The recreational (rowing, fishing and whitebaiting) resource of the Clive River.
56. In addition, the adjacent Waitangi Estuary, which is seaward of the coastal marine area boundary and therefore beyond the scope of a WCO, supports significant native fish populations and important endemic and native bird species. 57. The description of values presented in this section should be read in conjunction with the supporting documentation provided in the Annexes to this Application. The value descriptions generally summarise the Applicant’s background reports presented in the Annexes, although in some cases additional interpretation is provided in the document. Key documents referenced in the background reports are included in the Annexes for completeness. To avoid unnecessary duplication in the document cross- referencing between value descriptions is used where these descriptions rely on the same information.
B1 Outstanding as a habitat for terrestrial or aquatic organisms
58. Under section 199(2)(b)(i) of the Act a water conservation order may provide for the protection of a water body that contributes to or is considered to be outstanding as a habitat for terrestrial or aquatic organisms. The Upper Ngaruroro Waters provide outstanding habitat for trout; native fish; and avifauna.
59. The Lower Ngaruroro River provides outstanding habitat for native fish and avifauna, and contributes to the outstanding native fish habitat of the Upper Ngaruroro Waters.
60. The outstanding native fish, avifauna and rainbow trout habitat values are described below. The outstanding trout angling values are described in section B3.1.
B1.1 Outstanding native fish habitat
61. The Applicants consider the Ngaruroro catchment provides outstanding habitat for native fish on the basis of:
Species diversity, biotic integrity and the proportion of threatened species present
Page 18 of 112 Water quality and food availability (as described in sections B1.3 and B2.2) The near-natural condition of the upper catchment The presence of braided and estuarine habitat in the lower catchment, and Uninterrupted fish passage between source and sea
62. A total of 20 species of fish and one crustacean have been identified in the Ngaruroro catchment since the mid 1980’s in the New Zealand Freshwater Fish Database administered by NIWA and in Walls (2005). Of these species eleven are endemic to New Zealand (only breed in New Zealand) and a further nine are native (naturally occur and breed in New Zealand – but may also breed in other countries). Additionally, there are database records for unidentified eel, bully, salmonid and flounder species (refer background report, Annex 2). Three introduced species were found, including the pest species Gambusia affinis.
63. New Zealand’s freshwater fish and invertebrates have been ranked in terms of their conservation threat status (Allibone et al. 2010) using the New Zealand Threat Classification System (Townsend et al. 2008)1. In total, nine endemic or native species occurring in the Ngaruroro catchment are classified as ‘at risk - declining’, including koura (freshwater crayfish) (Table 1). All of these species, except lamprey are present in the Upper Ngaruroro Waters or Lower Ngaruroro River.
64. Many species in the Ngaruroro catchment, such as koaro, bluegill bully and torrentfish have had their conservation threat status increased from ‘not threatened’ to ‘at risk - declining’ to reflect the more serious effort needed to reverse the decline in native freshwater fish to prevent species extinctions (Allibone et al. 2010). All native fish species in New Zealand have experienced population declines in recent decades in response to habitat loss, water takes and discharges (Joy 2009).
65. Diadromy (migration between freshwater and marine environments) is a characteristic in a large proportion of New Zealand’s native and endemic freshwater fish species. This lifecycle characteristic has significant ramifications when considering species’ needs for migration pathways, in particular water quality, flows, and access to suitable habitat between the upper catchment and the sea.
1 In very simple terms the New Zealand Threat Classification System contains the following categories for endemic and native faunal species: Extinct – the species no longer exists or is no longer functional Threatened – Nationally critical, endangered and vulnerable. Species with low numbers, rapidly declining, and at risk of imminent extinction At Risk – declining, recovery, relict, and uncommon. Species that do not meet the threatened status, but are nonetheless still declining Not threatened – species not under threat from decline/extinction Placement of a species within this classification system is based upon: Total number of mature individuals Ongoing or predicted population trend (due to existing threats) Total number of populations Number of mature individuals in the largest population Area of occupancy of the total population In general terms, species with a status of: ‘Threatened’ have a small base population, occupy a relatively small area and the population is expected to decline by 30-70% within the next 10 years (without intervention) ‘At risk – declining’ have a population that is predicted to reduce by 10-70% within the next 10 years (without intervention).
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Table 1: Conservation threat status, migration behaviour, and location of fish and koura species recorded in the Ngaruroro River and its tributaries.
Lower
River
Common name Conservation status2
Migratory River Upper Braids control Flood Estuary ENDEMIC SPECIES Black flounder Not threatened Bluegill bully At risk – declining Common bully Not threatened Cran’s bully Not threatened Dwarf galaxias (Northern) At risk – declining Giant bully Not threatened Koura/freshwater crayfish Gradual decline Longfin eel/tuna At risk – declining Redfin bully At risk – declining Smelt Not threatened Torrentfish At risk – declining
NATIVE SPECIES Cockabully/estuarine triplefin Not threatened marine Inanga At risk – declining Koaro At risk – declining Lamprey/piharau/kanakana At risk – declining Shortfin eel/tuna Not threatened Yelloweye mullet Not threatened marine Grey mullet Not threatened marine Kahawai Not threatened marine
66. The Applicants seek preservation of the outstanding freshwater fauna habitat afforded by the Upper Ngaruroro Waters in their natural state; protection of the outstanding freshwater fish habitat afforded by the braided reaches; and maintenance of the contribution the flood control reach makes to the outstanding freshwater fauna habitats elsewhere in the catchment. The specific freshwater fauna values and what is required to protect them for each of these reaches are detailed below.
B1.1.1 Upper Ngaruroro Waters
67. Longfin eel, torrentfish and koaro are recorded in the upper Ngaruroro catchment. These three species are all classed as ‘at risk – declining’ (Allibone et al. 2010) and although their preferred habitats are largely found in the middle and upper river reaches, their migratory lifecycle means adequate passage throughout the lower river and access to the sea is critical to their continued survival. Habitats with forested
2 As per Allibone et al. (2010) for fish, and Hitchmough et al. (2007) for koura.
Page 20 of 112 riparian margins and a natural flow regime are critical factors for successful reproduction of koaro, which spawn in marginal forested vegetation during autumnal rises in river level.
68. The three upper river species also require stable substrate and flows, cool well- oxygenated water, high water quality, and adequate food supply. These requirements are all readily met by the near-natural condition of the Upper Ngaruroro Waters (as described in sections B1.3 and B2.2).
69. During recent field investigations (drift-diving and electro-fishing) of the rainbow trout values of the Upper Ngaruroro River, healthy populations of longfin eel, torrentfish and koaro were observed. One of the researchers doing this work noted the longfin eel population of the Upper Ngaruroro River was the equivalent of or better than most other central North Island rivers he has observed (Glenn Maclean, The Catalyst Group, pers. comm.)
70. The Applicants seek to preserve the Upper Ngaruroro Waters in their natural state in order to protect the outstanding native fishery values.
B1.1.2 Lower Ngaruroro River
71. The Lower Ngaruroro River contains the greatest diversity of freshwater fish species in the catchment. This is consistent with known habitat preferences for native and endemic fish species with average species diversity and abundance decreasing with distance from the sea (Jowett and Richardson 1996) and elevation (Joy and Death 2001). Low altitude habitat preferences result from the diadromous (migratory) nature of many native fish that require access between riverine and marine habitats to complete their life-cycle.
Braided Reach
72. River braiding occurs in response to catchment geology, channel slope, flow regime, and sediment type and availability. Internationally, braided rivers are rare, and although relatively common in the South Island, they are becoming increasingly rare in the North Island. Nationally, braided river habitat is disappearing as a result of dams, water takes, river engineering, encroachment of farmland, and invasive weeds.
73. The Ngaruroro River is the best example of braided river habitat remaining in the North Island, and contributes significantly to New Zealand’s total braided river habitat (3-5% of the national total) (Stephenson 2010). This section of the Lower Ngaruroro River is largely intact, with relatively little physical modification, although water abstraction impacts are present during summer. Other examples of braided river habitat in the North Island include sections of the Tukituki River (Hawkes Bay), Ruamahanga River and Otaki River (Wellington), Rangitikei River (now only semi- braided (Manawatu)), and Whangaehu (Ruapehu).
74. Braided rivers are valuable ecologically because of the variety of aquatic habitats they support across a range of water depths, flow velocities, and channel/bed structures. This diversity in habitat types is reflected in the diversity of fish species present. Reflecting the scarcity of braided river habitat in the North Island, 60% of the species present in this reach are considered ‘at risk – declining’.
Page 21 of 112 75. The recently updated conservation threat classification for native fish (Allibone et al. 2010) upgraded the threat status for the riffle and run dwelling species (torrentfish, bluegill bully, koaro and redfin bully), as Freshwater Fish Database records showed significant declines in the presence of these species over the last 10 years with the lowest proportional occurrence in the database recorded between 2000-2009.
76. The braided reach provides outstanding habitat for all four of the ‘at risk – declining’ species noted above, and given the number of records and abundance noted, particularly for torrentfish, in the Ngaruroro River this reach can be considered to provide exceptional torrentfish habitat. Torrentfish are the most flow-demanding of New Zealand’s indigenous fish fauna (Jowett and Richardson 2008), with optimum flow requirements exceeding those of trout.
77. There is a high diversity of bully species, with five representatives from the Gobiomorphus genus present, two of which are ‘at risk – declining’ (redfin and bluegill bully).
78. Good populations of dwarf galaxias are also present (a non-migratory endemic species considered ‘at risk – declining’). The non-migratory nature of these galaxids means any loss of habitat within their current range is a significant risk for future populations because they are not able to re-establish from inward larval migration from the sea in the way that migratory species can. Dwarf galaxids prefer slow- flowing back-water habitats which are common in the variable habitat types found in the braided reach.
79. Black flounder (patiki) are known to travel some distance inland, and there are several records of sightings in the braided reach. Black flounder are found throughout New Zealand, but there are few records of sightings for the North Island. As such, the four records for the Ngaruroro River should be considered significant.
80. Water quality, flows, active channel width, a diversity of habitat types, and fish passage between source and sea must be maintained.
81. The minimum flow and allocable volume for the Ngaruroro River at Fernhill in the Regional Resource Management Plan (RRMP) are 2400L/s and 956,189m3/week (1581L/s), respectively. According to Harkness (2010) consented water allocation from the Ngaruroro was more than double the RRMP allocable volume; although actual water use is less clear due to a lack of records. As such, the Ngaruroro can be considered an over-allocated catchment (which has ramifications with respect to implementation of the National Policy Statement for Freshwater Management (2014).
82. An investigation by Hawkes Bay Regional Council (Johnson 2011) using IFIM (Instream Flow Incremental Methodology) confirmed the RRMP minimum flow is insufficient to protect the instream habitat values of many of the native fish present in the Ngaruroro River. Johnson (2011) determined the minimum flows required to retain 90% of habitat at MALF (Mean Annual Low Flow) for the different species studied in the Ngaruroro were:
1200L/s for redfin bully 2700-2800L/s for longfin eel 2900L/s for koaro 3900L/s for bluegill bully3
3 A minimum flow of 3900L/s is recommended to protect the regionally significant rainbow trout fishery of the lower Ngaruroro River.
Page 22 of 112 4000L/s for general macroinvertebrates 4200L/s for torrentfish
83. Accordingly, the flow required to ensure a high level of protection of all native fish species in the Ngaruroro River is 4200L/s (Johnson 2011), based upon the most flow demanding fish species (torrentfish).
84. In spite of the current flow allocation regime’s failings, outstanding native fish (i.e. species and habitat diversity and presence of threatened species) and water quality values exist throughout the length of the catchment. What is less clear is if the current regime is sufficient to maintain these values long term, as there is a paucity of data on trends in native fish populations and water quality.
85. The issue of surface water allocation and management is a critical one for the Ngaruroro catchment to ensure the outstanding values are protected and to provide security for existing water users. As such, a cautionary approach to the issuing of surface water and connected groundwater take consent applications is warranted, especially where new (versus existing) activities are involved.
86. To be effective in protecting native fish values in the Lower Ngaruroro River, any flow allocation regime will need to include a minimum flow, an allocable volume, an indication of the range of flows over which the allocable volume applies (e.g. flows less than 3x median flow), the priority given to existing versus new users, and priority of use.
87. The Applicants acknowledge Hawkes Bay Regional Council is currently undertaking an assessment of the Ngaruroro surface water and groundwater resources, in order to develop a new water allocation framework for the catchment, as part of a plan review process.
Flood control reach 88. The flood control reach of the Ngaruroro River shares many of the freshwater fauna values of the upstream braided reach, but fish density and diversity is slightly lower due to the highly modified nature of the channel. The current condition of the river through this reach (water quality, flows and remaining habitat), does not appear to be limiting the movement of migratory fish between the upper catchment and sea.
89. Water quality, flows, and fish passage between source and sea must be maintained in order to protect the native fishery values.
Ngaruroro (Waitangi) Estuary 90. While beyond the boundary of the proposed WCO, it is worth noting that the estuary provides habitat for marine wanderers such as the yelloweyed and grey mullet, kahawai and estuarine triplefin (cockabully), and the black flounder (patiki) which is known to penetrate some distance inland. Black flounder are found throughout New Zealand, but there are few records of sightings for the North Island. As such, the four records for the Ngaruroro River should be considered significant.
91. Inanga, found throughout the mid to lower reaches of the river, are estuarine spawners. Their ‘at risk – declining’ conservation status is largely linked to their reliance on estuarine spawning habitat, a habitat type which is under threat nationally. Records show some observations of inanga as being common or abundant. All existing inanga spawning habitat in the estuary should be considered significant.
Page 23 of 112 92. Walls (2005) identified the estuary as regionally significant for its native and estuarine fish values, inanga spawning, and as a nursery for marine wanderers such as flounder, mullet and kahawai.
B1.1.3 Tributary Catchments
93. Freshwater fish values of tributary catchments and wetlands/lakes to the Lower Ngaruroro River cannot be assessed due to an absence of survey records in the Freshwater Fish Database.
B1.1.4 Species Diversity Significance
94. To determine whether the communities of native fish in the Ngaruroro catchment are outstanding in the national context, a fish Index of Biotic Integrity (fish IBI) was calculated for five key reaches of the Ngaruroro River. The IBI model uses actual surveyed fish data to enable comparisons between sites, taking into account the effects of altitude and distance from the sea on fish diversity (Joy 2009).
95. Sites at low elevation and close to the coast naturally have more diverse fish communities, as migratory fish can access this habitat more easily than sites further inland and at higher elevation (Jowett and Richardson 1996; Joy and Death 2001). The fish IBI model is a peer-reviewed and nationally applicable method for assessing how far a fish community is from a natural ‘intact’ state (refer IBI analysis, Annex 2).
96. IBI scores were compared to national scores reported in Joy (2009) to determine whether the fish communities were nationally outstanding. As part of a national comparison all five sites received an excellent score, placing them well within the top 5% of sites nationally for ecological integrity. Incidentally, all five Ngaruroro sites are ranked top or top equal in the Hawkes Bay region.
97. Out of a possible maximum IBI score of 60, sites in the braided reach and estuary scored 58, with the flood control and upper river reaches scoring 56. An ‘excellent’ score (IBI score >50) is what would be expected at a site that is ecologically ‘intact’. The four sites in the Lower Ngaruroro River received excellent scores, despite the differing levels of channel modification, and the high proportion of pastoral (and more intensive) land uses in the lower Ngaruroro catchment.
98. The national average IBI score for sites dominated by pastoral land uses has declined from a long-term average of just under 30, to an average of 27.5 over the last 10 years, whereas sites dominated by indigenous forest had average IBI scores of approximately 36 over a 30 year record. All sites in the Ngaruroro catchment exceeded these long-term averages by quite a margin, even against ‘low disturbance’ sites, highlighting the outstanding levels of native fish integrity present in the catchment.
B1.1.5 Summary
99. The Ngaruroro catchment provides outstanding native fish habitat on the basis of its physical characteristics, high water quality, and the fact it supports a significant diversity of species, many of which are classified as threatened. In recognition of this,
Page 24 of 112 the Applicants seek preservation of the outstanding freshwater fauna habitat afforded by the Upper Ngaruroro Waters in their natural state; protection of water quality, flows, and fish passage between source and sea in the Lower Ngaruroro River; and protection of the active channel width in the braided reach of the Lower Ngaruroro River. Protection of the outstanding native fish values of the Lower Ngaruroro River will also provide a high level of protection to the outstanding native fish values present in Waitangi Estuary.
100. The Applicants do not seek to halt or restrict operation of the Ngaruroro flood and drainage control scheme. However, if successful, this Water Conservation Order will signal to the scheme manager the need to take into account native fish values when planning and undertaking works (e.g. sediment discharges and disturbance of the wetted bed of the channel). Recognition of native bird values along the river have already been incorporated into scheme management documents.
Figure 9: Large longfin eels, upper Ngaruroro River
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Figure 10: Large koaro, Omarukokere Stream, Upper Ngaruroro Waters
Figure 11: Torrentfish – present throughout the Ngaruroro catchment, and especially the braided reach
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Figure 12: Red fin bully - present throughout the Lower Ngaruroro River, especially the braided reach
B1.2 Outstanding avifauna habitat
101. The Applicants consider the Ngaruroro catchment provides outstanding habitat for native birds on the basis of:
Species diversity, and the proportion of threatened species present Water quality and food availability (as described in sections B1.3 and B2.2) The near-natural condition of the upper catchment, and The presence of braided and estuarine habitat in the lower catchment
102. A total of 93 species of bird have been recorded in the Ngaruroro catchment since the early 1960s. This species diversity is largely driven by the presence of intact braided river habitat in the reach between Whanawhana and Fernhill, Waitangi estuary, and the wetlands in both the upper and lower catchment.
103. Of these species 28 are endemic to New Zealand (only found in New Zealand) and an additional 44 are native (naturally occur and breed in New Zealand – but may also breed in other countries) (refer background report, Annex 3). Using the New Zealand Threat Classification System (Molloy et al. 2002) New Zealand’s birds have been ranked in terms of their risk of extinction in the wild (Miskelly et al. 2008). In total, 27 endemic or native species that occur in the Ngaruroro catchment are classified as threatened or at risk of extinction in the wild. Twenty-two of these threatened or at
Page 27 of 112 risk species are confirmed to breed or overwinter within the catchment, and of these 12 breed/overwinter in the Upper Ngaruroro Waters and Lower Ngaruroro River (Table 2). A high representation of threatened and at-risk species is a characteristic of braided river systems in New Zealand.
104. Given the number of threatened and at risk species supported by the Ngaruroro River, and the size of the populations supported, the river should be considered as internationally significant bird habitat (Table 2). This is on the basis of the:
habitat regularly supporting vulnerable, endangered, or critically endangered species or threatened ecological communities - as per the Ramsar convention (O’Donnell, 2004) habitat regularly supporting 1% or more of the individuals in a population of one species or subspecies of waterbird (Ramsar convention), or threatened species (World Conservation Union (IUCN))4.
105. This view is further supported by Stephenson (2010) who states “the Ngaruroro River is clearly of importance on a regional and national level. It holds wildlife values that are of ‘significance’ from the point of view of the Resource Management Act 1991, and following the Sites of Special Wildlife Interest (SSWI) inventory initiated in the 1970s (Imboden 1978). Parrish (1988) gave the Ngaruroro River a rating of ‘High’ using the SSWI classification”.
106. Interestingly, a recent River Values Assessment (RiVAS) undertaken in Hawkes Bay region (Hughey et al. 2012) identified the bird habitat of the Ngaruroro River as being of only regional importance. This reduced score can be attributed to adoption of a 5% rather than a 1% population threshold (of a threatened species) to define significance.
Table 2: Location and breeding/overwintering status of threatened avifauna species along the Ngaruroro River (Parrish 1988, Robertson et. al. 2007, Stephenson 2010).
KEY: present ? recorded historically or very rarely
Lower
River
5
Winter status Winter River Upper Braids Estuary Common name Conservation status status Breeding ENDEMIC SPECIES Banded Dotterel Threatened, Nationally Vulnerable Black-billed Gull Threatened, Nationally Endangered Black-fronted Tern Threatened, Nationally Endangered Blue Duck Threatened, Nationally Vulnerable Fernbird At Risk, Declining New Zealand Dotterel Threatened, Nationally Vulnerable New Zealand Pipit At Risk, Declining
4 A 5% threshold has been used in previous WCO decisions to denote national significance, despite international conventions adopting a 1% threshold to denote international significance 5 The risk of a species becoming extinct in the wild as outlined in Miskelly et al. (2008).
Page 28 of 112 Lower
River
5
Winter status Winter River Upper Braids Estuary Common name Conservation status status Breeding Shore Plover Threatened, Nationally Critical ? South Island Pied Oystercatcher At Risk, Declining Variable Oystercatcher At Risk, Recovering Wrybill Threatened, Nationally Vulnerable ?
NATIVE SPECIES Australasian Bittern Threatened, Nationally Endangered Caspian Tern Threatened, Nationally Vulnerable Grey duck Threatened, Nationally Critical Pied Stilt At Risk, Declining Red-billed Gull Threatened, Nationally Vulnerable Reef Heron Threatened, Nationally Vulnerable ? ? White-fronted Tern At Risk, Declining White Heron Threatened, Nationally Critical
107. The population information, totals and percentages, of Threatened and At Risk water bird species in the Upper Ngaruroro Waters and Lower Ngaruroro River are set out in Table 3 (Stephenson 2010).
Table 3: The approximate national and local population size of threatened avifauna species within the Upper Ngaruroro Waters and Lower Ngaruroro River, where known (Stephenson 2010). Bolding indicates confirmed breeding on the mainstem or tributaries, blanks indicate
a knowledge gap.
6
Hawke’s Bay Population Bay Hawke’s Population Ngaruroro Population Bay % Hawkes of Population % National of Common name population National ENDEMIC SPECIES Banded Dotterel 25-50,000 2000 500 25 2 Black-billed Gull 15,000 400-600 4
6 National population estimates taken from Heather, B. & Robertson, H. (2005). The field guide to the birds of New Zealand. Revised Edition. Viking, Auckland.
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6
Hawke’s Bay Population Bay Hawke’s Population Ngaruroro Population Bay % Hawkes of Population % National of Common name population National Blue Duck 2-4000 20-307 1 Fernbird New Zealand Dabchick 2000 394 94 24 5 New Zealand Pipit South Island Pied Oystercatcher 90-100,000 6-10 0.01 Wrybill 4100
NATIVE SPECIES Australasian Bittern 500-750 Caspian Tern 3000 Grey duck ? Pied Stilt 30,000 200-450 20-25 1 Red-billed Gull 30,000+ White Heron 150-200
108. The Applicants seek preservation of the outstanding water bird habitat afforded by the Upper Ngaruroro Waters in their natural state; protection of the outstanding water bird habitat afforded by the braided and estuary habitat along the Lower Ngaruroro River in their current modified state; and maintenance of the contribution the flood control reach makes to the outstanding water bird habitat elsewhere along the Lower Ngaruroro River. The specific avifauna values and what is required to protect them for each of these reaches are detailed below.
B1.2.1 Upper Ngaruroro Waters 109. The Upper Ngaruroro Waters are characterised by steeply gorged hill country with varying coverage of native forest, scrub, open grasslands and pine forest. Three species of bird are present along the mainstem of the Ngaruroro River and/or its tributaries that are listed as threatened or at risk. Each of these species requires relatively intact native habitats to survive. This is exemplified by the nationally vulnerable Blue Duck (Whio). Blue Duck require fast flowing turbulent streams, high water quality, stable stream banks and a wide diversity, quality and abundance of aquatic insects. As such, they are a key indicator of river health. Water quality and the aquatic insect resource are described more fully in sections B1.3 and B2.2.
110. Coupled with being highly prone to predation by introduced mammals, widespread loss of suitable habitat (mainly due to dams) severely limits the distribution of Blue
7 John Cheyne, Hawkes Bay Fish and Game, pers comm.
Page 30 of 112 Duck nationally. The presence of Blue Duck in the Upper Ngaruroro Waters (20-30 individual adults – approximately 1% of the national population) is therefore a key indicator of the outstanding value of this part of the catchment.
111. To put this population in context, the national whio recovery plan (Glaser et al. 2010) has identified 8 whio security sites within New Zealand (i.e. whio strongholds). The target is to build a total population of 400 breeding pairs across these 8 sites, at an average of 50 pairs per site, by 2019. To date, the 50 pair target has only been achieved at the Manganuioteao River recovery site (which is protected by a WCO). The Ruahine whio population is recognised in the plan as a secondary or recovery site.
112. Two separate predator control projects, both partly located in the Ikawatea Stream catchment (the major tributary of the Taruarau River), are currently underway in a bid to protect and increase whio numbers in the area. The projects are joint initiatives involving the Department of Conservation, Maori Lands Trusts and volunteers. The two projects have been running for 6 years and 1 year respectively and there has been an observable increase in breeding success, and the number of adults in the area. The success of these projects will be aided through protection of wider habitat values (i.e. water quantity and quality), as per this application.
113. Fernbird (threat classification of At Risk, Declining) are present in the large intact wetland complex of the upper Taruarau catchment – Ngamatea East Swamp.
114. Water quality and flows and overall habitat intactness must be maintained if the avifauna population is to be protected.
B1.2.2 Lower Ngaruroro River Braided Reach
115. Braided river habitat is rare in the North Island, and the Ngaruroro River is the best example remaining (refer also section B1.1). The braided reach provides habitat for several threatened and at risk species that are reliant on this habitat type to breed. This reach of the river provides suitable conditions for a very high number (2-4% of national population) of Banded Dotterel and Black-billed Gulls to breed making it a nationally outstanding site for these species. This reach also supports the only breeding population of South Island Pied Oystercatcher in the North Island, again making it a nationally outstanding site for this species’ survival.
116. The nationally endangered Australasian Bittern has been sighted along the margins of this reach. Considering the low numbers of these birds nationally (500-750), and the restricted amount of suitable habitat available nationally, the presence of individual birds in this reach is very significant for this species. The reach likely provides foraging habitat, with adjoining tributary wetlands providing breeding and roosting habitat.
117. The braided section of the river also provides an abundance of habitat suitable for many wetland species to forage and roost in relative safety (e.g. herons, gulls, dotterels, plovers, and oystercatchers). This latter point is of significance as without the protection from predators provided by islands within the braided reach, the numbers of even the more common species in the wider area would be greatly reduced.
Page 31 of 112 118. In recognition of the importance this reach of the Ngaruroro River, it was identified as a Recommended Area for Protection (Heretaunga RAP 12), based upon the following description “The best and largest example of a braided river system in Hawkes Bay, the Ngaruroro River has high landscape and wildlife values. Large areas of relatively undisturbed habitat are available to a range of birds, the most significant being black-fronted and banded dotterels” (Lee 1994).
119. Water quality and flows and an active braided river channel width must be maintained.
Flood control reach 120. The flood control reach of the Lower Ngaruroro River, from Fernhill to Clive, is highly modified as a result of river engineering works and gravel extraction. Through this reach the river is artificially restricted to a single channel, and riparian vegetation is reduced to willows, grass and exotic weed species.
121. Unsurprisingly, this reach of the river provides little in the way of avifauna breeding habitat, and as such cannot be considered significant or outstanding. However, the reach does provide valuable foraging (feeding) habitat for a number of threatened and at risk species associated with the braided reach and Estuary (Stephenson 2010). As such, the flood control reach is important because of its supporting contribution to the outstanding avifauna values elsewhere along the Lower Ngaruroro River.
122. Water quality and flows must be maintained through this reach.
Ngaruroro (Waitangi) Estuary
123. Even though the estuary is technically outside the boundary of a potential WCO, the values it supports are relevant in a wider context. Despite high levels of human modification, the river mouth remains an important area for several of New Zealand’s endemic and native bird species. Most significantly, the estuary provides suitable breeding habitat for 2-5% of the nationally endangered Black-billed Gull population and overwintering habitat for 30-75 nationally endangered Black-fronted Terns (2% of the national population), making the estuary one of the key sites in the North Island for this highly endangered species (Stephenson 2010). Further, a large proportion of the Hawkes Bay’s population of the nationally vulnerable Banded Dotterel overwinters in this area. The presence of these species in the Ngaruroro (Waitangi) estuary, along with large numbers of more common species, is a key indicator of the important bird habitat.
B1.2.3 Summary
124. The Ngaruroro catchment provides valuable breeding, feeding, and overwintering habitat for significant numbers of several threatened bird species, as well as many other more common bird species. In recognition of this, the Applicants seek preservation of the outstanding water bird habitat afforded by the Upper Ngaruroro Waters in their natural state; protection of the outstanding water bird habitat afforded by the braided reach along the Lower Ngaruroro River in its current modified state; and maintenance of the contribution the flood control reach makes to the outstanding
Page 32 of 112 water bird habitat elsewhere along the Lower Ngaruroro River. Within the braided reach, maintenance of water quality, flows, and floodplain width are critical to protection of avian habitat values.
125. Protection of the outstanding avifauna values along the Lower Ngaruroro River will also provide a high level of protection to the outstanding avifauna values present in Waitangi Estuary.
Figure 13: Whio taking flight, upper Ngaruroro River
B1.3 Outstanding trout fishery
126. Under section 199(2)(b)(i) of the Act a water conservation order may provide for the protection of any water body which contributes to or is considered an outstanding habitat for aquatic organisms. Under section 199(2)(b)(ii) of the Act a water conservation order may provide for the protection of any water body which contributes to or is considered to be outstanding as a trout fishery. The Applicants consider the Upper Ngaruroro Waters support an outstanding rainbow trout fishery, on the basis of: Water quality (also refer section B2.2) Food type and availability (also refer section B2.2) Trout spawning, juvenile rearing and adult habitat, and The size, quality and density of adult trout
127. Rainbow trout were first introduced into New Zealand in 1883. World renowned fisheries have subsequently developed in the lakes of the central North Island, along with riverine populations in many of the larger North Island rivers. In the South Island good stocks occur in many upland and alpine lakes and rivers, and also at low elevations in the Waitaki River. The Ngaruroro River is one of approximately 45 rivers that provide anglers with the opportunity to fish for resident rainbow trout in a wilderness setting. The outstanding trout angling values supported by the Upper Ngaruroro Waters are described at section B3.1.
Page 33 of 112 128. Unfortunately, there is a paucity of historical data on the Ngaruroro fishery, so, where appropriate, observations and trends from the Rangitikei River are used to interpret the Ngaruroro data set. The Rangitikei River is a good comparison because the catchment drains the same part of the North Island as the Ngaruroro River, encounters similar climatic (drought and flood) conditions, contains a similarly prized rainbow trout fishery, the upper catchment is protected by a WCO, and there is a far more comprehensive data set. The Rangitikei River has a reputation amongst anglers as a premier trophy rainbow trout river.
129. The Lower Ngaruroro River supports a highly productive fishery that produces an abundance of smaller fish. The Applicants consider this a regionally significant rainbow trout fishery.
B1.3.1 Population differentiation
130. The life history of trout can be determined through analysis of otolith (ear bone) chemistry. As a trout grows it lays down daily layers of calcium carbonate around the otolith, each layer also incorporates trace elements present in the water at the time. The concentration of different trace elements reflects the basement geology or land use, and creates a unique geochemical signature specific to that part of the catchment. This signature can be identified by analysing the otoliths of young trout collected from each area. Analysing the chemistry of the otolith of an adult trout from the centre of the otolith (laid down when the fish was hatched) to the outside edge (present day), and comparing this with known signatures from around the catchment, it is possible to track where a trout has lived. Repeat this process on multiple fish and it is possible to develop the life and migration cycle for a trout population.
131. Otoliths from 27 adult trout spread throughout the upper Ngaruroro River from below Kiwi Creek through to Boyd, and from 16 immature trout at Maraekakaho were collected over summer 2012/13 and analysed (Gabrielsson and Goodwin 2013). The results indicate that rainbow trout in the upper Ngaruroro River spawn throughout all the tributaries in the upper catchment and the mainstem from Kuripapango upstream. As juveniles, these trout drop out of the tributary streams and rear along the entire mainstem of the Ngaruroro River (within the Upper Ngaruroro Waters), and particularly in the reach between the Taruarau and Rocks Ahead stream confluences, before migrating back upstream as larger trout.
132. Approximately 15% of adult trout however in the Upper Ngaruroro Waters appear to be derived from the Taruarau catchment, located downstream of Kuripapango. These fish are unlikely to return to the Taruarau River to spawn themselves, as this would necessitate a downstream spawning migration.
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133. Otolith chemistry analysis indicates spawning in the Taruarau River, and its major tributary the Ikawatea Stream, along with the Omahaki Stream are key sources of recruitment for the rainbow trout population in the lower Ngaruroro River. 14 of the 16 immature trout analysed from the lower river were from these tributaries. With the exception of the fact that the Taruarau provides recruitment for both the upper and lower river fisheries, the lower river rainbow trout population appears to be essentially separate from that in the upper Ngaruroro River. This is the first time such a study has been attempted on rainbow trout in a large New Zealand river and so it is not known whether this separation is unusual on a national basis.
134. The overlap with the Taruarau provides valuable resilience for the upper fishery through the immigration of new stock should a localised catastrophe such as severe flooding severely damage this fishery. As such, it contributes to the outstanding rainbow trout fishery of the Upper Ngaruroro Waters.
B1.3.2 Rainbow Trout Density
135. Drift dive count data from February 2013 indicates a current density of 14.5 large rainbow trout (greater than 40cm in length) per kilometre in the mainstem of the Ngaruroro River from source to Kuripapango. This is higher than the long-term estimated density calculated from drift dives between 1999 and 2013 of 10.4 large rainbow trout/ km (and 2.8 large brown trout/km).
136. Large fluctuations in numbers are characteristic of wild trout populations reflecting the inherently demanding and highly volatile environment they often live in.
137. The 1999-2013 average density of 10.4 (standard deviation = 3.1) large rainbow trout/km for the Ngaruroro River compares very favourably with the results from 57 reaches from a sample of 24 New Zealand rivers containing large (>40cm in length) resident rainbow trout (Figure 14), surveyed as part of a national trout stock assessment (Teirney and Jowett 1990). In the Tierney study, a density of 14 large rainbow trout/km was recorded for the upper Ngaruroro River which was the 8th equal highest density recorded among the 57 reaches. Comparing the long-term average density of 10.4 trout/km with Figure 14 suggests the density of large rainbow trout in the upper Ngaruroro is high by New Zealand standards. (Note: rivers associated with significant lake systems were excluded from this assessment e.g. Tongariro River).
Page 35 of 112 Figure 14: Number of reaches from 24 New Zealand rivers within each of 6 large rainbow trout density ranges (Teirney and Jowett 1990).
30
25
20
15
10 Number of reaches ofNumber
5
0 less than 5 5 to- < 10 10 to- < 15 15 to < 20 20 to < 25 25 plus Large rainbow trout/km
138. The average density of 10.4 large rainbow trout is comparable to the 12.3 trout/km calculated from 6 years of dives undertaken on the Rangitikei River prior to a WCO application for the river in 1993. The Manganuioteao River has a WCO on it, in part to recognise and protect the outstanding recreational brown and rainbow trout fishery. The long-term average density of 10.4 large rainbow trout in the Ngaruroro River is also higher than for five reaches of the Manganuioteao River surveyed between 1979 and 1981 (Cudby and Strickland 1986). These ranged from 0.9 to 9.1 rainbow trout/km larger than 200mm (note density includes both medium and large trout grouped together). The long-term combined large rainbow and brown trout density of 13.1 trout/km for the Ngaruroro River also compares favourably to that measured in the Manganuioteao River, which ranged from 5 to 20.6 medium and large rainbow and brown trout per kilometre.
139. The Mohaka River also has a WCO on it, in part to recognise and protect the outstanding brown and rainbow trout fishery. The density of rainbow trout in the Ngaruroro River is also higher than that recorded for rainbow trout in the Mohaka River over 11 years of counts spread between 1989 and 2011 which averaged 9 large trout (>40cm in length)/km. However the total density of both large rainbow and brown trout averaged 57 trout/km, highlighting the productivity and dominance of brown trout in the Mohaka fishery.
B1.3.3 Rainbow Trout Size and Growth
140. The lengths and weights of measured fish caught by angling in the upper river is available from 1970, 2007 and 2012 (Table 4). The 1970 data is from the diary of an expert angler who weighed all his fish, while the 2007 and 2012 data was collected by Fish and Game staff. All trout in the 2007 sample were caught upstream of Kiwi Creek. Given the increased incidence of smaller, immature trout below this point for comparison purposes the data is limited to fish caught above Kiwi Creek confluence.
Page 36 of 112
Table 4: Average length, weight and condition factor8 of rainbow trout caught above Kiwi Stream confluence, Ngaruroro River, from 1970, 2007 and 2012.
Year Month No. of Average Average Condition Longest Heaviest Brown rainbow length weight factor (mm) (kg) trout trout (mm) (kg) 1970 February 46 2.9 695 4.9 1 2007 November 90 553 2.4 49.3 680 3.4* 1 2012 Nov, Dec 38 526 1.7 40.9 619 2.7* 0 * Heaviest and longest trout were not the same fish
141. A key difference between the 1970 and 2012 data is the drop in average weight recorded, from 2.8 to 1.7 kilograms. This reflects an absence of very large trout in the 2007 and 2012 data, as no rainbow trout over 3.5kg (7.7 pound) were recorded compared to 11 (24% of the catch) in 1970.
142. The condition of trout in 2012 likely reflects the incidence of frequent and large summer floods in each of the three preceding summers, and the detrimental effect of these on the in-stream invertebrate populations which are the trout’s predominant food supply. In contrast conditions were much more benign in the three years leading up to the 2007 sample with very few winter floods and only one or two relatively small floods each summer.
143. Such fluctuations in fish size and condition are characteristic of trout populations in headwater fisheries, reflecting the volatile nature of these environments. This is demonstrated by rainbow trout data collected for the nearby Rangitikei River headwaters (Figure 15). This data is from fish caught using the same angling technique as applied to the Ngaruroro River, and involved samples taken every March and October from March 1993 to March 1999 (mean sample size 44 trout).
8 calculated using the Fulton-type formula C = ((W x 36128)/L3) x 100 where W = weight in grams, L = length in mm.
Page 37 of 112
Figure 15: Average length of rainbow trout caught in the Rangitikei River headwaters from 1993 to 1999.
650
600
550
500 Average length (mm) length Average 450
400
Jul-93 Jul-94 Jul-95 Jul-96 Jul-97 Jul-98
Nov-93 Nov-94 Nov-95 Nov-96 Nov-97 Nov-98
Mar-94 Mar-97 Mar-93 Mar-95 Mar-96 Mar-98 Mar-99 Date
144. Figure 15 highlights the variation in average length. Excluding March 1999 when only 7 fish were measured, the average size of trout in November ranged from 560 to 616mm in length, and in March ranged from 498 to 575mm over the six year period of record compared to the range of 526-553mm for the Ngaruroro River. A similar variation in average trout condition over this period is evident in Figure 16. The average condition factor of 49.3 recorded for the sample of Ngaruroro trout in 2007 is higher than any recorded for the Rangitikei River.
Page 38 of 112 Figure 16: Comparison of average condition factors measured for the Rangitikei River between 1993 and 1999 (green line) with 2007 (red line) and 2012 (blue line) samples from the upper Ngaruroro River
50 49 48 47
46 45 44 43 42 41 40
Average Average conditionfactor 39 38 37 36
35
Jul-97 Jul-93 Jul-94 Jul-95 Jul-96 Jul-98
Nov-93 Nov-94 Nov-95 Nov-96 Nov-97 Nov-98
Mar-93 Mar-94 Mar-95 Mar-96 Mar-97 Mar-98 Mar-99 Date
145. This data suggests that when conditions are benign rainbow trout thrive in the Rangitikei and Ngaruroro headwaters, with fish of very large average size and in exceptional condition. However these mountainous environments are highly unpredictable and climatic events such as floods and droughts regularly impact on the quality of the fishery.
146. The average size of rainbow trout in the Ngaruroro River compares favourably with a number of other notable headwater fisheries for which there is limited data available (Table 5).
Table 5: Average length and weight for samples of rainbow trout caught in the Manganuioteao, Whakapapa, Mohaka and Greenstone/Caples Rivers.
River Method Number of Average Average trout length (mm) Weight (kg) Manganuioteao9 Angling 61 442 1.08 Manganuioteao Trap & net 97 495 1.68 Whakapapa10 Angling 121 493 1.47 Mohaka11 Angling 32 1.51 Greenstone/Caples12 Angling 78 433 @ age 5 1.27
9 Cudby and Strickland 1986 10 From angler diaries 1979/80 and 1980/81 seasons (Richardson and Teirney 1982) 11 McLennan and MacMillian 1984
Page 39 of 112 147. The Ngaruroro compares favourably with an average length and weight of 553mm and 2.41kg recorded in the Ngaruroro River in 2007, and 526mm and 1.67kg in 2013.
148. In a further comparison the average length (590mm) of the sample of Ngaruroro rainbow trout in the headwater trout study (1994) was the 6th highest of the 28 rivers with 10 or more records for either rainbow or brown trout (as reported in Young 2009).
149. Similarly, an expert panel assessing the angling value of Hawkes Bay rivers rated the size of trout in the upper Ngaruroro River as 4.5 out of 5 compared to 3.77 for the Ruakituri River, 3.8 for the upper Mohaka and 3.13 for the Tukituki River (Booth et al. 2011). The ranking for the upper Ngaruroro River was the highest of the 47 sections across 40 rivers that were assessed.
150. The growth of Ngaruroro rainbow trout can be compared to that of rainbow trout in the Rangitikei River (Figure 17).
Figure 17: Rangitikei River rainbow trout length at age (data from Hayes 2002) compared to the Ngaruroro River (2012).
800 700
600 500 400 300 Length (mm) Length 200 100 0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 Age (years)
Ngaruroro Rangitikei
151. A comparison of length versus age of Ngaruroro and Rangitikei trout (Figure 17) indicates that fish in both rivers make similar growth up to age 4. Post maturity the growth of Ngaruroro trout appears similar to some Rangitikei fish, however there is another group of Rangitikei trout that appear to have made greater growth and so reached a larger size.
152. A key difference in the data is that the Rangitikei sample was collected over a decade and so comprises trout which have grown under a range of different conditions. By contrast the Ngaruroro sample is all fish collected in late 2012 and exposed to the same apparently poor growing conditions.
153. Figure 17 highlights large trout (600mm or longer) in the Rangitikei River are at least 4 years old and often much older, reflecting that it takes a number of years for trout in this riverine environment to grow to large size.
12 Jellyman and Graynoth 1994
Page 40 of 112 154. The 2007 Ngaruroro trout sample indicates that large Ngaruroro trout can be in as good or even better condition as those in the Rangitikei River, indicating that they are as capable of making good growth. Furthermore the age composition of 24 adult trout in the 2012 sample indicates that trout in the Ngaruroro River can live to relatively old age.
155. This combination of longevity and strong growth when conditions are favourable suggests Ngaruroro trout are capable of growing to a similar size as trout in the upper Rangitikei River, consistent with the records of McGee from 1970 and comments of J. Lumsden. This is supported by Gabrielsson’s results from modelling rainbow trout growth in the Ngaruroro River under the temperature regime recorded in 2012/13. This work indicates that rainbow trout can exceed 700 mm in length after 8 years of age, if they have access to a diet with a high energy component such as the annual cicada hatch (R.Gabrielsson, pers. com.).
156. Concerns over the increasing usage of the Ngaruroro River were expressed by some anglers during the early 1990s. There was also increasing concern within the Hawke’s Bay Fish and Game Council regarding the removal of trophy fish by anglers (I Maxwell, pers. com.), leading the council to introduce a slot limit for the 1996-97 season. The new regulation applied above Kuripapango on the Napier-Taihape Road, and required anglers to release all trout smaller than 350mm or larger than 550mm (Bagshaw 1998). This regulation was amended for the 2001/02 season to remove the minimum size limit, and the area over which the maximum size limit of 550mm applied was extended to above the Whanawhana cableway in 2002/03.
B1.3.4 Trout Spawning Habitat
157. Trout lay their eggs in pockets or ‘redds’ that they cover with gravel. Afforded protection by the redd, the fertilised eggs incubate and hatch into alevins. The alevins remain in the gravels for several weeks while they absorb their yolk sac, before emerging as fry from the gravels ready to make their way in the world.
158. Ideal spawning conditions for trout include: Tributaries with stable winter flows Defined pool & riffle structure Loose, suitably-sized gravel with little sediment deposition Low water temperatures High Dissolved Oxygen (DO) levels
159. These optimal conditions are prevalent throughout the upper Ngaruroro waters.
160. Trout achieve exposure to high DO levels in part by selecting redd sites that are exposed to cool water (which when saturated holds more oxygen than warm water), usually spawning when water temperatures in mid-winter until spring when water temperatures are between 5 and 11oC. It is generally accepted that above temperatures of 12oC rainbow trout egg survival through to hatching and emergence declines significantly.
161. Continuous temperature monitoring of the Ngaruroro mainstem near Kiwi Mouth Hut from 24 August 2012 to 11 June 2013 reveals water temperatures at this site were 6.2oC at the time of installation and only rose above 11oC at the beginning of November. Temperatures fell back below 11oC on a consistent basis at the beginning of May and were 6.5-7oC when the recorder was removed.
Page 41 of 112
162. It is not known if temperatures consistently fall below 5oC over the middle of winter though spot readings in late August recorded 4.8oC in Kiwi Creek compared to 6.2oC at the same time in the adjacent mainstem and 6.5oC upstream of the Panoko Stream confluence. However rainbow trout generally spawn so that their eggs incubate in an increasing-temperature regime in spring. The temperature records indicate that once temperatures exceed 5oC there is an extensive period through to early November when water temperatures are ideal for rainbow trout incubation.
163. Only spot readings were made of DO levels, which indicated DO levels were always close to 100% saturation. Small variation from 100% saturation often occurs because the equilibration (or equalisation) of the oxygen content in the water is not as fast as the daily increase in water temperature.
164. The upper Ngaruroro headwaters are characterised by excellent water quality (Stansfield 2013) and associated low biomass of periphyton. Similarly the steep and turbulent nature of the upper river prevents the establishment of aquatic macrophyte beds, or extensive accumulations of organic material and consequent biochemical demand for oxygen. The DO levels are therefore expected to be consistently around 100% saturation.
165. While high DO levels are fundamental, embryos in the gravels also require water to flow through the substrate otherwise water that is initially high in DO will be depleted. A key constraint to the flow of water is the presence of fine sediment that fills the interstitial spaces of the egg pocket. As a consequence trout tend to avoid areas of fine sediment, and select spawning sites comprised of clean, loose gravel one to seven centimetres in diameter, though larger rainbow trout (>50cm in length) may utilise gravels up to 10 centimetres in diameter.
166. The water flow through the gravels is further aided by trout often selecting spawning sites on the upslope at the tail of a pool, just above the next riffle or run. Here the water velocity increases as the pool shallows mobilising any fine sediment. The hydraulic head that is created by the fall downstream combined with the permeable nature of the gravels results in significant water flow through the gravels, continually replenishing the oxygen around the eggs. Such physical conditions tend to occur mid to high in a river where the greater gradient creates a more defined pool and riffle structure, though is not so great as to cause the river to flow as a cascade.
167. It is apparent from Figure 18 that successful spawning occurs in all larger tributary streams, and the otolith analysis suggests mainstem spawning also occurs. The catch rates reflect there are significant numbers of juvenile trout in all these streams. This is consistent with field observations that the upper Ngaruroro River and tributaries provide ideal spawning conditions.
Page 42 of 112 Figure 18: Sites electric-fished to collect juvenile trout samples in the upper Ngaruroro catchment, along with the catch of juvenile trout per minute of fishing effort recorded.
Te Waiotupuritia – 5.5/min
Mangamingi – 3.9/min Mainstem above Gold Creek – 2.8/min
Gold Creek – 1.9/min Ngaawapurua – 3/min
Omarukokere – 0.9/min
Rock’s Ahead – 2.1/min Mainstem below Rock’s Ahead – 1.4/min
Manson – 2.5/min Kiwi Creek – 2.6/min
168. At the very top of the Ngaruroro catchment the Mangamingi and Te Waiotupuritia (Northern Arm) tributaries meander across unmodified tussock basins. Unusually these reaches are of less gradient than lower in the catchment, nevertheless the streams are characterised by a clearly defined pool and riffle structure and coarse gravels and cobbles.
169. The Panoko Stream (Gold Creek) also flows within an unmodified tussock basin, however it is more confined in the lower reaches with greater bed rock and cobbles which further emphasises the pool and riffle/rapid structure. The remaining tributaries (Ngaawapurua, Omarukokere, and Rocks Ahead streams, and Kiwi and Manson creeks) drain very steep bush clad catchments and are of high gradient. This creates a stream environment dominated by bedrock, large boulders and cobbles, forming short pools separated by rapids and cascades. However areas of gravel dominate the faster tail out areas of the pools. When combined with the steep fall from one pool to the next, the tails of the small pools provide localised areas of high quality spawning habitat.
Page 43 of 112 170. The mainstem is characterised by extensive deep pools with wide shallow tail-out areas of coarse gravels and cobbles, separated by rapids and riffles of larger stones. The water is typically very clear with secchi disc measurements routinely in excess of 8 metres, reflecting a very low fine sediment load.
171. Areas of suitable spawning habitat exist throughout the upper river, but are particularly prevalent above Ngaawapurua where the river becomes smaller.
172. The occurrence of widespread areas of stream bed in the tributary streams and upper mainstem with a defined pool and riffle/rapid structure, coarse gravels free of sediment, and that are exposed to an ideal water temperature regime and very high DO levels, creates extensive areas of optimum trout spawning habitat.
B1.3.5 Juvenile and Adult Trout Habitat
173. Conditions that provide ideal environments for incubating embryos (cold, well- oxygenated sterile streams) are not what are required by juvenile trout. As a consequence juvenile trout often migrate to rear some distance downstream from where they were hatched.
174. This general downstream movement occurs in the Ngaruroro River. Juvenile trout move into the mainstem, with many dropping down to the area between Rocks Ahead Stream and the Taruarau River confluence.
175. Like most animals trout require suitable ambient temperatures, food, and space in which to live. As they grow their specific requirements will change, nevertheless these are the general habitat features that determine the characteristics and success of a trout population. The upper Ngaruroro River is subject to an ideal water temperature regime (favouring spawning over winter and growth over summer), provides abundant amounts of optimum trout food (large invertebrates and terrestrial organisms) and has extensive areas of suitable habitat for the different ages of trout.
Water Temperature
176. Water temperature is the single most important factor influencing trout growth. Trout are cold-blooded so all their metabolic and bodily processes are dependent upon the temperature of the surrounding water. In very cold water their digestion and appetite is limited and they will not grow very fast regardless of how much food is available.
177. McCullough et al. (2001) noted growth of juvenile rainbow trout is commonly reported to be optimal between 15oC and 21oC on a satiation diet, though when considering both juvenile and adult trout some authors report lower optima between 13 and 16oC. Hayes and Hill (2005) suggests 16-18oC as the optimum for growth of rainbow trout. Hay et al. (2006) recommend an upper temperature limit of 19oC for outstanding trout fisheries.
178. The main influence on water temperature is the surrounding air temperature, so as the river moves from the cooler mountains to low elevations, the average water temperature tends to increase. This may mean very cold headwaters, cold mid- reaches and cool lower reaches which may result in lower than optimal growth in the headwaters, optimum growth in the mid-reaches and lower than optimum growth downstream (McCullough et al. 2001).
Page 44 of 112 179. The temperature data from the continuous temperature recorder sited just upstream of Kiwi Mouth Hut (midway up the Upper Ngaruroro Waters) over the summer of 2012/13 (Figure 19) indicates water temperatures fluctuate more widely over summer, consistently through a range of up to 4 to 5oC each day though on occasion as much as 8oC13. Temperatures appear ideal (a daily mean between 15 and 19oC) for trout growth over the four month summer period from December to March, and never got too high even under what was extreme drought conditions. On the other hand the temperature regime suggests trout make minimal if any growth over winter.
Figure 19: Minimum, maximum and mean daily water temperatures recorded in the Ngaruroro River immediately above the Kiwi Creek confluence between 24 August 2012 and 11 June 2013 (temperature measurements taken every 30 minutes).
25.0
20.0
15.0
10.0 Temperature C Temperature 5.0
0.0
Date
Minimum Maximum Mean
Dissolved Oxygen
180. As fish go, trout have a relatively high metabolic rate and so require high dissolved oxygen levels (DO). Both metabolic rate and DO concentration are strongly influenced by water temperature. Below 15oC rainbow trout require at least 7mg/l as an optimum DO level, and above 15oC at least 9 mg/L (Hayes and Hill 2005). Therefore at temperatures of 15oC and above trout need close to 100% oxygen saturation in the surrounding water.
181. While there is no long-term monitoring of DO levels in the upper river, as discussed DO levels are expected to be close to 100% saturation at all times and therefore ideal for rainbow trout so long as water temperatures are also suitable (a DO level of 9mg/l represents 100% saturation at approximately 20oC).
13 When the temperature logger was installed it was in the main river flow. However as the water level receded over summer the flow around the logger diminished. As a consequence the logger was shifted slightly in early January 2013. The largest fluctuations between the minimum and maximum daily temperature occurred prior to this shift, and may reflect localised warming of the water around the logger on sunny days.
Page 45 of 112 Food Supply
182. After temperature, the next most important variable affecting trout growth is food availability and the foraging cost associated with collecting it. Typically trout in moderate to swiftly flowing rivers forage predominately on drifting invertebrates. Most drifting invertebrate prey are generally small, for example Hayes et al. (2000) found invertebrates of less than 15 mm comprised 94% of the annual drift biomass in the Maruia River in Nelson
183. For juvenile trout each of these invertebrates represents a decent mouthful, and it only takes a few insects to fill its gut. Consequently, in situations where drift density is high, it is likely the time taken to process food rather than the effort to collect it that is the major constraint on juvenile trout growth (Hayes et al. 2000).
184. For larger trout within a given water-temperature regime, growth is primarily limited by the costs of reproduction (Hayes et al. 2000). Once a trout reaches maturity, up to 50% of its energy intake may be spent on reproduction and this causes the growth rate to decline sharply (Hayes and Hill, 2005). However growth is also limited by increasing foraging costs as the trout grows, associated with the greater foraging time that is required in order to feed to satiation on small invertebrate drift prey. Together reproduction and foraging costs set an upper limit on predicted trout size.
185. An insight into the effect of increasing foraging costs is provided by Hayes et al. (2000) who developed and tested a combined foraging and bioenergetics model for predicting growth over the lifetime of drift-feeding brown trout. This model produced realistically shaped growth curves in relation to observed data.
186. Highly simplified the model highlights that for any given temperature regime, the key to trout growing to large size is the presence of large numbers of large invertebrates in the drift and clear water. Large invertebrates mean the trout can feed to satiation quickly and with relatively little effort. Furthermore the combination of large prey and clear water means trout can see their prey further away, therefore seeing a greater proportion of the drift and with time to intercept this before it is swept past.
187. The upper Ngaruroro River provides such conditions. A common index to assess food value for trout is to use the density, biomass and percentage of Ephemeroptera (mayflies), Plecoptera (stoneflies) and Trichoptera (caddis flies) taxa (Holmes and Hayes 2011). These EPT taxa tend to be larger and have a higher propensity to drift than other invertebrates, making them preferred food items (Shearer et al. 2003).
188. Stansfield (2013) reports the following invertebrate indices for three sites sampled along the upper Ngaruroro River between December 2012 and February 2013 (Table 6).
Page 46 of 112 Table 6: Invertebrate indices for 7 surber samples collected from 3 sites in the upper Ngaruroro River between December 2012 and February 2012 (derived from Stansfield 2013).
Indices Boyd Omarukokere Kuripapango
% EPT (individuals) 74.1 93.7 23.1
% EPT Taxa 56.5 65.2 59.1
Density all invertebrates/0.7m2 255 459 1042
Density (EPT)/1m2 270 614 344
Biomass (kg EPT)/200m reach 2.12 6.01 2.66
% of large EPT (>10mm in length) 16.9 23.7 17.6
Number of large EPT/m2 46 146 61
No. large EPT per 200m river bed 193,200 657,000 281,820
MCI value 131.3 141.7 120.9
189. These results suggest that at the time of sampling, favoured EPT species dominated the invertebrate composition of much of the upper river. Even where they were not the dominant species (e.g. Kuripapango), numerically they still occurred in densities similar to higher in the river. Additionally, a significant proportion of the invertebrate population was larger than 10mm in length.
190. The numbers of EPT individuals across the three sites is significantly lower than for any of 15 sites sampled in the Mohaka River, where estimated densities reached in excess of 2000 EPT individuals per 0.7M2 (Figure 12, Stansfield 2013). However despite this the biomass levels of EPT taxa between the two rivers is comparable, reflecting that the percentage of large EPT taxa (>10mm in length) was much greater (17-24%) in the Ngaruroro River than in the Mohaka River (where many sites were around 6% or less). As discussed, it is the number of these large EPT individuals that are key to sustaining growth in large river resident trout. Typically at any time the density of drifting invertebrates represents only about 1.5-2% of those on the stream bed (Hayes and Hill 2005). On this basis it was likely that each 200 metre stretch of suitable river bed was producing an instantaneous drift of between 3000 and 13,000 large invertebrates.
191. Table 6 represents a snapshot of the upper river following several months of settled flows. Stream invertebrates are vulnerable to natural events such as flooding (as summarised in Jowett 2000) nevertheless these results indicate that when conditions are favourable there is a very large number of ideal prey available to large trout throughout the Upper Ngaruroro Waters.
192. The otolith study suggests the majority of juvenile trout rear in the area around Kuripapango or even lower down. As discussed these smaller fish are less affected
Page 47 of 112 by the size of their prey and the very high densities of invertebrates in general in this part of the river also reflects a very large food source for these immature fish.
193. That the invertebrate community is ideal for trout is supported by the Macroinvertebrate Community Index or MCI values. This is a commonly used management tool for determining the aquatic health of a site, based on the presence or absence of nutrient enrichment tolerant or sensitive taxa (refer section B2.2). Ideally the MCI should exceed 120 to support outstanding trout fisheries and exceed 100 to support other significant trout fisheries (Hay et al. 2006). From Table 6 MCI values ranged from 121 to 142 in the upper river at the time of sampling. The lowest value (121) was recorded at Kuripapango, and is less than the median MCI of 130 recorded at this site between 1990 and 2012.
194. The Kuripapango data site is included in the National Rivers Water Quality Network (NRWQN). The Ministry of Environment uses data collated from these sites to present a state of the environment report for New Zealand. In the last report (2005 – 2007 period) the Kuripapango site was ranked first of the 77 NRWQN sites for mean MCI (MfE 2007).
195. Terrestrial food items that fall onto the surface of the water also comprise an unknown proportion of the diet of Ngaruroro trout. Several very experienced anglers when interviewed suggested that trout in the Ngaruroro River rise more readily to take a dry fly than the nearby Mohaka or Rangitikei Rivers, and in particular the fishing associated with the cicada hatch in late summer in the area downstream of Kiwi Mouth Hut to around Kuripapango is highly regarded (B. Hall and A. Simmons pers comms). The free rising nature of the trout is also demonstrated by an inspection of the stomachs of 21 trout caught in November and December 2012. Of these fish 16 (76%) had recently taken terrestrial items including a variety of different beetles, wasps, hoppers, a centipede, millipede, huhu grub, praying mantis and even a mouse. These terrestrial items, many of which are relatively large and provide a high energy return, supplement the invertebrate drift.
196. The Ngaruroro River produces abundant large invertebrates favoured by drift feeding trout, supplemented by a variety of terrestrial organisms. These food resources can sustain outstanding trout growth, as demonstrated by the exceptional condition of the trout in 2007.
Water Clarity
197. While the presence of large numbers of big invertebrates is key to maximising the potential growth of drift-feeding adult trout, it is also essential that the trout can see well so as to be able to feed quickly and efficiently. This necessitates high water clarity. In reality the two factors are linked, EPT taxa are sensitive to, and adversely affected by, the deposition of fine sediment (summarised in Holmes and Hayes 2011), which also reduces water clarity.
198. The invertebrate fauna in the upper river is dominated by sensitive macroinvertebrates from the Ephemeroptera (mayflies), Plecoptera (stoneflies) and Trichoptera (caddis flies) orders (EPT) (Stansfield 2013), indicative of very high water quality and low fine sediment levels. This is also reflected in water clarity measurements using a secchi disc during 29 drift dives in the upper catchment between 1998 and 2013. The distance the disc could be seen ranged from 4-19m, with a mean distance of 11.2m. This compares favourably with the long-term median for clarity at Kuripapango of 5m across all flows, and 7m for flows less than median.
Page 48 of 112 199. In 2007, across the 77 NRWQN sites, the mean clarity was 2.01 metres, with only 5% of rivers exceeded a mean clarity of 6.33 metres. The Ngaruroro River at Kuripapango was one of these with a mean clarity of 8.55 metres. This, in itself, is an outstanding feature of this river and part of the reason for its outstanding fishery.
200. Hay et al. (2006) recommend a minimum clarity limit of 5 metres to support an outstanding trout fishery, and conditions in the upper Ngaruroro routinely exceed this limit by quite some margin.
Channel Characteristics
201. In addition to favourable water temperatures and sufficient food, trout need suitable space to live in. This space needs to provide access to food, areas to rest and protection from predators.
202. There is a positive relationship between the size of juvenile salmonids and the size of their territory (Quinn 2005). Within any stretch of river there is only so much suitable area and fish that cannot find favourable habitat will migrate further downstream.
203. Instream habitat is often described by measuring water depth, velocity and substrate size; and combinations of these variables are used to describe habitat preferences for different species (Jowett and Richardson 2008). Juvenile rainbow trout display different habitat preferences as they grow, and also seasonally. Generally as rainbow trout become larger they display preference for increasing depth and water velocity (e.g. Jowett and Richardson 2008).
204. These preferences are reflected in observations of rainbow trout in the Ngaruroro River where fry, form small schools along the edges of the small tributary spawning streams, or in very shallow water along the margins of riffles and pools in the mainstem. Using the margins is believed to be a response to avoid predation from other fish and/or to avoid high flows (Quinn 2005).
205. As trout grow they utilise faster and slightly deeper water – commonly at the very tail of a pool or in the riffles, and as yearlings they move into more boisterous rapids. While the current on the surface is too high to be ideal, the bouldery nature of these riffles and rapids creates numerous refuges where velocities are suitable. These riffles and rapids, with their coarse substrate, are also the prime areas for invertebrate production and so are rich in food, while the turbulence hides the young trout from avian predators. These areas are also generally too shallow for large rainbow trout, thus avoiding competition and predation from adult trout.
206. Similarly, when water temperatures drop to about 9oC most juvenile trout go into winter hiding, as their appetite diminishes and the emphasis shifts to securing a safe refuge. Riffles and rapids with areas of loosely embedded cobbles and boulders provide ideal winter hiding habitat.
207. Within the upper Ngaruroro River the river falls 400m over the 40km between Ngaawapurua and Kuripapango, a gradient of 10m/km. This steep gradient is reflected in a river morphology characterised by short deep bedrock pools, interspersed with riffles and rapids falling to the next pool. As the river progresses downstream the character changes subtly with the pools becoming shallower, with more extensive areas of shallow bouldery rapids and runs. As such, over the whole upper river there are large areas of ideal juvenile habitat, with very extensive areas of shallow riffle and rapid habitat in the reach between Cameron Hut to below
Page 49 of 112 Kuripapango. This was confirmed while drift-diving below Cameron Hut in 2013, where on one 70m long riffle 134 trout between 100-400mm long were counted.
208. In contrast, adult rainbow trout (450mm or longer) were occasionally observed in the deeper bedrock runs (in excess of 1 metre deep), but the great proportion were associated with the deep bedrock lined pools characteristic of the upper Ngaruroro River. Carved out of bedrock, many of these pools are >3m deep, and have a high degree of permanence. Observations of other riverine rainbow trout populations in the North Island suggest the occurrence of bedrock is a prevalent factor of adult habitat (Maclean 2012). Such observations are consistent with other North Island rivers including the Rangitikei, where adult rainbow trout are rarely detected in riffles or rapids.
209. Within these pools adult rainbow trout have quiet areas to rest and depth or crevices to hide away from predators or to ride out large floods passing overhead. Turbulence and eddies where water drops into the head of the pool provide feeding stations to intercept the drift of invertebrates produced in the faster, shallower riffles and rapids upstream. Whereas the middle and tail of pools provides low velocity areas where trout need exert relatively little energy to feed on terrestrial or aquatic insects on the water surface.
210. Accordingly, a pool potentially provides for all of the habitat requirements of adult trout other than spawning, and individual trout may remain for several years in the same pool if all their food and cover requirements are available.
211. The upper Ngaruroro River channel from Kiwi Creek confluence through to the above the Panako Stream confluence exhibits a high degree of sinuosity, and is strongly defined by extensive bed rock and steep valley walls which border the wetted area. This topography creates a high degree of control and permanence and relatively frequent pools, and as a consequence this part of the river provides extensive adult habitat in comparison to many headwater rivers. Below this the channel is more mobile with fewer bedrock pools, and these are typically associated with sharp bends in the river. This section of river is similar to other Hawkes Bay rivers such as the Tukituki River.
212. Even though relatively widespread through the upper catchment, the availability of this deep pool habitat appears to constrain the size (numbers) of the upper Ngaruroro trout population. This reflects that any pool can only support a very few adult trout, and there are only so many pools along the river.14
213. This is not an indication that the upper Ngaruroro River lacks adult habitat. Rather that it has less adult habitat than spawning and rearing habitat which enables the river to rear very large numbers of immature trout.
14 This preference for deeper pools is in contrast to large brown trout which prefer water greater than half a metre deep and especially depths of a metre or more, and are often found in moderate to fast flowing, deep boulder runs or pocket water (Hayes and Hill 2005). This use of deep-run habitat may explain why some rivers such as the Mohaka River can support much higher densities of large brown trout than reported for headwater rainbow fisheries.
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B1.3.6 Summary
214. That the upper Ngaruroro River can provide an ideal food quantity and quality, water clarity, and water temperature regime is evidenced in the 90 adult trout sample caught in 2007, which had an average weight of 2.41kg and an outstanding condition factor of 49.3. However, headwater fisheries are volatile environments and trout size and condition will fluctuate in response to the prevailing conditions. Nevertheless, when conditions are favourable the Ngaruroro River is capable of supporting outstanding trout growth and condition.
215. The Applicants seek to preserve the Upper Ngaruroro Waters in their natural state, thereby protecting the outstanding rainbow trout fishery of the: Ngaruroro River mainstem, from source to Whanawhana, Tributaries of the Ngaruroro River, between its source and Kuripapango, and The Taruarau River mainstem, and Ikawatea Stream (its main tributary).
Figure 20: The outstanding rainbow trout fishery of the Upper Ngaruroro Waters is based upon the quality of its spawning habitat (recently emerged fingerlings)...
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Figure 21:....juvenile rearing habitat (sub-1 year old trout)....
Figure 22:....food quality and availability (may flies, stone flies, and caddis flies)....
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Figure 23:....and cool, clean and clear water.
Page 53 of 112 B2 Outstanding wild, scenic or other natural characteristics, and scientific and ecological values
216. Under section 199(2)(b)(iii) of the Act, a water conservation order may provide for protection of a water body which contributes to or is considered to be outstanding for its wild, scenic or other natural characteristics. Under section 199(2)(b)(iv) protection can also be provided for outstanding scientific and ecological characteristics.
217. The Applicants consider the Ngaruroro catchment has the following outstanding wild, scenic and natural characteristics, and scientific and ecological characteristics:
landscapes (wild and scenic) in the Upper Ngaruroro Waters, and water quality (natural characteristics, scientific and ecological) in the Upper Ngaruroro Waters and Lower Ngaruroro River.
218. The Applicants consider the landscape and water quality values in the Upper Ngaruroro Waters are largely in their natural state, and that they should be preserved by a Water Conservation Order. Water quality values in the Lower Ngaruroro River can also be considered outstanding when compared with other lowland catchments of similar size and level of development, despite a reduction in water quality relative to the Upper Ngaruroro Waters. The Applicants consider the water quality values in the Lower Ngaruroro River should be protected in their modified state by a Water Conservation Order. Water quality from source to sea ranks highly on a national basis and for this reason is deserving of recognition and protection.
219. The Applicants consider the Upper Ngaruroro Waters have outstanding wild, scenic, natural, scientific and ecological characteristics. The Applicants consider that these waters are largely in their natural state and should be preserved by a Water Conservation Order.
B2.1 Landscapes
220. The Ruahine, Kaweka and Kaimanawa ranges (the source of the Ngaruroro River) are some of the key defining landscape features of the Hawkes Bay region. They are part of the mountain range that forms the spine of the North Island, and contain much of the remaining native vegetation in the region. The mountain ranges provide a natural boundary between the Hawkes Bay region and its neighbours and are visually striking in the winter months with their snow-capped peaks and striking skyline. This prominent landscape contrasts sharply with the lowland hills and plains.
221. Two landscape assessments for Hastings District Council, in 199615 and 201316, identified the Ruahine-Kaweka ranges as an Outstanding Natural Landscape unit (Figure 24). In the 2013 assessment, the Ruahine-Kaweka range landscape unit was defined as containing the Ruahine and Kaweka Forest Parks (i.e. Conservation estate) and adjoining upland areas of topographically contiguous indigenous vegetation on private land. This unit extends down the mainstem of the Ngaruroro River as far as the Taruarau River confluence.
222. A landscape assessment undertaken for Rangitikei District Council in 201017, which shares a border with Hastings district, identified the Rangitikei Highlands and Ngamatea East Swamp as Outstanding Natural Landscapes. These units contain the
15 Isthmus Group (1996) 16 Batchelar & Ryder (2013) 17 Hudson (2010)
Page 54 of 112 western side of the Kaweka and northern Ruahine ranges, and the southern part of the Kaimanawa Range, and include the undeveloped Maori trust land making up much of the remainder of the upper Ngaruroro catchment (Figure 24).
223. A 200818 landscape assessment undertaken for Taupo District Council, which overlaps a small part of the Ngaruroro headwaters, identified the Kaimanawa Range as an outstanding landscape unit. This unit contains the northern Kaimanawa Ranges, and covers the undeveloped Maori Trust land in this part of the catchment (Figure 24). This part of the Ngaruroro catchment was confirmed as outstanding again when it was included in the ‘Kaimanawa Mountains’ Outstanding Natural Features and Landscapes unit as part of the Waikato Regional Landscape Assessment (Environment Waikato, 2010)
224. The Kaimanawa, Rangitikei Highlands and Ruahine-Kaweka Outstanding Natural Landscape units contain almost all of the Upper Ngaruroro Waters, except for four areas of extensive farmland located within the Taruarau catchment (one in the upper catchment, two in the middle catchment, and a small area in the Ikawatea catchment), an area of forestry on Crown Land east and extending south of Kuripapango, and a length of the Ngaruroro River mainstem between the Taruarau confluence and Whanawhana cableway.
225. All of the landscape assessments were undertaken using the Pigeon Bay criteria, which is a list of landscape assessment criteria established by the Environment Court19. These criteria provide a system for scoring the naturalness of landscapes, and thresholds that must be exceeded before a landscape can be considered outstanding at a regional/national scale.
226. In a separate assessment, using a different methodology (RiVAS), Booth (2012) determined the Ngaruroro River (upstream of Whanawhana) and the Taruarau River had a high degree of natural character, owing to their very low level of modification. This analysis was based on an assessment of the level of modification to the channel, flows, water quality, riparian vegetation, and the wider landscape.
227. No other outstanding natural landscape units have been identified in the Ngaruroro catchment using the Pigeon Bay or any other criteria.
228. In summary, almost all of the Upper Ngaruroro Waters have been identified as an Outstanding Natural Landscape by independent experts using current landscape assessment criteria. The three landscape units – Rangitikei Highlands, Ruahine- Kaweka ranges, and Kaimanawa range - are considered to be in a near natural state and to contain significant wild, scenic and natural character values.
229. Importantly, the wild, scenic and natural landscape of the Upper Ngaruroro Waters contributes significantly to the angling and whitewater kayaking/rafting amenity values in this part of the Ngaruroro catchment (refer section B3).
18 Isthmus Group (2008) 19 Pigeon Bay Aquaculture Ltd v Canterbury RC [1999] NZRMA 209 and subsequently applied in the "Wakatipu" series of decisions
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Figure 24: Outstanding Natural Landscape units in the upper Ngaruroro catchment (From: Batchelar & Ryder, 2012; Hudson, 2010; Isthmus, 2008)
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Figure 25: Ngaruroro River looking south towards Gold Creek hut, upper Ngaruroro Waters
Figure 26: Upper Ngaruroro River looking south towards Gold Creek hut, Upper Ngaruroro Waters
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Figure 27: Ngaruroro River looking north from Boyd airstrip, Upper Ngaruroro Waters
B2.2 Water Quality
230. The Ngaruroro River is part of the National River Water Quality Network (NRWQN) of monitoring sites administered by NIWA. The National River Water Quality Network includes 77 sites located on 35 rivers throughout New Zealand. There are 44 North Island and 33 South Island sites on rivers which drain about half of New Zealand's land area.
231. The 77 sites in the network have been classified, depending on the degree of land use/development impact in the catchment upstream of the sites, into three categories:
baseline (22 sites), pseudo-baseline (10 sites), and impact (45 sites).
232. 'Baseline' sites are likely to have no or little diffuse or point source pollution and should therefore be near-natural. 'Pseudo-baseline' sites are the best available baseline sites for a catchment or area and are likely to be lightly impacted (e.g. by low intensity pastoral farming). 'Impact' sites are downstream of areas of agriculture, forestation, industry and urbanisation.
233. Each of these sites has been sampled monthly since 1989 for a range of water quality variables, such as:
Temperature and dissolved oxygen Nutrients Water clarity Bacteria (since 2005) Periphyton (algae which grows on the river bed) is also visually assessed each month at most of the national network sites. Monitoring of macroinvertebrates (aquatic insects) is carried out annually at 66 of these 77 national sites.
Page 58 of 112 234. The sites in the national network have been ranked based on nutrient levels, water clarity, bacterial levels, macroinvertebrates and periphyton. The results are presented in river water quality league tables on the MfE website (www.mfe.govt.nz). The league table nutrient indicators were compiled from nitrogen and phosphorus records, water clarity and bacteria levels were combined to indicate suitability for contact recreation, and a composite index of biological indicators was compiled from macroinvertebrate and periphyton records at each site, prior to ranking the sites.
235. There are two NRWQN sites on the Ngaruroro River: Kuripapango in the upper catchment, downstream of where the river leaves the Conservation Estate (a baseline site), and Chesterhope Bridge, in the lower catchment, approximately 6km from the sea (an impact site).
236. These two sites have been monitored using consistent methods since 1989 and provide a high quality record of water quality and flow over this time.
237. Hawkes Bay Regional Council (HBRC) also monitors water flow and quality at a number of sites in the Ngaruroro catchment. Flow is recorded by HBRC at Whanawhana cableway, and a synthetic record is produced for the lower river at Fernhill based on the Whanawhana data record. Water quality has been monitored at a number of sites in the catchment using different methods and parameters at different times. Because of these issues, only NRWQN data has been used for this water quality assessment of the Ngaruroro River.
238. The 2007 MfE league tables provided rankings for the Ngaruroro catchment across the three water quality indicators reported (Table 7). These rankings confirm water quality in the:
Upper Ngaruroro Waters is outstanding, and in a near-natural state, and Lower Ngaruroro River, although degraded compared to the upper catchment, is still very good relative to the lower reaches of other large rivers and suitable as a ‘good water quality’ reference site for comparison with other impacted sites in the country.
Table 7: Comparison of contact recreation, nutrient, and biological indicator water quality rankings for the Ngaruroro catchment, out of 77 sites in the NRWQN. Figures in parentheses indicate the ranking for the Chesterhope site if only the 45 ‘impact’ sites are considered.
Site Ranking Contact recreation Nutrients Biological indicators Kuripapango 2 5 2 Chesterhope 19 (4) 32 (6) 36 (8)
239. The outstanding aquatic habitat, ecological, trout fishery, cultural and recreational values described elsewhere in this document, are partially or wholly reliant upon the Ngaruroro River’s outstanding water quality.
240. Specifics of the outstanding water quality in the Upper Ngaruroro Waters and Lower Ngaruroro River are presented below.
Page 59 of 112 B2.2.1 Nutrients and periphyton
241. The ANZECC (2000) guidelines for marine and freshwater define trigger values for soluble nutrients in slightly disturbed freshwater systems, to reduce the frequency and duration of nuisance growths of algae, cyanobacteria or macrophytes (aquatic weeds). Excessive algae, cyanobacteria or macrophyte (aquatic weeds) growth can adversely affect freshwater aquatic and recreation values.
242. The upland and lowland trigger values for total oxidised nitrogen in New Zealand rivers are 167 and 444 mg/m3 respectively. Under almost all flow conditions, nitrate concentrations20 in the Ngaruroro River are significantly lower than these trigger values (Figure 28) and the Ngaruroro at Chesterhope site ranks 5th best in the NRWQN for nitrate concentration when ‘impact’ (lower catchment) sites are considered.
243. Given the outstanding quality of the water in the Ngaruroro and the low concentration of soluble nitrogen (Ballantine et al. 2010), a more stringent set of limits should be considered. The Applicants consider the following would be appropriate - 60 mg/m3 for the Upper Ngaruroro Waters, and 100 mg/m3 for the Lower Ngaruroro Waters.
244. Nitrate concentrations at Kuripapango are extremely low, with all observations (irrespective of flows) falling well below the suggested 60 mg/m3 limit. Low nitrogen concentrations are expected given the high proportion of native vegetation cover (approximately 98%) in the catchment upstream of the Kuripapango monitoring site.
245. An analysis of soluble inorganic nitrogen (SIN) concentrations at Whanawhana by Ausseil (2009) found mean SIN concentrations at all flows were also within the recommended upper river limit of 60 mg/m3. Therefore, this limit accurately reflects the current state of soluble nitrogen in the upper catchment.
246. Chesterhope nitrate concentrations are also very low, particularly given the lower catchment position of the monitoring site. The mean and median nitrate concentrations (across all flows) are within the suggested lower catchment limit of 100 mg/m3, again suggesting this limit is a good fit for the current state of soluble nitrogen in the lower catchment.
247. Generally speaking, diffuse nitrogen in rivers increases as flows increase and large loads of nitrogen can move through river systems during high flow events (e.g. greater than the 20th flow exceedance percentile). However, limits on nutrient concentrations are not as applicable during these events (depending on the nature of the downstream receiving environment) as flows are often too high for periphyton growth or nutrient uptake. Because nitrogen concentrations at flows less than flood flows are largely within the recommended limits at the Chesterhope site, the frequency and duration of nuisance periphyton growths from nutrient enrichment are reduced.
248. In many cases, limits are set for nutrient concentrations (N and P) which exclude observations collected at high flows. This approach is not recommended for this WCO application as consideration of the values of downstream receiving environments is critical to this source-to sea order. Nutrient loads exported from the upper river during higher flows may adversely affect the lower river, particularly as a result of intense abstractive pressure in the braided reach. Increased loads and
20 Nitrate has been used as a surrogate to compare with total oxidised nitrogen guidelines as there is little nitrite to be found in natural waterways that do not receive point source discharges and are well- oxygenated.
Page 60 of 112 concentrations may threaten the integrity of the outstanding values in the lower river. Likewise nutrient loads exported from the lower river under high flows may impact on the values of the Estuary, causing eutrophic effects. Therefore, nitrogen and phosphorus limits for the upper and lower rivers should apply at all flows.
Figure 28:21 Monthly nitrate concentration for sites in the upper (Kuripapango) and lower (Chesterhope) Ngaruroro River collected between February 1989 and January 2013 at all flows. Limits for total oxidised nitrogen are shown for the Upper (dashed red line) and ANZECC recommended limits for the Lower (solid red line) Ngaruroro River as a reference.
249. Ammoniacal nitrogen is another form of bioavailable nitrogen that can cause increased nuisance growth of aquatic plants and periphyton, and also toxic effects on aquatic life at high concentrations depending on the temperature and pH of the water. Concentrations of ammoniacal nitrogen at the Kuripapango and Chesterhope sites never exceeded Hawkes Bay Regional Council’s Regional Resource Management Plan (RRMP) guideline value of 100 mg/m3 (0.1 mg/l), nor did they come close to causing any toxic effects on aquatic life regardless of other water quality conditions22. Maintaining the RRMP limit of 100 mg/m3 of ammoniacal nitrogen in the upper and lower river is recommended as the risk of ammoniacal N effects is very low.
250. The RRMP specifies a guideline limit of 15 mg/m3 for Dissolved Reactive Phosphorus (DRP), whilst the recommended ANZECC (2000) DRP limit is more stringent at 10 mg/m3. DRP concentrations at Kuripapango are extremely low, with all observations (irrespective of flows) falling well below the ANZECC recommended limit of 10 mg/m3 (Figure 29). Low DRP concentrations are related to the low level of development in the upper catchment. Because phosphorus is a key nutrient associated with the growth of
21 Interpretation of box plots for this report: boxes contain 25th and 75th quartiles, whiskers are 10th and 90th percentiles and points are outliers unless otherwise stated. Medians = solid line, means = dashed mid-point lines. 22 3 3 3 Kuripapango mean NH4 = 3 mg/m , range= 0-29 mg/m , Chesterhope mean NH4 = 5 mg/m , range= 0-24 mg/m3.
Page 61 of 112 nuisance periphyton, the limit which best reflects the current state for the upper river is 3 mg/m3.
251. DRP concentrations at Chesterhope are also within the ANZECC guideline most of the time. However, analysis shows a number of the observations that exceeded the ANZECC limit occurred at flows less than the median. This may be due to the greater proportion of flow contributed to the lower Ngaruroro River from tributary streams under low flows conditions (Ausseil, 2009). These tributary streams have a much higher proportion of agricultural and horticultural development (>90%) than the upper Ngaruroro catchment.
252. Elevated DRP concentrations at low flow increase the risk of nuisance periphyton growths. A stringent limit of 8 mg/m3 DRP is recommended to maintain DRP concentrations to reduce the duration and frequency of nuisance periphyton growth in the lower river. Again, phosphorus limits should apply at all flows to avoid adverse effects as a result of loads at high flows in downstream receiving environments.
Figure 29: Monthly dissolved reactive phosphorus (DRP) concentration for sites in the upper (Kuripapango) and lower (Chesterhope) Ngaruroro River collected between February 1989 and January 2013 at all flows. ANZECC (solid red line) and current (dashed red line) limits for DRP are shown as a reference.
253. Periphyton growth is a further measure of nutrient levels. Biggs (2000) recommended maximum riverbed cover guidelines of 30% for filamentous periphyton and 60% for cover by mats to prevent excessive periphyton growth adversely affecting aesthetic and recreation values. Monthly data shows the 30% cover guideline has never been exceeded at Kuripapango. Periphyton cover data for Chesterhope shows observations have exceeded the guideline 114 times out of 2890 observations (~4% of samples). When the reach average is considered for each monitoring visit the guideline was exceeded 11 times out of 289 visits. Mat algae have never exceeded guideline values for either monitoring site.
Page 62 of 112 254. Matheson et al. (2012) began a review of the instream plant and nutrient guidelines as part of a national project to inform limit setting in relation to nuisance periphyton. A weighted composite cover guideline which includes cover from filamentous and mat algae in the same measure was suggested (rather than two separate limits for each nuisance algal type). This guideline is known as the periWCC and can be calculated as %filamentous cover + (%mat cover/2). Like Biggs (2000), Matheson et al. (2012) recommend an aesthetic periWCC guideline of 30% but they also provide a provisional guideline for ‘excellent ecological condition’ of <20% periWCC for sites where other stressors are minimal. Given the outstanding nature of ecological values in the river a <20% cover limit is appropriate for both the Upper Ngaruroro Waters and Lower Ngaruroro River.
255. Using the guideline from Matheson et al. (2012) to assess average weighted composite cover (periWCC) at each monitoring visit the Kuripapango site exceeded the 20% limit once in 289 sampling occasions (~ 0.3% of samples) and Chesterhope exceeded the limit 16 times in 289 visits (~ 6% of samples).
256. There is no evidence of nutrient enrichment in the upper catchment, and nutrient levels in the lower catchment are very low when compared with similar sites elsewhere in New Zealand. Low nutrient levels support outstanding aquatic habitat and recreational values. However, some evidence of increasing nutrient trends (Ausseil 2009) and instances of periphyton guideline exceedance indicate that stringent control of nutrients (as recommended above) is required to maintain water quality and ecological values in the lower river.
257. Limits on soluble nitrogen and phosphorus are recommended to ensure the risk of nuisance growth is reduced. Limits for periphyton cover (periWCC <20%) are also included to reflect the outstanding recreational values in the lower catchment.
258. Limits for cover by potentially toxic benthic cyanobacteria are also recommended at <20%. This percentage of cover is the lower threshold for the ‘alert’ (amber mode) guideline recommended in the national interim guidelines (MfE/MoH 2009).
B2.2.2 Faecal contaminants
259. Faecal indicator bacteria are sourced in the gut of animals and enter water through direct inputs (point source discharges or stock access) and indirect inputs (run-off and overland flow from livestock in the catchment). In many New Zealand rivers, as catchment rainfall and river flows increase, the concentration of faecal contaminants also increases from indirect inputs. In the absence of direct faecal inputs to water, river flow is the key determinant of faecal contamination for most rivers. Escherichia coli (E. coli) are an indicator of the likely risk of more pathogenic organisms being present in freshwater.
260. Faecal contamination in the Ngaruroro River is extremely low, even in the lower river at Chesterhope. All results for Kuripapango were within MoH/MfE (2003) guidelines (Figure 30). At Chesterhope the 90th percentile of data (top whisker) lies between the green (260 E. coli/100ml) and amber (550 E. coli/100ml) alert levels. When high flows are removed from the Chesterhope dataset (the top 20% of flows), only two results exceeded the green guideline (Figure 31). At low flows (less than median) a single observation exceeded the green alert level (Figure 32).
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261. There is an exceptionally low risk of infection from pathogenic organisms for swimmers and other river users in the Ngaruroro catchment. The water quality supports outstanding contact recreation and amenity values, hence its 4th placed ranking for contact recreation amongst the impact sites in the NRWQN. Escherichia coli (E. coli) limits based on the green (260/100ml) and amber (550/100ml) alert levels from the MoH/MfE (2003) guidelines are recommended as limits in the WCO to maintain this value throughout the river.
Figure 30: Log10 E. coli bacteria count for sites in the upper (Kuripapango) and lower (Chesterhope) Ngaruroro River collected between February 2005 and January 2013 at all flows. Points represent 5th and 95th data percentiles, outliers have been removed. Amber (solid red) and green (dashed red) alert levels are recommended as high, and median flow limits respectively.
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Figure 31: E. coli bacteria count for sites in the upper (Kuripapango) and lower (Chesterhope) Ngaruroro River collected between February 2005 and January 2013 at flows less than the 20th exceedance percentile (high flows). The amber alert (high flow) limit is represented by the red solid line.
Figure 32: E. coli bacteria count for sites in the upper (Kuripapango) and lower (Chesterhope) Ngaruroro River collected between February 2005 and January 2013 at flows less than median. The green alert (median flow) limit is represented by the solid red line.
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B2.2.3 Stressors
262. Physical and chemical stressors in water can directly affect aquatic ecosystems or influence the effects of toxicants (e.g. temperature and pH can influence the toxicity of ammonia).
263. Dissolved oxygen (DO) saturation is also an important consideration for aquatic life and in particular trout fisheries and spawning. The critical DO level is the daily (24- hour) minima. The minimum saturation concentration usually occurs at the end of the night, just before sunrise and the resumption of photosynthesis by periphyton and aquatic plants. A daily (24-hour) minimum DO level of 80% of saturation is recommended to protect aquatic habitat values. No continuous (24-hour) DO records were available to assess the Ngaruroro River against this limit. However, given the exceptionally high water quality it is likely that the 24-hour minimum DO is within this limit and suitable to support outstanding trout and ecological values.
264. Water temperature is critical as a stressor and also to mediate metabolic and reproductive processes of aquatic life. High water temperatures can be lethal to fish and macroinvertebrates and also reduce the saturation of dissolved oxygen in water, while at the same time increasing the metabolic demand for oxygen by aquatic life. Few observations exceeded the RRMP guideline of 25oC (Figure 33). Hay et al. (2006) recommend an upper temperature limit of 19oC for outstanding trout fisheries. Several macroinvertebrate prey species (of trout and native fish) are sensitive to high water temperatures, particularly stoneflies and Deleatidium sp. mayflies (Quinn and Hickey 1990). To ensure adequate prey species are available to maintain the river’s aquatic habitat and native fish values a lower river limit of 21oC is recommended. The upper and lower river sites occasionally exceed these recommended limits, usually during periods of extended low flow in the summer months. Limits are proposed which allow for higher temperatures on a small number of occasions by setting compliance with the limit at the 95th percentile of monthly temperature monitoring.
265. Riparian management in the tributaries of the lower river are likely to have the greatest influence on reducing water temperatures in the mainstem of the river (Rutherford et al. 1997; 1999; 2004). Such measures should be considered as part of any future catchment management actions.
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Figure 33: Water temperature for sites in the upper (Kuripapango) and lower (Chesterhope) Ngaruroro River collected between February 1989 and January 2013 at all flows. Upper catchment limit (solid blue line) is for outstanding trout fisheries, lower catchment limit (red solid line) is for maintenance of EPT prey species (as per Quinn and Hickey, 1990).
266. Water clarity is important for contact recreation safety, aesthetic value and to allow for effective sight feeding by fish. Maintaining good horizontal visibility is an important consideration in the maintenance of aquatic habitat, native and trout fishery values, as it allows fish to predate on drifting invertebrates and ensures suspended sediment concentrations are not too high for sensitive species. Hay et al. (2006) recommend a clarity limit of 5m to support outstanding trout fisheries and 3.75m for other significant fisheries. In the lower river a clarity limit of >1.6m at flows less than median is recommended to support contact recreation. For the upper river a clarity limit of >5m is recommended to support the outstanding trout fishery values (Hay et al. 2006).
267. Mean and median water clarity at Kuripapango exceeded the outstanding fishery limit (Figure 34) and drift dive results showed exceptional clarity measurements in the upper river (mean of 11.2m and range of 4-19m). However, mean and median water clarity at Chesterhope was lower than the contact recreation clarity limit of 1.6m, and 90% of samples fell below the recommended lower river limit of 3.75m for trout. Although not ideal to provide for the outstanding ecological values of the lower Ngaruroro River, the 1.6m clarity limit has been recommended in recognition of the sub-optimal state of water clarity, the need for improvement in this indicator and the relationship between the lower limit and the contact recreation and amenity values of the lower river.
Page 67 of 112 268. As is often the case with impacted sites at the bottom of large river catchments in New Zealand, water clarity is the key concern for water quality improvement in the lower Ngaruroro River and must be considered in any future management actions. Currently, water clarity is a potentially serious limitation in supporting outstanding freshwater values, particularly with respect to sight feeding fish and contact recreation safety.
Figure 34: Water clarity (horizontal visibility of a black disc) for sites in the upper (Kuripapango) and lower (Chesterhope) Ngaruroro River collected between February 1989 and January 2013 at all flows.
B2.2.4 Biological Indicators
269. Aquatic macroinvertebrates are bio-indicators of aquatic health and the life-supporting capacity of rivers and streams. They are particularly useful indicators as they integrate environmental conditions over long timeframes, giving a more comprehensive picture of water quality across variable river conditions. Macroinvertebrates are essential prey for native fish and trout.
270. The Macroinvertebrate Community Index or MCI is a commonly used management tool for determining the aquatic health of a site, based on the presence or absence of enrichment tolerant or sensitive taxa. Ideally, the MCI should exceed 120 to support outstanding trout fisheries and exceed 100 to support other significant trout fisheries (Hay et al. 2006). These limits maintain healthy prey communities for trout and native fish.
271. Results for Kuripapango show the median MCI is 130 with the mean MCI exceeding 130 (Figure 35). The Ministry for the Environment state of the environment report (2005-2007 period) ranked the Kuripapango site first out of the 77 NRWQN sites for mean MCI (MfE 2007). These results indicate excellent water quality with no macroinvertebrate diversity limitation, adequate to support outstanding trout and
Page 68 of 112 indigenous fish values. Median and mean MCI values for the Chesterhope site exceed the recommended limit for significant fisheries in the lower river (i.e. 100); meaning water quality is classed as ‘good’ more than half the time. These scores reflect the impacted state of the site at the bottom end of the catchment.
Figure 35: Macroinvertebrate Community Index (MCI) data for upper (Kuripapango) and lower (Chesterhope) sites on the Ngaruroro River collected annually between 1990 and 2012.
B2.2.5 Summary
272. Water quality at Kuripapango is in a near natural state and ranks in the top 2-5 rivers in the country according to the MfE league tables. Water quality is excellent at Chesterhope relative to other comparable lowland rivers in New Zealand. Specifically:
nitrogen and phosphorus concentrations in the upper and lower river are comparatively low ammoniacal-N is extremely low and poses no risk to aquatic life. periphyton cover is well within excellent natural state conditions at Kuripapango, and is maintained within guideline values the majority of the time at Chesterhope, which is unusually good for an impact site. Water temperature is generally within guidelines for outstanding and significant fishery values.
Page 69 of 112 Faecal indicator bacteria are very low in the upper and lower river, supporting outstanding contact recreation and amenity values. Low water clarity in the lower catchment needs improvement in order to protect contact recreation and aquatic habitat values. . Macroinvertebrate communities rank extremely highly, are healthy, and provide a high quality food source for trout and other fish in the upper river. The lower MCI and reduced proportions of EPT taxa and individuals in the lower river is likely associated with increasing nutrients and periphyton cover at Chesterhope, but is still sufficient to support the regionally significant trout fishery in that reach most of the time.
273. The Ngaruroro is unusual in that it has comparatively high water quality throughout its entire length. Water quality in both the Upper Ngaruroro Waters and Lower Ngaruroro River makes a unique and outstanding contribution to the scientific understanding of river water quality in New Zealand. The two NRWQN sites provide a valuable scientific resource as reference sites to describe upper limits and baseline conditions for ‘natural’ and impacted water quality states. Such reference sites are nationally rare, especially in lowland rivers. These sites are particularly useful to enable comparisons with water quality in other lowland rivers. Water quality in the Ngaruroro River is outstanding in its own right (for natural, ecological and scientific reasons) and for its contribution in supporting native fish, bird, and trout habitat, recreation, and cultural values throughout the catchment.
274. Recommended numeric limits to protect water quality in the mainstem of the Ngaruroro River are set out in Table 8. As many of these water quality parameters are flow dependent, it is also critical that water takes and diversions are appropriately managed.
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Table 8: Recommended numeric limits for water quality in the mainstem of the Ngaruroro River. Unless otherwise stated, compliance with these limits should be assessed from monthly data collected under all flow conditions.
Limit Indicator Upper river23 Lower river24
Soluble inorganic nitrogen (SIN) Annual average concentration Annual average concentration (nitrate + nitrite + ammoniacal N) shall not exceed 60 mg/m3 shall not exceed 100 mg/m3
Ammoniacal nitrogen25 Shall not exceed 100 mg/m3 Shall not exceed 100 mg/m3
Dissolved reactive phosphorus Annual average concentration Annual average concentration (DRP) shall not exceed 3 mg/m3 shall not exceed 8 mg/m3
Escherichia coli (E. coli) - year E. coli shall not exceed E. coli shall not exceed round limits 260/100ml when river flows 260/100ml when river flows are are less than median or less than median or 550/100ml 550/100ml when flows are when flows are less than the less than the 20th exceedance 20th exceedance percentile percentile
Dissolved oxygen (DO) per cent Daily (24-hour) minimum DO Daily (24-hour) minimum DO saturation concentration shall not drop below 80% of shall not drop below 80% of saturation saturation
Temperature The 95th percentile of samples The 95th percentile of samples shall not exceed 19oC shall not exceed 21oC
Clarity (horizontal visibility of a Shall exceed 5m at flows less Shall exceed 1.6m at flows less black disc) than the 20th exceedance than the median percentile
Macroinvertebrate Community Shall exceed 120 Long-term (continuous) running Index (MCI) average shall exceed 100
Periphyton weighted composite Shall be less than 20% Shall be less than 20% cover (periWCC)
Cyanobacteria cover Shall be less than 20% Shall be less than 20%
23 Includes tributaries. 24 Does not include tributaries. 25 This is the current RRMP guideline for ammoniacal-N, SIN limits must also be considered when assessing ammoniacal N compliance.
Page 71 of 112 B3 Outstanding for recreational purposes
275. Under section 199(2)(b)(v) of the Act, a water conservation order may provide for the protection of a water body that contributes to or is considered to be outstanding for recreational purposes. The Upper Ngaruroro Waters provide outstanding angling, and whitewater rafting and kayaking opportunities. The Lower Ngaruroro River provides outstanding jetboating opportunities.
B3.1 Angling
276. The Applicants seek preservation of the outstanding angling experience afforded by the following waterways in the Upper Ngaruroro Waters - mainstem of the Ngaruroro River from its source to Whanawhana, and the Taruarau River, Ngaawapurua Stream, Panoko (Gold Creek) Stream, Mangamingi Stream and Te Waiotupuritia (Northern Arm) Stream. The factors contributing to this experience - large well conditioned rainbow trout (refer also section B1.3.3), clear water (refer also section B2.2), stunning scenery (refer also section B2.1), and a remote yet accessible setting – are described in more detail below.
277. The Upper Ngaruroro Waters are an example of what authors have variously described as a ‘headwater fishery’, ‘wilderness fishery’, or ‘back country fishery’. These terms reflect attempts to characterise individual rivers along a continuous spectrum ranging from lowland rivers in highly developed catchments to pristine rivers in remote valleys (Unwin 2013).
278. From the start of the Ngaruroro River, at the confluence of the Te Waiotupuritia and Mangamingi streams, the river meanders across tussock lands for 11km before entering a 100km long reach extending down to Whanawhana that is constrained by steep hills. Typical of headwater rivers access is not easy, however anglers can walk the river bed at low flows, fly or tramp into a number of access points, or raft/kayak the river at higher flows.
279. A significant headwater trout fishery exists in the Taruarau River (and Ikawatea Stream, a primary tributary) - the largest tributary of the Ngaruroro River, entering approximately 13km above Whanawhana. For most of their length, these waterways flow through private and Maori Trust land. In its middle reaches the Taruarau River flows through a dramatic gorge which precludes access to approximately 20km of river, other than limited access upstream of the Napier-Taihape Road. Upstream of this gorge the river meanders through extensive tussock grasslands similar to the upper Ngaruroro River. From two national angling surveys involving a random sample of all trout fishing licence holders Unwin (2013) estimates the annual usage (angler-days ± 1 standard error) of the upper Ngaruroro River (above the Taruarau confluence) as 980 ± 280 days over the 2001/02 season and 550 ± 160 days in 2007/08. However, he notes these figures are confounded by respondents who did not define which part of the Ngaruroro River they fished, which could increase usage figures of the upper catchment.
280. Unwin concludes “its level of use, apparently between 500 and 1,500 visits annually, is consistent with figures for highly valued headwater fisheries elsewhere in New Zealand, such as the Ruakituri, Sabine, Travers, Nevis, Caples and Greenstone. Indeed, few such rivers attract more than 1,000 visits annually, given that high scores for wilderness value and solitude are invariably associated with low levels of usage”.
281. The aspirations and demands of recreational anglers vary, influenced by their level of skill, experience and enthusiasm for their sport. This reflects a generally recognised
Page 72 of 112 progression that most anglers follow as their angling experience develops. When an angler starts off all they aspire to do is catch a fish; any fish. As an angler masters catching fish consistently they move to wanting to catch many fish so tallies become important. The third stage is the pursuit of trophy fish, which amongst New Zealand trout anglers is often fish weighing in excess of the imperial ten pounds (4.54kg). Finally for some, angling becomes about more ethereal aspects – catching a specific fish, fishing a special place or setting, using a particular method or gear, and so on. Many anglers never move past stage one or two, however a minority who tend to be very enthusiastic and skilled, reach stage four.
282. Depending on where an angler is on this continuum determines what their aspirations and desired experiences may be. In other words the qualities that make for an outstanding fishery in terms of meeting the aspirations of the majority of anglers may be quite different to the qualities sought by some more experienced anglers. An example is the Taupo trout fishery which has been internationally renowned since the early 1900’s, and at its peak attracted in the order of 45-50,000 anglers per season. For these anglers the attraction is consistently high catch rates of well-conditioned trout of reasonable size, which are available year round and which are readily accessible. These qualities make Taupo an attractive destination for anglers early in their angling career – a place where they may have ready success and build their skills and confidence. For example, out of 1135 anglers interviewed while flyfishing on the Tongariro River in 2000, 636 (56%) had been trout fishing for five or less years (DOC Taupo angling survey – unpublished data). However while these anglers may rate the Taupo experience highly, for some more experienced anglers trolling a lure behind a boat or fly-fishing for trout they can’t see amidst crowds of other anglers holds little attraction.
283. Many of these anglers are instead attracted to a type of trout fishery that appears unique to New Zealand, and which is highly regarded by both New Zealand and overseas trout anglers. That is, the opportunity to sight fish for large, wild trout in clear water in the upper reaches of scenic and often remote, back-country rivers (Jellyman and Graynoth 1994). For example, Lambroughton and Rizzotto (1990) wrote “But if you go to New Zealand’s gin-clear water, you will know you are fishing for large fish, because you can usually watch the fish and their reaction to each presentation of your fly”. Hill and Marshall (1985) suggest “But, as in most pursuits, there are new horizons and pinnacles for the adventurous. Stalking trout is exciting, effective. Perhaps the ultimate fishing experience!” While Entwistle (1989) states “Fishing in clean rivers …. for wild fish is the most prestigious and sought after experience in the trout fishing world”.
284. For convenience such fisheries have been collectively termed ‘headwater fisheries; characterised by remoteness, exceptional ratings for solitude and scenic beauty, low usage and generally large fish (Jellyman and Graynoth 1994). Strickland and Hayes (2003) instead use the term ‘back country trout fishery’ and found that in a survey of 21 Rangitikei anglers the most essential factors for a satisfying trip were absence of refuse, undisturbed water, absence of other anglers and five other factors relating to quality of the setting, ahead of factors related to catching trout. However, they also noted that the possibility of catching a large rainbow trout in an undisturbed and scenic setting was what anglers nominated as the key factors for why they chose to fish the upper Rangitikei ahead of other remote rivers.
285. A similar survey of back country anglers in Nelson-Marlborough and Otago found the top ranked satisfaction factors were peace and solitude, natural environment/scenery and spotting trout (Walrond and Hayes 1999).
Page 73 of 112 286. This highlights that for many anglers who utilise headwater or backcountry fisheries the experience is about a whole package of qualities, many not related to the fish themselves but rather about the angling experience and the environment.
287. The Upper Ngaruroro Waters are a rainbow trout headwater or backcountry fishery. The Ngaruroro River is one of 45 rivers in New Zealand with a rainbow trout fishery, the majority of which are located in the North Island.
288. Rainbow trout tend to be active and energetic compared to the more languid and purposeful brown trout. Some anglers suggest brown trout are more difficult to catch (e.g. Kent and Hallett 2003), though rainbow trout in backcountry rivers can be equally difficult. Rainbow trout tend to be more vigorous when hooked, and ultimately provide a slightly different angling challenge and experience to brown trout.
289. In any list of premier New Zealand headwater fisheries the upper Ngaruroro River inevitably figures. In the 1982 National Angling Survey the Ngaruroro headwaters were rated as one of nine North Island rivers along with 14 South Island rivers of national importance (Teirney et al. 1982). Along with the upper Ruakituri and Rangitikei rivers the Ngaruroro headwaters were classed as ‘wilderness rivers’, as were three rivers in the South Island. Such rivers are characterised by remoteness, lack of road access, exceptional ratings for solitude and scenic beauty, low usage and generally large fish. The other six North Island rivers of national importance were classed as ‘scenic rivers’ including the Mohaka, Manganuioteao and Tarawera rivers and /or ‘recreational rivers’ including the Tongariro, Tauranga-Taupo and Waitahanui rivers. Scenic rivers were similar to ‘wilderness rivers’, often having exceptional ratings for solitude and scenic beauty, however ratings for size of fish and catch rate were not as high.
290. A 1994 report into headwater trout fisheries in New Zealand (Jellyman and Graynoth 1994) re-examined the original National Angling Survey data, combined with data from a survey of fishery managers which requested information on the attributes of the fish stocks. They suggest the terms ‘headwater’ and ‘backcountry’ fishery are synonymous, and that ‘wilderness’ and ‘trophy’ fisheries are particular types of ‘headwater’ fisheries. Extracting ‘trophy’ rivers (rivers recognised for the potential of catching trophy sized trout) from the data produced a list of 20 North Island rivers and 29 South Island rivers. The Ngaruroro headwaters was one of five North Island and 17 South Island ‘trophy’ rivers which fishery managers considered all season headwater fisheries (fish well all season). In 2011 an expert panel with regard to trout angling in the Hawke’s Bay region applied the River Values Assessment System (RIVAS) to assess the recreational angling value of the different rivers in the region (Booth et al. 2012). They rated the Ngaruroro headwaters (above the Taruarau confluence) of national significance for recreational angling. Also rated of national significance within the Hawkes Bay region were sections of the Mohaka, Wairoa and Tukituki rivers.
291. The Ngaruroro headwaters also figure as one of 23 rivers chosen for the book “Classic Flyfishing in New Zealand Rivers” by Kent and Hallet (2003). Kent has written comprehensive angling guides for both the North and South Islands of New Zealand, and he writes “The 23 rivers I have chosen as classics for this book …. from the approximately 700 rivers and streams available has been as testing as trying to decide the top wines of the year: it is very much a personal choice. I have tried to assess them in a balanced fashion that takes into account angling popularity, the population and size of trout, consistency of the river over many seasons and the range of angling experiences they offer….. In describing the classic rivers of New
Page 74 of 112 Zealand and emphasising fly fishing, I concur with many fishing writers who regard this as the pinnacle of angling pleasure and achievement.”
292. The other North Island rivers that Kent and Hallett chose were the headwaters of the Mohaka, Rangitikei and Ruakituri rivers, and the Rangitaiki, Tongariro and Tauranga- Taupo rivers.
293. Of the Ngaruroro River itself, he writes “the quality of the fishing in pristine waters is the great attraction of this river” and “Fishing the Ngaruroro River is an uplifting adventure and great for the soul. The fish require careful spotting and stalking, and an accurate first cast. Like most New Zealand back-country trout they are not very selective and will accept a wide range of nymphs, dry flies and lures provided these are presented well. However they will spook readily from sudden body movement, rod flash, a sloppy cast or drag. Fish stocks are self-sustaining and healthy though the fish tend to be smaller than in the neighbouring Rangitikei River. However, the Ngaruroro is easier to fish and without doubts rates as one of the best wilderness rainbow fisheries in the North Island.”
294. In a 2005 study (Maxwell and Taylor 2005) 139 Ngaruroro anglers were asked to identify the key factors contributing to their angling satisfaction on the river. They identified the absence of rubbish, peace, scenery, remoteness, clear water, ability to spot trout and undisturbed water - with any factor relating to actually catching trout ranking the lowest of any (Maxwell and Taylor 2005). In other words, anglers sought aesthetic values ahead of any that related to the fish themselves. Only 39% of anglers considered the opportunity to catch large rainbow trout important or essential, exactly the same as for the Rangitikei River despite its reputation for trophy trout.
295. Similarly Fish and Game staff working in the Ngaruroro catchment in 2012/13 asked the 18 anglers encountered an open question “what particularly appeals about fishing the upper Ngaruroro River – what is the attraction to come here?” 14 anglers (78%) cited the scenery/wilderness setting, followed by the clear blue water (61%), remoteness (50%), and size of fish (39%).
296. Maxwell and Taylor (2005) note that “it is seemingly anomalous that our respondents take the presence, abundance and high average size of trout in these rivers (Rangitikei, Ngaruroro and Mohaka Rivers) for granted by not ranking any of these factors very highly in relation to a satisfying trip”. They conclude that “It appears to us that a fishing trip is a package of expectations – that various factors contribute to this package and so it is the package that is important…….The package will likely comprise positive elements (remoteness, attractive backcountry scenery, seeing trout) in the absence of annoying factors (too many people, rubbish, difficulty of access)”.
297. Anglers considered natural environment/scenery the most important factor making the Ngaruroro River unique compared to other remote rivers, closely followed by clear water (Maxwell and Taylor 2005). Of Ngaruroro anglers with experience of other backcountry rivers (n = 77), 14% considered the Ngaruroro the best river they had fished, and a further 76% better than most. By comparison 19% of Rangitikei anglers interviewed regarded this river the best and a further 52% better than most (n = 108). The Mohaka (n = 135) was rated the best by 8% and better than most by 47% of anglers interviewed. That 90% of Ngaruroro anglers with experience of other rivers rated it as better than most or the best is consistent with the 13 anglers encountered in 2012/13 whom were asked to rate the Ngaruroro River, Rangitikei and Mohaka rivers. Twelve of these anglers who were familiar with at least one of the other two rivers rated the Ngaruroro as 1st or 1st equal, 6 rated the Mohaka as 1st or 1st equal
Page 75 of 112 and only one rated the Rangitikei River the best. These results are however influenced by the fact that the anglers were interviewed on the Ngaruroro River, and were therefore likely already enthusiastic about the river.
298. In part, the low support for the Rangitikei River reflects that while many of the anglers interviewed were familiar with the Mohaka River, only 5 of the 18 anglers interviewed had also fished the Rangitikei River. This likely reflects the very limited access for anglers unprepared to pay for one of the guided fishing operators with access to large tracts of the upper Rangitikei River. In contrast more than 60km of the upper Ngaruroro River is accessible to anglers prepared to either walk, or hire a helicopter without a fishing guide.
299. Another demonstration of the quality of the upper Ngaruroro fishery is the use of this river by fishing guides from Poronui Lodge, a premier fly-fishing lodge rated in the World’s Top 10 by American business website Forbes. Poronui Lodge has access to significant tracts of both the Mohaka and Rangitikei rivers, however they regularly choose to also take clients to the Ngaruroro River. Poronui Lodge is only one of several fishing guide companies that regularly use the Ngaruroro River.
300. That the Mohaka, Rangitikei and Manganuioteao rivers are outstanding recreational fisheries is recognised by the Water Conservation Orders currently in place on these waterways. Evidence suggests the upper Ngaruroro fishery is of similar quality and therefore also ‘outstanding’. The Upper Ngaruroro Waters provide the whole package – large well conditioned rainbow trout in clear water amidst stunning scenery and in a remote setting, yet accessible to those prepared to make an effort.
301. The Applicants seek preservation of the factors contributing to the outstanding angling in the Upper Ngaruroro Waters in their natural state.
Figure 36: An excellent rainbow trout caught in crystal clear water and in a spectacular landscape setting, near Boyd Hut.
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Figure 37: Another excellent rainbow trout, this time caught near Ngaawapurua, with beech forest providing the backdrop.
Figure 38: A second large rainbow trout caught and released on the same day from the same pool, as the trout shown in the previous image.
Page 77 of 112 B3.2 Whitewater kayaking/rafting
302. The Applicants seek to preserve the outstanding rafting/kayaking values supported by the mainstem of the Ngaruroro River within the Upper Ngaruroro Waters. This value is described in more detail below.
303. The Ngaruroro catchment offers rafters/kayakers a range of paddling experiences. They include two multi-day options (or runs) on the mainstem of the Ngaruroro River that are of moderate difficulty. These runs are considered outstanding due to the scenery, the sense of remoteness, the quality of the whitewater, and the fact multi- day runs are rare in New Zealand. The two multi-day runs can be combined for an even longer rafting/kayaking experience.
304. The sections that are rafted/kayaked in the Upper Ngaruroro Waters are referred to as:
The upper river run from Boyd Hut to Kuripapango on the mainstem of the Ngaruroro River The lower gorge run from Kuripapango to Whanawhana on the mainstem of the Ngaruroro River, and The Taruarau River run from the Napier-Taihape Road bridge to Ngaruroro River confluence. This run is considered to be regionally significant by the Applicants.
B3.2.1 Upper River Run
305. The Upper River is normally run after flying in by helicopter or fixed wing to the airstrip below Boyd Hut. Another popular entry point is Ngaawapurua Hut, some distance further downstream. Rafters/Kayakers then take 2-3 days to run the river down to Kuripapango, on the Taihape to Napier highway. The river passes mainly through public land administered by the Department of Conservation, and several huts are available for use. This is an outstanding wild and scenic kayaking run (refer section B3.2.3).
306. The Ngaruroro River in this part of the catchment starts out as a relatively small braided river in the upper reaches with Class I to II26 whitewater in open tussock
26 The international river classification grading system recognises six classes or grades of whitewater, broadly described as follows: Class I - flat moving water. Current is slow to moderate, and the route is obvious so little need to manoeuvre is required. Class II - moving water with a few obstacles and challenges. Some ability to manoeuvre is required. Water features such as small waves, hydraulics and drops exist. The route is reasonably clear. Class III - intermediate water. Ability to manoeuvre in turbulent water is required. Water features such as irregular waves, hydraulics and drops exist. Route requires experience, and a self-recovery roll is important. Class IV - advanced. Very challenging water. Frequently checked from the bank prior to running and often safety is put in place using throw-ropes. The way through the rapid is often not obvious so a sound ability to manoeuvre in powerful and turbulent water is required. Water features such as large and irregular waves, powerful hydraulics and significant drops exist. Route requires experience, and a reliable self-recovery roll is extremely important. Class V - expert. This steps up again on grade 4. Extremely difficult, and extremely consequential if mistakes are made.
Page 78 of 112 country. The river then passes down through small gorges, which gradually increase in size as the river descends first into hills covered in scrub and flax and then into gorges surrounded by beech forest. The flow in the river steadily increases from the many small streams flowing into it. The river bed is largely confined to a single channel with a combination of boulder and bedrock rapids. Passage down many of the Class II to III rapids is very tight and difficult in rafts and catarafts, especially in lower flows, but easier in kayaks. Many of the rapids have small but steep drop-offs through boulders onto cliff faces. Paddlers have to be careful to avoid pinning (getting stuck) on rocks in such tight rapids.
307. The scenery from river level is spectacular. Especially notable is the progressive change in vegetation cover down the river from the upland tussock, scrub country and beech forest, and finally into the manuka forest near Kuripapango. Trout and eels are often visible in pools when the river is low and clear. The river is very remote and difficult to access so has a very strong wilderness feel. Kayaking parties venturing down the river have to be capable, self-sufficient and independent, and able to kayak with their boats full of camping gear. Some kayaking trips are made with raft support. Weather on the river can be inclement at times and flows can rise quickly, so parties have to be able to deal with such conditions and make appropriate decisions about running the river in flood or high flows, or waiting until flows drop.
308. Travel down the upper river to Rocks Ahead Hut can be relatively slow in lower flows as the river twists and turns and drops down through the many tight Class II and III rapids. There are one or two tight technical Class III+ rapids. Below Rocks Ahead Hut the rate of travel picks up. The tight Class III rapids remain, but down to and below the Kiwi Mouth Hut the flatter reaches of the river become longer and straighter between corners and at times between rapids. At Cameron Hut the vistas up onto the surrounding hills are impressive, as the surrounding country is very precipitous. Good Class II to III whitewater continues down to Kuripapango campground. The upper river run ends here or rafters/kayakers can continue on down through the Oxbow section27 to get out at the Taihape-Napier highway bridge.
B3.2.2 Lower Gorge Run
309. The Lower Gorge run from Kuripapango to Whanawhana is accessed from the campground or Taihape-Napier highway bridge. This is another memorable wilderness run, usually involving a two-day Class III-IV trip, but in high water is a Class IV trip and can be run as a very long day trip.
310. From Kuripapango the river flows down a narrow rocky gorge containing numerous Class II to III rapids for the first 10km. The river at water level is often enclosed by vertical schist walls on both sides and surrounded by manuka forest and is very scenic, although with quite different character to the upper river run. The river then enters a 9km rocky gorge where the rapids steadily build in intensity and difficulty to Class III+ and finally culminate in Barrier Falls or the Barricade, which is a Class IV
Class VI - the upper limit. Rarely if ever run. Highly risky even for the top tier of paddlers. These classes are sometimes expressed with intermediate steps e.g. a Class III+ run is harder than a Class III, but not as hard as a Class IV run.
27 The Oxbow reach is a short section of Class II water from Kuripapango campground down to the Taihape-Napier highway bridge. This is frequently used by campers in the area over summer to float down in all sorts of craft including kayaks, and is an ideal nursery ground for canoe club members, youngsters, schools and families alike to be introduced to white water. The reach is widely paddled by members of the Hawkes Bay Canoe Club for training beginner and novice kayakers.
Page 79 of 112 narrow rock passage. There are three more Class III to IV rapids below Barrier Falls and then the river eases to Class III to II down to the Taruarau River confluence and then becomes a Class I-II river flowing over a braided shingle river bed and passing through wide open gorge sections down to the Whanawhana takeout.
B3.2.3 Value of the Runs
311. The Ngaruroro catchment contains consistent Class II and III rapids, and a few higher Class IV rapids, making the river accessible and challenging to a wide range of white water kayakers, and especially intermediate kayakers. Combined with the wilderness and scenic values, the white water values produce an outstanding river, which is responsible for attracting kayakers and rafters from around the country. The strong wilderness feel in the Lower Gorge is summed up by a River Valley rafting client who commented “A highlight was the total sense of isolation and wilderness that began within 10 minutes of launching the rafts and lasted until we saw some fishermen an hour before reaching the takeout.”
312. The entire river is navigable, although higher flows make the upper river run easier to run. The river has a consistent gradient providing continual rapids throughout much of its length. The whitewater, the ability to paddle through such a diverse array of landscape and vegetation on one river, the ability to raft or kayak for three or four days without seeing a road, while staying in huts, and 100km of navigable, unpolluted river make the Ngaruroro a sought after river.
313. In the 1981 Recreational River Survey of New Zealand’s Rivers (NZRRS) the following rankings (Table 9) were given for the recreational and scenic values of the Ngaruroro River (Egarr and Egarr 1981). The high and exceptional recreational values ascribed to the Upper Ngaruroro and Lower Gorge, respectively, were primarily for the kayaking values of the runs.
Table 9: Values assessed in the 1981 New Zealand Recreational River Survey
River Recreational Valuea Scenic Valueb Ngaruroro, upper run High Impressive Ngaruroro, lower gorge run Exceptional Impressive a Ranked on a five point scale of insignificant, low, intermediate, high and exceptional (low reflects a valueless and mediocre rating by users, whereas exceptional reflects an extreme ranking). b Ranked on a six point scale of dull, uninspiring, moderate, picturesque, impressive, and exceptional.
314. In 1991 the New Zealand Canoeing Association (now Whitewater NZ) conducted the River Use Survey (RUS) to determine the relative values of the then top-200 kayaking runs in New Zealand (Hunt et al. 1993). Six hundred kayakers throughout New Zealand were surveyed and those that had run the Ngaruroro were asked to rate the overall importance, scenic beauty and wilderness feeling attributes of the river (Table 10). Mean ratings and New Zealand wide rankings were then determined for the two Ngaruroro River runs.
Page 80 of 112 Table 10: Values assessed in the 1991 NZCA River Use Survey (ranks in parentheses are for North Island rivers only).
Ngaruroro River Overall importancea Scenic beautyb Wilderness feelingc Rank for Class Rating Rank Rating Rank Rating Rank III-III+ rivers to Kuripapango 4.11 16 (8) 5 (2) 4.51 3 (2) 4.74 3 (2) Kuripapango to 3.89 27 (13) 12 (4) 4.14 22 (12) 4.14 8 (6) Whanawhana a Rated on a five point scale: little or no importance (1), minor importance (2), moderately important (3), important (4), extremely important (5). b Rated on a five point scale: not attractive (1), moderately attractive (2), attractive (3), very attractive (4), inspiring (5). c Rated on a five point scale: no wilderness feeling (1), little wilderness feeling (2), some wilderness feeling (3), strong wilderness feeling (4), exceptional wilderness feeling (5).
315. Table 2 shows the two kayaking runs on the Ngaruroro as rating highly amongst all of the runs throughout New Zealand, and in particular amongst runs of similar classes of difficulty. The wilderness feeling and scenic beauty ratings of the upper River run reflect the outstanding natural beauty it has compared with many other rivers within New Zealand and the North Island. For example, the wilderness feeling and scenic beauty values are ranked second only to the Gorges on the Motu River in the North Island, which has a Water Conservation Order (WCO) for its whitewater values over it.
316. The lower gorge run shows slightly lower ratings and rankings, but nevertheless is amongst the top-30 kayaking runs in the country.
317. The overall importance rankings of these reaches are similar to other rivers with WCOs to protect whitewater kayaking i.e. Rangitata, Buller, and Mohaka rivers. These ratings and rankings clearly show the outstanding value of the Ngaruroro River in the national context.
318. The high value of the Ngaruroro mainstem (from Boyd to Whanawhana) was recently confirmed as part of a River Values Assessment (RiVAS) undertaken in Hawkes Bay region (Booth et al. 2012). In this assessment, the Ngaruroro run was ranked as being of national importance.
B3.2.4 Summary
319. The mainstem of the Ngaruroro River within the Upper Ngaruroro Waters supports outstanding whitewater rafting/kayaking values. These values include whitewater of moderate difficulty, spectacular scenery, remoteness, excellent water quality, and the opportunity for multi-day trips.
320. The Applicants seek to preserve the outstanding rafting/kayaking values of the Upper Ngaruroro Waters in their natural state.
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Figure 39: Cold, clear water in the tussock clad reaches of the upper river run.
Figure 40: Mid upper river run – great whitewater and stunning scenery. A typical tight rocky Class III rapid.
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Figure 41: Beech forest in the upper river run.
Figure 42: Lower gorge run with sheer walls, steep country backdrop, and manuka on river margins.
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Figure 43: Lower gorge run showing tilted schist walls
Figure 44: Barrier Falls in the lower gorge run - a Class IV rapid.
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Figure 45: Ngaruroro River between Taruarau River confluence and Whanawhana.
B3.3 Jetboating
321. The braided section of the Lower Ngaruroro River mainstem between Whanawhana (NZTopo50 BK37:918-158) and Fernhill bridge (NZTopo50 BK38:230-114) is highly valued for the persistent and reliable shallow water jetboating recreation opportunities it provides.
322. Shallow water jetboating involves travelling along waterways at speed, where the water may be only 50mm deep. The specialised design of a ‘jetboat’ (where nothing protrudes below the bottom line of a robust hull) enables sustained navigation over what would seem impossibly shallow water. The greater the variability in channel form and flow depth within a waterway, the greater the challenge. Accordingly, shallow water jetboating usually takes place during low to mid river flows (beyond this, the braided channel form is drowned-out). The preferred river type comprises multiple channels and a bed of fine, loose gravel. Being a relatively safe activity, often the entire family is involved and it is a great way to explore otherwise inaccessible sections of river.
323. The Applicants consider the braided reach of the Ngaruroro River mainstem between Whanawhana and Fernhill as outstanding in terms of the jetboating experience it provides. The particular values/attributes contributing to the outstanding jetboating values of this section of river are set out below. The Applicants consider this combination of values is not replicated or offered by any other river in the North Island.
Page 85 of 112 Channel length – this reach of the river is approximately 52km long, making it the longest and one of the last remaining reaches of braided river channel in the North Island. Channel bed – the channel comprises fine aggregate, with relatively few large rocks capable of causing hull damage. Flow and channel variability and boating challenge – natural changes in flow, even by as little as 2 cumecs, can greatly alter the river channel and the jet- boating experience by forming or closing-off channels. Mobile bed – the fine aggregate forming the bed, combined with the natural flood pattern of the Ngaruroro River, means the channel bed is very mobile, resulting in new channels and braids forming after each fresh. This means jetboaters typically experience a ‘new’ river each time they go out. Unmodified character – although this section of river flows through a modified environment, the channel itself is remains reasonably unmodified. The general absence of river engineering structures or activities ensures the river expresses its natural character according to flood activity and gravel movement. This also removes the potential navigation and safety hazards associated with river engineering structures and activities. Current water abstraction and gravel extraction activities do not impact on the jetboating experience. Accessibility – this reach of the river is readily accessible with multiple launching and retrieval points. Clean environment – a low suspended sediment load through this reach of the river, as a result of the mostly unmodified nature of the upper catchment, means the river runs clear for a large proportion of the time greatly aiding navigation and is visually appealing to jetboaters. Similarly, low nutrient levels mean there are relatively low periphyton levels, adding to the visual appeal of the river, particularly when having riverside picnics or swimming (essential elements of the family-oriented aspects of jetboating). Other users – use of this section of river by others is limited, and long sight distances ensures conflict between different user types (e.g. fishermen) is readily avoided.
324. The quality and scale of the jetboating experience offered by this section of the Ngaruroro River regularly attracts jetboaters from Wairarapa, Wellington, Manawatu, Taranaki, Bay of Plenty, Waikato and Auckland. Approximate annual use figures, as part of informal use and organised events, for the braided section of the Ngaruroro River are shown in Table 11.
Table 11: Approximate annual jetboat usage for the braided reach of the Ngaruroro River.
Description Number of Boats per Average Total people weekend weekend passengers events per boat Winter period 21 8 2.5 420 Summer period 21 15 2.5 788 JBNZ events 10 40 3.0 1200 Total passengers per year 2408
325. The Applicants seek to protect and maintain the outstanding jetboating opportunities provided by the braided section of the Ngaruroro River, between Whanawhana and Fernhill. This includes controlling activities that disrupt the natural flow regime and
Page 86 of 112 movement of gravel from the upper catchment into the braided reach, further modifies the flow regime or gravel movement through the braided reach, or creates barriers that prevent safe passage or navigation of jetboats through the braided reach.
Figure 46: Jetboats lined-up near Whanawhana as part of a JBNZ event – showing the number of boats and participants typically involved in such an event.
Figure 47: The consequences of not paying attention and making the wrong decisions in the braids – a long undignified push!
Page 87 of 112 B4 Outstanding significance in accordance with tikanga Māori and for cultural and spiritual purposes
326. Under section 199(2)(b) (v) and (c) of the Act, a water conservation order may provide for the protection of characteristics which any water body has or contributes to, and which are considered to be of outstanding significance for cultural and spiritual purposes and in accordance with tikanga Māori.
327. The Applicants consider the waters of the Ngaruroro River and Clive River catchment have characteristics that are of outstanding significance for cultural and spiritual purposes and in accordance with tikanga Māori.
B4.1 Iwi connected to the Ngaruroro River
328. The headwaters of the Ngaruroro River, upstream of approximately Boyd Hut, are almost entirely contained within lands administered by the East Taupo Lands Trust. This Ngati Tuwharetoa trust manages these lands on behalf of approximately 6,000 owners. The Trust Lands are largely in their natural state, and are commonly expressed as being the heart of the Kaimanawa Ranges. The Mohaka and Rangitikei rivers also begin their journey to the ocean from these lands. Water Conservation Orders cover the upper reaches of both these other rivers.
329. Ngati Tuwharetoa have been working with Crown agencies over the past decade to align the respective land management practices of the adjoining landowners to better protect the high natural values present in this part of the Ngaruroro catchment.
330. The land contained within the East Taupo Lands Trust block have cultural, spiritual, and historic significance to Ngati Tuwharetoa.
331. The remainder of the Ngaruroro catchment is subject to various Treaty of Waitangi claim processes by Ngati Kahungunu (and individual hapu). Ngati Kahungunu identifies the Ngaruroro River as having important associations because of its mahinga kai (food sources), the presence of nohoanga (settlements), urupä (burial places), wāhi tapu (sites and places sacred to Māori people), traditional trails and other taonga. The association with mahinga kai is particularly relevant to this WCO. Mahinga kai species of significance in the Ngaruroro catchment include tuna (eel), patiki (black flounder), inanga (whitebait), and marine wanderers (e.g. mullet and kahawai).
332. Ngati Kahungunu’s cultural, social, environmental and economic vision and objectives for the future are set out in ‘Kahungunu 2026’. The section of the document setting out the iwi’s environmental aspirations provides the following to describe Ngati Kahungunu’s interest in, connection to, and role in the environment “Our natural environment provides our physical sustenance as well as being a reminder of tipuna and the spiritual aspect of our existence. The health of our environment has a direct influence on the health of our people. We are charged to preserve and protect our air, water and lands and the resources within for the benefit and survival of our mokopuna.”
333. The environment section contains the following goals of relevance to the WCO application: Protecting cultural landmarks - Waahi Tipuna, Waahi Tapu, Waahi Tohi, Rua kooiwi Restocking, reseeding, re-vegetation of native flora, fauna & fisheries
Page 88 of 112 Set regulatory standards and environmental clean up strategies in place for waterways, land management, contaminated land sites.
334. ‘Kahungunu ki Uta, Kahungunu ki Tai, Marine and Freshwater Fisheries Strategic Plan (2008)’ sets out Kahungunu’s aspirations for the use and management of marine and freshwater fisheries within their rohe in accordance with the objectives above. This document seeks to reintegrate Kahungunu customary non-commercial and customary commercial fisheries. The strategy prioritises local management in accordance with tikanga Māori.
335. Additionally, most Maori Land Trust’s located in the Upper Ngaruroro Waters have prepared, or are in the process of developing, management/conservation plans that recognise the values and characteristics that contribute to the significance of their lands in accordance with tikanga Māori. Several Trusts are taking active steps to protect/enhance those values e.g. kiwi and whio protection initiatives. Interestingly, many of the tourism ventures (e.g. fishing, farm stays, deer hunting, eco-tourism) operating on these Lands promote and/or capitalise upon the outstanding values highlighted elsewhere in this application.
336. Recognition and protection of the outstanding significance of the Upper and Lower Ngaruroro Waters in accordance with tikanga Māori would give effect to section 6 (e) of the RMA and the objectives and policies of the Hawkes Bay Regional Resource Management Plan. In particular: Protection of the primary principle first order priority consideration of customary uses, and The primary principle of Kaitiakitanga.
337. The Applicants consider that preservation of the Upper Ngaruroro Waters in its natural state, and protection of the native fish and birds, and water quality values identified in the Lower Ngaruroro River as being complementary to the stated aspirations of tangata whenua and will contribute in a significant way to protecting the values that are outstanding to iwi and hapu.
B4.2 Ngati Hori ki Kohupatiki and the Clive River
338. Ngati Hori is a hapu of Ngati Kahungunu ki Heretaunga. Ngati Hori ki Kohupatiki are kaitiaki of the Clive River (also known as the lower Karamu Stream, which occupies the former course of the Ngaruroro River prior to the river’s repositioning to its current more northerly position during the 1969), and the lower reach of the Ngaruroro River downstream from approximately Chesterhope Bridge.
339. The importance of the Ngaruroro River to Ngati Hori is reflected in the location of Kohupatiki marae on the true left bank of the former Ngaruroro River (now Clive River). Kohupatiki marae was established directly across the river from Tanenuiarangi pa during the 1860s. The Tanenuiarangi pa was established sometime during the 1700s. The name of the meeting house on kohupatiki marae is Tanenuiarangi. Ngati Hori recently celebrated the 100 year anniversary of the whare nui.
340. The Ngaruroro River owes its name to the tidal influx of fish which penetrate well into the interior of the catchment. On one occasion explorer Mahu Tapoanui’s dog disturbed a shoal of upukororo (the now extinct grayling) while crossing the river. The
Page 89 of 112 fish took fright and fled up the river creating waves as they went. The river has been known as Ngaruroro ever since.
341. The name kohupatiki is believed to be a descriptive one. When patiki (flounder) in the river were disturbed they sent up a cloud or kohu (mud), leading to the name kohupatiki.
342. The Ngaruroro River was very much part of daily life for Ngati Hori ki Kohupatiki and provided an abundant source of mahinga kai (fish, waterfowl and plants). Early occupants in the area recognised their dependence on the river as a food source, a waterway and dwelling place. A spiritual bond grew up between man and river and the regular tidal surges gave rise to the tradition of Wahaparata, the taniwha who delivered kaimoana from the sea.
343. Ngati Hori and kohupatiki marae are still deeply spiritually and culturally connected to the Ngaruroro River, despite the River having been shifted. The Clive River and lower Ngaruroro River is still used by Ngati Hori people for the purposes of mahinga kai gathering, amongst other uses.
344. In a bid to restore the mauri and mana of the Clive River Ngati Hori developed the ‘Freshwater Resources Management Plan 2009-2012’ (refer Annex 10). This document sets out the hapu’s aspirations for freshwater management in their rohe, and has the following priorities for the Clive River (Karamu Stream):
Achieving sufficient water flow Improving water quality Protection and restoration of traditional riparian vegetation Protection and restoration of fish and fish habitat.
345. It is intended the Hawkes Bay Regional Council takes this document into account as part of any statutory processes relating to river and freshwater management. The document also has a complementary role of directing Ngati Hori’s monitoring and research efforts, and on-the-ground restoration action.
346. Ngati Hori seek to protect the outstanding cultural values associated with the Clive River by preventing any additional loss of water from, or deterioration of water quality in, the river. Ngati Hori’s intention is not to prevent or restrict actions aimed at restoring the river or its mauri.
B5 Summary
347. A summary of the waters covered by this application, and their outstanding values, is provided in Table 12.
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Table 12: Summary of waters and associated values covered by this Application.
Category Location in catchment Outstanding values Upper Ngaruroro Waters Entire Upper Ngaruroro Waters, Wild, scenic and natural landscape upstream of Whanawhana Water quality cableway Habitat for native birds Habitat for native fish Cultural and spiritual value in accordance with tikanga Maori Ngaruroro River mainstem (source Rainbow trout habitat to Whanawhana cableway), and all tributaries upstream of Kuripapango Taruarau River mainstem and Rainbow trout habitat Ikawatea Stream Ngaruroro River mainstem (source Rainbow trout fishery to Whanawhana cableway), Taruarau River, Ngaawapurua Stream, Panoko (Gold Creek) Stream, Mangamingi Stream and Te Waiotupuritia (Northern Arm) Stream Ngaruroro River mainstem, above Whitewater rafting and kayaking Whanawhana Lower Ngaruroro River Ngaruroro River mainstem from Water quality Whanawhana cableway to inland Cultural and spiritual value in limit of coastal marine area (braided accordance with tikanga Maori and flood control reaches) Ngaruroro River mainstem from Habitat for native birds Whanawhana cableway to Fernhill Habitat for native fish (braided reach) Jetboating Ngaruroro River mainstem from Contribution to native fish habitat Fernhill to inland limit of coastal elsewhere in the catchment (in the marine area (flood control reach) form of fish passage) Contribution to native bird habitat elsewhere in the catchment (in the form of feeding grounds) Lower Ngaruroro River Contribution to flows and water tributaries and quality supporting outstanding connected groundwater values Clive River Clive River mainstem from Raupare Cultural and spiritual value in Stream confluence to State accordance with tikanga Maori Highway 2 bridge (inland limit of the coastal marine area)
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SECTION C - RESTRICTIONS OR PROHIBITIONS SOUGHT
348. When making an application for a Water Conservation Order, section 201(2)(b) of the Act requires that the applicant shall state the reasons for the application with reference, where practicable, to the matters set out in section 200 of that Act.
349. Section 200 of the Act describes the meaning of Water Conservation Orders and outlines what restrictions or prohibitions can be provided for under a Water Conservation Order.
350. When making an application for a Water Conservation Order, section 201(2)(c) of the Act also requires that this application describe the provisions which, in the Applicants opinion, should be included in a Water Conservation Order and the effect that such provisions would have on the water body.
Summary of restrictions and prohibitions sought
351. The Applicants consider that in order to recognise and sustain the outstanding amenity and intrinsic values described in Section B, a Water Conservation Order should provide for the preservation of the Upper Ngaruroro Waters (as defined in Section A) in their natural state, by:
Retaining the quality, quantity, level and rate of flow of the Upper Ngaruroro Waters in their natural state Preventing any damming or further takes or diversion of water Preventing any direct discharges to water, and Preventing the direct and indirect discharges of contaminants (including sediment) associated with certain types of land use intensification. Recommended numeric water quality limits for the Upper Ngaruroro Waters are set out in Table 13.
Page 92 of 112 Table 13: Recommended numeric limits for water quality in the mainstem of the Ngaruroro River. Unless otherwise stated, compliance with these limits should be assessed from monthly data collected under all flow conditions.
Limit Indicator Upper river28 Lower river29
Soluble inorganic nitrogen (SIN) Annual average concentration Annual average concentration (nitrate + nitrite + ammoniacal N) shall not exceed 60 mg/m3 shall not exceed 100 mg/m3
Ammoniacal nitrogen30 Shall not exceed 100 mg/m3 Shall not exceed 100 mg/m3
Dissolved reactive phosphorus Annual average concentration Annual average concentration (DRP) shall not exceed 3 mg/m3 shall not exceed 8 mg/m3
Escherichia coli (E. coli) - year E. coli shall not exceed E. coli shall not exceed round limits 260/100ml when river flows 260/100ml when river flows are are less than median or less than median or 550/100ml 550/100ml when flows are when flows are less than the less than the 20th exceedance 20th exceedance percentile percentile
Dissolved oxygen (DO) per cent Daily (24-hour) minimum DO Daily (24-hour) minimum DO saturation concentration shall not drop below 80% of shall not drop below 80% of saturation saturation
Temperature The 95th percentile of samples The 95th percentile of samples shall not exceed 19oC shall not exceed 21oC
Clarity (horizontal visibility of a Shall exceed 5m at flows less Shall exceed 1.6m at flows less black disc) than the 20th exceedance than the median percentile
Macroinvertebrate Community Shall exceed 120 Long-term (continuous) running Index (MCI) average shall exceed 100
Periphyton weighted composite Shall be less than 20% Shall be less than 20% cover (periWCC)
Cyanobacteria cover Shall be less than 20% Shall be less than 20%
352. The Applicants consider the outstanding values of the Lower Ngaruroro River (as defined in Section A), and the contribution of these waters to the outstanding values of the Upper Ngaruroro Waters (i.e. fish passage), should be protected by preservation of the Lower Ngaruroro River in its current modified state by:
28 Includes tributaries. 29 Does not include tributaries. 30 This is the current RRMP guideline for ammoniacal-N, SIN limits must also be considered when assessing ammoniacal N compliance.
Page 93 of 112 Preventing any damming of the mainstem of the Ngaruroro River. (Note: the Applicants do not seek to prevent damming in tributary catchments of the Lower Ngaruroro River (i.e. for water storage) if the values in the mainstem are protected) Preventing any contraction of the active floodplain width of the braided reach (Whanawhana cableway to Fernhill) Preventing any new water takes during times of low river flow Retention of the current water allocation regime through the lower river (including connected groundwaters), for existing users, for as long as this proves to be sufficient to protect the identified outstanding values. Requiring all new consents associated with the taking or diversion of water to require screens to prevent the entrapment or impingement of fish (refer Table 14). Preventing any further direct discharges to water Preventing the direct and indirect discharges of contaminants associated with certain types of land use intensification that will result in specified water quality limits being breached. Recommended numeric water quality limits for the Lower Ngaruroro River are set out in Table 13, and Not restricting efforts to improve the quality, quantity, level and rate of flow in the Lower Ngaruroro River.
353. The restrictions and prohibitions being sought for the Upper Ngaruroro Waters and Lower Ngaruroro River are not intended to prevent reasonable future takes for domestic needs, stock water and firefighting, subject to compliance with proposed minimum fish screen design parameters set out in Table 14, where possible.
Table 14: Recommended fish screen requirements
Feature Minimum Standard Screen location At the point of water diversion from the River (or as close as practicable) Screen size (aperture) Aperture size not exceeding: 2mm diameter for profile bar screens 3mm diameter for woven mesh screens 3.2mm diameter for perforated plate screens Approach velocity No greater than 0.12 metres per second Sweep velocity (parallel to the face of the Equal to or greater than the approach screen) velocity at all times Return of fish to an active flowing channel of Effective bypass structure the water from which they were diverted Screen maintenance and operation To ensure that the screen remains effective at all times
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354. The Applicants consider the outstanding cultural values of the Clive River (as defined in Section A), should be protected by preservation of the Clive River in its current modified state by:
Preventing any new water takes in excess of the current allocation Preventing any further direct discharges to water Preventing degradation of the water quality of the Clive River as a result of direct and indirect discharges of contaminants associated with land use intensification and runoff from industrial complexes, and Not restricting efforts to improve the quality, quantity, level and rate of flow in the Clive River.
355. The Applicants do not seek to halt or unnecessarily restrict operation of the Ngaruroro flood control and drainage scheme. However, if successful, this Water Conservation Order will signal to the scheme manager the need to take into account native fish values when planning and undertaking works
356. The above provisions are set out in greater detail in the draft Order accompanying this application.
Page 95 of 112 SECTION D – MATTERS TO BE CONSIDERED BY A SPECIAL TRIBUNAL
357. When making an application for a Water Conservation Order, section 201(2)(b) of the Act requires that the applicant shall state the reasons for the application with reference, where practicable, to the matters set out in section 207 of that Act.
358. Section 207 states that when considering an application for a Water Conservation Order, a Special Tribunal shall have particular regard to the purpose of a Water Conservation Order and the other matters set out in section 199. These matters have been addressed in previous sections to this application.
359. Section 207 also requires a Special Tribunal to have regard to three matters, being:
a. The application and all submissions;
b. The needs of primary and secondary industry, and of the community; and
c. The relevant provisions of every national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, and district plan, and any proposed plan.
The application and all submissions
360. It is not practicable at this stage for the Applicants to provide responses to issues raised by potential submitters. This cannot occur until the application has been publicly notified and submissions received.
The needs of primary and secondary industry, and of the community
361. It is most appropriate that groups and individuals with an interest in primary and secondary industry and others in the community have an opportunity to share their views in public process.
362. During the preparation of this application the WCO proposal and the values identified for protection were discussed with individuals representing the following groups/organisations (refer also to consultation log at Annex 12):
Government ministries – Ministry of Primary Industry, Ministry for the Environment, Department of Conservation Local government – Hawkes Bay Regional Council, Hastings District Council, Rangitikei District Council Maori Lands Trusts – Aorangi-Awarua Trust, East Taupo Lands Trust, Owhaoko Trust block representatives Private landowners – Roberts (large private landholding in the Taruarau catchment), Ngamatea Station Iwi/hapu – Ngati Tuwharetoa, Ngati Kahungunu, kohupatiki marae, Non-government organisations (NGOs) – National and Hawkes Bay Fish and Game, Forest and Bird at a national and local level Community groups/clubs – Hawkes Bay Canoe Club, Hastings Anglers Club, Napier Freshwater Anglers Club, Central Hawkes Angling Club, Heretaunga Tramping Club, Napier Tramping Club, Hastings Deerstalkers Association, Napier
Page 96 of 112 Deerstalkers Association, Central Hawkes Bay Forest and Bird branch, Napier Forest and Bird branch National bodies – Whitewater New Zealand, Jetboating New Zealand, New Zealand Professional Fishing Guides Association, New Zealand Rivers Association of Professional Guides (rafting) Irrigators and growers – via Hawkes Bay Regional Council’s TANK31 group, and as a separate group Commercial operators – Mohaka Rafting, River Valley Lodge and Rafting Media – the application has also been promoted through Fish and Game newsletters/magazines, and Hawkes Bay newspapers
363. Feedback from these groups/organisations fell into one of four categories – supportive, uninterested, watching brief, and concerned. Generally:
NGOs, community groups, national bodies and commercial operators were supportive Private landowners in the upper catchment were uninterested Government ministries and local government would maintain a watching brief and expressed interest in the overlap and complementary nature of statutory instruments under the RM Act 1991 Maori Lands Trusts initially expressed concerns about what impact the WCO would have on the current and future use of their lands, but these concerns are now mostly addressed Irrigators/growers expressed concerns about what impact the WCO would have on the current and future use of their lands (both developed and undeveloped) and their access to water for irrigation and crop processing. However there is significant congruence in the values held by this those sought to be protected through the WCO. Iwi/hapu expressed concerns about what impact the WCO may have on Treaty settlement negotiations and their involvement in future management of the Ngaruroro River. However, despite these concerns, Ngati Kahungunu advised the application should proceed.
364. Where provided, views and feedback from these parties were considered and incorporated into the application where possible.
365. The proposed Water Conservation Order seeks to preserve the Upper Ngaruroro Waters in their near natural state. That is, existing land uses and levels of land use can continue, but this application (if successful) would place restrictions on any additional water takes or discharges (point or non-point), and dams. There is a relatively low level of land development within the Upper Ngaruroro Waters in the form of extensive sheep and beef farming and some exotic forestry. This application signals to Hawkes Bay Regional Council there is a need for regional plan rules to restrict water takes, dams, point source discharges, and land uses and any associated non-point source runoff of contaminants, within the Upper Ngaruroro Waters.
31 The ‘TANK’ group (an acronym for the Tutaekuri, Ahuriri, Ngaruroro and Karamu river catchments) is made up of 35 individuals from the agricultural and horticultural sectors, environmental and community interest groups, and mana whenua and tangata whenua. The group works alongside researchers/facilitators from the Cawthron Institute and Landcare Research. The group was established to assist Council in reviewing land and water management in the Ahuriri and Heretaunga Plains area.
Page 97 of 112 366. The proposed Water Conservation Order seeks to protect the Lower Ngaruroro River, and the outstanding values it contains, in its current modified state. If successful, this application would introduce water quality limits, a restriction on physical modification of the braided reach, and prevent damming of the Ngaruroro mainstem, retain the current flow allocation regime for existing users, but place restrictions on new activities.
367. All of the proposed water quality limits, with the exception of sediment, are currently being met, so these limits will prevent further degradation. The current good water quality exists in spite of existing discharges, and a relatively high level of land use development and intensification within the lower catchment. Under the proposed water quality limits existing discharges and land uses and levels of land use could continue (unless water quality degradation trends continue, and there is current evidence of a degradation trend), but place restrictions on new discharges and changes in land use. It should be noted that the Water Conservation Order, if granted, does not prevent the Regional Council from taking a stronger stance than that promoted through the order, nor does it seek to prevent restoration activities.
368. River engineering works in the braided reach of the Ngaruroro River are limited, and do not currently involve nor are they proposed to involve, restricting the width of the active flood channel. The Ngaruroro can be considered an over-allocated catchment. In spite of this, outstanding native fish (i.e. species and habitat diversity, and presence of threatened species) and water quality values exist throughout the length of the catchment under the current flow allocation regime. Less clear is if the current regime is sufficient to maintain these values long term, as there is a lack of data on trends in native fish populations and water quality. Research (Johnson 2011) indicates the current regime may provide insufficient water at low flows to protect the habitat of all native fish species. As such, a precautionary approach is appropriate for the consideration of new surface water and connected groundwater take applications is warranted, especially where new (versus existing) activities are involved. Such an approach provides greater certainty for existing users. Water allocation is a major issue to be addressed by HBRC through its current regional plan review process.
369. The application does not seek any restriction or prohibition on damming of tributaries of the Ngaruroro River below Whanawhana. As such, this application provides for the possibility of water storage (either as on-farm or community-based projects) within tributary catchments.
370. This application signals to Hawkes Bay Regional Council there is a need for amended regional plan rules to control water takes, damming and channelisation, point source discharges, and land uses and any associated non-point source runoff of contaminants in the Lower Ngaruroro River. Proposed water quality limits would not affect existing consent holders until their consents expired.
371. The Applicants do not seek to unnecessarily restrict the use of water for individual domestic and stockwater needs or fire fighting.
372. The Applicants do not seek to halt or unnecessarily restrict operation of the Ngaruroro flood and drainage control scheme. However, if successful, this Water Conservation Order will signal to the scheme manager the need to take into account native fish values when planning and undertaking works (e.g. sediment discharges and disturbance of the wetted bed of the channel). Recognition of native bird values along the river have already been incorporated into scheme management documents.
Page 98 of 112 373. Accordingly, the Applicants consider this application allows for reasonable use by primary and secondary industry. In this regard it provides sufficient certainty for the continued use of the water and land resource by existing consent holders, whilst also providing for future water storage options in tributary catchments in the lower catchment.
374. In addition, by providing for recreational users and those with an interest in conservation values, the application, if granted on the terms sought, will provide for the needs of other sectors of the community.
The relevant provisions of every national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, district plan, and any proposed plan
375. The following is a commentary of what, in the Applicant’s view, are the key provisions of planning documents relevant to this application (a more detailed analysis is presented at Annex 11). Relevant documents include:
National Policy Statement for Freshwater Management, National Policy Statement for Renewable Energy Generation, and the New Zealand Coastal Policy Statement; Hawkes Bay Regional Council’s Regional Policy Statement – this document was operative, but a review of the plan has been notified and heard. As such, the existing and amended by decisions versions of the RPS were assessed as part of the analysis below; Hawkes Bay Regional Council’s Regional Resource Management Plan – this document was operative, but in the process of being reviewed. The review process involving parts of the plan relevant to this application are at a very preliminary stage, so were not considered relevant to the analysis below; Hastings District Council’s District Plan – this document has been operative since 2003, but is in the process of being reviewed. The review process is at the appeal stage. Rangitikei District Plan - operative since 2013. The Taupo District Plan - operative since 2012 The Central Hawkes Bay District Plan – operative since 2003 Iwi/hapu management plans and strategies
National Policy Statement for Freshwater Management 376. The Ngaruroro River holds a large number of values identified in the NPS for freshwater. The Water Conservation Order is entirely consistent with the water quality objectives of the NPS. The application recognises the current outstanding state of water quality and the threats to that state. The application and its associated draft Order, give direct effect to the objectives of the National Policy Statement and it could be considered that to decline an application for this WCO is contrary to Objective A2 of the National Policy Statement given the absence of protection for water quality in other regulatory instruments.
377. In relation to water quantity objectives B1 and B2, the draft Water Conservation Order is entirely consistent. The draft Order provides for the maintenance and enhancement of outstanding values and applies a range of limits to achieve on-going protections of those values.
Page 99 of 112 378. Equally, the draft Order identifies the current stressed state of the water body through its middle and lower reaches through over-allocation and consumption of freshwater and proposes improved provisions that would achieve the protection of the identified outstanding values. It is noted that implementation of this Order would occur through regional planning programmes administered by Hawkes Bay Regional Council. The timing of the Water Conservation Order application in this regard, dovetails with the regional council’s stated intention of reviewing its freshwater plan for the Ngaruroro River in circa 2016.
379. The draft Order explicitly provides for the integrated management of freshwater and the use and development of land in whole catchments. Water Conservation Orders have evolved with time, acknowledging the interconnectedness of systems and effects on freshwater from land use. Recognition of these matters is clear through application of the associated prohibitions and restrictions, and are consistent with objective C1.
National Policy Statement for Renewable Energy Generation 380. This application will not affect any existing renewable electricity generation activities. However, the application does seek a no damming provision for the upper catchment, and the mainstems of the lower Ngaruroro and Clive rivers. Further the draft Order allows for the potential value of damming mainstem tributaries in the lower catchment for the purpose of water harvesting and irrigation, along with associated small community hydroelectricity schemes, by not imposing restrictions on damming in those tributaries.
381. There is no current demonstrated interest or investigation underway for hydroelectric development within the catchment.
New Zealand Coastal Policy Statement 382. There are a number of outstanding values contained within the Waitangi Estuary at the mouth of the Ngaruroro and Clive rivers, which should be recognised and provided for through other statutory provisions. The protection of values and characteristics described in this application will provide for significant protection of Waitangi Estuary and its associated outstanding values, and is therefore consistent with the NZCPS and an example of well integrated planning.
Regional Policy Statement and Regional Plan 383. The relevant plans for consideration in this assessment include the Regional Resource Management Plan (2006) (RRMP) and the proposed Regional Policy Statement (RPS) as amended by decisions (2013). The operative RRMP is an integrated regional policy statement and regional plan.
384. The key provisions of the RRMP, at the objectives level, are the matters relating to surface water quantity and surface water quality, with their associated policies and methods. These provisions explicitly acknowledge the value of the Ngaruroro River in its current state. The proposals contained in the Water Conservation Order are not in conflict with the objectives and policies of the RRMP. It is acknowledged that the proposed flow regime and limits are more stringent than those already provided in the
Page 100 of 112 plan. In the event these proposals were successfully contained in an order, the regional council would be bound to give effect to the plan review process proposed in 2016.
385. It is also acknowledged the Water Conservation Order is focused on protecting and sustaining outstanding values within the catchment in perpetuity, where it may be said the regional council’s focus is more broadly on balancing a range of competing interests which has led them to the current range of targets and limits within the plan. It is the Applicants' view that when a regional plan is reviewed for a river over which a Water Conservation Order applies, it should be explicit in relation to the limits, thresholds and allocable volumes for consumptive uses. At the present time the Ngaruroro River water quality is better than the guidelines contained in the RRMP. This situation should be maintained, and to that extent, this approach is entirely consistent with this application.
386. In 2013 Hawkes Bay Regional Council reviewed its Regional Policy Statement. This process is being undertaken in support of a parallel process being run by Hawkes Bay Regional Council to review its Regional Plan and apply for a suite of resource consents in order to develop and operate a water storage, harvesting and distribution network across the Ruataniwha Plains. The hearings for the Regional Policy Statement were heard in the first third of 2013. With the hearings complete and the decisions issued, they are now subject to appeal.
387. The process being managed by Hawkes Bay Regional Council at the present time breaks down its first generation integrated resource management suite for the purpose of enabling large-scale development of the region’s water resources. To that extent, the provisions of the Regional Policy Statement are generally enabling, but rely on separate regional plan level reviews at a catchment level. This process is not mature and the existing Regional Resource Management Plan should be relied on for primary guidance. The Water Conservation Order is not in conflict with the proposed Regional Policy Statement, as amended by decisions.
Rangitikei and Taupo District Plans
388. The area in which the Water Conservation Order is sought is influenced by a number of district councils - Taupo District Council in the northern extent of the Ngaruroro catchment; Rangitikei District Council predominantly on the western edge of the catchment, Hastings District covering the bulk of the catchment; and Central Hawkes Bay District on the southern margin.
389. The influence of Central Hawkes Bay District Council’s District Plan in relation to the Water Conservation Order is minimal and as such is not relevant.
390. The elements of the Water Conservation Order covered by the plans of Rangitikei District and Taupo District encompass landscapes in parts of the catchment, predominantly in their natural state. The Rangitikei and Taupo district plans were completed in 2012 and 2013, respectively. The dominant focus of these plans is to provide for controls within the urban and peri-urban margins of their communities with a descending level of control and regulation into land of the respective districts.
391. The relevant provisions of both plans for the Water Conservation Order are contained within the recognition of the outstanding natural values present in the upper Ngaruroro catchment for which the authorities have administrative control. Both
Page 101 of 112 district councils have completed assessments of outstanding landscapes in accordance with section 6 of the Resource Management Act 1991, and reflect the view that the Ngaruroro catchment landscape is outstanding in accordance with the Act (refer section B2.1).
392. In the development of both plans there was no competing view expressed that a less powerful descriptor for the landscape values existed. Both district plans contain a suite of regulatory tools for the protection of outstanding landscapes requiring resource consent applications where landscape values may be impacted upon. This Application is not inconsistent with these two district plans and the specific recognition of outstanding landscape values is entirely complementary.
Hastings District Plan
393. Hastings District Council undertook a section 6 assessment of outstanding natural landscapes and features as part of its plan preparation exercise for its first generation plan. It recognised and provided for protection of the landscape upstream of Whanawhana to the northern extent of the council’s boundary as outstanding, and provided regulatory protection for that landscape, consistent with neighbouring district councils. There is no recognition of the middle and lower reaches of the Ngaruroro River as outstanding.
394. There are no other provisions at an objective policy or method level that are in conflict or relevant to the Water Conservation Order. Hastings District Council has initiated a review of its district plan and it is currently in the appeal phase. As part of the review process they have reviewed the landscape values identified in the 2003 plan, and have reaffirmed the outstanding landscape status applied to the upper Ngaruroro River catchment (refer section B2.1).
Iwi Management Plans and Strategies
395. The interests of Ngati Tuwharetoa and Ngati Kahungunu are described in section B4.1. At the present time and at a tribal level, both Ngati Kahungunu and Ngati Tuwharetoa describe their interests at a general level. A review of the literature developed by iwi authorities, trusts and incorporations highlights the unbroken links between people and land (within Maori ownership or not) and makes clear the role of tangata whenua in resource stewardship.
396. It can be expected that with the settlement of Treaty claims for the majority of the lands covered by the Water Conservation Order, and as Maori trusts develop land management systems, a complementary set of natural resource management plans will evolve.
397. At present the key document of relevance to the Water Conservation Order is the Ngati Hori Freshwater Resources Management Plan. This management plan was developed in 2009 in association with Hawkes Bay Regional Council, with a focus on sustaining water flow, improving water quality, restoring riparian cover and protection and restoration of native fish habitat and fisheries. Ngati Hori are the plan guardians and have an active research, monitoring and restoration programme underway in the lower reaches of the Ngaruroro River and Clive River.
Page 102 of 112 398. The Water Conservation Order has been developed with Ngati Hori as a co-applicant. To that end the Water Conservation Order and aspirations reflected by Ngati Hori through their Freshwater Resources Management Plan are entirely complementary.
Other relevant matters
399. Other matters that the Applicants consider are relevant to the Special Tribunal's decision are Maori interests under Part 2 of the Act.
Maori interests under Part 2 of the Act
400. Sections 6(e), 7(a) and 8 of the Act together require that special regard be given to Maori interests and values in relation to the Ngaruroro river.
401. While Part 9 of the Act and the Water Conservation Order provisions override anything to the contrary in Part 2 of the Act, in these circumstances the protection of the outstanding significance of the Ngaruroro River in accordance with tikanga Maori is consistent with the requirement to have special regard to Maori interests and values under Part 2.
402. In particular, iwi are co-applicants for this Water Conservation Order and their interests and values in relation to the Ngaruroro River have been set out in detail in Section B4 above. Making this Water Conservation Order as sought by the Iwi co- applicants would recognise and provide for their relationship with their ancestral waters, recognise their role as kaitiaki of the river and assist to give effect to the treaty principle of active protection of their interests.
Page 103 of 112 SECTION E – INFORMATION ABOUT THE APPLICANTS
New Zealand Fish & Game Council
403. The New Zealand Fish and Game Council was established by section 26(B) of the Conservation Act to “…represent nationally the interests of anglers and hunters and provide co-ordination of the management, enhancement and maintenance of sports fish and game”.
404. The functions of the New Zealand Fish & Game Council are set out in section 26(C), and include “...to advocate generally and in any statutory planning process the interests of the New Zealand Fish and Game Council and, with its agreement, of any Fish and Game Council in the management of sports fish and game, and habitats.”
Hawkes Bay Fish & Game Council 405. The Hawkes Bay Fish and Game Council is one of 12 regional Fish and Game Councils established under Section 26(P) of the Conservation Act for the purpose of the “…management, maintenance and enhancement of sports fish and game”… for each region defined by the Minister of Conservation, and are obliged to discharge their functions “…in the recreational interests of anglers and hunters”.
406. The particular functions of these councils are set out in Section 26(Q) of the Conservation Act, and include “to represent the interests and aspirations of anglers and hunters in the statutory planning process” and “to advocate the interests of the Council, including its interests in habitats.”
407. The Hawkes Bay Fish & Game Council manages the fish and game resources and its associated recreational use in the area between the Mohaka and Tukituki catchments.
408. Read more about New Zealand and Hawkes Bay Fish and Game councils at www.fishandgame.org.nz.
Royal Forest and Bird Protection Society of New Zealand 409. The Royal Forest and Bird Protection Society of New Zealand (Forest and Bird) was established in 1923 in response to widespread extinction of native species and destruction of our native forests.
410. Forest and Bird is now New Zealand’s largest independent conservation organisation working to preserve our natural heritage and native species. Originally formed to protect our native forests and birds, Forest and Bird’s role has since grown to include protection of all native species and wild places – on land and in our oceans, lakes and rivers.
411. Forest and Bird has played an active role in preserving New Zealand’s environment and native species. The organisation has helped establish protection for a third of New Zealand’s parks and reserves, put an end to logging of native forests, and helped bring species such as the kakapo and kokako back from the brink of extinction.
412. The organisation has in excess of 70,000 members and supporters spread across 14 regions and many branches.
Page 104 of 112 413. Read more about Forest and Bird at www.forestandbird.org.nz.
Jet Boating New Zealand 414. New Zealand Jetboating Association Incorporated (NZJBA) was established in 1962 and renamed as Jet Boating New Zealand in 2002. The association has nine branches within New Zealand, with over 2000 members, representing about a third of New Zealand’s jetboaters.
415. The objectives of Jet Boating New Zealand are to:
co-ordinate jet boating on a National basis encourage safe jet boating principles and practices promote and protect the rights of jet boaters and Jet Boating New Zealand Inc. establish and maintain harmonious relationships with other water users.
416. Read more about Jet Boating New Zealand at www.nzjetboating.com.
Whitewater NZ 417. Whitewater NZ is the national organisation representing recreational white water canoeing and kayaking interests in New Zealand. Currently there are over 15 member clubs, as well as individual members, affiliated to Whitewater NZ, representing in excess of 1,000 canoeists throughout New Zealand. Whitewater NZ’s purpose is to preserve New Zealand’s white water resources and enhance opportunities to enjoy them safely. Whitewater NZ advocates for access to and conservation of rivers with outstanding white water amenity, as well as facilitating safety and education amongst our membership and the wider kayaking community.
418. Whitewater NZ is a voluntary non-profit incorporated society and is affiliated to the New Zealand Canoe Federation, which is a member of the International Canoe Federation. The organisation was formed in 1957 as the New Zealand Canoeing Association, changing its name to the New Zealand Recreational Canoeing Association from 1995 to 2010, before becoming Whitewater NZ.
419. Read more about Whitewater NZ at www.rivers.org.nz.
Ngati Hori ki Kohupatiki
420. Ngati Hori is a hapu of Ngati Kahungunu ki Heretaunga. Ngati Hori ki Kohupatiki are kaitiaki of the Clive River (also known as the lower Karamu Stream, and former course of the Ngaruroro River prior to the river’s repositioning in 1969), and the lower reach of the Ngaruroro River downstream from approximately Chesterhope Bridge.
421. The Ngaruroro River has huge cultural and spiritual significance to Ngati Hori, as evidenced by the location of kohupatiki marae on the true left bank of the former Ngaruroro River. The marae was established in the 1860s, following Ngati Hori’s continuous occupation of the area since the 1700s.
422. Read more about Kohupatiki marae at www.facebook.com/kohupatiki.marae.
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Page 111 of 112 LIST OF ANNEXES
ANNEX 1: Draft Water Conservation Order
ANNEX 2: Habitat for indigenous fish Applicant background report IBI analysis Ngaruroro IFIM report
ANNEX 3: Habitat for indigenous avifauna Applicant background report Hughey et al. 2012 Stephenson 2010 Ramsar 2009-2014
ANNEX 4: Habitat for rainbow trout Applicant background report Gabrielsson and Goodwin 2013
ANNEX 5: Landscapes Batchelar and Ryder 2013 Booth 2012
ANNEX 6: Water Quality Applicant background report Ausseil 2009
ANNEX 7: Trout Angling Booth et al. 2012 Unwin 2013
ANNEX 8: Whitewater kayaking/rafting Applicant background report Booth et al. 2012
ANNEX 9: Jetboating Applicant background report
ANNEX 10: Cultural values Ngati Hori Freshwater Resources Management Plan
ANNEX 11: Planning assessment Applicant background report
ANNEX 12: Consultation and support Consultation summary Support letter - Central Hawkes Bay branch of Forest and Bird Support letter - Hastings/Havelock North branch of Forest and Bird Support letter - Heretaunga Tramping Club (Inc) Support letter - Napier branch of Forest and Bird Support letter - Napier Freshwater Anglers’ Club Incorp. Support letter - New Zealand Rivers Association for Professional Guides
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