AGENDA

MOTUTANGI DRAINAGE AREA COMMITTEE

CONFERENCE ROOM TE AHU CORNER OF MATTHEWS AVE AND SOUTH ROAD,

THURSDAY 22 MARCH 2018

COMMENCING AT 3:00 PM

Chairperson: Bob Campbell Committee members: Lawrie Atkinson Paul Harvey Neil Thompson Jeremy White Bede Shereen

Document number A1999695 FAR NORTH DISTRICT COUNCIL

MOTUTANGI DRAINAGE AREA COMMITTEE MEETING THURSDAY 22 MARCH 2018 COMMENCING AT 3:00 PM TE AHU CORNER MATTHEWS AVENUE AND SOUTH ROAD KAITAIA

A G E N D A

Item

1.0 APOLOGIES AND DECLARATIONS OF INTEREST Members need to stand aside from decision-making when a conflict

arises between their role as a Member of the Committee and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest. If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Team Leader - Governance Support (preferably before the meeting). It is noted that while Members can seek advice the final decision as to whether a conflict exists rests with the Member.

2.0 CONFIRMATION OF PREVIOUS MINUTES Document number A1999698

3.0 INFRASTRUCTURE AND ASSET MANAGEMENT GROUP 3.1 Motutangi Drainage Area DOC Concession Agreement review Document number: A1998791 3.2 Motutangi Drainage Area update for the year ending 30 June 2018 Document number: A2002589 Motutangi Drainage Area works programme for the year ending 3.3 30 June 2019 Document number: A2002590 Motutangi Drainage Area works programme for the year ending 3.4 30 June 2020 Document number: A2002591

4.0 CLOSE OF MEETING

Document number A1999697

Item: 2.0 Meeting: Motutangi Drainage Area Committee – 22 March 2018 Name of item: Confirmation of Previous Minutes Author: Kim Hammond – Meeting Administrator Date of report: 7 March 2018 Document number: A1999698

Purpose of the report The minutes of the previous Motutangi Drainage Area Committee meeting are attached to allow the Committee to confirm that the minutes are a true and correct record. Recommendation/s That the Motutangi Drainage Area Committee that the minutes of the meeting of the Motutangi Drainage Area Committee held 11 September 2018 are a true and correct record. 1) Background Local Government Act 2002 Schedule 7 Section 28A states that a local authority must keep minutes of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings 2) Discussion and options The minutes of the meeting are attached.

Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness. Reason for the recommendation The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meeting.

3) Financial implications and budgetary provision There are no financial implications or the need for budgetary provision as a result of this report. Manager: Kate Barnes - Team Leader Governance Support

Attachment 1: Motutangi Drainage Area Committee Minutes – 11 September 2017 - Document number A1907625

Document number A1999698 Page 1 of 2

Compliance schedule: Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular: 1. A Local authority must, in the course of the decision-making process, a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and b) Assess the options in terms of their advantages and disadvantages; and c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga. 2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement Not applicable

State the level of significance (high or Not applicable low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

State the relevant Council policies Not applicable (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

State whether this issue or proposal has Not applicable a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

State the possible implications for Māori None and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

Identify persons likely to be affected by or Not applicable have an interest in the matter, and how you have given consideration to their views or preferences.

State the financial implications and where There are no financial implications or the budgetary provisions have been made to need for budgetary provision arising from support this decision. this report.

Chief Financial Officer review. The Chief Financial Officer has not reviewed this report.

Document number A1999698 Page 2 of 2

UNCONFIRMED

MINUTES OF THE MEETING OF THE MOTUTANGI DRAINAGE AREA COMMITTEE HELD IN THE CONFERENCE ROOM, TE AHU, CORNER MATTHEWS AVE AND SOUTH ROAD, KAITAIA ON MONDAY 11 SEPTEMBER 2017 COMMENCING AT 3.00 PM PRESENT Bob Campbell Chairperson Members Neil Thompson Paul Harvey Jeremy White Adele Gardner Te Hiku Community Board APOLOGIES Lawrie Atkinson Te Hiku Community Board STAFF PRESENT Stephen Little Manager 3 Waters Steve Smith Stormwater Engineer Troy Smith Assistant Engineer Kim Hammond Meeting Administrator 1.0 PUBLIC FORUM Croydon Thompson spoke in regards to the cleaning of the Motutangi Stream and fencing requirements. Greame Neho spoke in regards to his concerns about Resource Consents and that Ngati Kuri are not being consulted. Raised concerns for the white bait and the effect that the sprays that are being used have on the kai moana. 2.0 APOLOGIES AND DECLARATIONS OF INTEREST Agenda item 2.0 refers. Resolved Thompson/White The Motutangi Drainage Area Committee accepts the apology from Lawrie Atkinson. Carried 3.0 CONFIRMATION OF PREVIOUS MINUTES Agenda item 2.0 document number A1902551, pages 3-8 refers. Resolved White/Thompson The Motutangi Drainage Area Committee confirms its minutes dated 27 March 2017 as a true and correct record. Carried 4.0 INFRASTRUCTURE AND ASSET MANAGEMENT GROUP 4.1. Motutangi Drainage Areas 16/17 Expenditure and Balance Agenda item 4.1, document number Ax1902613, pages 7-10 refers. Resolved Harvey/Thompson That the Motutangi Drainage Committee notes the following expenditure and closing balance Spraying of drains during summer $5,781 Oxygen weed removal from the Motutangi Stream and $8,170 vegetation removal from the Main Outfall Autumn Oxygen weed removal from the Motutangi Stream $3,195 and the Main Outfall

Document number A1907625 Page 1 of 4 UNCONFIRMED Motutangi Drainage Area Committee 11 September 2017 $1,973 Autumn vegetation removal from the Motutangi Stream $19,119 Total (without individual rounding) $28,322 Closing balance a) Subject to confirmation from Council staff on the updated amounts to be presented to the Drainage Committee Carried

Note: decision was made to use a long arm reach digger by Council staff. If a second cut is undertaken, a digger with a longer length boom will be used. 4.2. Motutangi Drainage Area works programme for the year ending 30 June 2018 Agenda item 4.2, document number A1902614, pages 11-15 refers. Note: Mr Neho suggested taking photos of before and after the clean. Mr Thompson suggested that Council staff look at this from his property for the best view.

Resolved Thompson/Harvey That the Motutangi Drainage Area Committee recommends the Te Hiku Community Board approve: Work is to be completed before 30 June 2018, with the spraying programme to start during late 2017: Opening balance: $28,322. 2017 rated income $36,000 Mulching of the access tracks along the Motutangi $3,200 Stream and the Kaimaumau Scientific Reserve Levelling of the spoil banks and widening of the access $20,840 track alongside the Motutangi Stream Regular spraying of the drains during Spring, and in the $12,037 Autumn as needed Spraying of the access track adjacent to the Motutangi Stream and through the Kaimaumau Scientific Reserve $750 due to the vegetation growth Install a culvert, access track, gate and strainers at the $2,500 Harvey/Harrington boundary on the Aspin Drain Install a culvert, access track, gate and strainers at the $2,500 Harvey/Bryan boundary on the Beazley Drain Install a gate and strainers at the Bryan/Blucher $500 boundary on the Bryan Drain A culverted access track is required at Bede’s property $3,000 on the Selwyn Drain Department of Conservation Concession Agreement Fee $1,540 (one off fee) Contingency fee $3,000 Machine cleaning (Spring/Christmas, extensive $11,000) $8,000 Machine cleaning Autumn $4,500

Document number A1907625 Page 2 of 4 UNCONFIRMED Motutangi Drainage Area Committee 11 September 2017 Total (without individual rounding) $62,367 Closing balance $1,955 Carried

4.3. Motutangi Drainage Area works programme for the year ending 30 June 2019 Agenda item 4.3, document number A1902612, pages 17-20 refers.

Resolved Harvey/White That the Motutangi Drainage Area Committee recommends to the Te Hiku Community Board approve Opening balance: $1,955. 2018 rated income $36,000 Work is to be completed before 30 June 2019, with the spraying programme to start during late 2018: Northland Regional Council Fee $500 Contingency fee $3,000 Machine cleaning (Spring/Christmas, extensive $11,000) $8,000 Machine cleaning Outlet Autumn $4,500 Machine cleaning other areas $2,500 Total (without individual rounding) $18,500 Closing balance $19,455

Carried

5.0 APPOINTMENT OF BEDE SHEREEN TO THE MOTUTANGI DRAINAGE COMMITTEE Resolved Thompson/Neil That the Motutangi Drainage Area Committee recommends to the Te Hiku Community Board that they approve the appointment of Bede Shereen to the Motutangi Drainage Committee. Carried 6.0 ADDITIONAL PAPERS Resolved Thompson/Neil That the Motutangi Drainage Area Committee noted that the following additional papers were tabled at the meeting: a) “Twenty one photos provided by Croydon Thompson” Carried 7.0 CLOSE OF MEETING The meeting closed at 3.52 pm.

Document number A1907625 Page 3 of 4 UNCONFIRMED Motutangi Drainage Area Committee 11 September 2017 Bob Campbell Chairperson

____/____/____

Document number A1907625 Page 4 of 4

Item: 3.1 Meeting: Motutangi Drainage Area Committee – 22 March 2018 Name of item: Motutangi Drainage Area DOC Concession Agreement Review Author: Troy Smith – Graduate Engineer Date of report: 22 March 2018 Document number: A1998791

Purpose of the report To ask for the Motutangi Drainage Area’s Committee to review and approve the Department of Conservation (DOC) concession agreement conditions with the Council. Executive summary Historically several components of the Motutangi Drainage Area have been formed through the Kaimaumau scientific reserve and also the east beach conservation area. The Department of Conservation (DOC) are in discussion with Council regarding the management of the drains affecting the reserves. A concession agreement has been drafted between the 2 parties and is now ready to be reviewed by the Motutangi Drainage Area Committee. Recommendation/s That the Motutangi Drainage Area Committee: a) Review and decide if they support the amended DOC Concession Agreement. and b) Forward this report to the Te Hiku Community Board to advise of their decision.

1) Background The Motutangi Drainage Area Committee was formally established at the 26 February 2015 meeting of the group previously known as the Northern Advisory Drainage Committee. Prior to the formal establishment of the Motutangi Drainage Area Committee and the Waiharara and Kaikino Drainage Areas Committee there were meetings of a group known as the Northern Advisory Drainage Committee. A draft Management Plan has been developed in consultation with Northland Regional Council and DOC which addresses the following: i) Objectives of the drainage scheme. ii) Definition of the Drainage District and catchment area.

Document number A1998791 Page 1 of 5

iii) Location and dimensions of the drains that constitute the Drainage District. iv) Description of works required to maintain the drainage scheme including timing and frequency. v) An outline of the bylaw associated with stock access, access over the drains, connection of private drains, proximity of vegetation and fences and machinery access. vi) The rating classification for each property. vii) Provision for protection of significant indigenous wetlands. viii) Review dates for the management plan. The Department of Conservation have also assisted in providing a draft of the Assessment of Environmental Effects. The draft Management Plan was lodged with DOC for a Concession Agreement on 22 January 2016 and they had a 40 working day period to process the agreement which should have been issued around 22 March 2016. The Concession Agreement is for the maintenance of the Motutangi Stream and Cut to Lands End which will include vegetation spraying, vegetation removal from the drains and relocation of the stockpiled material. The fees for the Department of Conservation Concession Agreement are due on receipt of the Concession Agreement and are based on the concession being for a period of 10 years as advice we have received is that a concession in excess of 10 years is required to be notified. This has become a protracted process, including research and discussions. The initial draft agreement from DOC was supplied which then caused more delays, in part due to the costs and changes DOC was proposing. After many months of discussion, a draft concession agreement is now in hand. The draft agreement supplied by DOC has been amended by Council staff who consider the amendments to be a reasonable compromise. The draft agreement is attached in several sections to this document. Once the concession agreement is made, the next step is to have the approved Management Plan reviewed by the Northland Regional Council. This is required under section 27.3 Rules for Drainage and River Control Activities - Discretionary Activities, of the Regional Water and Soil Plan for Northland.

2) Discussion points After consultation and earlier discussions between Council and DOC, a Concession agreement has been drafted by DOC and has been amended by Council staff who consider the amendments to be a reasonable compromise. Now we ask for the Committee’s input and if appropriate, approval of the agreement. As mentioned above, it’s important to note that all these documents are in draft form. Concession Easement Map This map visually describes the Concession Easement area, showing conservation land and the Motutangi drains within them. All conditions discussed within the other documents are in respect to the drains marked on this map.

Document number A1998791 Page 2 of 5

Summary of special conditions (as in section 6.4 of the Concession report) This is a working document which has had considerable input by different areas of Council and DOC with the aim of creating an acceptable agreement. This is Council’s most recent edit of the document, to be sent to DOC in approximately 1 week. The special conditions impact on the Motutangi Drainage Area within or bordering conservation land. During Council’s conversations with DOC, many of these conditions have been relaxed but they are still likely to impact on regular operations. An example of one of the conditions Council seeks to amend is a condition limiting activity within the easement area and also instructing equipment to be removed from the easement area daily. This is one of the conditions Council seeks to have relaxed or removed from the Concession document. A summary of the additional costs, and some of those now lifted, is attached in Section 3. Concession Document (Easement) This is the legal document discusses the area that Council plans to maintain under the concession and places conditions on the work carried out within the easement. Non-notified Concession Report This is a report that provides DOC’s analysis of the concession agreement which includes a description of the drainage area activities and area, and current DOC and NRC standards that affect these operations.

Reason for the recommendation To ensure the concession conditions currently in draft form are acceptable to the Motutangi Drainage Committee and that there is an opportunity for the committee to provide input to the agreement.

3) Financial implications With regard to Section 2 above, it should be noted in the documents that there have been a number fees and costs waived or covered by DOC. Specifically: Non-Notified Concession Report to Decision Maker (i) 6.2.3 Waiver of Activity and Management Fee • the market value Concession Activity Fee be $625.00 per annum plus GST pursuant to s.17Y and waived pursuant to s.17X(f)(i) subject to proposed special condition 45 in section 6.4 in this Report. • the market value Concession Management Fee be $250.00 per annum plus GST pursuant to s.17Y, and waived pursuant to s.17X(f)(i) subject to proposed special condition 45 in section 6.4 in this Report.

(ii) 6.2.4 Environmental Monitoring Contribution Fee • The Department of Conservation is fully funding, designing and undertaking the monitoring programme outlined in section 4.2.5 in this Report which has an estimated cost of $ 46,348.40 + GST over the term of the concession.

Document number A1998791 Page 3 of 5

• Additional annual costs covered by DOC include costs to install piezometers and to collect water level data for supply to external consultant for analysis purposes - 1 person every 6 months for 1 day - approximately $500 per annum + GST.

Potential sources of additional costs that have been identified (but not quantified) within the documents that you may need to consider and convey to the committee include: (iii) 6.4 Summary of special conditions • Condition 1 - Prior to establishment of the Easement Facility – Preparation of a Work Programme including the required “detailed baseline survey” , plans and drawings. • Condition 23 - Invert levels for drains and streams - Resurvey those parts of drains or streams, which both FNDC staff and the Operations Manager, Kaitaia agree have substantially changed since the preparation of the “detailed baseline survey” required by condition 1(e). • Condition 38 – Culverts – Removal of culvert associated with access track to Selwyn Drain (This culvert is believed to have been already removed or blocked) • Condition 44 – Compliance - Reasonable costs of and associated with any site visits (to a maximum of two per year). • Condition 45(a) – Waiver of Fees – As identified above the activity and management fees are waived subject to FNDC at its cost, arranging a venue and co- ordinating an annual meeting to: (i) Discuss the results of environmental monitoring (which will be commissioned and paid for by DOC, and a copy provided to FNDC) with representatives from Far North District Council, Department of Conservation, Northern Regional Council, Ngāi Takoto, and representatives of the Motutangi Land Drainage Area Committee; and (ii) To identify future potential drain management options, drawing on the results of the environmental monitoring.

Additional track maintenance and weed control As shown on Attachment 1: Concession Easement Map, part of the concession conditions is that Council control major weed growth within 5 – 10 metres from the drain and / or track edge. Given that track maintenance is required and currently within budget, this will have a relatively small effect on yearly expenditure.

Manager: Steve Little, 3 Waters Operations Manager, Infrastructure and Asset Management Table Copy of the following documents will be provided:

DOC Concession Easement Motutangi Map 49779 - Document number A2002838 DOC Concession Special Conditions Motutangi 49779 - Document number A2002837 DOC Concession Document Motutangi 49779 - Document number A2002833

Document number A1998791 Page 4 of 5

DOC Concession Report Motutangi 49779 - Document number A2002832 Compliance schedule: Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular: 1. A Local authority must, in the course of the decision-making process, a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and b) Assess the options in terms of their advantages and disadvantages; and c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga. 2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement Staff assessment

State the level of significance (high or A low to medium significance. low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

State the relevant Council policies Policy #4302 - Northland River (external or internal), legislation, and/or Management Policy. community outcomes (as stated in the Policy #2104-14 Procuring Goods and LTP) that relate to this decision. Services.

State whether this issue or proposal has This report seeks a recommendation a District wide relevance and, if not, the from the Committee to the Te Hiku ways in which the appropriate Community Community Board. Board’s views have been sought.

State the possible implications for Māori Ngai Takoto Iwi is included in the and how Māori have been provided with development of the management plan for an opportunity to contribute to decision the districts drainage areas. making if this decision is significant and relates to land and/or any body of water.

Identify persons likely to be affected by or The purpose of the Committee is to liaise have an interest in the matter, and how with persons likely to be affected. you have given consideration to their views or preferences.

State the financial implications and where Financial implications are to be budgetary provisions have been made to considered by the committee and support this decision. budgetary provision is made.

Chief Financial Officer review. The Chief Financial Officer has reviewed this report

Document number A1998791 Page 5 of 5

6.4 Summary of special conditions as listed in effects assessment above: Note: Reference to Schedules are in accordance with standard Concession (Easem Document in Appendix B recorded as DOC-2708889.

ESTABLISHMENT OF THE MODIFIED (WIDENED) TRACKS FOR “RIGHTS OF ENTRY”

Prior to establishment of the Easement Facility

1. The Concessionaire, at its cost, must provide a work programme to establish the Ease facility to the Department of Conservation, Operations Manager, Kaitaia Office (“Opera Manager, Kaitaia Office”) before any work can proceed. The Operations Manager, Kaitaia O may request plans e.g. terrain (cross-sectional) plan(s), drawings, diagrams and/or specifica scope of work and an assessment of its potential effects (and any other information require consideration for approval and the Operations Manager, Kaitaia Office (at its entire discr may require changes to be made to any submitted material. The information to be provided include, but is not limited to:

(a) Expected commencement and completion dates of any such works; (b) Contactors to be used; (c) Construction methods and standards; (d) Schematic plan/cross sectional plan showing the final route and proposed max width of the widened access tracks on the Land; (e) The Concessionaire, at its cost, must complete a detailed baseline survey of all and stream invert levels where the proposed activity will occur prior to establishment commencingcommission a drainage channel transect map, showing a transactional vi channel depth and width. These maps will be based on available LiDAR data, to whic be added bottom of drain or stream invert levels will be taken every 200m along the or stream. While obtaining invert levels, the LiDAR data will be checked for accuracy 200m, Aand a copy of this survey must be forwarded to the Operations Manager, K Office. (f) Estimation of the cubic (m3) of soil/material to be excavated to widen the access tra (g) Estimation of the cubic (m3) of soil/material to be deposited on the Land (if any) the estimated cubic (m3) and location of deposits of soil/material on the Land res from access track widening; (h) Any revegetation, remediation or reinstatement measures to be performed b Concessionaire and required by the Operations Manager, Kaitaia Office to the Land; (i) Analysis of proposed works against district and regional plans; (j) Details of resource consents.

2. Works must not commence until the Operations Manager, Kaitaia Office has given w approval for works to proceed. The Operations Manager, Kataia, has 20 working days to re and approve, or otherwise, the works..

3. The Concessionaire must ensure that only contractors with a demonstrated ability in ca out earth excavation work in wetland areas to be used. The Concessionaire is responsib determining the contractors ability.

4 Any vegetation (including native vegetation) removal and soil disturbance necessary to

(a) Work must cease immediately until further notice and advice must be sought from Operations Manager, Kaitaia Office; (b) If it is an archaeological site as defined by the Heritage Pouhere Ta Act 2014 then Heritage New Zealand must be contacted and their advice also sought; (c) If it is an archaeological site relating to Māori activity then the Papatipu Rūnanga be contacted and their advice sought; (d) If it is an artefact as defined by the Protected Objects Act then the Ministry for C and Heritage must be notified within 28 days; (e) If it is human remains the NZ Police should also be notified; (f) In the event of cessation of approved work because of discovery of potential hist artefact or archaeological site the Concessionaire must not recommence work permitted to do so by the Operations Manager, Kaitaia Office.

7. The Concessionaire must advise the Operations Manager, Kaitaia Office when all wo establish the Easement Facility has been completed.

Other consents, approvals and assessments

8. Further to clauses 13.1(b) and 13.1(c) in Schedule 2: (a) before any approved works are carried out the Concessionaire must also consul and obtain any required consents, approvals and assessments from other agencies includes (but is not limited to) geotechnical, engineering, district and regional res

consents, and building consents; and (b) the Concessionaire, at its cost, must provide copies of any consent relevant t activity on the Land to the Operations Manager, Kaitaia Office if requested.

Public safety

9. The Concessionaire must take reasonable care to manage the concession activity o Easement Land to ensure that users of conservation land are not adversely hindered maintaining a safe work site.

Fuels, hazardous materials, chemicals and waste

10. Any waste or rubbish must be disposed of in an approved manner off the Land at a Co approved site. Waste held on the Land prior to its removal must be stored in a manner so ensure it does not become a contaminant or is not blown by wind or present a potential haza wildlife.

11. At the completion of any approved works programme, the Concessionaire must remo construction related waste and fill from the Land and dispose at a resource recovery ce Council landfill or other authorised facility.

12. The Concessionaire must ensure that all site personnel are trained in hazardous ma waste and fuel handling and spill contingency and emergency procedures.

13. Apart from during the works approved under condition 1, and during regular mainten works tThe Concessionaire must ensure that all vehicles machinery and hazardous mat

(b) Immediately contain, collect and remove the hazardous substances and contaminated material, and dispose of all such material in an appropriate man authorised facility; (c) Notify the Operations Manager, Kaitaia Office as soon as practicable; (d) Undertake any remedial action to restore any damage to the land; and (e) Take all measures to prevent any reoccurrence.

Fish passage

17. Fish passage must be maintained at all times.

Management of riparian areas

18. The Concessionaire must, as far as practicable, adhere to the Northland Regional Cou Clean Stream best practice guidelines.

Freshwater pests

19. The Concessionaire must comply and ensure its clients comply with the Ministry for Pr Industry (MPI)’s “Check, Clean, Dry” cleaning methods to prevent the spread of di (Didymosphenia geminata) and other freshwater pests when moving between waterways. “C Clean, Dry” cleaning methods can be found at - http://www.biosecurity.govt.nz/cleaning

Concessionaire must regularly check this website and update their precautions accordingly.

Track access

20. The Concessionaire must use best endeavours to conform to the approved track ac routes as shown in the map in Schedule 427. Any deviation or variance from the approved requires the prior written consent of the Operations Manager, Kaitaia Office.

Fences and gates

21. Any costs associated with the modification, repair and maintenance of fences and gat enable vehicular access is to be at the Concessionaire’s cost.

22. The Concessionaire must keep gates locked at all times and provide the Grantor with a ke

Invert levels for drains and streams

23. Further to clause 1(e) in Schedule 3, the Concessionaire, at its cost, must resurvey those of drains or streams, which both FNDC staff and the Operations Manager, Kaitaia agree substantially changed since the baseline survey required in clause 1(e). complete a de survey of all drain and stream invert levels on a 5 yearly basis from the date the baseline s was completed in clause 1(e), Any required resurvey data must be and provided to the Opera Manager, Kaitaia with the survey data within of 1 month of the survey being completed.

24. There is to be no deepening of drains involving earth disturbance, other than by ord maintenance i e weed root removal and disturbance The drain depths are to be maintain

26. The Concessionaire must ensure that all machinery, tools and equipment used in undert the Concession Activity is steamed cleaned and are ant, plague skinks and weed fre maintained, prior to being taken onto the Easement Land.

Weed control/management

In drain

27. Spraying of weeds must not occur during the period February to June April to p spawning fish and August to November 15 September to protect fresh water fish migratin emergency situations, spraying of weeds may occur during these exclusion periods, with the approval of the Operations Manager, Kaitaia Office.

On track and drain margins

28. The Concessionaire must develop and implement an on-going weed manage programme, in consultation with the Operations Manager, Kaitaia Office that keeps the Ease Land free from introduced weeds including those distances i.e. 5 metres or 10 metres eithe of tracks and drains as shown on the map in Schedule 428. In addition to the required 5 an meter weed free corridors, weed control may be expanded beyond these corridors, where req for spot treatment of weeds, upon approval by the Operations Manager, Kaitaia Office.

29. The Concessionaire must advise the Operations Manager, Kaitaia Office in writing (incl email) at least 14 5 days prior to any weed control work occurring so that Departmental sta be present.

Mechanical cleaning of drains

30. Mechanical cleaning of weeds must not occur during the period February to June Ap protect spawning fish.

31. The Concessionaire must advise the Operations Manager, Kaitaia Office in writing (incl email) at least 14 5 days prior to any mechanical cleaning of drains occurring so that Departm staff can be present.

32. Machine cleaning must only be carried out below water level (except in the case of bank to ensure that only deposited silt and aquatic vegetation is removed.

33. High threat aquatic weeds (alligator weed, hornwort) will be sprayed prior to remova machinery.

34. The Concessionaire must ensure that areas infested with high threat weeds (alligator w hornwort) are cleaned last as a separate operation, to avoid weeds being transported throu the waterway.

Disposal of drain cleanings

35 All aquatic weeds from drain cleanings (castings) can be deposited and spread on trac

38. The culvert associated with the access track to the Selwyn drain located within p conservation land at approximate coordinates NZTM 2000 1616244E, 6140940N describe being approximately 5 metres long and 300mm in diameter is to be removed by Concessionaire, at its cost, in consultation with the Operations Manager, Kaitaia Office, an replaced.

39. The only approved culvert is within the cuts to lands end drain.

40. No other culverts are to be constructed without the prior written approval of the Opera Manager, Kaitaia Office.

General

41. No alterations or changes to the alignment of the concession activity on the Easement involving earth disturbance will be undertaken without consent in writing from the Opera Manager, Kaitaia Office. The Operations Manager, Kaitaia Office may inspect the site durin such approved work(s).

42. The Concessionaire must take reasonable and proper care not to damage any property Grantor, or any property of authorised Concessionaires, and must promptly repair any damage at its cost.

43. The Concessionaire must reinstate the Easement Land in accordance with the remediatio out in Special Condition 1 (scope of works) to the same or better condition it was before approved works commence and maintain it in a tidy condition to the satisfaction of the Opera Manager, Kaitaia Office.

Compliance

44. The Grantor may recover from the Concessionaire on a cost-recovery basis for the reaso costs of and associated with any site visits (to a maximum of two per year) to confirm Concessionaire’s compliance with the concession conditions. The rates will be charged a Department’s standard charge-out rates for staff time and the mileage rates for vehicle charged dparting from the Kaitaia Office.

Waiver of Fees

45. The Grantor agrees to waive the Concession Activity Fee and Concession Managemen as described in Item 6 of Schedule 1 pursuant to s.17X(f)(i) of the Conservation Act 1987, su to the Concessionaire contributing to the environmental management of the Land. contribution is defined as:

(a) The Concessionaire, at its cost, will arrange a venue and co-ordinate an a meeting to: i (i) discuss the results of environmental monitoring (which will be commissioned and for by DOC, and a copy provided to FNDC) with representatives from Far North District Co Department of Conservation Northern Regional Council and Ngāi Takoto and representativ

Concession Document (Easement)

Concession Number: 49779-OTH

THIS EASEMENT is made this day of

PARTIES:

Minister of Conservation (the Grantor)

Far North District Council (the Concessionaire)

BACKGROUND

A. The Department of Conservation (“Department”) Te Papa Atawhai is responsible for managing and promoting conservation of the natural and historic heritage of New Zealand on behalf of, and for the benefit of, present and future New Zealanders. B. The Department is under the control of the Grantor. C. The carrying out of these functions may result in the Grantor granting concessions to carry out activities on public conservation land. D. The Grantor administers public conservation lands described in Schedule 1 as the Easement Land. E. The Conservation legislation applying to the Easement Land authorises the Grantor to grant a concession over the Easement Land. F. The Concessionaire wishes to carry out the Concession Activity on the Easement Land subject to the terms and conditions of this Concession. G. The Concessionaire acknowledges that the Easement Land may be the subject of claims. H. The parties wish to record the terms and conditions of this Concession and its Schedules.

OPERATIVE PARTS

I. In exercise of the Grantor's powers under the Conservation legislation the Grantor GRANTS to the Concessionaire an EASEMENT to carry out the Concession Activity on the Easement Land subject to the terms and conditions contained in this Concession and its Schedules.

DOC-2708889 1 Concession Number: 49779-OTH

SIGNED on behalf of the Far North District Council by the following authorised signatory having the authority to enter the Council into contracts:

______

SIGNED on behalf of the Minister of Conservation by David Neho, Operations Manager acting under delegated authority ______in the presence of: Authorised signature

[ ____] name

______[ ____] title Witness Signature in the presence of: Witness Name: ______

Witness Occupation:______Witness Signature: ______Witness Address: ______Witness Name: ______

Witness Occupation:______A copy of the Instrument of Delegation may be inspected at the Director-General’s office Witness Address: ______at 18-22 Manners Street, .

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SCHEDULE 1

1. Easement Land As marked on the attached map in Schedule 4 being: (Servient land - the Physical Description/Common Name: land where the (i) Kaimaumau Scientific Reserve (N03014) easement activity (ii) East Beach Conservation Area (N03013) occurs) (iii) Motutangi Stream Marginal Strip (N03020) (Schedule 4) Land Status: (i) Kaimaumau Scientific Reserve held as Scientific Reserve under section 21 Reserves Act 1977, and (ii) East Beach Conservation Area held as Stewardship Area under section 25 Conservation Act 1987, and (iii) Motutangi Stream Marginal Strip held as Fixed Marginal Strip under section 24(3) Conservation Act 1987. Area: Approximately (TBC) Legal Description: (i) Sec 56 Blk IV Opoe SD (ii) Sec 9 Blk III Opoe SD; Part South; Sec 2 SO 470883 (iii) Crown Land Map Reference: (i) NaPALIS ID: 2796145 (ii) NaPALIS ID: 2796144 (iii) NaPALIS ID: 2796150

2. Land Is the easement in gross? Yes (Dominant land - the land that benefits from the easement) (If none then select “in gross”) (Schedule 4) 3. Concession Activity (a) a right to drain water: (clause 2) for the purpose of facilitating the drainage of water within the Kaimaumau-Motutangi (Drainage Area) Complex, to include:

(i) the modification of tracks in association with “rights of entry”; and

(ii) vehicular and foot “rights of entry” to enable the repair and maintenance of drainage channels and ancillary infrastructure. (TBC)

4. Term ______years______months commencing on ______(clause 3)

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5. Final Expiry Date TBC (clause 3)

6. Concession Fee Concession Activity Fee: (clause 4) $xxx per annum plus GST (TBC) and Concession Management Fee: $xxx per annum plus GST (TBC) and Environmental Monitoring Fee: $xxx per annum plus GST / Not required (TBC)

7. Concession Fee On or before the date specified on the invoice issued by the Payment Dates Grantor. (clause 4)

8. Penalty Interest Double the current Official Cash Rate (OCR). Rate See Reserve Bank of New Zealand website

(clause 4)

9. Concession Fee 3 yearly from term commencement date in Item 4 (TBC) Review Date(s) (clause 5)

10. Insurance Types and amounts: (To be obtained by Public Liability Insurance: Concessionaire) (i) General indemnity for an amount no less than (clause 11) $2,000,000.00; and (ii) Forest and Rural Fires Act extension for an amount no less than $500,000.00; and (iii) Third party vehicle liability for an amount no less than $500,000.00. Other Policies and amounts: Not Applicable Insurance amounts subject to review (clause 11) 11. Addresses for The Grantor’s address is: Notices Physical Address: (clause 20) Department of Conservation Level 1, John Wickliffe House 265 Princes Street 9016 New Zealand Postal Address: PO Box 5244 Moray Place Dunedin 9058 New Zealand Phone: (03) 477 0677 Fax: (03) 477 8626 Email: [email protected]

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The Concessionaire’s address in New Zealand is: Far North District Council Memorial Avenue 0440 New Zealand Phone: (09) 401 5200 Fax: Email: 12. Registration of Is the easement to be registered with LINZ? Easement No

If yes, then the following applies:

When the Concessionaire wishes the Easement to be registered then the Concessionaire must at its expense prepare an Easement Document, arrange for any necessary survey and register the document. The Grantor, if satisfied the Easement Document implements this easement must sign the document.

13. Special Conditions See Schedule 3 (clause 24) 14. Processing Fee $xxx plus GST (clause 4)

Note: The clause references are to the Grantor’s Standard Terms and Conditions set out in Schedule 2.

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SCHEDULE 2

STANDARD CONDITIONS

1. Interpretation

1.1 The Concessionaire is responsible for the acts and omissions of its employees, contractors, agents, clients and invitees (excluding other members of the public accessing the Easement Land). The Concessionaire is liable under this Concession for any breach of the terms of the Concession by its employees, contractors, agents, clients and invitees (excluding other members of the public accessing the Easement Land), as if the breach had been committed by the Concessionaire.

1.2 Where this Concession requires the Grantor to exercise a discretion or give any approval or provides for any other actions by the Grantor, then the Grantor must act reasonably and within a reasonable time. When a consent is required under this Concession such consent must not be unreasonably withheld.

2. What is being authorised?

2.1 The Concessionaire is only allowed to use the Easement Land for the Concession Activity.

2.2 The Concessionaire must not commence the Concession Activity until the Concessionaire has signed the Concession Document and returned one copy of this Document to the Grantor, as if it were a notice to be given under this Concession.

3. How long is the Concession for - the Term?

3.1 This Concession commences on the date specified in Item 4 of Schedule 1 and ends on the Final Expiry Date specified in Item 5 of Schedule 1.

4. What are the fees and when are they to be paid?

4.1 The Concessionaire must pay the Processing Fee (Item 14 of Schedule 1) to the Grantor in the manner directed by the Grantor. Except where the Grantor’s written consent has been given, the Concessionaire cannot commence the Concession Activity until the Processing Fee has been paid.

4.2 The Concessionaire must pay to the Grantor in the manner directed by the Grantor the Concession Fee plus GST on the Concession Fee Payment Dates specified in Items 6, and 7 of Schedule 1.

4.3 If the Concessionaire fails to make payment within 14 days of the Concession Fee Payment Date then the Concessionaire is to pay interest on the unpaid Concession Fee from the Concession Fee Payment Date until the date of payment at the Penalty Interest Rate specified in Item 8 of Schedule 1.

5. When can the fee be reviewed?

5.1 The Grantor is to review the Concession Fee on the Concession Fee Review Dates in the following manner:

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(a) The Grantor must commence the review not earlier than 3 months before a Concession Fee Review Date and no later than 9 months following the Concession Fee Review Date by giving notice to the Concessionaire. (b) Subject to clause 5.1(e) the notice must specify the Concession Fee which the Grantor considers to be the market value for the Concession Activity as at the Concession Fee Review Date having regard to the matters specified in section 17Y(2) of the Conservation Act 1987. (c) If, within 28 days of receipt of the Grantor's notice, the Concessionaire gives notice to the Grantor that the Concessionaire disputes the proposed new Concession Fee the new Concession Fee is to be determined in accordance with clause 5.2(a) or (b). (d) If the Concessionaire does not give notice to the Grantor under clause 5.1(c) the Concessionaire is to be deemed to have accepted the Concession Fee specified in the Grantor's notice. (e) Notwithstanding clause 5.1(b) the new Concession Fee so determined or accepted must not be less than the Concession Fee payable during the year preceding the particular Concession Fee Review Date and is to be the Concession Fee payable by the Concessionaire from the Concession Fee Review Date. (f) Until determination of the new Concession Fee, the Concession Fee payable by the Concessionaire from the Concession Fee Review Date is to be the Concession Fee specified in the Grantor's notice. On determination of the new Concession Fee an adjustment is to be made and paid, either by the Grantor or by the Concessionaire, whichever is applicable.

5.2 Immediately the Concessionaire gives notice to the Grantor under clause 5.1(c) the parties are to endeavour to agree on a new Concession Fee. If the parties are unable to reach agreement within 28 days the new Concession Fee is to be determined either: (a) By one party giving notice to the other requiring the new Concession Fee to be determined by the Disputes clause (clause 19) or, if the parties agree, (b) by registered valuers acting as experts and not as arbitrators as follows: (i) Each party must appoint a valuer and give notice of the appointment to the other party within 14 days of the parties agreeing to determine the new Concession Fee by this means. (ii) If the party receiving a notice does not appoint a valuer within the 14 day period the valuer appointed by the other party is to determine the new Concession Fee and that valuer's determination is to be binding on both parties. (iii) Before commencing their determination the respective valuers must appoint an umpire who need not be a registered valuer. (iv) The valuers are to determine the new Concession Fee which they consider to be the market value for the Concession Activity as at the Concession Fee Review Date having regard to the matters specified in section 17Y (2) of the Conservation Act 1987 but in no case is the new Concession Fee to be less than the Concession Fee payable during the year preceding the particular Concession Fee Review Date. If they fail to agree the Concession Fee is to be determined by the umpire.

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(v) In determining the Concession Fee the valuers or umpire are to disregard the annual cost to the Concessionaire to maintain or provide access to the Easement Land. (vi) Each party is to be given the opportunity to make written or oral representations or submissions to the valuers or the umpire subject to such reasonable time and other limits as the valuers or the umpire may prescribe. (vii) The valuers or the umpire must have regard to any such representations but are not bound by them. (c) The valuers or umpire must give written notice to the parties once they have determined the new Concession Fee. The notice is to be binding on the parties and is to provide how the costs of the determination are to be borne. (d) (i) If a Concession Fee Review Date is postponed because of a moratorium imposed by law the Concession Fee Review is to take place at the date the moratorium is lifted or so soon afterwards as is practicable; and (ii) the Concession Fee Review is to establish the market value for the Concession Activity as at that date instead of the date fixed under clause 5.1 having regard to the matters specified in section 17Y(2) of the Conservation Act 1987 but in no case is the new Concession Fee to be less than the Concession Fee payable during the year preceding the particular Concession Fee Review Date; and (iii) each subsequent Concession Fee Review is to take place in accordance with the procedure fixed in clause 5.1

6. Are there any other charges?

6.1 The Concessionaire must pay all levies rates and other charges, including utility charges payable in respect of the Easement Land or for the services provided to the Easement Land which relate to the Concessionaire’s use of the Easement Land or the carrying on of the Concession Activity.

6.2 The Grantor is not liable for any cost incurred in re-establishing the supply of any utilities in the event of any of them becoming unavailable for any reason.

6.3 Where the Grantor has paid such levies, rates or other charges the Concessionaire must on receipt of an invoice from the Grantor pay such sum to the Grantor within 14 days of receiving the invoice. If payment is not made within the 14 days then the Concessionaire is to pay interest on the unpaid sum from the date payment was due until the date of payment at the Penalty Interest Rate specified in Item 8 of Schedule 1.

7. When can the Concession be assigned?

7.1 If in Item 2 of Schedule 1 the easement is expressed as being in gross the Concessionaire must not transfer, sub licence, assign, mortgage or otherwise dispose of the Concessionaire’s interest under this Concession or any part of it (which includes the Concessionaire entering into a contract or any other arrangement whatsoever whereby the Concession Activity would be carried out by a person (called the assignee) other than the Concessionaire) without the prior written consent of the Grantor.

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7.2 The Grantor may in the Grantor’s discretion decline any application for consent under clause 7.1.

7.3 Sections 17P, 17S, 17T, 17U, 17W, 17X, 17ZB and 17ZC of the Conservation Act 1987 apply to applications for consent under this clause unless the Grantor, in the Grantor’s discretion, decides otherwise.

7.4 If the Grantor gives consent under this clause then the Concessionaire remains liable to observe and perform the terms and conditions of this Concession throughout the Term and is to procure from the Assignee a covenant to be bound by the terms and conditions of this Concession.

7.5 The Concessionaire must pay the costs reasonably incurred by the Grantor incidental to any application for consent, whether or not such consent is granted.

7.6 If the Concessionaire is not a publicly listed company any change in the shareholding of the Concessionaire altering the effective control of the Concessionaire is to be deemed to be an assignment and requires the consent of the Grantor.

8. What are the obligations to protect the environment?

8.1 The Concessionaire must not cut down or damage any vegetation; or damage any natural feature or historic resource on the Easement Land; or light any fire on the Easement Land without the prior consent of the Grantor.

8.2 The Concessionaire must at its cost keep the easement facility (as defined in Schedule 5) now or hereafter upon the Easement Land, in good order, condition and repair and must keep the Easement Land in a clean and tidy condition and must not store hazardous materials on the Easement Land nor store other materials on the Easement Land where they may obstruct the public or create a nuisance.

9. When can structures be erected?

9.1 The Concessionaire must not erect, nor place any structures on, under or over the Easement Land without the prior consent of the Grantor.

10. What if the Concessionaire wishes to surrender the Concession?

10.1 If the Concessionaire wishes to surrender this Concession during the currency of the Term, then the Grantor may accept that surrender on such conditions as the Grantor considers appropriate.

11. What are the liabilities and who insures?

11.1 The Concessionaire agrees to use the Easement Land at the Concessionaire’s own risk and releases to the full extent permitted by law the Grantor and the Grantor's employees and agents from all claims and demands of any kind and from all liability which may arise in respect of any accident, damage or injury occurring to any person or property in or about the Easement Land.

11.2 The Concessionaire must indemnify the Grantor against all claims, actions, losses and expenses of any nature which the Grantor may suffer or incur or for which the Grantor may become liable arising from the Concessionaire’s performance of the Concession Activity.

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11.3 This indemnity is to continue after the expiry or termination of this Concession in respect of any acts or omissions occurring or arising before its expiry or termination.

11.4 The Concessionaire has no responsibility or liability for costs, loss, or damage of whatsoever nature arising from any act or omission or lack of performance or any negligent or fraudulent act or omission by the Grantor, or any contractor or supplier to the Grantor, or any employee or agent of the Grantor.

11.5 Despite anything else in clause 11 the Concessionaire is not liable for any indirect or consequential damage or loss howsoever caused.

11.6 The Grantor is not liable and does not accept any responsibility for damage to or interference with the Easement Land , the Concession Activity, or to any structures, equipment or facilities on the Easement Land or any other indirect or consequential damage or loss due to any natural disaster, vandalism, sabotage, fire, or exposure to the elements except where, subject to clause 11.7, such damage or interference is caused by any wilful act or omission of the Grantor, the Grantor's employees, agents or contractors.

11.7 Where the Grantor is found to be liable in accordance with clause 11.6, the total extent of the Grantor's liability is limited to $1,000,000 in respect of the Concessionaire's structures, equipment and facilities.

11.8 Despite anything else in clause 11 the Grantor is not liable for any indirect or consequential damage or loss howsoever caused.

11.9 Without prejudice to or in any way limiting its liability under this clause 11 the Concessionaire at the Concessionaire’s expense must take out and keep current policies for insurance and for the amounts not less than the sums specified in Item 10 of Schedule 1 with a substantial and reputable insurer.

11.10 After every three year period of the Term the Grantor may, on giving 10 working day’s notice to the Concessionaire, alter the amounts of insurance required under clause 11.9 On receiving such notice the Concessionaire must within 10 working days take out and keep current policies for insurance and for the amounts not less than the sums specified in that notice.

11.11 The Concessionaire must provide to the Grantor within 5 working days of the Grantor so requesting: (a) details of any insurance policies required to be obtained under this Concession, including any renewal policies if such renewal occurs during the Term; and/ or; (b) a copy of the current certificate of such policies.

12. What about Health and Safety?

12.1 The Concessionaire must exercise the rights granted by this Concession in a safe and reliable manner and must comply with the Health and Safety in Employment Act 1992 and its regulations and all other provisions or requirements of any competent authority relating to the exercise of this Concession. The Concessionaire must comply with any safety directions of the Grantor.

13. What are the compliance obligations of the Concessionaire?

13.1 The Concessionaire must comply where relevant:

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(a) with the provisions of any conservation management strategy or conservation management plan under the Conservation Act 1987 or Part IIA of the Reserves Act 1977, or any general policy statement made under the Conservation Act 1987, Reserves Act 1977, National Parks Act 1980, or Wildlife Act 1953, or management plan under section 45 of the National Parks Act 1980, whichever is appropriate to the Easement Land, together with any amendment or review of any policy, strategy or plan whether approved before, on, or after the date on which this Concession takes effect; and (b) with the Conservation Act 1987, the Reserves Act 1977, the National Parks Act 1980, Wildlife Act 1953 and any other statute, ordinance, regulation, bylaw, or other enactment (collectively the “Legislation”) affecting or relating to the Easement Land or affecting or relating to the Concession Activity, including any regulations made under the Conservation Act 1987 and Wildlife Act 1953 or bylaws made under the Reserves Act 1977 or the National Parks Act 1980; and (c) with all notices and requisitions of any competent authority affecting or relating to the Easement Land or affecting or relating to the conduct of the Concession Activity; and (d) with all Department signs and notices placed on or affecting the Easement Land

13.2 The Concessionaire must comply with this Concession.

13.3 A breach or contravention by the Concessionaire of a relevant conservation management strategy, conservation management plan, management plan or any statement of general policy referred to in clause 13.1.(a) is deemed to be a breach of this Concession.

13.4 A breach or contravention by the Concessionaire of any Legislation affecting or relating to the Easement Land or affecting or relating to the Concession Activity is deemed to be a breach of this Concession.

14. When can the Concession be terminated?

14.1 If the Concessionaire breaches any of the conditions of this Concession the Grantor may terminate this Concession at any time in respect of the whole or any part of the Easement Land. Before so terminating the Grantor must give the Concessionaire either: (a) one calendar month's notice in writing; or (b) such other time period which in the sole opinion of the Grantor appears reasonable and necessary; of the Grantor’s intention so to terminate this Concession. If this Concession is terminated then the Grantor, at the Grantor’s sole discretion, may adjust the Concession Fee payable or refund any Concession Fee paid in advance.

14.2 The Grantor may choose to remedy at any time any default by the Concessionaire under this Concession. Where that occurs, the Concessionaire must pay forthwith on demand all reasonable costs incurred by the Grantor in remedying such default. Before electing to so remedy in accordance with this clause the Grantor must, if practicable, first give the Concessionaire notice of the default and a reasonable opportunity to remedy the default.

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15. What happens on termination or expiry of the Concession?

15.1 On expiry or termination of this Concession, either as to all or part of the Easement Land, the Concessionaire is not entitled to compensation for any structures or other improvements placed or carried out by the Concessionaire on the Easement Land.

15.2 The Concessionaire may, with the Grantor’s written consent, remove any specified structures and other improvements on the Easement Land. Removal under this clause must occur within the time specified by the Grantor and the Concessionaire is to make good any damage and leave the Easement Land and other public conservation land affected by the removal in a clean and tidy condition.

15.3 The Concessionaire must, if the Grantor gives written notice, remove any specified structures and other improvements on the Easement Land. Removal under this clause must occur within the time specified by the Grantor and the Concessionaire is to make good any damage and leave the Easement Land and other public conservation land affected by the removal in a clean and tidy conditionand replant the Easement Land with indigenous vegetation of a similar abundance and diversity as at the commencement of the Term. If before the expiry of the Term the Concessionaire makes an application for a further concession in respect of the same Concession Activity on the Easement Land then the Grantor can not require such removal and reinstatement until such time as that concession application has been determined. If a new concession is granted then removal and reinstatement can not be required until the expiry or termination of the new concession.

16. When is the Grantor’s consent required?

16.1 Where the Grantor’s consent or approval is expressly required under this Concession then the Concessionaire must seek that approval or consent for each separate time it is required even though the Grantor may have given approval or consent for a like purpose on a prior occasion. Any such consent or approval may be made on such conditions as the Grantor considers appropriate.

17. Are there limitations on public access and closure?

17.1 The Concessionaire acknowledges that the Easement Land is open to the public for access and that the Grantor may close public access during periods of high fire hazard or for reasons of public safety or emergency.

18. What about other concessions?

18.1 Nothing expressed or implied in this Concession is to be construed as preventing the Grantor from granting other concessions, whether similar or not, to other persons provided that the Grantor must not grant another concession that would derogate in any material way from the Concessionaire’s ability to carry out the Concession Activity.

19. How will disputes be resolved?

19.1 If a dispute arises between the parties in connection with this Concession the parties must, without prejudice to any other rights or entitlements they may have, attempt to resolve the dispute by agreement using informal dispute resolution techniques such as negotiation, mediation, independent expert appraisal or any other

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alternative dispute resolution technique. The rules governing any such technique adopted are to be agreed between the parties.

19.2 If the dispute cannot be resolved by agreement within 14 days of written notice by one party to the other (or such further period as the parties may agree to in writing) either party may refer the dispute to the Disputes Tribunal, where relevant, or to arbitration, which arbitration is to be carried out in accordance with the provisions of the Arbitration Act 1996.

19.3 If the parties do not agree on an arbitrator within 10 working days of a party giving written notice of the requirement to appoint an arbitrator the President of the New Zealand Law Society is to appoint the arbitrator. In either case the arbitrator must not be a person who has participated in an informal dispute resolution procedure in respect of the dispute.

19.4 The arbitrator must include in the arbitration award reasons for the determination.

19.5 Despite the existence of a dispute, each party must continue to perform its obligations under this Concession.

20. How are notices sent and when are they received?

20.1 Any notice to be given under this Concession is to be in writing and made by personal delivery, fax, by pre paid post or email to the receiving party at the address, fax number or email address specified in Item 11 of Schedule 1. Any such notice is to be deemed to have been received: (a) in the case of personal delivery, on the date of delivery; (b) in the case of fax, on the date of dispatch; (c) in the case of post, on the 3rd working day after posting; (d) in the case of email, on the date receipt of the email is acknowledged by the addressee by return email or otherwise in writing.

20.2 If either party’s details specified in Item 11 of Schedule 1 change then the party whose details change must within 5 working days of such change provide the other party with the changed details.

21. What about the payment of costs?

21.1 The Concessionaire must pay the Grantor’s legal costs and expenses of and incidental to preparing and signing this Concession or any extension or variation of it.

21.2 The Concessionaire must pay in full immediately and on demand all costs and fees (including solicitor’s costs and fees of debt collecting agencies engaged by the Grantor) arising out of and associated with steps taken by the Grantor to enforce or attempt to enforce the Grantor’s rights and powers under this Concession including the right to recover outstanding money owed to the Grantor.

22. What about the powers implied by statute?

22.1 The rights and powers implied in the relevant easements by the 5th Schedule to the Property Law Act 2007 and the Fourth Schedule to the Land Transfer Regulations 2002 (as set out in Schedule 5 of this easement) apply to this easement EXCEPT to

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the extent set out in Schedule 3 of this easement.

23. What about Co-Siting?

23.1 In this clause "Co-Site" means the use of the Concessionaire's structures or facilities on the Easement Land by a third party for an activity; and "Co-Sitee" and "Co-Siting" have corresponding meanings.

23.2 The Concessionaire must not allow Co-Siting on the Easement Land without the prior written consent of the Grantor.

23.3 The Grantor’s consent must not be unreasonably withheld but is at the Grantor’s sole discretion and subject to such reasonable terms and conditions as the Grantor thinks fit including a requirement that the Co-Sitee be liable for direct payment to the Grantor of a concession fee and any environmental premium assessed in respect of the Co-Sitee’s activity on the Easement Land.

23.4 In addition, the Grantor must withhold consent if: (a) the Co-Siting would result in a substantial change to the Concession Activity on the Easement Land; or (b) the Grantor considers the change to be detrimental to the environment of the Easement Land. 23.5 Subject to clause 23.4 the Concessionaire must, if required by the Grantor, allow Co- Siting on the Easement Land.

23.6 Where the Concessionaire maintains that Co-Siting by a third party on the Easement Land would: (a) detrimentally interfere physically or technically with the use by the Concessionaire of the Easement Land; or (b) materially prejudice any resource consents obtained by the Concessionaire or cause more onerous conditions to be imposed on it by the relevant authority; or (c) obstruct or impair the Concessionaire’s ability effectively to operate from the Easement Land; or (d) interfere with or prevent future forecast works of the Concessionaire, the Grantor, must, as a pre-condition to consideration of an application to grant a concession to a third party, require that third party to obtain, at its own cost, a report prepared by an independent consultant acceptable to the Grantor confirming or rejecting the presence of the matters specified in this clause 23.6. The Grantor must not grant a concession to a third party where the report confirms that the proposed concession would give rise to one or more of the matters specified in this clause 23.6.

23.7 If the independent consultant report rejects the Concessionaire’s concerns, the Concessionaire may dispute this in accordance with the procedure set out in clause 19 of Schedule 2.

23.8 Where the Concessionaire is required under clause 23.5 to allow Co-Siting on the Easement Land, the Concessionaire is, subject to clause 23.10 entitled to enter into commercial agreements with third parties for them to conduct an activity on the Easement Land and to receive a reasonable fee from them for any agreed activity

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they intend to carry out on the Easement Land. If a dispute arises between the Concessionaire and a third party such dispute must be determined by the Grantor having regard to, but not limited to, the following matters: (a) any written comments or submissions of the Concessionaire and third party; (b) market value for the concession activity proposed by the third party having regard to the matters specified in Section 17Y(2) of the Conservation Act 1987; (c) any other matters the Grantor considers relevant.

23.9 If the Concessionaire does not accept the Grantor’s determination, the Concessionaire may dispute this in accordance with the procedure set out in clause 19 of Schedule 2.

23.10 For the avoidance of doubt, a Co-Sitee permitted on the Easement Land must enter into a separate concession with the Grantor in terms of which the Co-Sitee may be required to pay to the Grantor a concession fee and environmental premium assessed in respect of the Co-Sitee’s activity on the Easement Land This separate concession must not contain provisions that conflict with the Concessionaire’s rights and obligations in relation to the Easement Land.

23.11 The Grantor must not authorise the third party to commence work on the Easement Land until all relevant resource consents are issued, an agreement is executed between the Concessionaire and third party, and any conditions imposed by the Concessionaire have been met.

24. Are there any Special Conditions?

24.1 Special conditions are specified in Schedule 3. If there is a conflict between this Schedule 2 and the Special Conditions in Schedule 3, the Special Conditions shall prevail.

25. The Law

25.1 This Concession is to be governed by, and interpreted in accordance with the laws of New Zealand.

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SCHEDULE 3

SPECIAL CONDITIONS

1. The Right and Powers implied in easements under the 4th Schedule of the Land Transfer Regulations 2002 as set out in Schedule 5 of this document are varied as follows, the rights and powers in: (a) Regulation 1 is amended by replacing the word, “grantee” with “Concessionaire” (b) Regulation 6(3)(a) is amended by adding at the end the words, “after first obtaining the prior consent of the Grantor as required in clauses 7 and 8 of Schedule 2 of this easement.” (c) Regulation 10(1) (b) is amended by adding at the end the words, “after first obtaining the prior consent of the Grantor as required in clauses 7 and 8 of Schedule 2 of this easement.” (d) Regulation 11(2) is deleted and sub clause (4) is amended by deleting the reference to sub clause (2). (e) Regulations 13 and 14 are deleted.

Further special conditions are to be added from decision maker report once approved.

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SCHEDULE 4

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SCHEDULE 5

A. LAND TRANSFER REGULATIONS 2002

1. Interpretation

In this schedule, unless the context requires otherwise,— dominant land, in relation to an easement, means the land that takes the benefit of the easement and that is described by reference to the register in a transfer instrument, easement instrument, or deposit document

easement facility,— (a) deleted: (b) deleted: (c) deleted: (d) in relation to a right to drain water, means pipes, conduits, open drains, pumps, tanks (with or without headwalls), manholes, valves, surface boxes, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution: (e) deleted: (f) deleted:

grantee, in relation to an easement,— (a) means— (i) the registered proprietor of the dominant land; or (ii) the person having the benefit of an easement in gross; and includes the agents, employees, contractors, tenants, licensees, and other invitees of the grantee

grantor, in relation to an easement,— (a) means the registered proprietor of the servient land; and (b) includes the agents, employees, contractors, tenants, licensees, and other invitees of the grantor

servient land, in relation to an easement, means— (a) the parcel of land over which an easement is registered and that is described by reference to the register in a transfer instrument, easement instrument, or deposit document: (b) a stipulated course or stipulated area

stipulated course or stipulated area, in relation to any of the classes of easements referred to in these regulations, means the course that— (a) is shown on a plan prepared for the purpose of specifying the easement; and (b) is referred to in a transfer instrument, easement instrument, or deposit document.

2. Classes of easements

DOC-2708889 18 Concession Number: 49779-OTH

For the purposes of regulation 10(a), easements are classified by reference to the following rights: (a) a right to convey water: (b) a right to drain water: (c) a right to drain sewage: (d) a right of way: (e) a right to convey electricity: (f) a right to convey telecommunications and computer media: (g) a right to convey gas.

Rights and powers implied in easements granting certain rights

3. Right to convey water 3(1) to 3(4) deleted as not relevant.

4. Right to drain water

1. A right to drain water includes the right for the grantee in common with the grantor and other persons to whom the grantor may grant similar rights to convey water (whether sourced from rain, springs, soakage, or seepage) in any quantity from the dominant land through the easement facility and over the servient land.

2. The right to drain water is limited to the extent required by any period of necessary cleansing, renewal, modification, or repair of the easement facility.

3. The easement facility referred to in sub clause (1) is the easement facility laid or to be laid along the stipulated course or stipulated area, as agreed by the grantor at the time of installation of the facility.

5. Right to drain sewage

5(1) to 5(3) deleted as not relevant.

6. Rights of way

6(1) to 6(3) deleted as not relevant.

7. Right to convey electricity

7(1) to 7(3) deleted as not relevant.

8. Right to convey telecommunications and computer media

8(1) to 8(3) deleted as not relevant.

9. Right to convey gas

9(1) to 9(3) deleted as not relevant.

Rights and powers implied in all classes of easements

10. General rights

DOC-2708889 19 Concession Number: 49779-OTH

1. All the easements referred to in this schedule include— (a) the right to use any easement facility already situated on the stipulated area or course for the purpose of the easement granted; and (b) if no suitable easement facility exists, the right to lay, install, and construct an easement facility reasonably required by the grantee (including the right to excavate land for the purpose of that construction). 2. The grantor must not do and must not allow to be done on the servient land anything that may interfere with or restrict the rights of any other party or interfere with the efficient operation of the easement facility.

3. The grantee must not do and must not allow to be done on the dominant land or the servient land anything that may interfere with or restrict the rights of any other party or interfere with the efficient operation of the easement facility.

11. Repair, maintenance, and costs

1. If the grantee (or grantees, if more than 1) has (or have) exclusive use of the easement facility, each grantee is responsible for arranging the repair and maintenance of the easement facility, and for the associated costs, so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.

2. Deleted.

3. If the easement is in gross, the grantee bears the cost of all work done outside the servient land.

4. The parties responsible for maintenance under subclause (1) or subclause (2) (as the case may be) must meet any associated requirements of the relevant local authority.

12. Rights of entry

1. For the purpose of performing any duty or in the exercise of any rights conferred under these regulations or implied in any easement, the grantee may— (a) enter upon the servient land by a reasonable route and with all necessary tools, vehicles, and equipment; and (b) remain on the servient land for a reasonable time for the sole purpose of completing the necessary work; and (c) leave any vehicles or equipment on the servient land for a reasonable time if work is proceeding.

2. The grantee must ensure that as little damage or disturbance as possible is caused to the servient land or to the grantor.

3. The grantee must ensure that all work is performed in a proper and workmanlike manner.

4. The grantee must ensure that all work is completed promptly.

5. The grantee must immediately make good any damage done to the servient land by restoring the surface of the land as nearly as possible to its former condition.

DOC-2708889 20 Concession Number: 49779-OTH

6. The grantee must compensate the grantor for all damages caused by the work to any crop (whether ready for harvest or not) or to any buildings, erections, or fences on the servient land.

13. Default

Deleted.

14. Disputes

Deleted.

DOC-2708889 21 Non-notified Concession (Easement): Far North DC Permission number: 49779-OTH Page 1

Non-notified Concession Report to Decision Maker

Report to Decision Maker: David Neho, Operations Manager, Kaitaia Office, Northern Region

Applicant: Far North District Council

Permission Record Number: 49779-OTH

File: PAC-00-04-16

The purpose of this report is to provide a thorough analysis of the application within the context of the legislation, the statutory planning framework and actual and potential effects, so the Decision Maker can consider the application and confirm that it should not be notified and decide whether it should be granted or declined.

1.0 Summary of proposal

1.1 Background:

The Motutangi Drainage Area was established in the 1920’s, it covers an area of approximately 30km2 and comprises ten primary drains which were formed to minimise the adverse effects of flooding on productive agricultural land to the west of the Drainage Area. Of the ten drains, six traverse public conservation lands and waters referred to as the Kaimaumau-Motutangi (Drainage Area) Complex.

The drains include the Motutangi Stream, Cut to Lands End, Selwyn Drain, Bacica Drain, the Subritzky Drain, and part of the Aspin Drain (refer to figure 1 Location Plan below).

The applicant (and its predecessors) have been responsible for the management of drains since they were incorporated into a Drainage District in 19281 and after extensive communications and requests from the Department, a retrospective application has been received to formalise, under Part 3B of the Conservation Act 1987, the applicant’s activities within the Kaimaumau-Motutangi (Drainage Area) Complex that relate to these 6 drains and access tracks (including proposed modifications) along with associated infrastructure such as culverts.

1 Motutangi Drainage Area in 1928 the Motutangi swamp was declared a Drainage District pursuant to the Swamp Drainage Act 1915, however with changes in legislation, the term Drainage District no longer applies and pursuant to the Local Government Act 1974 this Drainage District is now referred to as a Drainage Area. The drainage areas located at Motutangi, Waiharara, and Kaikino are known collectively as the Northern Drainage Area.

DOC-2757277 - 1 –

Non-notified Concession (Easement): Far North DC Permission number: 49779-OTH Page 2

Marginal Strip

Subritzky Drain

Conservation Area

Figure 1: Location Plan2

Information about the applicant: Local Authority

Type of concession sought: Non-notified Easement

Term sought: 10 years requested on application. Refer to Section 6.1 in this Report for a discussion on the Term.

Description of the proposed activity:

The concession activity applied for involves the following elements associated with six (6) Council administered drains which form part of the Motutangi Drainage Area, and which traverse parts of the Kaimaumau-Motutangi (Drainage Area) Complex over Kaimaumau Scientific Reserve, East Beach Conservation Area and Motutangi Stream Marginal Strip:

(a) To obtain a right to facilitate the drainage of water; (b) To allow vehicular and foot “rights of entry” to the drains and ancillary infrastructure for repair and maintenance purposes (including mechanical cleaning); (c) To modify the access track in association with the “rights of entry”.

2 In relation to the Conservation Area - see table 1 below and footnote 5 (iwi redress)

DOC-2757277 Non-notified Concession (Easement): Far North DC Permission number: 49779-OTH Page 3

Description of locations where activity is proposed: From application:

“The Kaimaumau-Motutangi Complex (including East Beach and Lake Waikaramu Conservation Area) covers an area of more than 4,600 ha and stretches from the Rangaunu Harbour entrance near Kaimaumau, north-westwards to the Houhora Harbour mouth - a distance of approximately 15 km of continuous natural landscape. The vegetation is dominated by sedges, rushes and shrubs representative of the acidic, low fertility wetlands and dune systems that were once widespread and typical in the Aupouri Ecological District (Conning and Holland 2003)3.

About half of this Complex (1868 ha) is wetland with the remaining areas being in shrubland (2203 ha) and dunes (627 ha)4. Of the public conservation land within this Complex, 986 ha is classified as Kaimaumau Scientific Reserve; 247 ha as Lake Waikaramu Conservation Area; and 2269 ha as East Beach Conservation Area. The remaining area (private land) is roughly divided as 1125 ha of shrubland (including gumland) and 163 ha of wetland. A stretch of land approximately 5km long running along the western side of the Motutangi Stream is designated as the Motutangi Marginal Strip.”

Table 1: Public conservation lands and waters

Conservation Conservation Legal NaPALIS Activity Unit No Name Description N03014 Kaimaumau Sec 56 Blk IV 2796145 (a) a right to drain water: Scientific Reserve Opoe SD N03013 East Beach Sec 9 Blk III Opoe 2796144 for the purpose of 5 Conservation Area SD; Part facilitating the drainage of Muriwhenua water and vehicular and South; Sec 2 SO foot right of entry to repair 470883 and maintain drainage N03020 Motutangi Stream Crown Land 2796150 channels and ancillary Marginal Strip infrastructure within the Kaimaumau-Motutangi (Drainage Area) Complex.

1.2 Consultation with External Parties The following bodies have been asked to comment on the Application:

(a) Ngāi Takoto’s and Te Aupōuri (refer to section 4.2.6(a) in this Report) (b) Tehiku Conservation Board (refer to section 4.2.6(b) in this Report) (c) Heritage (refer to section 4.2.6(c) in this Report)

1.3 Characteristics of the Application Area As noted above, the application area is located within Parengarena-Aupouri-Kaimaumau-Karikari Place.

The Northland Conservation Management Strategy, extracts of which are reproduced in section 4.7 in this Report, describes the location in detail. In summary the distinctive features are:

• Significant example of a peat bog and wetland system.

3 Conning, L., & Holland, W. (2003). Natural areas of Aupouri Ecological District. Department of Conservation. Northland. 4 Calculated from GIS data (Northland SNA Now, digitised from Conning and Holland (2003) and held by the Department of Conservation Northland District Office. This data does not distinguish between gumland shrubland (which is a form of seasonal wetland) and dry shrubland such as that which occurs on dune ridges. 5 One thousand hectares of this area has been identified in the Deed of Settlement documents between the Crown and Ngāi Takoto iwi as redress land to be returned to Ngāi Takoto following the passing of legislation.

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• One of Northlands most important podzol gumlands occurs at Kaimaumau. • Priority ecosystems the Department considers nationally important for natural heritage management in Northland on public conservation land - Kaimaumau Scientific Reserve and East Beach Conservation Area (part of), Motutangi/Waihuahua. • The location is discussed in the CMS under Parengarena-Aupouri-Kaimaumau-Karikari Place. • Two of New Zealand’s most outstanding harbour and estuarine habitats are present in this special area. • Kaimaumau wetland is the third largest peat bog system in the country, and nearby are several shallow, ephemeral lakes, including Lake Ohia. • The wetland’s bed of ancient kauri roots provides an important habitat for a variety of threatened ferns, mosses, orchids, freshwater fish, forest and coastal broadleaf shrubland, and a wide variety of coastal and seabirds. • Kaimaumau is notable for their high numbers of threatened plants, orchid communities, and the variety of coastal and forest birds they support.

1.4 Appendices to this Report Appendix A: Map of proposed easement activity Appendix B: Draft Concession Document (Easement) for reference purposes only (recorded as DOC- 2708889)

2.0 Information available for consideration

Information obtained or received:

1. From applicant – Application DOC-2705348 Maps A-E included in application6, plus email dated 4 February 2016 recorded DOC-2710216 Request to change spraying and cleaning regime period in original application:

“After the application was submitted, our project manager discussed the spraying and cleaning regime of the drains with the operator and it was determined that this maintenance is best carried out biannually in May and November. Currently our maintenance schedules exclude drain spraying and cleaning during Aug to Nov in the below listed drains, would it be possible to amend the exclusion period to be not during Aug – 15 Nov?

Drains: Motutangi Stream Cut to Lands End Selwyn”

• From whanau/hapu/iwi: protocols triggered (refer to section 4.2.6(a) in this Report) • From Conservation Board: protocols triggered (refer to section 4.2.6(b) in this Report) • From DOC staff: District Office comments recorded as DOC-2708650. Hugh Robertson, Department of Conservations, Principal Science Advisor’s comments have been clearly identified in this Report. • From other sources:

➢ The Far North District Council confirmed in a phone conversation (Kelvin Brown/Jaye Michalick – 3 February 2016) that no Resource Consent has been applied for at this stage, as they are awaiting the outcome of this application.

6 Other map attachments included in application: Map A Motutangi Drainage District – drains and access tracks Map B Motutangi Drainage District – wetland water level monitoring zone Map C Motutangi Drainage District – weed control areas Map D Motutangi Drainage District – drains/culverts to be blocked Map E Motutangi Drainage District – track to be widened

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➢ Vegetation Monitoring at the Kaimaumau Wetland, Northland – Wildlands Proposal No. P4396 – June 2016 – prepared for the Department of Conservation, Kaitaia – Reviewed and prepared for release by W.B. Shaw Director/Principal Ecologist.

➢ Ministerial request recorded as DOC-2545982 and discussed in sections 4.1 and 4.2.4 in this Report.

Requested information not received: All information requested to consider this application has been provided to the Department.

3.0 Acknowledgement of complete application (s17S)

An application is deemed complete once all information required under section 17S has been received.

The Minister should be satisfied that the application is complete for the purposes of the Act.

4.0 Analysis of proposal (s17T, 17U, 17V, 17W, 17X, 17Y)

4.1 Analysis of the Proposal - Section 17T

Declining an Application within 20 working days – s17T

Section 17T(2) requires the Minister to decline an application within 20 working days of it being deemed complete, if “...the application does not comply or is inconsistent with the provisions of this Act or any other relevant conservation management strategy or plan...”

This application appears to comply with and be consistent with s.17T(2). It is therefore not considered appropriate for the application to be declined within twenty working days.

Public notification s17T(5):

Refer to s.17T(5) of the Conservation Act:

“Before granting a licence with a term (including all renewals) not exceeding 10 years, or a permit or easement, in respect of a conservation area, the Minister may give public notice of the intention to do so if, having regard to the effects of the licence, permit, or easement, he or she considers it appropriate to give the notice.”

Initially this application was recorded as a Notified Easement application until District Office had the opportunity to assess the application, to consider the adverse effects of the activity (over and above those already known); including the proposed modification to drains and widening of the access tracks, and the outcome of any iwi and Conservation Board consultation.

This scheme has been controversial, and a local environmental group has raised the issue with the Minister of Conservation in the past in relation to the impacts of swamp kauri removal on adjoining DOC reserves - refer to ministerial request recorded as DOC-2545982. Several of the issues raised in this report have been referred to and discussed in section 4.2.4 in this Report.

This application, under Part 3B of the Conservation Act 1987 is one of the key outcomes of this Ministerial. Now that the Department is taking a lead role in the funding and carrying out of environmental monitoring7 (starting with hydrological monitoring), supported by the conclusions under cumulative effects8 that it can be concluded that the granting of a concession will result in both positive and negative effects however, it is considered that there will be no significant new effects over and above those already known at the location for this historic activity, and that any potential adverse effects of the activity can be reasonably and practicably avoided, remedied or mitigated by conditions,

7 Refer to section 4.2.4 of this Report 8 Refer to section 4.3 of this Report

DOC-2757277 Non-notified Concession (Easement): Far North DC Permission number: 49779-OTH Page 6 including through the identification of future potential drain management options which the environmental monitoring will inform. In conclusion, the Department needs to (1) do the environmental monitoring to determine the impact of the drains, and then (2) help to identify if there are practical mitigation options. This will take approximately 5 years to determine.

On this basis, this report recommends to the decision maker that it would not be considered appropriate (or necessary) to give public notification of any decision to grant this concession.

4.2 Analysis of the Proposal - the Effects of the Activity and the Availability of Methods to Avoid, Remedy or Mititgate Adverse Effects –s17U(1) and s17U(2)

Analysis of Effects s17U(1) and (2):

Section 17U(1) requires the Minister to have regard to the effects of the activity as well as the measures that can be imposed to avoid, remedy or mitigate adverse effects. Section 4.2 of this Report considers the effects of the activity from a number of perspectives which can generally be categorised as follows:

• Effects on conservation values • Effects on cultural values • Effects on existing and future users • Cumulative effects of adding this activity to current activity on site.

In accordance with section 17U(1)(c), this Report also considers what measures can reasonably and practicably be undertaken to avoid, remedy or mitigate the adverse effects. As is required by section 17U(1)(c).

When analysing the effects of the proposed activities, this report considers the following material: (a) Environmental Impact Assessment (EIA) included in application (section 4.2.1; Table 2 in this Report) (b) Feedback received from Departmental staff (c) Feedback received from the Northland Conservation Board. (d) Feedback received from iwi

In addition to the material noted in the preceding paragraph, this Report also assesses the application by reference to the relevant conservation planning documents, including: 1. Northland Conservation Management Strategy 2014-2024 (CMS) (refer to section 4.7 in this Report) 2. Conservation General Policy (May 2005)(CGP) (refer to section 4.7 in this Report)

The applicant provided the following information in their application along with a detailed Environmental Impact Assessment (EIA) (refer section 4.2.1, Table 2, in this Report).

Reasons for Concession Application The following is a list of specific items which comprise this concession application: i) The Motutangi Stream drain, as it traverses the East Beach Conservation Area; ii) Cut to Lands End drain, as it traverses the East Beach Conservation Area; iii) Selwyn drain, as it traverses the Kaimaumau Scientific Reserve; iv) Bacica’s drain, as it traverses the Kaimaumau Scientific Reserve; v) Aspin drain, as it traverses the East Beach Conservation Area; vi) Subritzky drain, as it traverses the East Beach Conservation Area; vii) Drainage access tracks within pcl, as depicted on Map A of this application; viii) Track widening along the eastern edge of the Motutangi Stream; ix) Culvert located within the Cut to Lands End drain, within the East Beach Conservation Area; x) Culvert located within the access track to the Selwyn drain, within the Kaimaumau Scientific Reserve; and xi) Upgrading of the culvert located within the access track to the Selwyn drain, within the Kaimaumau Scientific Reserve.

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Hydrology

Wetland hydrology is fully described by Hicks et al. (20019). Briefly, the wetland is a perched water table supported by an underlying sandstone hardpan. Its main source of water is rain falling on the wetland’s surface, averaging 1176mm annually.

Flow estimate calculations taken in the Selwyn drain at the entry and exit points of the reserve, indicate that a proportion of the water exiting the reserve in the drain has come from the wetland, not from the farm land above.

Threats to reserve values

The main threats to the reserve associated with the drainage network are all related mainly to the alteration of the natural hydrological regime in the area causing drying of the wetland. This has created habitat for weeds, which are affecting the integrity of the wetland and has made the area more susceptible to fires, and has caused peat mineralization and shrinkage.

Description of proposed activity The Motutangi Drainage Area was developed from the 1920’s (through the now East Beach Conservation Area) up until the late 70’s (through the now Kaimaumau Scientific Reserve). At the time the land was unoccupied crown land, however the reserves were gazetted in 1988 and 1984 respectively. The history of the scheme and the issues surrounding its maintenance are well covered in the report titled ‘Options for managing the Kaimaumau wetland, Northland, New Zealand’ by Hicks, Campbell and Atkinson, published in 2001.

This concession application relates to on-going works on public conservation lands and waters deemed necessary to maintain the effectiveness of the scheme to provide drainage to the properties within the catchment.

The Drainage Area contains two culverts10 which are included within this Concession application. The applicant stated that in accordance with section 29, Schedule 1 of the Building Act 2004, the following is exempt from requiring consent: building work in connection with a motorway sign, stopbank, culvert for carrying water under or in association with a road, or other similar structure that is— • (a) a simple structure; and • (b) owned or controlled by a network utility operator or other similar organisation. Accordingly, the applicant stated that the culverts subject to this application meet that criteria and accordingly do not require building consent.

Motutangi Stream

The Motutangi Stream is a tidal stream with a sand bottom trapped between two sand dune ridges. The flow within the stream is relatively constant with little plant growth in the lower reaches due to the presence of salt water. In several places erosion of the stream bank has occurred with further erosion possible where exposed sand exists. The lower reaches of the stream are a spawning area for white bait species inanga, which rely on stream side vegetation to lay their eggs. The stream is approximately 4.2k m long and its width (at invert level) varies between 5.4m and 9.0m.

For the majority of its length, the western side of this stream is gazetted as marginal strip, and is managed by the Department of Conservation (Figure 1, section 1.1 in this Report).

The eastern side of the stream is classified as East Beach Conservation Area (Figure 1, section 1.1 in this Report).

For most of its length an access track has been developed down the eastern side of the stream to provide access for machine cleaning and spraying of the stream (Appendix A). At present this track varies in its width from 4-15m wide. To allow for the safe use of excavators in stream cleaning

9 Hicks, D., Campbell, D., & Atkinson, I. (2001). Options for managing the Kaimaumau wetland, Northland, New Zealand. Department of Conservation, Wellington. 10 Culverts located within the Cut to Lands End drain and within the access track to the Selwyn drain.

DOC-2757277 Non-notified Concession (Easement): Far North DC Permission number: 49779-OTH Page 8 operations, it is proposed to widen this track to a uniform width of 10.5m measured from the eastern edge of the channel (within which aquatic weed will be disposed of) plus an additional 1:1 gradient slope where castings will be disposed of. Once the track reaches the sand bluffs at the lower end of the Motutangi Stream, the overall width of the track will reduce to 10m + a 1:1 gradient slope from the track down to the eastern edge of the channel. The widening of the track is included in this concession application.

Development of the current track and the enlargement and cleaning of the stream has led to spoil been deposited along the eastern length of the stream. This has created a wall of spoil and has led to weed invasion problems into the reserve, including the proliferation of pampas, tobacco weed and wattle.

Cut to Lands End

This 1.6km section runs from the fenced boundary of the scientific reserve to the exit of the main outfall drain into the Motutangi Stream, at invert level, the drain is approximately 3.0m wide. Either side is classified as East Beach Conservation Area, however the public conservation lands and waters on the western side has been incorporated into the neighbouring farm and is grazed, with cattle having access to the water way.

Machine cleaning of the stream along this section is carried out from the western side (Table 2, section 4.2.1 in this Report).

One culvert provides access across to the eastern side of the stream for the purposes of machine cleaning and spraying of the Motutangi Stream. This culvert is on pcl & w and permission to continue to maintain this culvert is included in this application (Table 2, section 4.2.1 in this Report).

Selwyn Drain

The Selwyn drain runs from the SH1 east through the Kaimaumau Scientific Reserve. The Selwyn drain was cut through around 1978 before the reserve was gazetted. It cuts through consolidated sand dune ridges and peat basins. The drain takes water from the area referred to as the ‘Selwyn swamp’, an area of farm land on the western side of the SH1. Prior to the development of the Selwyn drain this water flowed out through the Aspin drain. The Selwyn Drain is approximately 2.4km long and at invert level its width varies between 2.0m to 5.7m.

As the Selwyn flows from west to east through the pcl & w, the volume of water increases indicating that the drain is not only taking water from the farm land above the reserve but also from the surrounding Scientific Reserve wetland. The effects of this can be seen along both sides of the drain as weed species such as pampas and wattle have established on the dryer edges.

A culvert associated with the access track to the Selwyn drain is located within public conservation lands and waters at approximate coordinates E1616244, N6140940 NZTM, this culvert is approximately 5m long and is 300mm in diameter. Permission to continue to maintain this culvert, including upgrading it so that it is safe to use, is included in this concession application. The proposed upgrade is likely to be either by extending the length of the existing culvert so that it is safe to use, or by replacing the existing culvert with a 6m long Farmboss pipe.

Through the public conservation lands and waters, access is maintained on the western side of the Selwyn drain only (Table 2, section 4.2.1 in this Report).

Bacicas Drain

After leaving private property this drain runs through the Kaimaumau Scientific Reserve, and flows into the Selwyn drain. Through the Scientific Reserve, access is provided from the farmland down approximately 100m on the western side of the drain (Appendix A). No access or maintenance is carried out for the remaining section of drain. Approximately 800m of this drain passes through the Reserve; this drain is approximately 2.0m wide at invert level.

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Aspin Drain

The Aspin drain is a man made drain which has straightened and shortened the old Motutangi Stream. A portion of this drain runs through East Beach Conservation Area, for a distance of approximately 600m, before it flows into the Main Out fall drain. This drain varies between 2.0m to 4.0m in width at invert level. Along this section of the drain the land immediately to the east has been cleared and informally grazed and its conservation values compromised. The western side of the drain however has not been cleared. For this reason access for drain clearing and spraying only takes place from the eastern bank (Appendix A).

This area is peat and over drainage threatens the environmental values of the reserve. The drying out of the peat that has already occurred along the western edge of the drain has lead to the introduction of weed species such as pampas and left unmanaged this has the potential to further undermine the conservation values of the remaining wetland in the area.

Subritzky Drain

The Subritzky Drain provides drainage to the eastern side of SH1 and approximately 200m of the drain runs through East Beach Conservation Area. At invert level the drain is approximately 4.0m wide.

4.2.1 Applicant’s analysis of the effects of the activity plus methods to avoid, remedy or mitigate

Refer to Table 2 below - includes Dunedin Service Centre comments in italics.

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Table 2: Applicant’s Environmental Impact Assessment (EIA) 6.1)11 Proposed activity: Maintenance of existing drains

Location on public Special feature or value Potential effects of your Suggested conditions aimed at avoiding, remedying conservation land (threatened by the proposed activity on the feature or value or mitigating adverse effects identified. activity) (positive or adverse)

Selwyn Drain and Cut to Natural hydrology of the peat Direct effects on hydrology No1 1. Where possible, monitoring of wetland water levels, Lands End (Kaimaumau wetland and stream flows (as shown on attached Map B) to Scientific Reserve) quantify any impacts the current drains are having on the adjoining wetland, and to identify future options to mitigate or avoid the impacts of the drainage system. DOC or Ngāi Takoto may provide support in terms of equipment and devices in terms of this condition. (note: underlined text added by Hugh Robertson, DOC Principal Science Advisor)

Dunedin Service Centre Comment: Refer to discussions in section 4.2.2 in this Report, in particular 4.2.5 (Monitoring conditions). All drains on Public Natural hydrology of the peat Direct effects on hydrology 2. No deepening of drains within reserves without the Conservation Land – wetland. No1. prior written consent from DOC, informed by a Drying out of peat through lateral comprehensive survey of drain invert levels before and Including; Selwyn drain, Cut water movement out of wetland after the activity. (note: underlined text added by Hugh to Lands End and Bacicas and into drain affecting the Robertson, DOC Principal Science Advisor) drain (Kaimaumau Scientific wetlands integrity. Reserve) Motutangi Stream Dunedin Service Centre Comment: and Aspin drain (East Beach Refer section 6.4 in this Report, proposed special Conservation Area. condition 24 (Invert levels for drains and streams).

11 Reference number on applicants EIA

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Bacicas drain (Kaimaumau Natural hydrology of the peat Direct effect on hydrology 3. Work will only be conducted along the designated Scientific Reserve) wetland. No3. Drying out of peat through 100m portion of this drain as marked on the attached lateral water movement out of map (Map A). wetland and into drain affecting the wetlands integrity. Any further Dunedin Service Centre Comment: work along the drain would also Refer Appendix A map (to be Schedule 4 map in open the area to invasion by weed concession) showing approximate location of drain species. within conservation land. Selwyn drain and Cut to Lands Natural hydrology of the peat Indirect effects on hydrology 4. Weeds (mostly wattle and pampas) within 10m of End (Kaimaumau Scientific wetland. No1. western edge of track and within 5m of eastern edge of Reserve). drain will be controlled as part of the FNDCs regular Drying of peat caused by the maintenance programme (Map C). DOC or Ngāi Takoto presence of drains has allowed may provide either site supervision or written task weeds (mostly Pampas and Wattle) specifications. to establish along drain/stream edges. Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special condition 28 (Weed control/management). Aspin Drain (East Beach Natural hydrology of the peat Indirect effect on hydrology 5. Weeds (mostly pampas) within 10m of eastern edge of Conservation Area). wetland. No2. the track and within 5m of western edge of drain will be controlled as part of the FNDCs regular maintenance Drying of peat caused by the programme. (Map C). DOC or Ngāi Takoto may provide presence of Aspin drain has either site supervision or written task specifications. allowed weeds (mostly Pampas) to establish along drain edge. Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special condition 28 (Weed control/management). Selwyn Drain and Cut to Natural hydrology of the peat Indirect effects on hydrology 6. Side drains feeding into the Selwyn (as shown on Lands End (Kaimaumau wetland No3. attached Map D) which are not part of the scheme, will Scientific Reserve) Maintenance of access track & be blocked to stop drying of these areas. informal side drains creating wider disturbance footprint than Dunedin Service Centre Comment: access along requires, allowing Refer section 6.4 in this Report, proposed special weeds to establish. condition 38 (Culverts). Refer also to special conditions 39-40 (Culverts), and Items 4-5 above.

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All drains on Public Native vegetation Direct effects on native 7. No earthworks or vegetation clearance (apart mulching Conservation Land – vegetation No1 of approved access tracks as shown on the attached map A) will occur along any drains on Public Including; Selwyn drain, Cut Establishment of new tracks and Conservation Land (PCL) without prior written consent to Lands End and Bacicas maintenance of existing tracks from DOC. drain (Kaimaumau Scientific impacts on native vegetation Reserve) Motutangi Stream through clearance Dunedin Service Centre Comment: and Aspin drain (East Beach Refer section 6.4 in this Report, proposed special Conservation Area. conditions 1-8 (ESTABLISHMENT OF THE MODIFIED (WIDENED) TRACK ACCESS; Prior to establishment of the Easement Facility); 20 (Track access).

In stream bio-diversity Direct effects on in-stream 8. Approximately 10% of in stream vegetation, in every Selwyn drain, Cut to Lands values bio-diversity No1 10m reach of the drain stream, on either side of End (Kaimaumau Scientific waterway will remain undisturbed to provide habitat Reserve) Motutangi Stream Mechanical cleaning of drains and and erosion control. (note: underlined text added by (East Beach Conservation spraying of aquatic vegetation Hugh Robertson, DOC Principal Science Advisor) Area. effecting water quality and in stream habitat for native fish and Dunedin Service Centre Comment: eels Refer section 6.4 in this Report, proposed special condition 17 (Fish passage); 27-29 (Weed control/management) and 30-37 (Mechanical cleaning of drains)

Motutangi Stream (East Beach In stream biodiversity values Direct effects on in stream 9. Spraying and mechanical cleaning of weeds will not Conservation Area) biodiversity No2 occur in the Motutangi Stream during 01 February to 15 Inanga spawn along the banks of June inclusive, unless potential spawning areas have tidal reaches of creeks and drains. been identified and mapped, with the assistance of a Eggs are deposited in the DOC ecologist. vegetation on a spring tide and develop out of the water. Removal Dunedin Service Centre Comment: of disturbance of vegetation in this Refer section 6.4 in this Report, proposed special zone during spawning negatively condition 27 (Weed control/management) and 30 impacts spawning success. (Mechanical cleaning of drains)

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Selwyn drain, Cut to Lands In stream bio diversity values Direct effects on in-stream 10. Spraying and mechanical cleaning will not occur during End (Kaimaumau Scientific bio-diversity No3 peak inanga migration season (August – November). Reserve) Motutangi Stream High suspended sediment (East Beach Conservation concentrations and turbidity affect Dunedin Service Centre Comment: Area. fish migration Refer section 6.4 in this Report, proposed special condition 27 (Weed control/management) and 30 (Mechanical cleaning of drains).

Selwyn drain and Cut to Lands Cultural values - Burial sites Direct effects on cultural 11. Designated iwi representatives will be given the End (Kaimaumau Scientific / Kōiwi (bones). values No1 opportunity to be present during all mechanical Reserve) and Motutangi cleaning of drain to ensure Tikanga is followed if any stream (East Beach Earth works and mechanical drain remains are disturbed. Ngāi Takoto is prepared to carry Conservation Area). cleaning has the potential to out this monitoring work at no cost to the Drainage disturb burial sites. Area.

Dunedin Service Centre Comment: Refer to Section 6.4 in this Report, proposed special conditions 29 (Weed control/management) and 31 (Mechanical cleaning of drains). “The Concessionaire must advise the Grantor 14 days prior to any mechanical cleaning of drains.” This will allow representatives of the Grantor to be present and an opportunity for the Department to consult with Ngāi Takoto if this is deemed necessary.

Refer section 6.4 in this Report, proposed special condition 30-37 (Mechanical cleaning of drains). Silt deposits and vegetation only to be removed i.e. no earth disturbance.

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All drains on Public Cultural values - Eels / Tuna Direct effects on cultural 12. Designated iwi representatives will be given the Conservation Land – and fish & protection of values No2 opportunity to be present during all mechanical cultural harvesting material. cleaning of the drain to ensure protection of harvest Including; Selwyn drain, Cut Mechanical cleaning of drains has sites and the return of any eels and fish to waterways. to Lands End and Bacicas the potential to remove eels and Ngāi Takoto is prepared to carry out this monitoring drain (Kaimaumau Scientific leave them stranded amongst spoil work at no cost to the Drainage Area. Reserve) Motutangi Stream and the potential to damage and Aspin drain (East Beach existing harvesting sites Dunedin Service Centre Comment: Conservation Area. Refer section 6.4 in this Report, proposed special condition 17 (Fish passage). Clause 13 of Schedule 2 “What are the compliance obligations of the Concessionaire? Refer Appendix B draft concession. No requirement for Ngāi Takoto to be present.

All drains on Public Bio-diversity values. Bio-security risks No1. 13. All drain cleanings (castings) will be dumped and Conservation Land – spread on tracks to ensure weeds are not spread into Aquatic weeds Pest plant species, nearby wet areas. This will also assist easy monitoring Including; Selwyn drain, Cut including aquatic plants, removed and control of any weeds that do establish to Lands End and Bacicas from the stream and dumped on drain (Kaimaumau Scientific the reserve and marginal strip,

Reserve) Motutangi Stream have the potential to grow and Any aquatic weeds pest plants (aquatic or terrestrial) that and Aspin drain (East Beach invade adjacent wetlands. (note: become established on the spoil tracks or neighbouring wet Conservation Area. strikethrough and underlined text areas will be eradicated before they are able to spread. added by Hugh Robertson, DOC (note: strikethrough and underlined text added by Hugh Principal Science Advisor) Robertson, DOC Principal Science Advisor)

Dunedin Service Centre Comment:

Refer section 6.4 in this Report, proposed special conditions 30-37 (Mechanical cleaning of drains – Disposal of drain cleanings).

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All drains on Public Bio-diversity values. Bio-security risks No2. 14. All machines and vehicles will be cleaned and free of Conservation Land – soil and any other material that could transport seeds, Vehicles and machinery using before entering the reserves and marginal strip. Including; Selwyn drain, Cut access tracks act as a pathway for to Lands End and Bacicas weeds to enter or be spread Dunedin Service Centre Comment: drain (Kaimaumau Scientific through-out waterways and Refer section 6.4 in this Report, proposed special Reserve) Motutangi Stream adjoining reserves. condition 26 (Machinery and equipment). and Aspin drain (East Beach Conservation Area. DOC will be contacted prior to any machinery entering the Reserves to allow it time to organise bio security monitoring of equipment if it so chooses to.

Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special condition 31 (Mechanical cleaning of drains).

High threat weeds (i.e. alligator weed) will be sprayed prior to removal with machinery. DOC can provide a list of known weeds that need to be sprayed prior to drain cleaning.

Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special condition 33 (Mechanical cleaning of drains).

Work will be planned so that areas infested with high threat weeds are cleaned last to avoid weeds been transported throughout the scheme.

Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special condition 34 (Mechanical cleaning of drains).

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Motutangi Stream (East Beach Bio-diversity values Bio-security risks No3. 15. Pampas and wattle will be controlled for 10m beyond Conservation Area). the eastern edge of the track as part of the FNDC’s Weeds (mostly pampas & wattle) annual maintenance programme. DOC may provide thrive in disturbed sites. Weeds written task specifications to avoid the risk of non- have spread along the marginal targets being impacted on. strip and have encroached into East Beach Conservation Area due Dunedin Service Centre Comment: to the work that has been carried Refer section 6.4 in this Report, proposed special out on the scheme. condition 28 (Weed control/management)

DOC will be contacted two weeks prior to any weed control work occurring to allow it time to organise site supervision if it so chooses to. Due to dependence on weather conditions, the exact date of works will not be able to be advised, other than it will occur within a suitable weather window two weeks from date of advice to DOC.

Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special conditions 29 (Weed control/management) and 31 (Mechanical cleaning of drains). Motutangi Stream Public Access Public Access number 1 16. Structures / culverts / crossings need to be maintained to safe standard. Un-safe & un-permitted structures and crossings on PCL present a Dunedin Service Centre Comment: H&S risk to public, contractors and Standard condition 8.2 in Schedule 2 of draft DOC staff. concession document in Appendix B. Refer section 6.4 in this Report, proposed special conditions 38-40 (Culverts)

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Table 2 (Continued): Applicant’s Environmental Impact Assessment (EIA)

6.212 Proposed activity: Widening of access track along Motutangi Stream within the East Beach Conservation Area

Special feature or value Potential effects of your activity on the feature or value Suggested conditions aimed at avoiding, remedying (threatened by the proposed (positive or adverse) or mitigating adverse effects identified. activity) Cultural values - Burial sites / Direct effects on cultural values. 17. Designated iwi representatives will be given the Kōiwi (bones). opportunity to be present during track widening to Earth works associated with track widening has the potential to ensure Tikanga is followed if any remains are disturbed. disturb Kōiwi. Ngāi Takoto are prepared to carry out this monitoring work at no cost to the Drainage Area.

Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special conditions 1-8 (ESTABLISHMENT OF THE MODIFIED (WIDENED) TRACK ACCESS; Prior to establishment of the Easement Facility).

Bio-diversity values Direct effect of track widening on reserve biodiversity 18. Sensitive areas have been GPS recorded by DOC, this values information will be provided to FNDC and, prior to work starting, the sensitive areas will be marked on site Widening of the access track by pushing the current spoil heap to avoid spill being pushed further into them. DOC may further east has the potential to damage remaining areas of wetland provide written task specifications to avoid the risk of adjoining the stream. non-targets being impacted on.

In areas where spoil cannot be pushed east, alternative methods for depositing / removing material will be used.

Hugh Robertson (DOC Principal Science Advisor) comment: “The track can be widened to 5m from the drain edge, and only where essential for the activity, up to 10m.”

12 Reference number on applicants EIA

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Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special conditions 1-8 (ESTABLISHMENT OF THE MODIFIED (WIDENED) TRACK ACCESS; Prior to establishment of the Easement Facility). Bio-diversity values. Direct effects on native vegetation. 19. Before work starts the extent of track will be marked to ensure as little as possible native vegetation clearance Widening of track impacts on native vegetation through clearance. occurs as possible.

Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special conditions 1-8 (ESTABLISHMENT OF THE MODIFIED (WIDENED) TRACK ACCESS; Prior to establishment of the Easement Facility).

Bio-diversity values. Bio-security risks. 20. All machines and vehicles will be cleaned and free of soil and any other material that could transport seeds, Vehicles and machinery using access tracks act as a pathway for before entering the reserve. weeds to enter or be spread through-out waterways and adjoining reserves. Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special condition 26 (Machinery and equipment).

DOC will be contacted prior to any machinery entering the Reserve to allow it time to organise bio security monitoring of equipment if it so chooses to.

Dunedin Service Centre Comment: Refer section 6.4 in this Report, proposed special condition 31 (Weed control/management).

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4.2.2 Analysis of the effects of the Activity by Departmental Staff together with proposed methods to avoid, remedy or mitigate adverse effects.

Department staff familiar with the application area were asked to comment on the application. Feedback from the District Office ranger is summarised below. Specifically, it refers to conditions that could be imposed to avoid, remedy or mitigate the particular adverse effect identified by the District Office. Where reference is made to a proposed special conditions these can be found in section 6.4 of this Report.

District Office Comments (with Dunedin Service Centre Comments in italics)

1. Track widening: This is a part of the concession application but is lacking information, it would be good to have more detail and perhaps some diagrams. It would also be useful to know what Resource Consents are expected to be applied for in regards to works in a Riparian Management Zone. We want to ensure that measures are enforced to manage sediment during these works. Additionally, the width is wider than was originally discussed e.g. widening the Motutangi Stream track to a uniform width of 10.5m is considered too wide.

Refer to Section 6.4 in this Report, proposed special conditions 1-8 (Establishment of the Facility)

2. Motutangi Stream section: In the EIA, the applicant has stated there will be no drain spraying or clearing during the inanga spawning season (February – June) this is not consistent with their proposed maintenance schedule. An email sent by the applicant after the application was submitted has requested an alteration to the timing of cleaning and spraying, but the proposed times fall within both the spawning and migration periods this has the potential to have a significant adverse impact.

Refer to Section 6.4 in this Report, proposed special conditions 27 (Weed control/management) & 30 (Mechanical cleaning of drains)

3. Contact DOC prior to works commencing: In some cases the report states that DOC will be contacted two weeks prior to works commencing but this is not consistent for works throughout the report and should be. It should be the local office that is contacted – could this please be specified in any condition.

Refer to Section 6.4 in this Report, proposed special conditions 29 (Weed control/management) and 31 (Mechanical cleaning of drains). Local office has been specified in several of the proposed special conditions as requested.

4. Additional drain: In the proposed maintenance schedule the applicant talks about up-grading a culvert on the Selwyn Section and the EIA talks about removing/blocking the same culvert (point 6 of the EIA). The Departments preference is that the culvert in question is removed and blocked as discussed and agreed to on site, and as described in the EIA. The culvert drains a larger area of the wetland than is necessary which is causing adverse effects to the wider wetland. It is not one of the drains that is in their scheme map.

Refer to Section 6.4 in this Report, proposed special condition 38 (Culverts).

5. Bacicas and Subritzky drains: In the proposed maintenance schedule for the Bacicas and Subritzky drains, the weed control measures need to be included and be the same conditions as for the other drains (e.g. 10 metres on the western side and 5m on the eastern side).

Refer to Section 6.4 in this Report, proposed special conditions 28 (Weed control/management).

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Non-notified Concession (Easement): Far North DC Permission number: 49779-OTH Page 20

6. Drain width: Concerns raised that, for example, it appears that the drain widths for Bacicas (approximately 2m wide), Aspin (varies between 2m to 4m wide) and Subritsky (approximately 4m wide) have been over estimated and any reference to drain widths in any proposed concession may give the perception that drains that are not currently at the maximum invert level detailed in the application can be widened?

Refer to Section 6.4 in this Report, proposed special conditions 23-24 (Invert levels for drains and streams).

7. EIA condition 9: Needs to be more explicit to state that spraying will not occur during those times unless inanga spawning surveys show that the spawning area is smaller than initially thought.

Refer to Section 6.4 in this Report, proposed special conditions 27 (Weed control/management) and 30 (Mechanical cleaning of drains).

EIA conditions 11+12: Remove reference to Ngāi Takoto being present during drain cleaning at no cost. The intention is that Ngāi Takoto will be given the opportunity to attend should they wish.

Refer to Section 6.4 in this Report, proposed special conditions 29 (Weed control/management) and 31 (Mechanical cleaning of drains). “The Concessionaire must advise the Grantor 14 days prior to any mechanical cleaning of drains.” This will allow representatives of the Grantor to be present and an opportunity for the Department to consult with Ngāi Takoto.

Photographs provided by District Office staff (July 2016)

Figure 2: Motutangi Stream section. Area of proposed works for track widening.

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Figure 3: Motutangi Stream section. Shows example of proposed track widening distance being approximately 10.5m (pink flag tape amongst pampas).

Figure 4: Confluence of Bacica and Selwyn drains

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4.2.3 Analysis of the effects of the Activity by Hugh Robert (DOC Principal Science Advisor) with proposed methods to avoid, remedy or mitigate adverse effects (Dunedin Service Centre comments in italics)

“There is also potential that the Selwyn drain is acting as a discharge path for groundwater, as it has cut through the hard gumland pan at some locations.

Refer to section 6.4 in this Report, proposed special condition 38 (Culverts) and proposed special conditions 45 (a)(i) & (ii) (Waiver of fees).

At present, there is limited information on the invert levels of the various drain and stream systems where the activity will take place. Having accurate information on invert levels is critical to ensure that over time, the drain maintenance does not result in a deepening of the drain, which will likely increase the quantity of water that flows out of the wetland system.

The altered hydrological regime has therefore led to a decline in the natural character of the wetland, although the total extent of this impact is yet to be quantified.”

Refer to section 6.4 in this Report, proposed special condition 1(e) (prior to establishment of easement facility) and 23-24 (Invert levels for drains and streams).

4.2.4 Dunedin Service Centre Comments It is also appropriate to consider key issues raised in the ministerial referred to in section 4.1 in this Report, summarised below:

“In 2012, new drains were dug or previous drains deepened in connection with swamp kauri mining. This and other issues were pointed out in John M Allen’s report 2012 entitled, ‘Wetland destruction, Motutangi Stream, NZ Watermelon Distributors Ltd Property’, with no action taken by DOC’. FROM F&B

7. The other issues raised under this heading relate to the Motutangi Drainage Scheme managed by the Far North District Council (FNDC) for the purpose of draining land for agriculture and horticulture use.

8. Parts of this drainage scheme run through and utilise PCL including northern areas of the Kaimaumau Scientific Reserve, East Beach Conservation Area, and the Motutangi Stream Marginal Strip.

9. The drainage scheme was developed from the 1930’s (through the now East Beach CA) up until the late 70’s (through the now Kaimaumau SR). At the time the land was unoccupied crown land, however the reserves were gazetted in 1988 and 1984 respectively. The history of the scheme and the issues surrounding its maintenance are well covered in the report titled ‘Options for managing the Kaimaumau wetland, Northland, New Zealand’ by Hicks, Campbell and Atkinson, published in 2001, and referred to in the paper.

10. In 2012 a complaint was received from the Northland Environmental Protection Society (NEPS) accompanied by a report by John Allen & Associates Ltd.

11. In summary the report commissioned by NEPS identified several issues;

• The destruction of wetlands on private land adjacent to the scientific reserve.

• Drain cleaning.

• Spraying along drains killing native vegetation

• Invasion of pasture grasses into the wetland.

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• Stock being able to enter Kaimaumau Scientific Reserve.

12. Investigation into the issues raised found a number of other issues, including private structures (bridges) on PCL.

13. Following further investigation by local DOC staff the following actions have taken place;

• The issues relating to wetland drainage on private land were referred to the Northland Regional Council (NRC).

• Gates into the PCL were either repaired and locked or removed and fenced over.

• Legal advice was sought on the Department’s position relating to the maintenance of public drainage schemes on PCL. The outcome was that under section 3B of the conservation act the scheme needs an easement concession to continue to operate on PCL. (underline added for emphasis)

• Legal advice sought on the Department’s position relating to the presence of private structures on PCL. (Bridges & culverts only were found on PCL, no houses encroach onto the marginal strip.)

• Notification to landowners to remove private structures.

• Advice sought from Planning Team relating to the need for the scheme to have resource consent under section 27 of the Regional Water and Soil plan.

• Advice sought from shared services Fresh Water team on appropriate mitigation measures.

• Liaison with the FNDC, local Drainage Committee, Northland Regional Council, iwi and DOC fresh water team to develop draft Environmental Impact Assessment (EIA) with proposed mitigation measures (including weed control & weirs) to enable the scheme to continue to operate on PCL whilst minimising the on-going impacts upon the reserves values.

• Support FNDC to develop a management plan for the drainage scheme.

• Liaison with FNDC, Drainage Committee and NRC to encourage the development and submission of Resource Consent application for the on-going operation of the drainage scheme.

14. Recognising that this is a historical issue, we (DOC) have continued to enable the FNDC to maintain the drainage scheme through the areas of PCL. (underline added for emphasis)

15. We (DOC) have worked closely with the FNDC to ensure they have all the information required to apply for an easement concession, including drafting EIA. We have also provided them with information to support their application for a Resource Consent. We are currently waiting for the FNDC to apply for this concession and have been informed that they also intend to apply for a Resource Consent before the end of the year. (underline added for emphasis)

16. Actions still requiring completion include;

• Removal of some of the remaining unauthorised bridges (others are to be consented and included in list of council assets for purposes of maintain the drains). It has been agreed that this work will be undertaken by the FNDC once concession process is completed.

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• Grazing concession formalising the grazing of a small (3.5ha) grass area of PCL which occurs on the opposite side of the stream from the reserve & working with concession holder to fence stock from stream.

• Working with landowner to block drains on private land which drain water from PCL.

17. General discussions have also been had around the possibility of the agencies supporting the iwi in applying for funding, such as the Te Mana o Te Wai Fund provided by Ministry for the Environment, to carry out weed control and restoration planting along sections of the Motutangi Marginal Strip to provide habitat and improve water quality.

The outcome was that under section 3B of the conservation act the scheme needs an easement concession to continue to operate on PCL.” (underline added for emphasis)

Significant behind the scenes work has already been carried out on the draft management and operation plan (adopted in this report, in part) to date by the Department and the applicant for the northern drainage area district13 and the majority of the issues raised in this Ministerial have either been resolved and/or specifically referred to in this Report, in particular, the proposed special conditions in section 6.4 in this Report.

4.2.5 Monitoring Conditions: The following information has been provided by Hugh Robertson and Amy MacDonald (DOC Science and Policy freshwater team).

The Department, at its cost, is setting up a national wetland research project to build on our understanding of wetland hydrology at 4 sites, and Kaimaumau wetland has been selected as one of the sites for the study. The first part of the study is installation of water loggers to help us understand water levels over time. We have consent from Northland Regional Council to install 9 loggers at Kaimaumau. Into the future, we are going to look at doing some vegetation plots in the wetland to look at the plant communities and wetland ecosystem functioning. The loggers are programmed to be installed in the week beginning 26 June 2017.

In summary, Hugh Robertson (DOC Principal Science Advisor) recommended that:

1. As part of national research programme, Science & Policy (AK) can cover the costs of the hydrological study and vegetation plots, and there will be no need for the applicant to duplicate this work; 2. Therefore, can remove cost/requirement of this monitoring from the permit; 3. But key aim is to ensure all parties talk to each other with planned management and discuss the monitoring results, in relation to the drain and scientific reserve – to work collaboratively and identify future management needs 4. Therefore, instead, I’d recommend replacing monitoring needs in the DOC permission with a requirement that FNDC (the applicant) convenes an annual meeting with DOC, NRC and Ngāi Takoto to discuss the drainage scheme at Kaimaumau-Motutangi.

For further information refer to email recorded as DOC-3077987.

In review of this report, Hugh Robertson (DOC Principal Science Advisor) also noted that a critical requirement is for a detailed baseline survey of the invert levels of all drains/streams where the activity is proposed. This will help to monitor changes in the depth of the drain over time, and limit adverse effects on the wetland system.

Dunedin Service Centre Comments on Monitoring As a result of the Department funding and carrying out the environmental monitoring, all the previous extensive conditions relating to monitoring that appeared on previous drafts of this Report have been removed along with amendment to the fees in section 6.2 in this Report.

13 Northern Drainage Area – Management and Operation Plan (2014-2024) (Kaikino/Motutangi/Waiharara)

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Even though the environmental monitoring work is being designed, fully funded and implemented by the Department, it is considered that as this work to a degree relates to the applicant’s activity on the Land i.e. monitoring of the wetland water levels and stream flows to quantify impacts the drains are having on the wetland, that the applicant should still make some contribution to the monitoring programme.

Therefore, it is recommended in accordance with recommendation 4 above by the freshwater team that the following condition be incorporated into proposed special condition 45 in section 6.4 of this Report):

The Concessionaire, at its cost, will arrange a venue and co-ordinate an annual meeting to be held in December each year, during the duration of the concession, to:

(i) discuss the results of environmental monitoring with representatives from Far North District Council, Department of Conservation, Northern Regional Council and Ngāi Takoto; and (ii) to identify future potential drain management options, drawing on the results of the environmental monitoring.

It is also recommended that the applicant, at its own cost, complete a detailed baseline survey of all drain/stream invert levels where the proposed activity will occur. This will occur prior to the next drain maintenance, and then at 5 year intervals thereafter. Refer to section 6.4 in this Report, proposed special condition 1(e) (prior to establishment of easement facility) and 23-24 (Invert levels for drains and streams).

4.2.6 Third party comments on the effects of the activity plus methods to avoid, remedy or mitigate

The following parties were contacted in order to obtain their feedback on the application.

(a) Iwi Land adjoining/on the boundary of this scheme has recently been returned to iwi Ngāi Takoto. The Te Hiku Settlement has only recently been passed. No further Treaty Settlement implications are known.

This application required iwi (Ngāi Takoto) consultation, as not only is it a sensitive area, but their landholdings adjoin the East Beach Conservation Area. This has been completed to some extent by the applicant, however, as mentioned in the application form there is no written evidence of this to date.

Te Aupōuri has also been contacted as it is within their area of interest. They advised that they are happy to support Ngāi Takoto’s response.

Contact has been made by the District Office with Ngāi Takoto’s Resource Management representative to ascertain if there are any cultural concerns that have not been addressed:

The email below is the response provided on behalf of Ngāi Takoto: “We have reviewed the concession application for the Motutangi Drainage Area and have the following concerns; • Firstly we believe the concession period is too long given the fact that FNDC and the current Motutangi Drainage committee have been tasked with developing a new management plan for the area that will therefore potentially change the way the proposed activities are undertaken in the future. We suggest that you reduce the concession to no greater than 5 years or until the Motutangi Drainage committee produce a more robust drainage plan that includes Iwi (currently not on the committee) and DOC. • That there is a guarantee that Iwi representatives will be notified upon commencement of the proposed works.

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• The concession is lacking any Maori history of the area however, this would be captured in an updated Drainage Plan mentioned above. Overall we have no major issues with the current concession application apart from what is mentioned above, but, we would like to reiterate that a more robust management plan must be created in order to fully capture what is mentioned in the concession (sections 2.1, 2.2 and 2.3) and our own Iwi aspiration for this area (in connection with DOC) as we manage/own the majority of the land in this ‘Drainage Area’. To quote section 2.2 of this application “Flow estimate calculations taken in Selwyn drain indicate that the proportion of water exiting the reserve in the drain has come from the wetland, not from the farm land above” The lack of information on the hydrology of the area is clear and more work is obviously required to determine the right drainage plan for Motutangi.”

Dunedin Service Centre Comments • Refer to Term discussion in section 6.1 in this Report. • This application is over public conservation lands and waters only i.e. does not include other land e.g. private freehold. • Section 2.2 Hydrology: the environmental monitoring to be designed, funded and implemented by the Department as discussed in section 4.2.5 in this Report, as well as survey of invert levels (Refer to section 6.4 in this Report, proposed special condition 1(e) (prior to establishment of easement facility) and 23-24 (Invert levels for drains and streams) should suffice to form the foundation to make informed decisions on drainage management over the Term of the concession (if granted).

(b) Tehiku Conservation Board Northland Conservation Board have been contacted and provided with application and supporting information. They have advised that they have no concerns but would like to be “kept in the loop”.

A new Conservation Board has been established in Te Hiku, the site is within their area. They are a very newly established Board and have yet to have their first meeting but should probably also be given the opportunity to comment but they are not at operational phase yet.

(c) Heritage As there will be no further significant modifications to the drainage channels and controlled widening of existing access tracks only, inclusion of the Accidental Discovery Protocol (ADP) should suffice with regard to any adverse effects on heritage and cultural values.

4.3 Cumulative Effects Overall, the granting of a concession will result in both positive and negative effects however, it is considered that there will be no significant new effects over and above those already known at the location for this historic activity, and that any potential adverse effects of the activity can be reasonably and practicably avoided, remedied or mitigated by conditions, including through the identification of future potential drain management options which the environmental monitoring discussed in section 4.2.5 in this Report, which will assist in determining the extent of the impact of the drains, and help to identify if there are other practical mitigation options. This will take approximately 5 years to determine.

4.4 Any other relevant information None.

4.5 Analysis of the Proposal - Other Matter to be Considered by the Minister - s17U(4) and s17U(5)

4.5.1 Alternative Locations – s17U(4) As the proposed activity is not a new structure or addition to an existing structure (the drainage has existed at this location since the 1920’s- 1980’s), therefore section s.17U(4) is considered irrelevant to

DOC-2757277 - 26 – Non-notified Concession (Easement): Far North DC Permission number: 49779-OTH Page 27 this application, especially with regard to considering if the activity could reasonably be undertaken in another location.

4.5.2 Appropriateness of Granting an Easement In general, this Report agrees with the approach taken by the applicant that an Easement be granted.

4.6 Analysis of the Proposal – Purpose for Which the Land is Held - Section 17U(3) Section 17U(3) provides that the Minister cannot grant a concession if the proposed activity is either contrary to the Act or to the purposes for which the land is held.

The application affects land held under the Conservation Act 1987 for the following purposes:

1. Kaimaumau Scientific Reserve held as Scientific Reserve under s.21 Reserves Act 1977, and 2. East Beach Conservation Area held as Stewardship Area under s.25 Conservation Act 1987, and 3. Motutangi Stream Marginal Strip held as Fixed Marginal Strip under s.24(3) Conservation Act 1987.

Kaimaumau Scientific Reserve The Kaimaumau Scientific Reserve covers an area of 986ha and is nationally recognised for its outstanding ecological values. It is a large wetland that supports a wide range of habitat types including acidic, infertile fens, bogs and gumlands. These provide habitat for at least 12 Threatened species, 14 At Risk species and four Regionally Significant species (Conning and Holland 2003).

The Kaimaumau Scientific Reserve is the highest ranked peat bog in Northland (Martin et al 2011)14. Peat bogs such as this are one of Northland’s rarest wetland types with less than 2% of their original extent remaining, and they continue to be at risk from development practices.

The waterways flowing through the reserve also hold high values for native fish, notably white bait and eels.

Scientific Reserve (Extract from s.21(1)) “...for the purpose of protecting and preserving in perpetuity for scientific study, research, education, and the benefit of the country, ecological associations, plant or animal communities, types of soil, geomorphological phenomena, and like matters of special interest.”

East Beach Conservation Area The East Beach conservation Area covers two separate areas. The eastern portion is approximately 2100ha and runs along the length of east beach and boarders the Motutangi Marginal Strip on the western boundary. One thousand hectares of this area has been identified in the Deed of Settlement documents between the Crown and Ngāi Takoto iwi, to be returned to Ngāi Takoto following the passing of the legislation.

The western portion of the East Beach Conservation Area is approximately 100ha and is located east of SH1. It is traversed by the Aspin drain.

Stewardship area (s.25) “Every stewardship area shall so be managed that its natural and historic resources are protected.”

Motutangi Marginal Strip The Motutangi Marginal strip runs for approximately 5km from the intersection of the Main Outfall and Motutangi Stream to the Houhora Harbour along the western side of the stream.

14 Martin, T., Beadel, S., Goldwater, N., Rate, S., & Kapa, M., (2011). Ranking of top wetlands in the Stage 4 – Rankings for 304 wetlands. Contract Report No. 2489 Wildland Consultants, Whangarei.

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Marginal Strip (Extract from s.24C) “...for conservation purposes...in relation to the maintenance of waterways...and to enable public access...and for public recreational use of the marginal strip and adjacent watercourses or bodies of water.”

Both sections 21 and 25 therefore refer to the need to “protect”. The term “protection” is defined in section 2(1) of the Conservation Act 1987 as:

“protection, in relation to a resource, means its maintenance, so far as is practicable, in its current state; ...” (underline added for emphasis)

“protection, in relation to a resource, means its maintenance, so far as is practicable, in its current state; but includes— (a) its restoration to some former state; and (b) its augmentation, enhancement, or expansion.”

The interpretation of “protection” in Section 2 of the Act is “protection, in relation to a resource, means its maintenance, so far as is practicable, in its current state; ...” (underline added for emphasis). It also includes scope for restoration, and while there are no current mitigation options able to be implemented, results from monitoring may help to identify practical restoration options.

4.6.1 Assessment of the Purpose for which the Scientific Reserve is held

As noted above, the scientific area has a number of conservation values identified in section 4.7 in this Report. In order to comply with the test laid down by section 17U(3) the granting of a concession must not be contrary to the protection of those values.

In this case the pre-existing activities that would take place within the scientific area are: (a) A right to drain water via pre-existing drainage channels for maintenance purposes pursuant to an easement, and (b) A right of way to pre-existing track access to provide vehicular and foot access pursuant to an easement, and (c) Authority to modify the access tracks in (b) above.

Protecting the values of the scientific area in their “current state” can be understood to mean protecting them as they currently are, namely with drainage channels and track access passing through the area and with human disturbance already evident. Allowing continued access along the pre- existing access-ways (including modifications) to maintain the drainage channels would not amount to a failure to protect the values identified in this Report because the “current state” of those values would continue. Accordingly, it would not be contrary to the purposes for which the land is held to grant an easement for continued vehicular and foot access to maintain the drainage channels. There may also be scope for restoration in the future, but it is premature to impose this restoration requirement into the concession given the current lack of information on practical options.

Accordingly, it would not be contrary to the purposes for which this Scientific Reserve is held if a concession in the form of an Easement was granted to enable the continuation of the activities at the site, subject to conditions.

4.6.2 Assessment of the Purpose for which the Stewardship Land is Held

The legal test in so far as the stewardship land is concerned is whether granting an Easement would fail to protect (so far as is reasonably practicable) the historic and natural resources of the stewardship land.

As stated above, this is a pre-existing activity with proposed additional access track modifications.

Accordingly, it would not be contrary to the purposes for which this stewardship land is held if a concession in the form of an Easement was granted to enable the continuation of the activities at the site, subject to conditions.

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4.6.3 Assessment of the Purpose for which the Marginal Strip Land is Held

The legal test in so far as the marginal strip is concerned is whether granting an Easement would be contrary to the provisions of s.24C. As stated above, this is a pre-existing activity and proposed access track modifications over the marginal strip will be minimal, public access will not be further compromised, and the proposed activity is “in relation to the maintenance of waterways”; a key provision in s.24C. Accordingly, it would not be contrary to the purposes for which this stewardship land is held if a concession in the form of an Easement was granted to enable the continuation of the activities at the site, subject to conditions.

Reserves Act Part 1, s.3 General purpose of this Act contains administrative provisions and s.3(1)(b) states “ensuring, as far as possible, the survival of all...” (underline added for emphasis).

Therefore, the land is held subject to factors ("as far as possible") and after considering the Act, with particular reference to s.3(2) it is considered that the proposed activity is consistent with/is not inconsistent with the purpose for which the land is held, as discussed in relation to current state and restoration in section 4.6.1 in this Report.

4.6.4 Assessment of whether the activities are otherwise contrary to the Conservation Act 1987

Reserves Act 1977 and Conservation Act 1987 There is provision in s.59A of the Reserves Act 1977, where the Minister may, in accordance with Part 3B of the Conservation Act 1987, grant a concession in respect of any reserve vested in the Crown - discussed in detail below.

As already referred to in sections 4.6.1 to 4.6.3 above, Part 1, section 2(1) of the Conservation Act 1987 states:

“conservation means the preservation and protection of natural and historic resources for the purpose of maintaining their intrinsic values, providing for their appreciation and recreational enjoyment by the public, and safeguarding the options of future generations.”

The interpretation of “protection” in Section 2 of the Act is “protection, in relation to a resource, means its maintenance, so far as is practicable, in its current state; ...” (underline added for emphasis).

The mandatory nature of the wording in s.21(1) of the Reserves Act 1977 and Part 1, s.2(1) of the Conservation Act 1987 suggests that the proposed activity may be contrary to the provisions of the Acts. However, the provisions contained within Part 3B of the Conservation Act 1987, in particular s.17U of the Act require the Minister to also consider a number of other matters, including the effects of the proposed activity, the conservation values to be protected, and to question whether the granting of the application, with or without conditions (comprising safeguard and mitigation measures) would provide protection of those resources. This consideration gives effect to the wording in s.59A of the Reserves Act 1977, in particular s.59A(1) “The Minister may, in accordance with Part 3B of the Conservation Act 1987, grant a concession in respect of any reserve vested in the Crown...”, and s.17Q(1) of the Conservation Act 1987 “...the Minister may grant a concession in the form of a lease, licence, permit, or easement in respect of any activity.”

For the purposes of section 17U(3), there are no provisions of the Conservation Act 1987 that would be breached by the granting of an easement.

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4.6.5 Assessment of whether the activities could be undertaken in another location - Section 17U(4)

17U Matters to be considered by Minister…

(4) The Minister shall not grant any application for a concession to build a structure or facility, or to extend or add to an existing structure or facility, where he or she is satisfied that the activity— (a) could reasonably be undertaken in another location that— (i) is outside the conservation area to which the application relates; or (ii) is in another conservation area or in another part of the conservation area to which the application relates, where the potential adverse effects would be significantly less; or (b) could reasonably use an existing structure or facility or the existing structure or facility without the addition.

Dunedin Service Centre Comments The drainage system already exists at this location and it would be both impractical and unreasonable to consider that the activity could be undertaken in another location outside or in another part of the conservation area that this application relates to, or in another conservation area, in the near future.

4.7 Analysis of the Proposal – Consistency with relevant Conservation Management Strategies and Plans – 17W

Where a conservation management strategy or conservation management plan exists for a particular location, a concession can only be granted if doing so is consistent with the management strategy or plan (s17W).

In this case a conservation management strategy does affect the area to which the application relates. The relevant management strategy is the Northland Conservation Management Strategy 2014-2024. The Northland Conservation Management Strategy (“Northland CMS”) is subservient to the Conservation General Policy 2005 in so far as it must implement the general policies set out in the 2005 document and it must not derogate from the general policies. Where a conservation management strategy is silent on an issue reference can be made to the Conservation General Policy for direction.

There is no relevant conservation management plan for the area.

Conservation General Policy (May 2005)(CGP): It is recognised in the CGP that there are a variety of activities undertaken by people and organisations on public conservation lands and waters that require authorisation [Section 11 Activities requiring Specific Authorisation (not covered elsewhere)]. Section 11.3 covers the policy on utilities and states that “utilities may be provided for on public conservation lands and waters where they cannot be reasonably located outside public conservation lands and waters, or if specifically provided for as a purpose for which the place is held.

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Consistency with Relevant Management Strategies and Plans s17W:

Northland Conservation Management Strategy 2014-2024 – extracts in table below

Significant example of a peat bog and wetland15.

One of Northlands most important podzol gumlands occurs at Kaimaumau16.

Priority ecosystems the Department considers nationally important for natural heritage management in Northland on public conservation land include:

• Kaimaumau Scientific Reserve and East Beach Conservation Area (part of), Motutangi/Waihuahua17.

Includes reference to the Objectives in Section 5.1.1 (5.1.1.1 to 5.1.1.14) that advocate engagement, partnerships and a collaborative approach to maintain priority ecosystems.

The location is discussed in the CMS under Parengarena-Aupouri-Kaimaumau-Karikari Place18.

Two of New Zealand’s most outstanding harbour and estuarine habitats are present in this special area...Kaimaumau wetland is the third largest peat bog system in the country, and nearby are several shallow, ephemeral lakes, including Lake Ohia. The wetland’s bed of ancient kauri roots provides an important habitat for a variety of threatened ferns, mosses, orchids, freshwater fish, forest and coastal broadleaf shrubland, and a wide variety of coastal and seabirds.19

Kaimaumau is notable for their high numbers of threatened plants, orchid communities, and the variety of coastal and forest birds they support. Of particular merit is the habitat continuum of sandy beache, consolidated dunes and ephemeral wetlands of peaty gumlands that span the base of Karikari Peninsula at Lake Ohia.20

Contiguous with the Rangaunu and Houhora Harbours are the coastal and wetland habitats of Kaimaumau and Motutangi. This large and complex wetland system has an unbroken area of transition from seawater to freshwater. Its diverse habitats include sandy beaches, small dunes, estuarine peat bogs, semi-fertile swamps and stabilised dunes with native shrublands. These peat bogs and wetlands are a much-depleted habitat type within New Zealand owing to development and modification. The area provides important habitat for a number of threatened and regionally significant species, including weweia/New Zealand dabchick (Poliocephalus rufopectus), matuku/Australasian bittern, pūweto/spotless crake, moho pererū/banded rail, mātātā/fernbird and Northland mudfish.21

The Parengarenga–Aupouri–Kaimaumau–Karikari Place is a tombolo cluster of broad, sandy land-bridges, wetlands, dune lakes and coastal landforms linking an ancient archipelago of islands (including Te Paki, Tohoraha/Mt Camel, Puwheke and Karikari), beneath which lie buried kauri forests. The integrity of the distinctive landforms is protected.22

The vast gumhole-pocketed wetland priority ecosystem unit of Motutangi/Waihuahua (Kaimaumau) is being progressively restored, and fire management enables communities of orchids, wetland plant associations and birdlife to flourish. The natural

15 CMS Part One: 3.4 Diverse and unique freshwater habitats (Page 19). 16 CMS Part One: 3.4 Diverse and unique freshwater habitats (Page 20). 17 CMS Part One: 5.1 The diversity of our natural heritage is maintained and restored (Page 29). 18 CMS Part Two – Places (Pages 46-48). 19 CMS Part Two – Places 7.1 (Page 46). 20 CMS Part Two – Places 7.1 (Page 46). 21 CMS Part Two – Places 7.1 (Page 47). 22 CMS Part Two – Places – Outcome 7.2.1 (Page 48).

DOC-2757277 - 31 – Non-notified Concession (Easement): Far North DC Permission number: 49779-OTH Page 32 dune systems are maintained at East Beach.23

Part Two - Places: Policies 7.2.2 (Page 49)

7.2.2.2 Support community initiatives to investigate international recognition and protection provided by establishing Parengarenga and Rangaunu Harbours and Kaimaumau wetland as wetlands of international importance under the Ramsar Convention.24 (underline added for emphasis)

7.2.2.7 Actively manage water levels, plant pests and fire risk in Lake Ohia and at Kaimaumau to protect wetland habitats by using weirs on public conservation land at Lake Ohia, and liaising with Northland Regional Council and Far North District Council over the Motutangi drainage scheme. (underline added for emphasis)

Part Three - 16.2 - Authorisations (General) (Page 102) Provides for authorisations for utilities such as the proposed activity; being drainage for flood control.

16.3 Vehicles 16.3.1.3 May allow motorised vehicles on public conservation lands and waters for the construction and/or maintenance of utilities, farming operations, the maintenance of visitor facilities, and restoration activities. (underline added for emphasis).

As well as managing lands under its administration, included in the Department’s functions in s.6 of the Conservation Act 1987, s.6(ab) states “to preserve so far as is practicable all indigenous freshwater fisheries, and protect recreational freshwater fisheries and freshwater fish habitats:” and s.6(b) “to advocate and promote the conservation of natural and historic resources generally:” The Department also has responsibility under various other acts (e.g. Wildlife Act 1953) to protect natural and historic resources wherever they happen to be.

Dunedin Service Centre Comments on the Northland CMS The CMS clearly states: • Liaising (close working relationship/collaboration) with the Far North District Council (the applicant) over the Motutangi drainage scheme (section 7.2.2.7); and • allows for authorisations for utilities such as drainage for flood control which this application is primarily for (section 16.2); and • that motorised vehicles may be allowed on public conservation lands and waters for the construction and/or maintenance of utilities (section 16.3.1.3).

Therefore, it is considered that the proposed activities are consistent with the CMS.

Any other relevant information: The Motutangi Drainage Area Committee comprising landowners in the area co-ordinated past maintenance of the drains at this location. These activities are now managed by the applicant.

5.0 Relevant information about the applicant

Convictions on any charge related to the activity applied for or on any conservation related issue: Form 1a, Section C applicant stated “No”.

Past compliance with concession conditions: To the best of the Departments knowledge no issues are known.

Credit check result: Applicant has a current debtor account with the Department.

23 CMS Part Two – Places – Outcome 7.2.1 (Page 48). 24Ramsar (Convention on Wetlands of International Importance especially as Waterfowl Habitat) An intergovernmental treaty, that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources.

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6.0 Proposed operating conditions

Appendix B contains the draft concession document. The concession is broken into distinct parts.

• The first portion of the concession document sets out the operative parts of the easement document; includes the names of the parties; contains their signatures; and provides the background. • The second part of the concession contains Schedule 1. Schedule 1 sets out many of the key terms used elsewhere in the concession. • Schedule 2 contains the standard conditions applied to most concessions. • Schedule 3 contains the special conditions that have been prepared specifically for this application. • Subsequent schedules contain maps or plans depicting the concession area(s), bond agreement, and rights and powers implied in easements.

This portion of the Report considers the content of Schedule 1 of the proposed concession and makes recommendations as to the drafting of some of the key terms.

6.1 Concession Activity:

The concession activity applied for involves the following elements associated with six (6) Council administered drains which form part of the Motutangi Drainage Area, and which traverse parts of the Kaimaumau-Motutangi (Drainage Area) Complex over Kaimaumau Scientific Reserve, East Beach Conservation Area and Motutangi Stream Marginal Strip:

(a) a right to drain water: for the purpose of facilitating the drainage of water within the Kaimaumau-Motutangi (Drainage Area) Complex, to include: (i) the modification of tracks in association with a “rights of entry”; and (ii) vehicular and foot “rights of entry” to enable the repair and maintenance of drainage channels and ancillary infrastructure.

Term: With regard to the contents of this Report it is considered that a 5 year term is appropriate in accordance with s.17Z(3) “An easement may be granted for a term not exceeding 30 years…”

Applicants comments on Term The applicant included in their application (Page 10 of 16): that “The proposed term for this concession is 10 years, as the drains are an integral support function of the surrounding agricultural land, which has been in production since at least the 1920’s.”

Ngāi Takoto comments on Term

“We suggest that you reduce the concession to no greater than 5 years or until the Motutangi Drainage committee produce a more robust drainage plan that includes Iwi (currently not on the committee) and DOC.”

District Office comments on Term made no reference to the length of term requested by the applicant.

Dunedin Service Centre Recommendation on Term A 5 year Term25 is recommended and considered appropriate. While the robust conditions in this concession may justify the 10 year period sought, and given that the Department is going to implement

25 s.17ZAA of the Conservation Act 1987 “Concession may continue after application for a new concession.”

DOC-2757277 - 33 – Non-notified Concession (Easement): Far North DC Permission number: 49779-OTH Page 34 a significant environmental monitoring programme at this location (refer to section 4.2.5 in this Report) which relies on hydrological monitoring of a continuous activity over a 3-5 year period, this may provide results that inform the effects of the activity and once data is collected, and reviewed, we may be in a position to identify further mitigation options. Reviewing the concession conditions at 5 years is therefore recommended and is also consistent with the concerns raised by Ngāi Takoto in section 4.2.6(a) in this Report, in which a Term no greater than 5 years was put forward, and a request for planned management of the drainage into the future.

6.2 Fees:

17Y Rents, fees, and royalties

(1) It shall be a condition of the Minister's granting a concession under this Part that the person or body to whom the concession is granted—

(a) shall pay any specified rents, fees, and royalties to the Minister; and (b) shall pay any other levy or charge made on an occupier or owner of land, as a result of the grant of a lease, licence, or easement, either to the Minister or as directed by the Minister.

(2) The rent, fee, or royalty may be fixed at the market value, having regard to—

(a) any circumstances relating to the nature of the activity; and (b) the effects of the activity on the purposes of the area affected; and (c) any contractual conditions, covenants, or other encumbrances placed upon intrinsic resources, natural resources, or historic resources by the concession.

(3) Rent, fees, and royalties for a concession shall be reviewed at intervals not exceeding 3 years.

6.2.1 Concession Activity Fees Section 17Y enables the Minister to require the concessionaire to pay any specified rents, fees or royalties and also any levies or charges imposed on an occupier of land. In setting the rent, fee or royalty the Minister may set the amount according to market value. Section 17Y (2) also requires that regard shall be had to:

(a) Any circumstances relating to the nature of the activity; (b) The effects of the activity on the purposes of the area affected; and (c) Any contractual conditions, covenants or other encumbrances placed upon intrinsic resources, natural resources, or historic resources by the concession.

In assessing the appropriateness of the concession activity fees consideration has also been given to the following documents:

• Reference: Concession Activity Fee Pricing Book – Pricing Manual (recorded as DOC- 1326222). Includes reference to: TelferYoung (Hawkes Bay) Ltd Val Ref 472/225 dated 26 July 2005 (Mike Penrose – valuer); and • Department of Conservation – Easement Concession Fees (recorded as OLDDM-565444) – in particular Section 5.0 Specific Easement Methodology, Market Evidence and Observations.

It is recommended that the market value be assessed at the upper end of the various minor easement values in Section 5.0 Department of Conservation – Easement Concession Fees (recorded as OLDDM- 565444) (being approximately $250-$500 per annum plus GST) with a CPI increase applied to the TelferYoung Ltd 2005 figure i.e. $500.00 + CPI increase = $625.00 per annum plus GST.

Refer to waiver of fees section 6.2.3 in this Report

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6.2.2 Concession Management Fee The Management Fee represents a fee to recover administrative costs of managing the concession during its term. The management fee covers matters such as responding to general enquiries about the concession, invoicing, reviews and the like.

Section 59 of the Setting of Concession Fees SOP guidance document DOCDM-596529 recommends the following standard Management Fee components:

(i) Basic rate $150 per annum + GST (ii) Review activity fee/rent $100 per annum + GST (iii) Processing activity return $150 -$200 per annum + GST (iv) Processing recovery of rates $100 per annum + GST

Items (i) & (ii) are relevant in this case.

Refer to waiver of fees section 6.2.3 in this Report

6.2.3 Waiver of Activity and Management Fees

To consider a waiver or reduction in fees under Section 17X(f) the applicant would need to satisfy the criteria stated in 17X(f)(i)-(iv).

17X Power of Minister to impose and enforce conditions In granting any concession, the Minister may impose such conditions as he or she considers appropriate for the activity, structure, or facility, including (but not limited to) conditions relating to or providing for- (f) the waiver or reduction of any rent, compensation or bond where - (i) the concessionaire makes any contribution to the management of the lands or the public interest in those lands; or (ii) there is any other non-commercial public benefit from the activity; or (iii) any circumstances of the concession justify such waiver or reduction; or (iv) the costs of setting and collecting the rent exceed any rent which may be collected:

With the inclusion of the special condition referred to in section 4.2.5 in this Report it can be concluded that:

The Concessionaire, at its cost, will arrange a venue and co-ordinate an annual meeting to be held in December each year, during the duration of the concession, to:

(i) discuss the results of environmental monitoring with representatives from Far North District Council, Department of Conservation, Northern Regional Council and Ngāi Takoto; and (ii) to identify future potential drain management options, drawing on the results of the environmental monitoring.

It is considered that the applicant will fulfil the criteria for a waiver of the concession fee pursuant to s.17X(f)(i), as the applicant will:

• make a contribution to the management of the lands and the public interest in those lands by arranging the venue and co-ordinating an annual meeting with interested parties to discuss the results of the monitoring programme.

Accordingly, it is recommended that:

(i) the market value Concession Activity Fee be $625.00 per annum plus GST pursuant to s.17Y and waived pursuant to s.17X(f)(i) subject to proposed special condition 45 in section 6.4 in this Report.

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(ii) the market value Concession Management Fee be $250.00 per annum plus GST pursuant to s.17Y, and waived pursuant to s.17X(f)(i) subject to proposed special condition 45 in section 6.4 in this Report.

6.2.4 Environmental Monitoring Contribution Fee The original estimate of environmental monitoring costs was determined from the Wildlands report commissioned by the Department26 as summarised in Table 3. It was considered at the time by the Department that the bulk of the monitoring could be carried out using a combination of in-house expertise, external contractors and assistance from community groups to minimise the cost of monitoring to the applicant.

Now that the Department is fully funding, designing and undertaking the monitoring programme outlined in section 4.2.5 in this Report, it is recommended that no environmental monitoring contribution fee be charged to the applicant. It is also recommended that the Wildlands fee for preparing the original report be absorbed by the Department, as this would have formed the foundation for the design of the Department’s monitoring programme.

Table 3: Summary of Estimated Costs of Environmental Monitoring (Wildlands Report)

Description Year 1 Year 3 Year 6 Year 9 Totals (Excl GST) (Excl GST) (Excl GST) (Excl GST) (Excl GST) Travel to and from site, $3,021.60 $3,021.60 $3,021.60 $3,021.60 $12,086.40 project set up Set up and measurement of $4,818.00 $4,818.00 $4,818.00 $4,818.00 $19,272.00 two transects (eight plots) Monitoring and reporting $3,747.50 $3,747.50 $3,747.50 $3,747.50 $14,990.00 Totals $11,587.10 $11,587.10 $11,587.10 $11,587.10 $46,348.40

Additional annual costs: DOC costs to install piezometers and to collect water level data for supply to external consultant for analysis purposes - 1 person every 6 months for 1 day - approximately $500 per annum + GST.

6.3 Bond

The Conservation Act 1987 states that: 17X Power of Minister to impose and enforce conditions (e) the provision by the concessionaire of bonds— (i) to cover any costs incurred by the Minister in carrying out work that the concessionaire has failed to carry out and that was required by the concession document to be carried out; or (ii) to mitigate any adverse effects arising from but not authorised by the concession or not reasonably foreseen at the time the concession was granted:

In general, when considering if a bond is appropriate and should be imposed we need to consider the following possible risk factors to the Department:

1. the assurances we need relating to financial issues 2. the applicant becoming unable or unwilling to meet/comply with contractual obligations 3. the removal of infrastructure and rehabilitation of the subject land in the event of insolvency or concession expiry 4. the applicant unwilling to mitigate any adverse effects arising from, but not authorised by, the concession or resulting adverse effect not reasonably foreseen at the time the concession was granted.

It is considered that the risk factor for this application is low to medium as:

26 Vegetation Monitoring at the Kaimaumau Wetland, Northland prepared for the Department of Conservation, Kaitaia by Wildland Consultants Limited” recorded as DOC-2825579

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• the establishment of the facility relating to the modification of the track access is of a short- term duration, and • the Department will be actively monitoring the establishment phase, ongoing use of the Easement Land and designing and implementing an environmental monitoring programme; and • a professional contractor will be carrying out any proposed access track widening (if a concession is granted); and • adverse effects have been identified and addressed by the Department, and therefore the risk of there being major unforeseen adverse effects is considered to be low.

If a concession is granted, and a bond required, the Department would require the applicant to enter into a formal process with an independent professional bond/surety assessment firm to assess and calculate an appropriate bond/surety amount. The Department would participate in this exercise and the parties would need to agree to an appropriate bond amount.

6.3.1 Dunedin Service Centre comments on imposition of bond It is recommended that a bond is not imposed pursuant to s.17X(e) as: • the applicant is a local authority; • the majority of the proposed activity is retrospective in nature, and • the Department will be carrying out an extensive environmental monitoring programme as detailed in section 4.2.5 in this Report.

6.4 Summary of special conditions as listed in effects assessment above:

Note: Reference to Schedules are in accordance with standard Concession (Easement) Document in Appendix B recorded as DOC-2708889.

ESTABLISHMENT OF THE MODIFIED (WIDENED) TRACKS FOR “RIGHTS OF ENTRY”

Prior to establishment of the Easement Facility 1. The Concessionaire, at its cost, must provide a work programme to establish the Easement facility to the Department of Conservation, Operations Manager, Kaitaia Office (“Operations Manager, Kaitaia Office”) before any work can proceed. The Operations Manager, Kaitaia Office may request plans e.g. terrain (cross-sectional) plan(s), drawings, diagrams and/or specifications, scope of work and an assessment of its potential effects (and any other information required) for consideration for approval and the Operations Manager, Kaitaia Office (at its entire discretion) may require changes to be made to any submitted material. The information to be provided is to include, but is not limited to:

(a) Expected commencement and completion dates of any such works; (b) Contactors to be used; (c) Construction methods and standards; (d) Schematic plan/cross sectional plan showing the final route and proposed maximum width of the widened access tracks on the Land; (e) The Concessionaire, at its cost, must complete a detailed baseline survey of all drain and stream invert levels where the proposed activity will occur prior to establishment work commencing, and a copy of this survey must be forwarded to the Operations Manager, Kaitaia Office. (f) Estimation of the cubic (m3) of soil/material to be excavated to widen the access tracks; (g) Estimation of the cubic (m3) of soil/material to be deposited on the Land (if any), and the estimated cubic (m3) and location of deposits of soil/material on the Land resulting from access track widening; (h) Any revegetation, remediation or reinstatement measures to be performed by the Concessionaire and required by the Operations Manager, Kaitaia Office to the Land; (i) Analysis of proposed works against district and regional plans; (j) Details of resource consents.

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2. Works must not commence until the Operations Manager, Kaitaia Office has given written approval for works to proceed.

3. The Concessionaire must ensure that only contractors with a demonstrated ability in carrying out earth excavation work in wetland areas to be used.

4. Any vegetation (including native vegetation) removal and soil disturbance necessary to carry out the concession activity must be kept to a minimum.

5. The Operations Manager, Kaitaia Office may inspect the site during the approved works to assess compliance with the concession conditions.

Accidental Discovery Protocol

6. The Concessionaire must take all reasonable care to avoid any archaeological values on the Land which includes (but is not limited to) historic sites and protected New Zealand objects on the Land. In the event that archaeological sites or other features with heritage values are found during any approved earth disturbance work on the Land:

(a) Work must cease immediately until further notice and advice must be sought from the Operations Manager, Kaitaia Office; (b) If it is an archaeological site as defined by the Heritage New Zealand Pouhere Taonga Act 2014 then Heritage New Zealand must be contacted and their advice also sought; (c) If it is an archaeological site relating to Māori activity then the Papatipu Rūnanga must be contacted and their advice sought; (d) If it is an artefact as defined by the Protected Objects Act then the Ministry for Culture and Heritage must be notified within 28 days; (e) If it is human remains the NZ Police should also be notified; (f) In the event of cessation of approved work because of discovery of potential historical artefact or archaeological site the Concessionaire must not recommence work until permitted to do so by the Operations Manager, Kaitaia Office.

7. The Concessionaire must advise the Operations Manager, Kaitaia Office when all work to establish the Easement Facility has been completed.

Other consents, approvals and assessments

8. Further to clauses 13.1(b) and 13.1(c) in Schedule 2: (a) before any approved works are carried out the Concessionaire must also consult with and obtain any required consents, approvals and assessments from other agencies. This includes (but is not limited to) geotechnical, engineering, district and regional resource consents, and building consents; and (b) the Concessionaire, at its cost, must provide copies of any consent relevant to the activity on the Land to the Operations Manager, Kaitaia Office if requested.

Public safety 9. The Concessionaire must take reasonable care to manage the concession activity on the Easement Land to ensure that users of conservation land are not adversely hindered while maintaining a safe work site.

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Fuels, hazardous materials, chemicals and waste 10. Any waste or rubbish must be disposed of in an approved manner off the Land at a Council approved site. Waste held on the Land prior to its removal must be stored in a manner so as to ensure it does not become a contaminant or is not blown by wind or present a potential hazard to wildlife.

11. At the completion of any approved works programme, the Concessionaire must remove all construction related waste and fill from the Land and dispose at a resource recovery centre, Council landfill or other authorised facility.

12. The Concessionaire must ensure that all site personnel are trained in hazardous material, waste and fuel handling and spill contingency and emergency procedures.

13. The Concessionaire must ensure that all vehicles, machinery, and hazardous materials including paints, fuels and other chemicals are stored off the Land, including the provision of any spill cleanup kits used to contain and/or absorb all hazardous substances used in the concession activity.

14. Machinery and equipment used in the activity must be maintained at all times to prevent leakage of oil and other contaminants on the Easement Land.

15. If practicable, the refuelling or servicing of vehicles/machinery is to be carried out off the Land.

16. In the event of any hazardous substance spill the Concessionaire must: (a) Take all practicable measures to stop the flow of the substances and prevent further contamination onto the land or water; (b) Immediately contain, collect and remove the hazardous substances and any contaminated material, and dispose of all such material in an appropriate manner / authorised facility; (c) Notify the Operations Manager, Kaitaia Office as soon as practicable; (d) Undertake any remedial action to restore any damage to the land; and (e) Take all measures to prevent any reoccurrence.

Fish passage

17. Fish passage must be maintained at all times.

Management of riparian areas

18. The Concessionaire must adhere to the Northland Regional Council’s Clean Stream best practice guidelines.

Freshwater pests

19. The Concessionaire must comply and ensure its clients comply with the Ministry for Primary Industry (MPI)’s “Check, Clean, Dry” cleaning methods to prevent the spread of didymo (Didymosphenia geminata) and other freshwater pests when moving between waterways. “Check, Clean, Dry” cleaning methods can be found at - http://www.biosecurity.govt.nz/cleaning. The Concessionaire must regularly check this website and update their precautions accordingly.

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Track access

20. The Concessionaire must use best endeavours to conform to the approved track access routes as shown in the map in Schedule 427. Any deviation or variance from the approved route requires the prior written consent of the Operations Manager, Kaitaia Office.

Fences and gates

21. Any costs associated with the modification, repair and maintenance of fences and gates to enable vehicular access is to be at the Concessionaire’s cost.

22. The Concessionaire must keep gates locked at all times and provide the Grantor with a key.

Invert levels for drains and streams

23. Further to clause 1(e) in Schedule 3, the Concessionaire, at its cost, must complete a detailed survey of all drain and stream invert levels on a 5 yearly basis from the date the baseline survey was completed in clause 1(e), and provide the Operations Manager, Kaitaia with the survey data within of 1 month of the survey being completed.

24. There is to be no deepening of drains involving earth disturbance.

Gravel and materials

25. The Concessionaire must ensure that all gravel and other materials used in undertaking the Concession Activity are from an ant, plague skinks and weed free source.

Machinery and equipment

26. The Concessionaire must ensure that all machinery, tools and equipment used in undertaking the Concession Activity is steamed cleaned and are ant, plague skinks and weed free prior to being taken onto the Easement Land.

Weed control/management

In drain

27. Spraying of weeds must not occur during the period February to June to protect spawning fish and August to November to protect fresh water fish migrating.

On track and drain margins

28. The Concessionaire must develop and implement an on-going weed management programme, in consultation with the Operations Manager, Kaitaia Office that keeps the Easement Land free from introduced weeds including those distances i.e. 5 metres or 10 metres either side of tracks and drains as shown on the map in Schedule 428.

29. The Concessionaire must advise the Operations Manager, Kaitaia Office in writing at least 14 days prior to any weed control work occurring so that Departmental staff can be present.

27 See Appendix A 28 See Appendix A.

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Mechanical cleaning of drains

30. Mechanical cleaning of weeds must not occur during the period February to June to protect spawning fish.

31. The Concessionaire must advise the Operations Manager, Kaitaia Office in writing at least 14 days prior to any mechanical cleaning of drains occurring so that Departmental staff can be present.

32. Machine cleaning must only be carried out below water level to ensure that only deposited silt and aquatic vegetation is removed.

33. High threat aquatic weeds (alligator weed, hornwort) will be sprayed prior to removal with machinery.

34. The Concessionaire must ensure that areas infested with high threat weeds (alligator weed, hornwort) are cleaned last to avoid weeds being transported throughout the waterway.

Disposal of drain cleanings

35. All aquatic weeds from drain cleanings (castings) can be deposited and spread on tracks to ensure weeds do not spread into nearby wetland areas.

36. Silt from drain cleanings must be placed so that the minimum clear distance between the point of deposition and the edge of the drain is 5.0 metres.

37. Drain cleanings must be disposed of in such a way that they do not impede the overland flow of storm-water runoff from adjoining land into the drains, or the future machine cleaning of the drains.

Culverts

38. The culvert associated with the access track to the Selwyn drain located within public conservation land at approximate coordinates NZTM 2000 1616244E, 6140940N described as being approximately 5 metres long and 300mm in diameter is to be removed by the Concessionaire, at its cost, in consultation with the Operations Manager, Kaitaia Office, and not replaced.

39. The only approved culvert is within the cuts to lands end drain.

40. No other culverts are to be constructed without the prior written approval of the Operations Manager, Kaitaia Office.

General

41. No alterations or changes to the alignment of the concession activity on the Easement Land involving earth disturbance will be undertaken without consent in writing from the Operations Manager, Kaitaia Office. The Operations Manager, Kaitaia Office may inspect the site during any such approved work(s).

42. The Concessionaire must take reasonable and proper care not to damage any property of the Grantor, or any property of authorised Concessionaires, and must promptly repair any such damage at its cost.

43. The Concessionaire must reinstate the Easement Land to the same or better condition it was before any approved works commence and maintain it in a tidy condition to the satisfaction of the Operations Manager, Kaitaia Office.

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Compliance

44. The Grantor may recover from the Concessionaire on a cost-recovery basis for the reasonable costs of and associated with any site visits to confirm the Concessionaire’s compliance with the concession conditions. The rates will be charged at the Department’s standard charge-out rates for staff time and the mileage rates for vehicle use.

Waiver of Fees

45. The Grantor agrees to waive the Concession Activity Fee and Concession Management Fee as described in Item 6 of Schedule 1 pursuant to s.17X(f)(i) of the Conservation Act 1987, subject to the Concessionaire contributing to the environmental management of the Land. This contribution is defined as:

(a) The Concessionaire, at its cost, will arrange a venue and co-ordinate an annual meeting to:

(i) discuss the results of environmental monitoring with representatives from Far North District Council, Department of Conservation, Northern Regional Council and Ngāi Takoto; and (ii) to identify future potential drain management options, drawing on the results of the environmental monitoring.

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7.0 Applicant’s comments on draft report

A draft copy of this report was forwarded to the applicant for comment on 14 September 2016.

In a letter from the applicant’s external lawyer Graham Day (Law North Lawyers) dated 3 November 2016 it was suggested that an existing right situation exists and that no concession would be required (recorded as DOC-3077972).

Ongoing Correspondence between Susan Woodhouse (DOC Solicitor), Graham Day (Law North Lawyers acting on behalf of FNDC) and Michael Sauter (Legal Services Officer, FNDC) culminating in the following email from Susan Woodhouse to the applicant dated 16 December 2016 (recorded as DOC-3077976).

“Thanks Michael (Sauter) for that further clarification however it doesn’t solve the question I had because like the Local Government Act 1974 (section 195), the Counties Act 1920 (refer section 219) did not bind the Crown so although the district may have been lawfully created it did not mean that the drains built on Crown land were “vested” in Council creating “existing interests”.

A local authority’s ability to carry out or to require such works to be carried out is dependent on statutory power.

Therefore, because there is no clear evidence that those drains on the Crown land (now reserves or marginal strips) are subject to existing interests, the Council must obtain the Ministers approval to carry out the works they wish to do. I refer you to both the Land Drainage Act 1908 (section 88) and the Soil Conservation and River Control Act 1941 (sections 169, 170) both still operative. Thus, it is quite clear a local authority cannot in the absence of an approval from the Minister rely on either of those acts in relations to such works. The approval is by way of a concession.

As I am sure that it will be an enormous job for the Council to find the evidence (historically) (given there are various parcels of land with drains on them, some which will undoubtedly not have existing interests, and if indeed you can find satisfactory evidence that some do) to support the argument that there are “existing interests” to exempt them from needing a concession (s170 Conservation Act) the most logical way forward would be to complete the process of getting concessions granted for the activities. Otherwise I fear that the Council will need to spend a great deal of resource attempting to work its way towards proving the existing interests which to date has not been supported in your application.

I am happy to discuss this further with your legal counsel if it would expedite the issue more efficiently.”

Dunedin Service Centre Comment As no evidence has been forthcoming from the applicant to provide evidence of an existing interest (see discussion above), and now that the Department is designing, funding and carrying out the environmental monitoring (refer section 4.2.5 and 6.2 in this Report) and recommending the waiving of any Concession Activity Fee and Management Fee (refer section 6.2.3 in this Report), it is considered that the applicant will confirm that it is okay to proceed with this application for a concession.

Accordingly, the applicant was forwarded an amended copy of this Report on ….

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8.0 Summary and Conclusions

It is considered that the proposed activity is not contrary to the purpose for which the land is held nor with other provisions of the Act (s.17U3), and is consistent with the Northland CMS (s.17W(1)).

This is an ecosystem of national significance and the adverse effects of the proposed activity on conservation values such as biodiversity is deemed to be high, and the effect on historic, social and amenity values is considered to be relatively minor.

The Minister should be satisfied that it would be impractical to relocate the existing infrastructure. As long as the existing drainage system remains as it is as a result of work carried out in the 1920’s – 1980’s and that no additional infrastructure is added, other than the widening of access tracks for better accessibility of vehicles and machinery.

Accordingly, the Minister should be satisfied that there appears to be no reason not to grant a concession to the applicant for the proposed activity. Any adverse effects on conservation values such as biodiversity, historic, social and amenity values resulting from the activity are well understood at this location due to the history of the local authorities (and predecessors) involvement in drainage activities at this location and can be avoided, remedied or mitigated by conditions.

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9.0 Recommendations to decision maker

Pursuant to the delegation dated 8 September 2015 / 9 September 2015 it is recommended that the Operations Manager:

1. Deem this application to be complete in terms of s17S of the Conservation Act 1987; and

2. Agree that is not considered appropriate to give public notice of the intention to grant the permit; and

3. Approve the granting of a Non-notified Easement concession to Far North District Council subject to the standard concession contract; and the special conditions identified in this report.

______Name: Kelvin Brown Permissions Advisor

Date:

Recommendation:

1. Approved / Declined

2. Agree / Disagree

3. Approved / Declined

If the recommendation is declined please discuss here why this is so:

Signed:______David Neho Operations Manager, Kaitaia Office Northern North Island Region

Date:

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Appendix A: Map of proposed easement activity

Page 46 DOC-2757277 Non-notified Concession (Easement): Far North DC Permission number: 49779-OTH Page 47

Appendix B: Draft Concession Document (Easement) for reference purposes only

recorded as DOC-2708889

Page 47 DOC-2757277

Item: 3.2 Meeting: Motutangi Drainage Area Committee - 22 March 2018 Name of item: Motutangi Drainage Area update for the year ending 30 June 2018 Author: Troy Smith - Graduate Engineer Date of report: 22 March 2018 Document number: A2002589

Purpose of the report To notify the Drainage Area Committee of progress on all Drainage aspects; Planning, financing and physical works, for the financial year ending 30 June 2018. Executive summary This is an overview of the work Council does in planning, financing and physical works on behalf of the Drainage Committee. Recommendation That the Motutangi Drainage Area Committee: a) Note and forward this report to the Te Hiku Community Board to advise of progress.

1) Background The Motutangi Drainage Area Committee was formally established at the 26 February 2015 meeting of the group previously known as the Northern Advisory Drainage Committee. Prior to the formal establishment of the Motutangi Drainage Area Committee and the Waiharara and Kaikino Drainage Areas Committee there were meetings of a group known as the Northern Advisory Drainage Committee. In the previous Committee meeting held in September 2017, the summer work programme was agreed upon. Please find an updated version of the programme with current expenditure below:

Completed Work:

Spraying of drains during late Spring / early Summer $9,522

Machine cleaning during early Summer $6,998

Purchase of a debris net for use during cleaning $680

2 ~1600 diametre culvert replacements in the Bryan drain $5,239

Total $22,439

Document number A2002589 Page 1 of 8

Remaining Work & Allowances:

Experimental spraying of Motutangi Stream (In progress) $986

Spraying of the Main Outfall drain through the Harvey $1,000 property

Helicopter spraying of the inaccessible Aspin drain $1,500

Mulching of the access tracks along the Motutangi Stream $3,200 and the Kaimaumau Scientific Reserve

Spraying adjacent to the Motutangi Stream access track and through the Kaimaumau Scientific Reserve due to the $750 vegetation growth

Install a culvert, access track, gate and strainers at the $2,500 Harvey/Harrington boundary on the Aspin Drain

Install a culvert, access track, gate and strainers at the $2,500 Harvey/Bryan boundary on the Beazley Drain

Install a gate and strainers at the Bryan/Blucher boundary on $500 the Bryan Drain

A culverted access track is required at Bede’s property on $3,000 the Selwyn Drain

Department of Conservation Concession Agreement Fee $1,540 (one off fee)

Contingency fee $3,000

Machine cleaning Autumn $4,500

Total $24,976

2) Discussion points There are several points which require work and discussion. 2.1 Current Projects Motutangi stream stockpile relocation During 2015/16 a number of contractors were shown through the Motutangi Stream stockpile relocation area and any questions that they raised were addressed at the time. In each case they were advised that there was no survey of quantities available and that they had to make their best estimate of what they considered it would take to complete the works, as we wanted a fixed price.

Document number A2002589 Page 2 of 8

They were also advised that we are awaiting the Department of Conservation Concession Agreement and at this juncture had no idea whether there would be any additional works imposed as a result of the Concession Agreement. In each case they were advised that the running track could be elevated (where appropriate) and levelled in order to reduce the quantum of material to be moved. They were also advised that any dumpsites would be identified by the Department of Conservation (DOC) before works commenced. Subsequently we had received three quotes and the quote received from Far North Roading was used in updating the cost projection for the 2016/17 financial year. This has not been revalued since. For the time being this has been delayed further and put into Motutangi Drainage Area’s 2018/19 budget. An allowance of $29,000 has been included, this has been slightly increased from the original price of $24,840 to allow for inflation over time.

2.2 General maintenance Proposed process change: Committee members able to organise agreed work Council will support the Drainage Committee members managing some aspects of agreed work. This proposed change does not aim to relieve Council of responsibility; it does however enable Committee members to organise and supervise approved work. General maintenance aspects such as spraying, mulching and cleaning will in most cases still be organised by Council. This change is primarily in regard to irregular activities / access improvements which have been previously approved. Once work has been organised and priced, Council will provide a claim / purchase order number to the contractor and / or material supplier, (within 1 month of the Committee meeting if required).

Spraying Spraying of the Motutangi drains was completed over the months of December and January. The spraying contractor did identify a need for additional spraying of the Aspin drain along the Harvey property, this has been estimated to cost $1,000. A section of the Aspin drain that is inaccessible also requires spraying, this is within a DOC reserve. It has been estimated that helicopter spraying of this section will cost ~ $1,500. If an area has Alligator weed issues, the current spray will have little effect on it. For cases that greatly affect the water flow machine cleaning maybe required otherwise the below may be appropriate: An EPA “Permission for Use of Substances” & Northland Regional Council consent is required specific to the areas to be sprayed, for the correct type of spray. The spray used has to be applied with considerable forethought as it can affect crop growth, for some distance downstream.

Machine cleaning The Motutangi stream outlet requires 2 cleans a year, the first is generally by a long reach digger and the second by a shorter reach digger (as this machine is quicker

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and therefore cheaper). This year the initial clean was completed with a medium reach digger at a cost of $6,998 which cleaned from the drain intersection and downstream as far as was required. The total length cleaned will vary depending on the weather conditions and growth. To help evaluate the effect of using a medium reach digger along the Motutangi Outlet Stream, the far bank was sprayed with an extended spray gun during a recent very low tide, at a cost of $986. There is a remaining budget of $4,500 allocated for an autumn clean along with a $3,000 contingency allowance. A complete review of these and any other areas which may require machine cleaning shall be investigated in conjunction with the spraying contractor to identify the location of any significant siltation and / or vegetation mats which will require removal.

Accessibility Issues & maintenance The spraying contractor identified a need for access track widening along the ‘Cut to Lands End’ drain. There is minimal room for the spraying truck to drive through and at points can get quite dangerous. To date, no major breaches of the following conditions covered by the Far North District Council Land Drainage Bylaw 2009 have been identified: i) Obstructions which interfere with the access for plant or machinery to and along the drainage channel or parts thereof and within 10 m of the drain, Clause 3.1. ii) Grazing stock which is not excluded from the drainage channel, Clause 5.7. iii) Damage caused to the drainage channel due to stock accessing the drainage channel for water, Clause 11.1. iv) Obstructions to flow within the drainage channel due to excessive vegetation material. A notice was sent to all property owners reminding them of the requirements that they must comply with the Drainage Bylaw and in particular the above issues.

2.3 Motutangi Drainage Area Management Plan / DOC Concession Agreement There have been some minor changes made to the Management Plans in line with what was agreed upon in March 2017. The Management Plans were then approved by the Te Hiku Community Board in May 2017. After consultation and earlier discussions between Council and DOC, a Concession agreement has been drafted which Council has amended and we ask for the Committee’s input on this document. For further information on this please refer to item 3.1 in which Council asks for the Committee’s input. The concession agreement conditions are then attached to the item. Once the concession management plan is approved by the members, Council and DOC, the next step is to have the complete document reviewed by the Northland Regional Council. This is required under section 27.3 Rules for Drainage and River

Document number A2002589 Page 4 of 8

Control Activities - Discretionary Activities, of the Regional Water and Soil Plan for Northland.

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2.4 Drainage Area Mapping Late 2017, Council began using GIS (Geographic Information System) or mapping tools to log the location of the Drainage Area Drains electronically. The aim of this project is to put together a relatively accurate database of the drain width, depth, grade and location. Once gathered, the information will be added as a new layer in the Far North District Council’s online maps which are available to the public. To date the entire Kaikino Drainage Area has been mapped and while it is not yet available online, a printed version of the map is attached and labelled as 3.1a. The other Drainage Areas, Waiharara, Kaitaia and Motutangi, are planned for mapping this year.

Repeated Note: Land owners adjacent to all drains need to be aware of the influence of Department Of Conservation (DOC) and the discharge of silt downstream. To continue to operate these drainage schemes, the movement of silt needs to be minimised. The most practical solution is to batter the banks back at the time of machine drain cleaning. This will progressively stop virtually, all bank erosion and most of the silt movement. This will also minimise cost. This will require fences to be moved back from the edge of drains to allow the battering of the drain banks. Different soils require different batter angles but as a guideline the angles will be between 30 to 40 degrees. Once battered the banks will no longer be sprayed at all, with only machine trimming being carried out. The spraying will be confined to weed growth in the centre and any un-battered sections of the drains. Any mats will be removed by machine without cutting into the bank batters, using a weed rake wherever possible. By using this method and drain shape, DOC and Northland Regional Council involvement will be minimised and the long term future of the drains maintained. A good reference is the NRC publication “2014-Managing-your-drains-v2”.

Reason for the recommendation To notify the Committee and Community Board of the proposed and/or completed works and their associated costs. Work programme to be completed by 30 June 2018.

Document number A2002589 Page 6 of 8

3) Financial implications and budgetary provision A summary of the expected 2017/18 financial year is as follows:

Motutangi Budget 2016-17 Residual funds (reserve funds available) $30,295 2017 Opening Balance (rated income) $36,841 2017-18 Expenditure to date $22,439 2017-18 Additional Expenditure $24,976 2017-18 Closing Reserve Balance $19,721

Manager: Steve Little, 3 Waters Operations Manager, Infrastructure and Asset Management Attachment 1: Kaikino Drainage Area GIS Map - Document number A2001722

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Compliance schedule: Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular: 1. A Local authority must, in the course of the decision-making process, a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and b) Assess the options in terms of their advantages and disadvantages; and c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga. 2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement Staff assessment

State the level of significance (high or A low to medium significance. low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

State the relevant Council policies Policy #4302 - Northland River (external or internal), legislation, and/or Management Policy. community outcomes (as stated in the Policy #2104-14 Procuring Goods and LTP) that relate to this decision. Services.

State whether this issue or proposal has This report seeks a recommendation a District wide relevance and, if not, the from the Committee to the Te Hiku ways in which the appropriate Community Community Board. Board’s views have been sought.

State the possible implications for Māori Ngai Takoto Iwi is included in the and how Māori have been provided with development of the management plan for an opportunity to contribute to decision the districts drainage areas. making if this decision is significant and relates to land and/or any body of water.

Identify persons likely to be affected by or The purpose of the Committee is to liaise have an interest in the matter, and how with persons likely to be affected. you have given consideration to their views or preferences.

State the financial implications and where Financial implications are to be budgetary provisions have been made to considered by the committee and support this decision. budgetary provision is made.

Chief Financial Officer review. The Chief Financial Officer has not reviewed this report

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Item: 3.3 Meeting: Motutangi Drainage Area Committee – 22 March 2018 Name of item: Motutangi Drainage Area works programme for the year ending 30 June 2019 Author: Troy Smith – Graduate Engineer Date of report: 22 March 2018 Document number: A2002590

Purpose of the report To provide the Motutangi Drainage Area Committee with an outline of the proposed works and costs for the 2018/19 financial year. Executive summary Over the 2018/19 financial year, the Far North District Council wishes to complete a selection of drainage area works. This is an overview of the work planned and our current budget for the year. Recommendation That the Motutangi Drainage Area Committee: a) Recommend the reviewed 2018/19 work programme to the Te Hiku Community Board for approval.

1) Background The Motutangi Drainage Area Committee was formally established at the 26 February 2015 meeting of the group previously known as the Northern Advisory Drainage Committee. The works programme for the 2018/19 financial year was discussed at the previous Motutangi Drainage Area Committee Meeting on 11 September 2017. Through various conversations and onsite meetings with the spraying contractors, members of the public and Committee members, a list of required works has been put together. The list of required works is based on the assumption that the work programme for 2017/18 is completed as planned. It is also due to change in line with any additional work agreed upon in the DOC Concession Agreement.

2) Discussion points Within the Motutangi Area, there are several points which require work. This section details the work currently programmed and it is intended that the 2018/19 work programme is reviewed and changed accordingly. Further review of the programme can be done during the following Drainage Area Committee Meeting held in September 2018, if required.

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2.1 Proposed work programme Work is to be completed before 30 June 2019, with the spraying programme to start during late 2018: Spraying of the drains during late Spring, and in the Autumn as $12,037 needed Machine cleaning (late Spring / early Summer, extensive $11,000) $8,000 Machine cleaning Outlet Autumn $4,500 Aspin drain cleaning (if very dry conditions in Summer) $2,000 Machine cleaning other areas $2,500 Access track mulching $3,000 Northland Regional Council Fee $500 Motutangi stream stockpile relocation $29,000 Contingency fee $3,000

Total $64,537

2.2 Proposed projects Motutangi stream stockpile relocation During 2015/16 a number of contractors were shown through the Motutangi Stream stockpile relocation area and any questions that they raised were addressed at the time. In each case they were advised that there was no survey of quantities available and that they had to make their best estimate of what they considered it would take to complete the works, as we wanted a fixed price. They were also advised that we are awaiting the Department of Conservation Concession Agreement and at this juncture had no idea whether there would be any additional works imposed as a result of the Concession Agreement. In each case they were advised that the running track could be elevated (where appropriate) and levelled in order to reduce the quantum of material to be moved. They were also advised that any dumpsites would be identified by the Department of Conservation (DOC) before works commenced. Subsequently we had received three quotes and the quote received from Far North Roading was used in updating the cost projection for the 2016/17 financial year. This has not been officially revalued since; although an extra allowance has been added in the schedule to make the estimated cost more realistic.

2.3 General maintenance Spraying Spraying of the Motutangi Area is to be completed during late Spring / early Summer, 2018/19. Any additional spraying will be included as a contingency.

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If an area has Alligator weed issues, the current spray will have little effect on it. For cases that greatly affect the water flow machine cleaning maybe required otherwise the below may be appropriate: An EPA “Permission for Use of Substances” & Northland Regional Council consent is required specific to the areas to be sprayed, for the correct type of spray. The spray used has to be applied with considerable forethought as it can affect crop growth, for some distance downstream.

Machine cleaning Over the 2018/19 year, the Motutangi Area shall be investigated in conjunction with the spraying contractor to identify the location of any significant siltation and / or vegetation mats which will require removal. If the weather is suitably dry, the section of Aspin drain through conservation land will need to be cleaned. An allowance of $2,000 has been scheduled for this. In the past, the Motutangi stream outlet requires 2 cleans a year, the first is generally by a long reach digger and the second by a shorter reach digger (as this machine is quicker and therefore cheaper). The work programme’s cleaning costs are based off of this. The total length cleaned will vary depending on the weather conditions and growth. A machine cleaning allowance of $17,000 has been included in the 2018/19 year.

Accessibility Issues & maintenance Access track mulching is required along several drains, an allowance of $3,000 has been scheduled.

The spraying contractor has been requested to identify the location of any of the following issues which are covered by the Far North District Council Land Drainage Bylaw 2009: i) Obstructions which interfere with the access for plant or machinery to and along the drainage channel or parts thereof and within 10 m of the drain, Clause 3.1. ii) Grazing stock which is not excluded from the drainage channel, Clause 5.7. iii) Damage caused to the drainage channel due to stock accessing the drainage channel for water, Clause 11.1. iv) Obstructions to flow within the drainage channel due to excessive vegetation material.

A notice was sent to all property owners reminding them of the requirements that they must comply with the Drainage Bylaw and in particular the above issues.

Note: Land owners adjacent to all drains need to be aware of the influence of Department of Conservation (DOC) and the discharge of silt downstream. To continue to operate these drainage schemes, the movement of silt needs to be minimised.

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The most practical solution is to batter the banks back at the time of machine drain cleaning. This will progressively stop virtually all bank erosion and most of the silt movement. This will also minimise cost. This will require fences to be moved back from the edge of drains to allow the battering of the drain banks. Different soils require different batter angles but as a guideline the angles will be between 30 to 40 degrees. Once battered the banks will no longer be sprayed at all, only machine trimming being carried out. The spraying will be confined to weed growth in the centre, un-battered section of the drains. Any mats will be removed by machine without cutting into the bank batters, using a weed rake wherever possible. By using this method and drain shape, DOC and NRC involvement will be minimised and the long term future of the drains maintained. A good reference is the NRC publication “2014-Managing-your-drains-v2”.

Reason for the recommendation To confirm the expected works and their associated costs to be completed by 30 June 2019.

3) Financial implications and budgetary provision A summary of the expected 2018/19 financial year is as follows: Please note the rated income has been lifted in order to keep the budget positive with the current work schedule. It is intended to have the rated income or work schedule or both adjusted by the Motutangi Drainage Area Committee.

Motutangi Budget 2017-18 Residual funds (reserve funds available) $19,721 2018 Opening Balance (rated income) $46,000 2018-19 Proposed Expenditure $64,537 2018-19 Closing Reserve Balance $1,184

Manager: Steve Little, 3 Waters Operations Manager, Infrastructure and Asset Management

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Compliance schedule: Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular: 1. A Local authority must, in the course of the decision-making process, a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and b) Assess the options in terms of their advantages and disadvantages; and c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga. 2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement Staff assessment

State the level of significance (high or A low to medium significance. low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

State the relevant Council policies Policy #4302 - Northland River (external or internal), legislation, and/or Management Policy. community outcomes (as stated in the Policy #2104-14 Procuring Goods and LTP) that relate to this decision. Services.

State whether this issue or proposal has This report seeks a recommendation a District wide relevance and, if not, the from the Committee to the Te Hiku ways in which the appropriate Community Community Board. Board’s views have been sought.

State the possible implications for Māori Ngai Takoto Iwi is included in the and how Māori have been provided with development of the management plan for an opportunity to contribute to decision the districts drainage areas. making if this decision is significant and relates to land and/or any body of water.

Identify persons likely to be affected by or The purpose of the Committee is to liaise have an interest in the matter, and how with persons likely to be affected. you have given consideration to their views or preferences.

State the financial implications and where Financial implications are to be budgetary provisions have been made to considered by the committee and support this decision. budgetary provision is made.

Chief Financial Officer review. The Chief Financial Officer has reviewed this report

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Item: 3.4 Meeting: Motutangi Drainage Area Committee – 22 March 2018 Name of item: Motutangi Drainage Area works programme for the year ending 30 June 2020 Author: Troy Smith – Graduate Engineer Date of report: 22 March 2018 Document number: A2002591

Purpose of the report To provide the Motutangi Drainage Area Committee with an outline of the proposed works and costs for the 2019/20 financial year. Executive summary Over the 2019/20 financial year, the Far North District Council wishes to complete a selection of drainage area works. This is an overview of the work planned and our current budget for the year. Recommendation That the Motutangi Drainage Area Committee: a) Recommend the reviewed 2019/20 work programme to the Te Hiku Community Board for approval.

1) Background The Motutangi Drainage Area Committee was formally established at the 26 February 2015 meeting of the group previously known as the Northern Advisory Drainage Committee. The works programme for the 2019/20 financial year has been estimated from previous costs. The list of required works is based on the assumption that the work programme for 2017/18 and 2018/19 are completed as planned. It is also due to change in line with any additional work agreed upon in the DOC Concession Agreement.

2) Discussion points Within the Motutangi Area, there are several points which require work. This section details the work currently programmed and it is intended that the 2019/20 work programme is reviewed and changed accordingly. Further review of the programme must be done during the following Drainage Area Committee Meeting held in September 2018 and over the next financial year. This is due to the highly estimated nature of the work programme.

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2.1 Proposed work programme Work is to be completed before 30 June 2020, with the spraying programme to start during late 2019:

Spraying of the drains during early Spring, and in the Autumn as $12,037 needed Machine cleaning (late Spring / early Summer, extensive $11,000) $8,000 Machine cleaning Outlet Autumn $4,500 Machine cleaning other areas $2,500 Access track mulching $2,000 Northland Regional Council Fee $500 Contingency fee $3,000

Total $32,537

2.2 General maintenance Spraying Spraying of the Motutangi Area is to be completed during late Spring / early Summer 2019/20. Any additional spraying will be included as a contingency. If an area has Alligator weed issues, the current spray will have little effect on it. For cases that greatly affect the water flow machine cleaning maybe required otherwise the below may be appropriate: An EPA “Permission for Use of Substances” & Northland Regional Council consent is required specific to the areas to be sprayed, for the correct type of spray. The spray used has to be applied with considerable forethought as it can affect crop growth, for some distance downstream.

Machine cleaning Over the 2018/19 year, the Motutangi Area shall be investigated in conjunction with the spraying contractor to identify the location of any significant siltation and / or vegetation mats which will require removal. There is no planned cleaning scheduled, below is a review of what’s been completed recently. In the past, the Motutangi stream outlet requires 2 cleans a year, the first is generally by a long reach digger and the second by a shorter reach digger (as this machine is quicker and therefore cheaper). The work programme’s cleaning costs are based off of this. The total length cleaned will vary depending on the weather conditions and growth. A machine cleaning allowance of $15,000 has been included in the 2019/20 year.

Accessibility Issues & maintenance Access track mulching is required along several drains, an allowance of $2,000 has been scheduled.

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The spraying contractor has been requested to identify the location of any of the following issues which are covered by the Far North District Council Land Drainage Bylaw 2009: i) Obstructions which interfere with the access for plant or machinery to and along the drainage channel or parts thereof and within 10 m of the drain, Clause 3.1. ii) Grazing stock which is not excluded from the drainage channel, Clause 5.7. iii) Damage caused to the drainage channel due to stock accessing the drainage channel for water, Clause 11.1. iv) Obstructions to flow within the drainage channel due to excessive vegetation material.

A notice was sent to all property owners reminding them of the requirements that they must comply with the Drainage Bylaw and in particular the above issues.

Required access track maintenance or new works can be allowed for under the $3,000 contingency if agreed by the Committee.

Note: Land owners adjacent to all drains need to be aware of the influence of Department of Conservation (DOC) and the discharge of silt downstream. To continue to operate these drainage schemes, the movement of silt needs to be minimised. The most practical solution is to batter the banks back at the time of machine drain cleaning. This will progressively stop virtually all bank erosion and most of the silt movement. This will also minimise cost. This will require fences to be moved back from the edge of drains to allow the battering of the drain banks. Different soils require different batter angles but as a guideline the angles will be between 30 to 40 degrees. Once battered the banks will no longer be sprayed at all, only machine trimming being carried out. The spraying will be confined to weed growth in the centre, un-battered section of the drains. Any mats will be removed by machine without cutting into the bank batters, using a weed rake wherever possible. By using this method and drain shape, DOC and NRC involvement will be minimised and the long term future of the drains maintained. A good reference is the NRC publication “2014-Managing-your-drains-v2”.

Reason for the recommendation To confirm the expected works and their associated costs to be completed by 30 June 2020.

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3) Financial implications and budgetary provision A summary of the expected 2019/20 financial year is as follows:

Motutangi Budget 2018-19 Residual funds (reserve funds available) $1,184 2019 Opening Balance (rated income) $36,000 2019-20 Proposed Expenditure $32,537 2019-20 Closing Reserve Balance $4,647

Manager: Steve Little, 3 Waters Operations Manager, Infrastructure and Asset Management

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Compliance schedule: Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular: 1. A Local authority must, in the course of the decision-making process, a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and b) Assess the options in terms of their advantages and disadvantages; and c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga. 2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement Staff assessment

State the level of significance (high or A low to medium significance. low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

State the relevant Council policies Policy #4302 - Northland River (external or internal), legislation, and/or Management Policy. community outcomes (as stated in the Policy #2104-14 Procuring Goods and LTP) that relate to this decision. Services.

State whether this issue or proposal has This report seeks a recommendation a District wide relevance and, if not, the from the Committee to the Te Hiku ways in which the appropriate Community Community Board. Board’s views have been sought.

State the possible implications for Māori Ngai Takoto Iwi is included in the and how Māori have been provided with development of the management plan for an opportunity to contribute to decision the districts drainage areas. making if this decision is significant and relates to land and/or any body of water.

Identify persons likely to be affected by or The purpose of the Committee is to liaise have an interest in the matter, and how with persons likely to be affected. you have given consideration to their views or preferences.

State the financial implications and where Financial implications are to be budgetary provisions have been made to considered by the committee and support this decision. budgetary provision is made.

Chief Financial Officer review. The Chief Financial Officer has reviewed this report

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