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Wild and Scenic River Conservation in New Zealand

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Wild and Scenic River Conservation in New Zealand WILD AND SCENIC RIVER CONSERVATION IN NEW ZEALAND A thesis submitted in part 1 fulfilment of the requirements for the Degree of Master of Science in Geography in the University of Canterbury by C.D.C. OLDHAM -;:::: UNIVERSITY OF CANTERBURY 1989 TABLE OF CONTENTS PAGE CHAPTER List of Figures i List of Tables i Acknowledgerrents ii Abstract iii ONE INTRODUCTION 1 Genesis of the Policy 2 Characteristics of the System 5 International Comparisons 9 Aims of this Thesis 11 TWO RIVERS AND THE CONSERVATION MOVEMENT IN NEW ZEALAND 14 Conservation: What is it? 14 River Conservation in New Zealand and the role of the Conservation Movement 18 What is the Conservation Movement? 18 The Conservation Movement in New Zealand 22 Conserving the Rivers 36 Summary 37 THREE THE GENESIS OF THE WILD AND SCENIC RIVERS POLICY 39 Why the 1970s? 39 A Wild and Scenic Rivers Policy for New Zealand? 46 International Comparisons 61 FOUR THE WILD AND SCENIC RIVERS POLICY IN OPERATION 68 The Conservation Order Procedure 68 The Best policy for New Zealand? 75 1985 - A New policy? 84 Summary 88 FIVE THE MOTU AND RAKAIA RIVERS: SETTING THE PRECEDENTS OR ILLUSTRATING THE DEFICIENCIES 90 The Motu River 90 The Rakaia River 100 Summary: Setting the precedents or Illustrating the Deficienc~es 105 SIX WILD AND SCENIC DESIGNATION: IS IT NEEDED? 108 The Extent of the Wild and Scenic Rivers policy 108 The Threats to Wild and Scenic Rivers III Conclusion: The Wild and Scenic Rivers policy: Do we need it? 118 BIBLIOGRAPHY '122 LIsr OF FIGURES FIGURE PAGE 1.1 Application Process for water Conservation Orders 6 2.1 The Conservation Continuum 17 2.2 The Conservation Movement pyramid 21 2.3. The Conservation Era Curve 34 2.4. Conservation Eras in the New Zealand Conservation Movement 35 4.1 The Conservation Order Procedure (pre 1986)', 69 5.1 The Motu River 91 5.2 Land Tenure surrounding the Motu River 96 5.3 The Motu River: possible Dam sites 99 6.1 Rivers in the Designation Process llO 6.2 Rivers listed with Hydro Electric Potential 115 6.3 Rivers in the 1984 National Inventory of Wild and Scenic Rivers 119 LIST OF TABLES 2.1 The Development of the Concerns of the New Zealand Conservation Movement 33 There are many people without whose assistance and tolerance this thesis would have been impossible to write and to whcm I would like to extend my gratitude. Firstly, my supervisor, Dr Eric Pawson, whose ccmments and guidance / while not always in the most polite language, were much appreciated and without them this thesis would have been much harder to write (and probably much longer!). Cheer up, Eric, its allover now! Thanks, too. to my fellow thesis students, in particular Parnell and 800 Yuen with whcm I shared an office and who had to put up with my strenuous noises and gnashing of teeth when things weren't progressing well. The fact that nothing more fatal than darts (not the paper variety) were thrown at me over the ~ears merely illustrates their enourmous patience! It was a ccmfort to know that these ladies. and gentlemen were also undergoing the same process and that I was not the only one failing to meet deadlines and undertaking endless redrafts. Criticisms and ccmments from Gary and Kieth as well as PhD. students Russell and Margaret were also much appreciated. A collective thank you must go to the various departments, organisations, companies, groups and societies that took time to answer my letters and give interviews. It obvious to say that this work could nor. have been completed without their help, just as it couldn I t have been finished without the help of April who spent endless hours typing, even during the time she was on strike fran her job! On a more personal level I have to thank all my other friends who have had to put up with increasingly bad tempers as October drew near / but who still showed interest and made encouraging noises. Finally an enourmous grovelling thank you to my family for allowing - ii - me to still live at hane and for keeping out of the way when the books etc. flew and for understanding that writing a thesis generates a lot of mess! ABSTRA.cr This thesis aims to critically evaluate New Zealand's wild and scenic rivers policy, a policy introduced in 1981, after extensive research including an examination of a slinilar policy in the united states. Under the New Zealand policy, water conservation orders can be placed on rivers to protect outstanding wild, scenic or recreational characteristics of those waterbodies. This thesis does not set Qut to prove or disprove a particular hypothesis, but does have several specific goals. The development of the conservation movement in New Zealand is outlined as a background to the introduction of the policy. As part of this, definitions of both 'conservation' and the 'conservation . movement' are given. The place of river conservation in this development also discussed. The context of the introduction of the policy is also examined, illustrating that many other Government policies of the period were development oriented. The actual policy itself is examined, with particular reference to the methods by which it works and the deficiencies it is seen to have. Possible ways by which the deficiencies can be remedied are also discussed. To illustrate these points as they relate to particular rivers, two individual case studies are examined, of the Motu and Rakaia Rivers, both of which are now protected by National Water Conservation Orders. Finally, in conclusion it is discussed as to what it is that .are perceived as the threats to rivers fran which they are being protected, whether these threats are real and whether, if so, they are increasing or declining in significance. Fran this it is discussed whether or not New Zealand actually needs such a policy. - iii - INI'RODUCTICN On the 23rd of October 1981, a landmark in water conservation in New Zealand occurred with the passage of the Water and Soil Conservation Amendment Act. This act, often referred to as the "wild and scenic rivers legislation', introduced a to protect rivers, lakes, streams or parts thereof because of outstanding wild, scenic, recreational or other natural characteristics. The wild and scenic rivers policy, as established by the act, allows for water conservation orders to be placed on rivers and lakes. These orders restrict the types of develoJ?l11E'!nt permitted, wi thout necessarily prohibiting all of it. For example, a minimum flow can be established by a conservation order to protect fisheries or white water qualities, with all surplus water exceeding that amount being available for irrigation needs. Orders can be in the form of either National Water Conservation Orders or Local Water Conservation Notices. A National Order is granted for rivers considered (by the relevant Minister) to have outstanding characteristics of national importance. Such orders are now ITIClde by the Minister for the Environment, after a lengthy process of hearings, and legalised by an Order-in-Council. However, up to 1986, the Minister of Works and Development was responsible for conservation orders. National orders are binding on the Crown, thus prohibiting even development projects by Goverrunent Departments on protected waterways. The key term, here, is "outstanding". In order to receive national protection, applicants must prove to the Minister that the characteristics for which the river is being protected are - 1 - outstanding (i.e. almost unique and of superb quality). Such orders can be revoked by the same process by which they were granted. Local Water Conservation Notices (LWCN) are granted for rivers whose characteristics are considered to be of local rather than national importance, and are therefore not considered to be outstanding on a national scale. Local Notices are granted by the relevant regional water board, and can also be revoked by it. Such notices are not binding on the Crown. They prevent private industries and landowners from developing the waterbody, but governmental bodies can still undertake works on a river protected by an LWCN. The decision whether an application for a conservation order should be processed as national or local is made by the Minister. Applicants merely apply for the "making of a water conservation order in respect of the X river" [Acclimatisation Societies, 1987:1]. If it is decided that. a National order is warranted, the Minister will appoint a tribunal to conduct a public hearing to hear evidence from all concerned parties. If a local notice is required, the Minister will pass the application to the relevant water board. Thus New Zealand's wild and scenic rivers system is one whereby water conservation orders can be placed on rivers, streams, lakes or parts thereof in order to protect them as far as possible in their natural or present state. GENESIS OF THE POLICY The wild and scenic rivers legislation was passed as an amendment to the 1967 Water and Soil Conservation Act. However, it is unique amongst amendments as it contains its own object clause, making it· similar to an independent act rather than an amendment. It is - 2 - obviously meant to be considered separately from the principle act. The object is stated as "to recognise and sustain the amenity afforded by waters in their natural state" and to "ensure the preservation and protection of the wild, scenic and other natural characteristics of rivers, streams and lakes". This does not correlate with the object of the 1967 Act which was to "make better provision for the allocation, use and quality of natural water" or to promote the multiple use of' water.
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