SAR 04-83-03-83 DOCDM-2845010

29 July 2016

Southland Water and Land Plan Southland Regional Council Private Bag 90116 INVERCARGILL 9840

Attention: Anita Dawe

Dear Anita,

PROPOSED SOUTHLAND WATER AND LAND PLAN 3 June 2016

Please find enclosed the submission by the Director-General of Conservation in respect of the proposed Southland Land and Water Plan 2016. The submission identifies the Director- General’s concerns.

Please contact Ken Murray in the first instance if you wish to discuss any of the matters raised in this submission (03 3713759 [email protected]).

Yours sincerely

Tony Preston Operations Manager Murihiku

Department of Conservation Te Papa Atawhai DOC-2845010 Christchurch Shared Services Private Bag 4715, Christchurch Mail Centre, Christchurch 8140, www.doc.govt.nz

RESOURCE MANAGEMENT ACT 1991

SUBMISSION ON PROPOSED SOUTHLAND WATER AND LAND PLAN 2016

TO: Southland Regional Council

SUBMISSION ON: Proposed Southland water and Land Plan 2016

NAME: Director-General of Conservation

ADDRESS: RMA Shared Services Department of Conservation Private Bag 4715 Christchurch Mail Centre 8140 Attn: Ken Murray

STATEMENT OF SUBMISSION BY THE DIRECTOR-GENERAL OF THE DEPARTMENT OF CONSERVATION

Pursuant to clause 6 of the First Schedule of the Resource Management Act 1991 (RMA), I, Tony Preston, Operations Manager Murihiku, Department of Conservation acting upon delegation from the Director-General of the Department of Conservation, make the following submission in respect of the Proposed Southland Water and Land Plan to the Southland Regional Council.

1. This is a submission on the Proposed Southland Water and Land Plan.

2. The specific provisions of the Proposed Plan that my submission relates to are set out in Attachments 1 to this submission. The decisions sought in this submission are required to ensure that the Proposed Southland Water and Land Plan: a. Gives effect to the New Zealand Coastal Policy Statement 2010 and the National Policy Statement for Freshwater Management 2014. b. Promotes the sustainable management of natural and physical resources in particular the protection of the significant natural resources of Southland. c. Recognises and provides for the matters of national importance listed in section 6 of the Act and to have particular regard to the other matters in section 7 of the Act. d. Gives effect to the decisions of the Environment Court on the Proposed Southland Regional Policy Statement. e. The changes sought are necessary, appropriate and sound resource management practice.

3. I seek the following decision from the Council:

3.1 That the particular provisions of Proposed Southland Water and Land Plan that I support, as identified in Attachment 1, are retained.

3.2 That the amendments, additions and deletions to Proposed Southland Water and Land Plan sought in Attachments 1 are made.

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3.3 Further, consequential or alternative relief to like effect to that sought in 3.1 – 3.2 above.

4. I wish to be heard in support of my submission and if others make a similar submission, I will not consider presenting a joint case with them at the hearing.

Tony Preston Operations Manager Murihiku

Pursuant to delegated authority From Lou Sanson Director-General of Conservation

Date: 29 July 2016

Note: A copy of the Instrument of Delegation may be inspected at the Director-General’s office at Conservation House, Whare Kaupapa Atawhai, 18/32 Manners Street, 6011.

2 ATTACHMENT 1:

PROPOSED SOUTHLAND WATER AND LAND PLAN SUBMISSION BY THE DIRECTOR-GENERAL OF CONSERVATION

The specific provisions that my submission relates to are set out in Attachment 1. My submissions are set out immediately following these headings, together with the reason and the decision I seek from the Council. The decision that has been requested may suggest new or revised wording for identified sections of the proposed plan. This wording is intended to be helpful but alternative wording of like effect may be equally acceptable. Text quoted from Proposed Southland Water and Land Plan is shown in Italics. The wording of decisions sought shows new text as underlined and original text to be deleted as strikethrough. Unless specified in each submission point my reasons for supporting are that the policies are consistent with the purposes and principles of the Resource Management Act 1991 (RMA).

PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT GENERAL Whole of Plan All At present, the proposed RPS is still subject to Amend the proposed Southland Water and Land Plan appeals in the Environment Court. (pSWLP) to give effect to the Southland Regional Policy Statement once each chapter has been determined by the Environment Court. Section 1 INTRODUCTION Page 13 New Provision Approximately 57% of Southland is managed by the Include a new section of the Plan after Water Statutory Context of Department of Conservation. The values of these Conservation Orders including the following: Plan areas include the pristine water quality of Te Wähipounamu South West New Zealand World Other Management Plans and Strategies Heritage Area. Approximately 57% of Southland is managed by the Under s66(2)(c) RMA Council shall have regard to Department of Conservation. Activities on these lands management plans and strategies prepared under and waters are also managed under plans and strategies other Acts. These include the Fiordland National Park made pursuant to the National Parks Act 1980, the Management Plan, Rakiura National Park Conservation Act 1987 and the Reserves Act 1977: Management Plan and Stewart Island Rakiura Fiordland National Park Management Plan, Rakiura Conservation Management Strategy, Mainland National Park Management Plan and Stewart Island Southland West Conservation Management Rakiura Conservation Management Strategy, and a Strategy. A Southland Murihiku Conservation Southland Murihiku Conservation Management Strategy. Management Strategy has been approved but will be A significant part of South West New Zealand is operative on 1 September 2016. recognised as being internationally significant as part of 3 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Te Wähipounamu South West New Zealand World Heritage Area. This area is recognised among other matters for its pristine water quality. Page 14 Issues Support in part. Retain Issues Water Quality with the following Issues Water Quality The sensitive water bodies include lagoons such as amendments to the second paragraph: Waituna and Te Waewae and coastal lakes such as Southland’s main catchments end with while George. smaller catchments can have lagoons and lakes which In Te Anau Basin there are lakes (such as Thomas) or are all particularly sensitive to nutrient and sediment parts of lakes (Lower Waiau Arm of ) loads. which are sensitive to nutrients and sediment enrichment. Page 14-15 Issues Support. Retain Water Quantity Surface Water and Groundwater Issues Water Quantity The issues as outlined accurately reflect the Issues as notified. Southland situation. Page 15 Issues Support in part. Retain Issues Soil Resources as notified with the Soil Resources Two issues are missing, loss of soil and soil following new sentence added: compaction, through inappropriate land use. Inappropriate use of land can result in soil erosion or soil compaction.

Page 16 River and Lake Beds Support in part. Retain Issues River and Lake Beds as notified with the Issues Southland’s river beds have nationally significant following new sentence added after the first sentence in braided river bird values in particular the major the first paragraph: habitat of the nationally critical black billed gull and ...and food gathering. Southland’s braided river beds are nationally endangered black fronted tern and a nationally significant habitat for braided river birds, nationally vulnerable banded dotterel. These species being a national stronghold for the threatened black require bare gravel bars for successful roosting and billed gull and important for the threatened black nesting. fronted tern and banded dotterel.

Page 16-17 Indigenous biodiversity Support in part. Retain Issues Indigenous biodiversity as notified with the Issues The term “ecological services” is used. To be following amendments: consistent with the proposed Regional Policy In the first paragraph amend the third sentence to read: Statement (pRPS) the term ecosystem services ...and provision of ecological ecosystem services should be used and its definition from the RPS including protection of soil, reduction of flood peaks and included in this plan. Furthermore, the importance of the maintenance of stream flow during droughts. the ecosystem services should be highlighted including protection of soil, reduction of flood flow peaks and the maintenance low flows.

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PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Physiographic Zones Page 18-21 All of the Support in part. Amend the physiographic units to reflect the Council’s science as outlined in Physiographic The concept of physiographic zones is strongly Physiographics of Southland Part 3 and other relevant Council science. In particular Zone supported. However it is essential the descriptions it is essential to take into account the existing water quality data and trends and Descriptions of the physiographic pathways reflect the Council’s whether the water quality breaches or will breach in future this plans water quality and Policies science. Secondly within these physiographic zones objectives and standards. It is also essential to take into account the actual and there are small areas with significant transport potential effects of water quality degradation on values of Southland’s waterbodies pathways for contaminants that can result in and estuaries. significant losses of contaminants to a sensitive Include provisions in this plan that manages the intensification of land use to reduce aquifer with existing high nitrates levels or to a the losses of contaminants to waterbodies including groundwater and to coastal sensitive water bodies which are phosphorous water. limited in the freshwater phase or have cumulative effects on coastal waters in particular on the estuaries of Southland. Page 18 Alpine Support in part. Retain the description of the Alpine Physiographic Zone as notified and add: The inclusion of overland flow as a key transport Lateral drainage within the soils can transport nutrients in solution to the nearest pathway for contaminants is strongly supported. water bodies. At present most of these waters have very low nutrients and helps There is a second key transport pathway of lateral maintain the health of Southland’s alpine sourced rivers. With intensification of drainage. This pathway transports nutrients in land use these waters will contain more nutrients. This lateral drainage can also, on solution. The water, discharged in springs and steep slopes, act as a lubricated layer to facilitate mass movement of soil such as seeps during dry periods helps maintain the base slumps. flow for Southland’s rivers. This low nutrient water is essential to maintain the health of Southland’s Key transport pathway for contaminants: alpine sourced rivers during low flow periods. Retain as notified and add the following: Lateral drainage above an impermeable layer can  Lateral drainage – with intensification of land use, nitrogen and also act as a plane for slumps and other mass phosphorous is discharged to streams. movement of soil.  Mass movement of soil including slumps and other soil erosion with sediment discharge to streams. Page 18 Central Plains Support in part. Retain the description of the Central Plains Physiographic Zone as notified and add: The inclusion of artificial drainage and deep Natural bypass flow occurs when the clay soil has cracks. These cracks occur when drainage as key transport pathways for the soil has a low moisture content. These soil cracks allow the passage of nutrients contaminants is strongly supported. and microbes into the underlying groundwater or into artificial drainage. There is a third transport pathway of natural Key transport pathway for contaminants: bypass flow. This pathway occurs during dry Retain as notified and add the following: periods when the clay rich soils crack. These cracks  Natural bypass flows – nitrogen, phosphorous and microbes to allow the transport of nutrients and microbes into groundwater. the underlying groundwater. Given that parts of

5 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT aquifers such as Central Plains are close to or exceed the drinking water standard for nitrates, it is essential that all key transport pathways are managed. Page 18-19 Gleyed Support in part. Retain the description of the Gleyed Physiographic Zone as notified and add: The key flow path of artificial drainage is identified Deep drainage can also occur in podsol soils in this physiographic unit. This is a and supported. significant transport pathway for phosphorous. In lakes and lagoons phosphorous On podsol soils for example in the Waituna can be a limiting nutrient for algal growth. Catchment there is the key flow pathway of Key transport pathway for contaminants: phosphorous to deep drainage. Management of Retain as notified and add the following: the phosphorous pathway is essential for the Deep drainage in podsols – phosphorous health of water bodies such as Waituna Lagoon. Page 19 Bedrock/Hill Support in part. Retain the description of the Bedrock/ Hill Country Physiographic Zone as notified Country The key transport pathways of overland flow and and add: artificial drainage have been identified. Deep drainage can also occur where fine textured soils overlie more permeable aquifers or where steams directly recharge an aquifer. These are potentially Deep drainage to aquifers has not been identified significant transport pathways for nitrogen. as a transport pathway for nitrogen. Potential Key transport pathway for contaminants: examples include the streams flowing from hill Retain as notified and add the following: country which recharge aquifers such as in the Five Deep drainage – nitrogen Rivers and Te Anau Groundwater Management Zones. Page 19 Lignite/Marin Support in part. Retain the description of the Lignite Bedrock/ Hill Country Physiographic Zone as e Terraces The key transport pathways of overland flow and notified and add: artificial drainage have been identified. Deep drainage can also occur where fine textured soils overlie more permeable aquifers. These are potentially significant transport pathways for nitrogen. Deep drainage to aquifers has not been identified Key transport pathway for contaminants: as a transport pathway for nitrogen. An example of Retain as notified and add the following: an is the old Mataura River flood plain west of the Deep drainage – nitrogen Mataura River between Gore and to South of Mataura where Mataura River gravels overlies the lignite measures. Page 19 -20 Old Mataura Support. Retain the description of the Old Mataura Physiographic Zone and Key Transport The key transport pathway of deep drainage has Pathways of contaminants as notified. been identified. Page 20 Oxidising Support. Retain the description of the Oxidising Physiographic Zone and Key Transport The key transport pathways of deep drainage, Pathways of contaminants as notified. overland flow and artificial drainage have been identified. 6 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Page 20 Peat Support. Retain the description of the Peat Wetlands Physiographic Zone and Key Transport The key transport pathways of deep drainage, Pathways of contaminants as notified. overland flow and artificial drainage have been identified. Page 21 Riverine Support. Retain the description of the Riverine Physiographic Zone and Key Transport The key transport pathways of deep drainage and Pathways of contaminants as notified. overland flow have been identified. REGION- WIDE OBJECTIVES Page 22 Objective 1 Support. Retain the Objective 1 as notified. Integrated management is a requirement of the National Policy Statement Freshwater Management 2014 (NPSFWM) in particular C. Integrated Management and New Zealand Coastal Policy Statement 2010 (NZCPS) and the proposed Southland Regional Policy Statement 2012 as amended by the decisions of the Environment Court. Page 22 Objective 2 Support. Retain the Objective 2 as notified. One of major attractions of tourists is visiting New Zealand is Te Wähipounamu South West New Zealand World Heritage Area. This area has pristine lakes and rivers and land.

Page 22 Objective 3 Support. Retain the Objective 3 as notified. The Objective gives effect to the NPSFWM in particular national values. Page 22 Objectives 4- Support. Retain the Objective 4-5 as notified 5 Gives effect to RMA in particular s6(e) and s8. Page 22 Objective 6 Support in part. Retain the Objective 6 as notified with the following addition: The Objective gives effect in part to the NPSFWM in There is no reduction in the quality of freshwater, and water in estuaries and coastal particular Objective A2 and NZCPS. However it fails lagoons, by: to protect the significant values. (a) maintaining the quality of water in waterbodies, estuaries and coastal lagoons, The 10% improvement target was in the Southland where the water quality is not degraded; and Regional Water Plan. (b) improving the quality of water in waterbodies, estuaries and coastal lagoons, that have been degraded by human activities to protect their significant values as outlined in the NPSFWM and in the coastal environment NZCPS and have at least a 10% improvement in water quality by 2025.

Page 22 Objective 7 Support in part. Retain the Objective 7 as notified with the following addition:

7 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT The water quality in several catchments in Southland Any further allocation of freshwater (water quality and quantity) is avoided and is severely degraded and over allocated. Because of existing over-allocation is phased out in accordance with timeframes established the actual and potential effects of poor water under the Freshwater Management Unit process or sooner when considering quality, it is essential that when considering consent resource consent applications for activities in catchments where poor water quality applications that the opportunity is taken to phase is having significant adverse effects on the values of water bodies and coastal water out over-allocation to ensure that these water ecosystems in that catchment. bodies do not for example like Waituna flip to an algal dominated state. Such an approach would give effect to NZCPS in particular. Page 22-23 Objective 8 Support in part. Retain the Objective 8 as notified with the following amendment: The spring fed creek water quality standards in (a) The quality of water in aquifers that meet both the Drinking-Water Standards Appendix E should be recognised. for New Zealand 2005 (revised 2008), the water quality standards for Spring Fed creeks in Appendix E and any freshwater objectives, including for connected surface waterbodies, established under Freshwater Management Unit processes is maintained; (b) .... Page 23 Objective 9 Support. Retain the Objective 9 as notified. The matters identified are consistent with the RMA in particular Part 2. Outstanding natural features include the waterbodies of Fiordland including the glacial lakes all part of Te Wähipounamu South West New Zealand World Heritage Area. Historic heritage values of water bodies include Chinese and European gold mining sites and sites of significance for Ngāi Tahu. It is also important to manage the margins of surface water bodies including maintain islands in rivers especially those with bare gravel bars which are a significant habitat of indigenous fauna. Flood flows are also important as floodwaters can flush accumulated weedy vegetation on these islands. Page 23 Objective 10 Support in part. Retain the Objective 10 as notified with the following amendment: The Manapouri Power Scheme has a lake level The national importance of the existing Manapōuri Power Scheme in the Waiau regime approved by the Minister of Economic catchment is provided for and recognised in any resulting flow and level regime Development under the Manapōuri - Te Anau whilst protecting the natural values of the Lakes Te Anau and Manapouri and Development Act 1963 to in particular protect the fishery values of the Upper Waiau and maintaining the freshwater habitat of the values of the lake shores of Te Anau and Manapōuri Lower and adjacent wetlands. and a RMA minimum flow regime to protect the fishery values of the Waiau River. 8 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT

Page 23 Objective 11 Support. Retain the Objective 11 as notified During dry periods Southland is extremely water short. Water has to be allocated and used efficiently including for permitted activities. Page 23 Objective 12 Support in part. Retain the Objective 12 as notified with the following amendment: Spring fed creeks are significant habitats of Groundwater levels, and natural stream flow variability and minimum surface indigenous fauna. Environment flow regimes are water flows where these are derived from groundwater, are maintained. required to ensure that species such as non migratory galaxiids can spawn and their eggs successfully hatch the young be successfully reared. Minimum flow regimes may result in natural spring flushes of water being abstracted to the detriment of the ecosystem health. Page 23 Objective 13 Support in part. Retain the Objective 13 with the following addition: Healthy soils are a significant method to reduce the (d) it is in a manner which prevents significant adverse effects on the natural flow loss of contaminants to water through in particular regime of the stream in that catchment where the development is proposed overland flow. and in particular; Historic resources related to water have been  avoid increasing the severity of low flows; and damaged through inappropriate land use.  avoid increasing the magnitude of the flood flows and their significant adverse effects on river and flood plain values and infrastructure. The Physiographic zones section has identified physiographic units where overland flow is a significant conduit of contaminants. In parts of these physiographic units, Council already maintains flood detention dams which were constructed after significant areas of indigenous vegetation clearance was undertaken. In these physiographic units where overland flow has been identified, further clearance of significant areas of indigenous vegetation will increase the peak of flood flows and increase the loss of in particular soil to water adversely affecting downstream values. Examples of significant adverse effects include significant erosion of downstream river banks and bed affecting biodiversity values and Council infrastructure and deposition of mud on the bed. Climate change should also be taken account of to give effect to NPSFWM Policy A1. 9 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Secondly clearance of in particular tussock grassland will reduce low flows as tussocks trap moisture in mist and low cloud.

Page 23 Objective 14 Support. Retain the Objective 14 as notified. Consistent with the RMA in particular Part 2 in particular s5, 6(a) and (c) and s30 and gives effect to NPSFWM and NZCPS. Page 23 Objective 15 Support. Retain the Objective 15 as notified. Consistent with the RMA in particular Part 2 in particular ss5, 6(c) and 6(e) and s8 and implements the Ngāi Tahu Claims Settlement Act 1998. Page 24 Objective 16 Support. Retain the Objective 16 with the following amendment; Public access to river and lake beds is maintained, except in circumstances where public health and safety are at risk or significant biodiversity values are being adversely affected. Page 24 Objective 17 Support in part. Retain the Objective 17 as notified with the following amendment; Consistent with the RMA in particular Part 2 in The natural character values of wetlands, rivers and lakes including channel and particular 6(a). Further emphasis is required on large bare gravel bar form, bed rapids, seasonably variable flows and natural channel form in particular the presence of bare habitats, are protected from inappropriate use and development. gravel bars in braided rivers which are also a significant habitat of indigenous fauna in particular braided river birds. Page 24 Objective 18 Support. Retain the Objective 18 as notified. Good environment practice or better will assist in protecting the regions land soils and water from quantity and quality degradation. NGĀI TAHU POLICIES Page 25 Policies 1-3 Support. Retain Policies 1-3 as notified. Consistent with RMA in particular s6(e) and s8. Gives effect to Ngāi Tahi Claims Settlement Act 1998. PHYSIOGRAPHIC ZONE POLICIES Page 26-28 Physiographi The concept of physiographic zones and its use to Retain the concept of physiographic zones but amend the policies to reflect actual c Zone manage the critical transport pathways for loss of water quality, its trends and consider the implications of land intensification on Policies soil, nitrogen, phosphorous and microbes to water is future water quality. The potential water quality outcomes should be analysed for General strongly supported. It is essential that all critical their consistency with the water quality standards of this Plan and the Regional pathways are identified and the sensitivity of the Coastal Plan. Particular emphasis is required on the sensitivity of water bodies and receiving waterbodies and coastal waters in estuaries to the increased contaminants and the actual potential effects on users of

10 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT particular estuaries to these contaminants is these waters. recognised. Page 26 Policy 4 Support in part. Alpine The Policy is presently contrary to RMA in particular Amend Policy 4 – Alpine to read: Part 2 and s30 and fails to give effect to NPSFWM in In the Alpine physiographic zone, avoid, remedy, or mitigate erosion and adverse particular A Water Quality. effects on water quality from contaminants, by: The alpine zone is above 800 metres above mean sea 1. Protecting, maintaining and enhancing the indigenous vegetation cover of the level. The growing seasons are short. The zone can soil; be subject to severe snow accumulation and snow 2. Avoiding land development in areas which will cause or accelerate soil erosion; melt and/or intense rainfall events. During these 3. requiring implementation of good management practices to manage erosion events overland flow from these areas can transport and adverse effects on water quality from contaminants transported via large amounts of nitrogen, phosphorous and overland and lateral flow and their inclusion in management plans; suspended sediment to downstream areas. The only 4. strongly discourage the granting of resource consents having particular regard attenuation mechanism is dilution, which only to which have significant adverse effects of contaminants transported via overland decreases concentrations and has no effects on flow or lateral flow when assessing resource consent applications and preparing or loads. If there is a flood plain, sediment can also be considering management plans; deposited on it. The physical effects of flooding on 5. prohibiting dairy farming, and intensive winter grazing and strongly discouraging downstream values can also be significant with the granting of resource consents for cultivation. accelerated stream bank erosion, overland flow and damage to values.

Within this overland flow are contaminants in particular sediment. Large quantities of sediment can have very significant adverse effects on water quality and reduce primary production, alter the structure of food webs and significant adversely affect the diversity and integrity of freshwater and estuarine habitats. Retention of a healthy indigenous vegetation cover is one very successful method of reducing overland flow and the contaminants in particular sediment in it. The large volumes of low concentration clean water that comes from alpine areas are very important in the dilution of contaminants discharged downstream to protect ecosystem health in lowland areas. The dilution of contaminant concentrations assists in particular in safeguarding the life supporting capacity of Southland’s rivers and for the well being of its communities. Increased contaminants in lateral flow 11 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT through intensification of land use will reduce alpine water quality in particular during low river flow periods. Page 26 Policy 5 Support in part. Amend Policy 5 – Central Plains to read: Central The Policy fails seems to fail to give effect to In the Central Plains physiographic zone, avoid, remedy, or mitigate adverse effects Plains NPSFWM in particular fails to reduce the nitrate on water quality from contaminants, by: concentrations in the groundwater under the Central 1. requiring implementation of good management practices to manage adverse Plains zone and the cumulative effects of these effects on water quality from contaminants transported via artificial drainage, and discharges on surface water quality and on the deep drainage and natural bypass flow and ensure these matters are considered coastal water quality and its ecosystems. The when assessing resource consent applications and preparing or considering groundwater nitrate levels seem to be continuing to management plans; increase and are close to or are exceeding the 2. having particular regard to strongly discouraging the granting of resource standards of Objective 8 of this plan at a number of consent applications for activities which will have adverse effects on the water sites. There is also the strong potential for this quality from contaminants transported via artificial drainage, and deep drainage groundwater where it enters surface water to exceed and natural bypass flows when assessing resource consent applications and the nitrate toxicity standards for freshwater in preparing or considering management plans. NPSFWM. There are also cumulative effects on coastal water quality. Nitrate is the limiting nutrient for algal growth in the coastal marine area. The New River is in very poor ecological health. Strong measures are therefore required to halt the continuing decline of the groundwater quality. Page 26 Policy 6 Support in part. Amend Policy 6 – Gleyed to read: Gleyed This policy fails to manage the key transport path of In the Gleyed physiographic zone, avoid, remedy, or mitigate adverse effects on deep drainage of phosphorous from podsol soils. water quality from contaminants, by: Secondly, this policy fails to consider the health of 1. requiring implementation of good management practices to manage adverse waterbodies which receive significant contributions effects on water quality from contaminants transported via artificial drainage, and of contaminants from the gleyed physiographic unit. overland flow and deep drainage in podsol soils where relevant; Phosphorous is a limiting nutrient for algal growth in 2. having particular regard to adverse effects on water quality from contaminants Waituna Lagoon in particular in its freshwater phase. transported via artificial drainage, and overland flow where relevant when assessing resource consent applications and preparing or considering management At present the policy is contrary to the RMA in plans. particular Part 2 s5, 6(a), (b), (c), (d) and (e) and fails 3. strongly discouraging the granting of resource consent applications for activities to give effect to NPSFWM including Objective A2 and on podsol soils which will have adverse effects on the water quality from Policy A1 and NZCPS in particular Policies 5, 11 and phosphorous transported via deep drainage. 13 . Page 26 Policy 7 Support in part. Amend Policy 7 – Bedrock/Hill Country to read Bedrock/Hill The key transport pathways of overland flow and In the Bedrock/Hill Country physiographic zone, avoid, remedy, or mitigate erosion Country artificial drainage have been identified. and adverse effects on water quality from contaminants, by: 12 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT 1 .maintaining the indigenous vegetation cover where it is present; Overland flow can be managed by retaining the 1. 2. requiring implementation of good management practices to manage erosion indigenous vegetation cover. This cover will also and adverse effects on water quality from contaminants transported via overland reduce the loss of soil. flow, and artificial drainage and restricting new tile drainage and management of The land can also be steep and is therefore catchments of streams which recharge aquifers where relevant; unsuitable for activities such as intensive farming 2. 3. having particular regard to adverse effects on water quality from contaminants including dairying and deer farming where there is transported via overland flow and artificial drainage and in particular new tile the strong potential of overland flow transporting drainage and streams that recharge aquifers where relevant when assessing increased quantities of contaminants to water. resource consent applications and preparing or considering management plans. 4. strongly discourage activities which increase the quantity of contaminants Recharge of aquifers by streams has not been transported by overland flow to water identified as a transport pathway for in particular nitrogen. Potential examples include the streams flowing from hill country which recharge aquifers such as in the Five Rivers and Te Anau Groundwater Management Zones. Page 27 Policy 8 Support in part. Amend Policy 8 – Lignite-Marine Terraces to read: Lignite The key transport pathways of overland flow and In the Lignite–Marine Terraces physiographic zone, avoid, remedy, or mitigate Marine artificial drainage have been identified. adverse effects on water quality from contaminants, by: Terrace 1. requiring implementation of good management practices to manage adverse Deep drainage to aquifers has been identified as a effects on water quality from contaminants transported via overland flow and transport pathway for nitrogen in Council’s science. artificial drainage and deep drainage to aquifers and in particular consider the use An example of a site where deep drainage will occur of wetlands to reduce nitrogen losses to surface water where relevant; is the old Mataura River flood plain west of the 2. having particular regard to adverse effects on water quality from contaminants Mataura River between Gore and to South of transported via overland flow and artificial drainage and deep drainage to aquifers Mataura where Mataura River gravels overlies the where relevant when assessing resource consent applications and preparing or lignite measures. considering management plans. Wetlands in this physiographic could play a very significant role in reducing losses of nitrogen to water. Page 27 Policy 9 Support. Retain Policy 9 as notified. Old Mataura The key transport pathway of deep drainage has been identified and its significance recognised. The soils have limited ability to remove nitrates. As well groundwater moves slowly through the aquifer and results in groundwater concentration exceeding the drinking water standards. Streams from these high nitrate aquifers are more than likely to exceed the nitrate toxicity standards for freshwater in NPSFWM. 13 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Page 27 Policy 10 Support in part. Amend Policy 10 – Oxidising to read: Oxidising In the oxidising physiographic unit, the groundwater In the Oxidising physiographic zone, avoid, remedy, or mitigate adverse effects on nitrate concentrations can exceed this Plan’s water quality from contaminants, by: Objective for drinking water and in streams can 1. requiring implementation of good management practices to manage adverse exceed the nitrate toxicity standards for freshwater effects on water quality from contaminants transported via deep drainage, and in the NPSFWM. overland flow and artificial drainage where relevant; The policy is contrary to the RMA in particular Part 2 2. having particular regard to adverse effects on water quality from contaminants and fails to give effect to NPSFWM. apart from nitrates transported via deep drainage, and overland flow and artificial drainage where relevant when assessing resource consent applications and preparing or considering management plans; 3. strongly discouraging the granting of resource consent applications for activities which will have adverse effects on the water quality from nitrates transported via deep drainage and all contaminants transported by overland flow and artificial drainage. Page 27 Policy 11 Support in part. Amend Policy 11 – Peat Wetlands to read: Peat The key transport pathways of deep drainage and In the Peat Wetlands physiographic zone, avoid, remedy, or mitigate adverse effects Wetlands artificial drainage have been identified. The policy on water quality from contaminants, by: fails to take into account the significance of each of 1 .maintaining the integrity of wetlands and in particular its indigenous vegetation these pathways for contaminants and the suitability cover; of peat wetlands for the described activities. 2. requiring implementation of good management practices to manage adverse The policy also fails to take into account the effects on water quality from contaminants transported via artificial drainage, deep sensitivity of the receiving environment for the drainage, and lateral drainage and the inclusion of these management practices in contaminated water. When applying this policy to the management plans; identified physiographic units in a catchment such as Waituna Lagoon or where a peat wetland 3.strongly discourage the granting of resource consents for applications having physiographic unit discharges to a stream, it is particular regard to which have adverse effects on water quality from contaminants contrary to RMA in particular Part 2 including s5 and transported via artificial drainage, deep drainage, and lateral drainage; when 6(c), fails to give effect to NPSFWM in particular assessing resource consent applications and preparing or considering management Objective A2 and Policy A1 and NZCPS in particular plans; Policies 5, 11 and 13 as it allows for the further 4. Ensure no resource consents are granted strongly discouraging the granting of degradation of water quality. resource consents for additional dairy farming of cows or intensive cattle or deer grazing and additional intensive winter grazing . Page 28 Policy 12 Support in part. Amend Policy 12 – Riverine to read: Riverine The key transport pathway of deep drainage for In the Riverine physiographic zone, avoid, remedy, or mitigate adverse effects on nitrogen to groundwater and overland flow is the water quality from contaminants, by: pathway for phosphorous, nitrogen suspended solids 1. requiring implementation of good management practices to manage adverse and microbes have been identified. Streams from effects on water quality from contaminants transported via deep drainage, and these high nitrate aquifers are more than likely to overland flow where relevant; exceed the nitrate toxicity standards for freshwater 2. having particular regard to adverse effects on water quality from contaminants 14 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT in NPSFWM and contribute nitrates which will except for nitrates transported via deep drainage, and overland flow where relevant accelerate excessive algal growth in estuaries. when assessing resource consent applications and preparing or considering management plans. 3. Strongly discourage the granting of resource consents which increase the loss of nitrates to groundwater WATER QUALITY Page 29 Policy 13 Support. Retain Policy 13 as notified. Consistent with RMA in Particular Part 2 and s70. Page 29 Policy 14 Support. Retain Policy 14 as notified. When contaminants are discharged to land, the soil and its plant communities can take up contaminants such as nutrients and reduce the degradation of freshwater. Page 29-30 Policy 15 Support. Retain Policy 15 as notified. This policy will ensure that discharges will not breach the water quality standards of this plan. The approach is consistent with s69(3)RMA. Page 30 Policy 16 (1) Support in part. Amend Policy 16 (1) to read. Consistent with NPSFWM and NZCPS as it integrates 1. Minimising the environmental effects (including on the quality of water in rivers, farm land management and water management. coastal lakes, lagoons, tidal estuaries, salt and coastal wetlands, and However there are potentially other intensive groundwater) from farming activities by: farming operations which could have significant (a) strongly discouraging the establishment of new dairy farming or new intensive adverse effects on water quality, especially if animals winter grazing activities or other intensive farming activities in close proximity to have access to the beds of rivers or streams or sensitive waterbodies identified in Appendix Q; wetlands or artificial drains. Examples could include (b) strongly discouraging applications to establish new, or further intensify existing an intensive outdoor pig farm or a deer farm. dairy farming of cows or intensive winter grazing activities or other intensive Water quality can become degraded and adversely farming activities where the effects on the quality of water, including cumulatively, affect its indigenous biodiversity values, for example of groundwater, waterbodies, coastal lakes, lagoons, tidal estuaries, salt marshes poor water clarity can cause an excessive algal bloom and coastal wetlands cannot be avoided or fully mitigated or in areas where water which can kill off aquatic macrophytes beds. quality is already degraded or susceptible to degradation or degraded to the point of being over-allocated. Page 30 Policy 16 (2) Support in part. Amend Policy 16 2 to read: Implementing Management Plans or be listed as 2. Requiring all farming activities, including existing activities, to: independently audited Self Management Participant (a) either implement a Management Plan, as set out in Appendix N, or be listed on will assist farmers to reduce their losses of soil, the Environment Southland Register of Independently Audited Self-Management microbes, nitrogen and phosphorous to water. Participants; Protection of existing indigenous vegetation will (b) actively manage sediment run-off risk from farming and hill country protect soil from erosion, help reduce downstream development by protecting indigenous vegetation, requiring setbacks from flood peaks and help provide water for freshwater waterbodies, riparian planting, limits on areas able to be developed or duration of 15 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT ecosystems health and provide water for stock exposed soils and the prevention of stock entering surface waterbodies and river through reticulated water supplies. and lake beds; Other limits on areas able to be developed could be (c) manage collected and diffuse run-off and leaching of nutrients, microbial because of its slope and underlying geology such as contaminants and sediment through the identification and management of higher mudstone. risk physiographic zones on a regional scale, and critical source areas within Activities such as feeding of stock on river beds will individual properties. result in considerable discharge of contaminants to land where in the next flood it can be mobilised. Page 30-31 Policy 17 Support in part. Amend Policy 17 – Effluent management to read: This policy fails to take account of contaminants 1. Avoid adverse effects on water quality, and avoid as far as practicable other transported to water via artificial drainage. adverse environmental effects of the operation of, and discharges from effluent management systems. 2. Manage effluent systems and discharges from them by: (a) designing, constructing and locating systems appropriately and in accordance with standards;

(b) maintaining and operating effluent systems in accordance with best practice guidelines; (c) avoiding any surface run-off/overland flow, ponding, or throughflow of effluent to subsurface drains or contamination of water resulting from the application of agricultural effluent to pasture; (d) avoiding the discharge of raw sewage and untreated agricultural effluent to water. Page 31 Policy 18 Support in part. Amend to read: On a farm, the overall slope of land may be less than Policy 18 – Stock exclusion from waterbodies river and lake beds and riparian 10 degrees, but around the streams the banks may margins have a slope of 45 o degrees or more. Reduce sedimentation and microbial contamination of waterbodies and improve On the beds of rivers, streams and lakes and their river and riparian ecosystems and habitats by: margins there is often land managed by the Crown or 1. requiring progressive exclusion of all stock, except sheep, from all waterbodies, District Councils. The purpose of these lands in including artificial watercourses, on land with a slope of less than 16° by 2025, and particular marginal strips and esplanade reserves from this land’s river and lake beds. and the management of sheep in critical source includes protection of the stream or lakes water areas; quality. Stock access to these areas is generally 2. requiring the removal of all stock on marginal strips, unformed road adjacent to inappropriate and contrary for the purposes the land crown river and lake bed where the waterbody is present, to create riparian is held for or should be used for. buffers. The failure to exclude sheep from waterbodies on 3. requiring the adoption of management plans that set out methods and land with less than 16o slope is opposed. Sheep timeframes to achieve these outcomes; should be excluded from these water bodies 4. encouraging ensuring the establishment and enhancement of healthy vegetative because; cover in riparian areas, particularly through use of indigenous vegetation; 16 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT  Sheep can crop grass close to the ground, 5. ensuring that when stock access waterbodies, including artificial watercourses, removing the riparian buffers of thick grass this is managed in a manner that avoids significant adverse effects on water quality, which filter contaminants from overland bed and bank integrity and stability, mahinga kai, and aquatic, river and riparian flow; ecosystems and habitats.  Sheep erode stream banks when sheltering from stormy weather. This stream bank erosion can be a significant source of sediment in water;  Sheep in hot weather will crowd around water sources such as streams depositing faecal material which will be washed away in even a small fresh.  Sheep fall into the water especially on streams with steep banks. If the sheep are woolly they have difficulty in getting out of water and consequently will drown and wash up on the coast where the Department of Conservation has had to bury them. Portable electric fences are a simple and cost effective means of keeping sheep out of water and out of river and lake beds and there margins. WATER QUANTITY Page32 -33 Policy 20 Support in part. Amend Policy 20 to read; The policy fails to give effect to NPSFWM in particular Policy 20 – Management of water resources Objective B4. Manage the taking, abstraction, use, damming or diversion of surface water and The policy could result in the setting of lake level and groundwater by developing environmental flows and levels water allocation river flow levels which do not replicate natural flow regimes so as to: /level variability. Environmental flow /level regimes 1. avoid effects on significant matters, and avoid remedy or mitigate adverse for rivers and lakes will maintain the significant effects on other matters from the use and development of surface water resources values of Southland’s surface water resources. on: The policy does not link the Appendix K. (a)..(j) Retain as notified. (2) avoid adverse effects on the significant values of surface water, its flows and The policy is inconsistent with the RMA in particular levels, particularly in spring-fed streams, and its aquatic ecosystems and habitats Part 2 including s5, 6(a) (c) and (e) and fails to give from the use and development of groundwater resources. effect to NPSFWM Objectives B1 and B4 and Policy B1 (b). With regard to groundwater surface (3) avoid, remedy or mitigate significant adverse effects from the use and interactions, the policy fails to take account of the development of groundwater resources: small size of Southland’s rivers in particular during (a) long-term aquifer storage volumes; 17 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT droughts, and the complex surface groundwater (b) the reliability of supply for existing groundwater users; and interactions with reaches gaining or loosing water. (4) maintain groundwater quality where it has not been degraded and where it has Loss of ground water input into rivers will raise water been degraded reduce contaminant losses to groundwater through management of temperatures to the detriment of freshwater fish and irrigation; reduce or dry up stretches of river particularly during 5. ensure water is used efficiently and reasonably by requiring that the rate of low flow periods. Fish spawning or migration could abstraction and abstraction volumes specified on water permits to take and use be adversely affected. water are no more than reasonable for the intended end use; It is also essential that groundwater abstraction does 6. recognise the positive effects resulting from the use and development of water not adversely affect the spring stream flow variability resources. for it is important to maintain stream ecosystem health. 2. Use of groundwater can result in leaching of nutrients in particular nitrogen to groundwater. This policy seems to allow further degradation of groundwater and this is contrary to s69(c) RMA. This policy also seems to conflict with policy 15 to maintain groundwater quality. Page 33 Policy 21 Oppose in part. Amend Policy 21 to read;

Secondary allocation of groundwater is opposed as it . 3. enabling secondary allocation of surface water and groundwater subject to could have adverse effects on the significant values appropriate environmental flow surface water allocation regime and taking into of spring fed creek. Flow variability is essential for account minimum lake and wetland water levels and groundwater level cutoffs these streams health. Excessive groundwater take and/or seasonal recovery triggers, to ensure: can also increase the rate of loss of water from rivers (a) long-term aquifer storage volumes are maintained; and to groundwater. This policy is contrary to the RMA in (b) the reliability of supply for existing groundwater users is not adversely affected. particular Part 2 s5, 6(a), (c) and (e) and fails to give (c) the health of the surface water bodies are maintained and where degraded effect to NPSFWM Objectives B1, B2, B3 and B4 and enhanced. Policy B1 (b). It also fails to effect to the pRPS as it fails to recognise the very finite nature of Southland’s water resources outside of Fiordland. Page 33 Policy 22 Support in part. Retain Policy 22 as notified if long term base flows mean the Q95 flow as outlined in Consistent with RMA in particular 6(e). Gives effect to Appendix K. If the long term base flow is less than the Q95 flow then this policy is NPSFWM in particular Policy B1. However the term opposed and it should be deleted. long term base flow has not been defined. If it is Q95 then this policy is supported. Page 33-34 Policy 23 Support. Retain Policy 22 if long term base flows mean the Q95 flow as outlined in Appendix This policy manages ground water and surface water K. If the long term natural base flow is not the Q95 flow then this policy is opposed in an integrated manner and is therefore gives effect and it should be deleted. 18 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT to NPSFWM in particular Policy B1. However the term long term base flow has not been defined. If it is Q95 then this policy is supported. . ACTIVITIES THAT AFFECT WATER QUALITY AND QUANTITY Page 35 Policy 28 Support in part. Retain Policy 28 as notified and include landscape values.

Inconsistent in part with RMA in particular s6(b) with regard to landscape values. Inappropriately located structures in outstanding landscapes can have significant adverse effects on landscape values. Page 35 Policy 29 Support in part. Amend Policy 29 to read: The policy is contrary to the RMA in particular Part 2, Policy 29 – Provide for the extraction of gravel s5, 6(a), (c) and (e) and fails to maintain indigenous Provide for the extraction of gravel to meet the needs of the community, in a way biodiversity by protecting the bare gravel bar habitat that avoids, remedies or mitigates adverse effects on rivers and their margins; and: of braided river birds. Southland’s river beds have 1. maintains or enhances aquatic, braided river bird habitat in particular bare gravel nationally significant braided river bird values in bars and riparian habitat; or particular the major habitat of the nationally critical 2. ensures no long-term net loss of habitat in the river channel, bed and floodplain; black billed gull and nationally endangered black or fronted tern and nationally vulnerable banded 3. maintains or enhances flood protection, erosion control or the integrity of dotterel. These species require bare gravel bars for physical resources; and successful roosting and nesting. 4. does not adversely affect the cultural values associated with the river, including mahinga kai and taonga species habitat, mātaitai and taiāpure; and 5. does not adversely affect recreational values. Page 36 Policy 30 Oppose. Amend Policy 30 – Stream and Drainage maintenance to read: Drainage maintenance in the beds of modified water In recognition of the community benefits of maintaining flood capacity and land courses has been poorly managed with excessive drainage, ensure that drainage maintenance activities within artificial watercourses stream channel deepening and subsequent bank and the beds of modified watercourses and their margins are managed in a way collapse, loss of gravels and their habitat values and that: impedance of fish passage. 1. Prevents or reduces the quantity of sediment in overland flow entering into the modified stream or artificial drain; There are no measures to require action to stop the 2. Manage the margins of artificial drain to ensure that stock do not damage overland flow of water containing sediment to water, its margins or banks; for example maintaining a riparian margin of thick 3. protects the life supporting capacity and habitat of fish within modified grass. streams in particular; a. the gravel spawning habitat of fish; The policy is contrary to the RMA in particular Part 2, b. the habitat of threatened non migratory galaxiids; and s5 s6(a),(c) and (e) and 7(aa), (d) and (h). c. where fish passage has been lost through drainage maintenance restore fish passage; 2. avoids remedies or mitigates other significant adverse effects on the other 19 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT aquatic environment; or 2. maintains or enhances habitat value. Page37 Policy 31 Support in part. Retain Policy 31 as notified with: Replacement stand location should also comply with Restrict the allocation of space for whitebait stands in the beds of lakes, rivers, the relevant whitebait regulations provisions on modified watercourses and streams to: stand location. 1. stands lawfully existing as of 1 June 2003; or 2. new stands used in lieu of previously lawfully existing stands, but as close as practical to the former site where that site can no longer be used because of either natural alterations to the course of the river, bank erosion or high-water mark alterations and the site complies with the relevant whitebait regulations.

Page 37 Policy 32 Support in part. Retain Policy 32 as notified with the following addition: This is consistent with RMA in particular Part 2 and Protect significant indigenous vegetation and significant habitats of indigenous s30(1)(c). Healthy indigenous vegetation cover will fauna to improve soil health, water quality, water quantity and ecosystem health prevent soil erosion, tussock grasslands and wetlands and to maintain indigenous biodiversity. will reduce flood peaks and provide good quality water in particular during low flow periods and these ecosystem services will improve ecosystem health. Protecting the habitats of indigenous fauna will also maintain and enhance indigenous biodiversity.

Page 37 Policy 33 Support. Retain Policy 33 as notified. Wetlands are much reduced nationally. In Southland wetlands provide a number of ecosystem services which are important to Southland including assisting in maintaining low flows in streams. Consistent with RMA in Particular Part 2 including s5, 6(a), (b), (c) and (e). Gives effect to NPSFWM in particular Objective A2 and B4. Page 37 Policy 34 Support. Retain Policy 34 as notified. Wetlands are much reduced nationally. In Southland wetlands. Wetland restoration has been very successful. Wetlands including artificial wetlands provide a number of ecosystem services which are important to Southland including reducing nitrate levels in water. Consistent with RMA in Particular 20 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Part 2 including s5, 6(a), (b), (c) and (e). Gives effect to NPSFWM in particular Objective A2 and B4. Page 37 Policy 37 Oppose as the policy is inconsistent with NZCPS in Delete Policy 37. particular Policy 25. CONSIDERATION OF RESOURCE CONSENT APPLICATIONS Page 38 Policy 39 Support in part. Amend Policy 39 by: Use of land for farming activity may also affect water When considering any application for resource consent for the use of land for a quantity. For example large scale clearance of farming activity, Environment Southland will consider all adverse effects of the tussock grasslands will reduce stream flow. proposed activity on water quality and water quantity, whether or not this Plan permits an activity with that effect. Page 38 Policy 39A Support. Retain Policy 39A as notified. Consistent with NZCPS and NPSFWM in particular C. Page 38 Policy 40 Support. Retain Policy 40 as notified. This is appropriate resource management practice. Page 39 Policy 43 Support in part. Amend Policy 43 – Transfer of water permits to read: Inappropriate transfer of water permits may result 1. Enable the transfer of water permits to take and use water provided the transfer in an increase in stream depletion and breach of occurs in the same surface water and groundwater management zone or aquifer, minimum flows. any other abstractor is not adversely affected, and the transfer is consistent with the provisions of this Plan, including the minimum flow and allocation regime. 2. Provide for transfer of water permits for groundwater abstraction between groundwater zones or aquifers in the same surface water catchment, provided the transfer does not increase cumulative stream depletion effects in that reach where the take is proposed or result in any minimum flow being breached and effects of the new abstraction are consistent with the provisions of this Plan. FRESHWATER MANAGEMENT UNIT POLICIES Page 41 Policy 47 Support in part. Amend Policy 47 – FMU processes to read: This policy is inconsistent with RMA in particular The FMU sections will: s66(2)(c) as it fails to recognise management plans 1. establish freshwater objectives for each catchment, having particular prepared under other Acts and fails to give effect regard to the national significance of Te Mana o te Wai, and any other to NPSFWM C Integrated Management and the values developed in accordance with Policies CA1-CA4 and Policy D1 of the NZCPS. National Policy Statement for Freshwater Management 2014, and where relevant; a. New Zealand Coastal Policy Statement 2010 ; b. The purposes for which Crown land managed by the Department of Conservation is held; and c. relevant Management Plans and Strategies prepared under other Acts ; 2. set water quality and water quantity limits and targets to achieve the freshwater 21 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT objectives;

3. set methods to phase out any over-allocation, within a specified timeframe; and 4. assess water quality and quantity based on Ngāi Tahu indicators of health. REGION WIDE RULES Page 42 Rule 1-4 Support. Retain Rules 1-4 These rules clarify the plan provisions and are consistent with RMA. Page 44 Rule 9 Support in part. Amend Rule 9 – Discharge of agrichemicals onto or into surface water to read: The Manufacturer’s recommendation is not The discharge of agrichemicals and any associated wetting, antifoaming and anti- important from a regulatory perspective. It acts as drifting agents and marker dyes, into surface water, is a permitted activity provided guidance for users. the following conditions are met: A biosecurity incursion response under the (a) the discharge is for the purpose of eradicating, modifying or controlling excessive Biosecurity Act may require immediate action to growth of aquatic plants, and does not exceed the quantity, concentration or rate remove a plant such as hornwort. necessary, as recommended by the manufacturer; (b) the agrichemical is approved for aquatic use within New Zealand under the Hazardous Substances and New Organisms Act 1996; (c) all practicable measures are taken to minimise spray drift beyond the target area; (d) the discharge does not give rise to any of the following effects in the receiving water: (i) the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials; (ii) any conspicuous change in visual clarity; (iii) the rendering of freshwater unsuitable for consumption by farm animals; (iv) any significant adverse effects on aquatic life, other than the target species and other exotic weeds; (e) there is no adverse effect on any water takes permitted by the RMA, this Plan or under a resource consent; (f) there are no recorded historic heritage sites in the surface waterbody or artificial watercourse, at the point of discharge or within 1 km downstream of the discharge point; (g) the discharge does not take place into water within natural state waters, or into waters subject to a water conservation order except where a biosecurity incursion response is required under the Biosecurity Act . Page 44 Rule 10 Support in part. Amend Rule 10 to read: A biosecurity incursion response under the Rule 10 – Discharge of agrichemicals to land where they may enter water Biosecurity Act may require immediate action to The discharge of agrichemicals and any associated wetting, antifoaming and anti- remove a plant such as hornwort. drifting agents and marker dyes onto or into land where they may enter water is a

22 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT permitted activity provided the following conditions are met: (a) the agrichemical is approved for use within New Zealand under the Hazardous Substances and New Organisms Act 1996, and the use and discharge of the substance is in accordance with all the conditions of the approval; (b) all practicable measures are taken to minimise spray drift beyond the target area2; (c) the discharge shall not be to natural state waters or to waters subject to a water conservation order except where a biosecurity incursion response is required under the Biosecurity Act . Page 45 Rule 11 Support in part. Amend Rule 11 - Discharge of vertebrate pest control poisons to read: The purpose of the discharge is to kill pest The discharge of vertebrate pest control poisons, including sodium invertebrates on land. Because of the nature of the monofluoroacetate (1080), baits, pre-feed and deer repellent, into or onto land activity, some baits will be discharged to water for where it may enter water or to water is a permitted activity provided the following instance to a stream under forest canopy or the conditions are met: margins of a stream. The quantities of the (a) the agrichemical is approved for use within New Zealand under the Hazardous invertebrate control poison likely to enter water Substances and New Organisms Act 1996, and the use and discharge of the are extremely small and the adverse effects will be substance is in accordance with all the conditions of the approval; minor, for example 1080 begins to break down (b) the discharge does not occur within the microbial health protection zone of a immediately on immersion in water. drinking water supply site identified in Appendix J, or where no such zone is identified, then 250 metres of the abstraction point of a drinking water supply site identified in Appendix J. LAND USE RULES Page 49-50 Rule 20 Support in part. Amend Rule 20 to include other intensive farming activities that can have significant The proposed rule is supported in part as it uses adverse effects on water quality through the transport of significant quantities of management plans as a method for farmers to contaminants by key flow pathways too sensitive receiving environments. improve the management of their farms in a way which reduces discharges of contaminants through And make the following changes: the various transport pathways to water. (a) ... (b) Until 30 May 2018, the use of land for a farming activity in the Oxidising, Riverine The management of dairying and intensive winter or Peat Wetlands (excluding natural wetlands) Physiographic Zones, other than dairy grazing is strongly supported as these two farming of cows or intensive winter grazing, is a permitted activity. activities are significant contributors of (c) .... contaminants to sensitive waterbodies. However (d) .... there are other land uses that can have significant (e) ... adverse effects on water quality especially if the (f) ... change of land use is poorly planned and (g) ... implemented. In the past in Southland, intensive (h) ... deer farming in hill country has had significant (i) From 30 May 2018, the use of land for a farming activity in the Oxidising, Riverine adverse effects on water quality through the or Peat Wetlands except natural wetlands Physiographic Zones, other than dairy 23 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT overland flow of sediment and microbes. farming of cows or intensive winter grazing, that does not comply with the condition of Rule 20(e) or Rule 20(f) is a discretionary activity. The proposed rule also fails to take into account (j) ... the significance of the transport pathways of (k) ... contaminants, the extremely poor water quality in receiving water bodies in particular;  in groundwater, the high nitrate levels such as in Central Plains and Riversdale/Balfour area including areas which breach the NPSFWM bottom line national standards for freshwaters;  The very significant adverse effects of high nitrate levels on surface water quality and the health of freshwater ecosystems and more particularly the cumulative effects of nitrates in water on the health of estuaries by causing excessive algal growth in particular New River and Jacobs Creek Estuaries;  The adverse effects of nutrients on Southland’s rivers health during low flow periods, some lakes and the degraded state of Southland’s estuaries and lagoons. Lagoons such as Waituna are at serious risk of flipping to an algal dominated state.  The adverse effects of soil loss from land on soil health and the effects of the deposited sediment in streams, rivers, estuaries, lagoons and lakes on life supporting capacity of these ecosystems.  The rule seems to allow farming in wetlands.

The rule is contrary to RMA in particular Part 2, in particular s5, 6(a), (b), (c), (d), (e) and 7(f), fails to give effect to NPSFWM and NZCPS. Page 50 Rule 21 Support Retain Rule 21 as notified. This rule encourages existing dairy farmers to 24 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT improve their management practices to reduce their loss of contaminants to water. It is the first stage to limit setting under the NPSFWM. Dairying is an inappropriate activity in the Alpine physiographic zone because of the altitude, the short growing season, and the potential to lose significant quantities of contaminants to water via overland and lateral flow. Protection of alpine areas water quality is essential for the safeguarding the life supporting capacity of Southland’s lakes and rivers. Page 50-51 Rule 22 Support in part. Amend Rule 22 – New or expanded dairy farming of cows to read: This rule is supported as it prohibits dairy farming (a) The use of land for dairy farming of cows that did not exist as at 30 May 2016 or in the sensitive alpine physiographic zone. does not comply with Rule 21(a) or 21(b) in the Riverine, Gleyed except where the Secondly an application for new dairy farms on soils are podsols, Bedrock/Hill Country, Oxidising, Central Plains, or Lignite-Marine peat wetland soils is a non complying activity and Terraces physiographic zones, is a discretionary activity, provided the following is supported in part. Peat wetland soils are very condition is met: difficult to manage and have high losses of (i) ... contaminants in particular phosphorous by (b) The use of land for dairy farming of cows that did not exist as at 30 May 2016 or artificial drainage and have major limitations for does not comply with Rule 21(a) or 21(b) in the Old Mataura, Riverine, Gleyed application of farm dairy effluent. New dairy farms podsol variant, bedrock or hill country, oxidising, Central Plains or Peat Wetlands on peat wetland that are natural wetlands or in (except for natural wetlands) physiographic zones is a non-complying activity. sensitive catchments should be prohibited. (c) The use of land for dairy farming of cows that does not comply with Rule 21(c) or Rule 22(a)(i) is a non-complying activity. However this rule fails to consider the key flow (d) The use of land for dairy farming of cows in the Alpine physiographic zone or in pathways of contaminants in other physiographic the peat wetlands physiographic zones natural wetlands or where the water quality zones. Secondly it fails to consider the sensitivity in the underlying aquifer already exceeds Objective 8 or the water quality in the of the receiving water bodies and their existing receiving water body breeches the National Bottom Lines in the NPSFWM is a water quality. Some of these waterbodies in prohibited activity. particular groundwater exceeds this plans (e) ... groundwater objective and in some cases parts (f) ... also breech the bottom lines in NPSFWM. (g) ... The proposed rule has the unfortunate consequence of encouraging dairying in hill country where overland flow is a significant key flow pathway of contaminants and effluent application in a way that nutrients are used by pasture is problematical. In the Gleyed zone loss of phosphorous from 25 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT podsol soils is of significant concern as it is the limiting nutrient in some sensitive freshwater bodies. This rule is in part contrary to s69(3) RMA as it will result in a further reduction in existing water quality in some areas. It is also inconsistent with the RMA in particular Part 2 and fails to give effect to NPSFWM A Water Quality and the Appendix 2 and in the coastal environment NZCPS. (g) is supported as agriculture research in Southland will aid future farm management and RMA planning. Page 52-53 Rule 23 Support in part. Retain Rule 23 with the following amendments; The prohibited activity for intensive winter grazing (b) ... in the alpine physiographic zone is strongly (ii) no intensive winter grazing to be undertaken in the alpine physiographic supported as it is inappropriate because of the unit, or on a marginal strip, a esplanade reserve or strip, or unformed road strong possibility of overland flow transporting where they are adjacent to a river or lake bed contaminants to water. The proposed activity is (iii) not more than 20 hectares or 10% of the land holding whichever is smaller therefore contrary to the RMA in particular Part 2, of intensive winter grazing is undertaken on a land holding within the Old s5 s6(a-c) and fails to give effect to the NPSFWM. Mataura or Peat Wetlands or Bedrock/hill country physiographic zones; In major floods these some of these contaminants (iv) no more than 50hectares or 10% of the land holding whichever is smaller of will also reach the coastal marine area. intensive winter grazing is undertaken on a land holding within the Riverine, The 100 metres separation of winter grazing from Gleyed, Bedrock/Hill Country, Oxidising, Central Plains, or Lignite-Marine the bed of a lake or coastal marine area is strongly Terraces physiographic zones;.... supported as the ungrazed land will be able to filter contaminants from overland flow. If the winter grazing is on sand dunes these dunes will And (c) also filter contaminants in particular microbes From 30 May 2018, the use of more than 20 hectares or 10% of the land holding from reaching the coastal marine area. whichever is smaller of a landholding for intensive winter grazing in the Old The areas of 20 and 50 hectares of intensive winter Mataura, or Peat Wetlands or Bedrock/hill physiographic zones or 50 hectares or grazing proposed as a permitted activity on a small 10% of the land holding whichever is smaller in the Riverine, Gleyed, Bedrock/Hill land holding is inappropriate as there is no Country, Oxidising, Central Plains or Lignite-Marine Terraces physiographic zone is a opportunity for waters from other parts of the restricted discretionary activity, provided the following conditions are met: property to for example dilute contaminants entering groundwater or flowing overland to surface water. 50 hectares intensive winter grazing in the bedrock hill country physiographic unit is inappropriate because of the dominance of the 26 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT overland flow path for the transport of all contaminants to water. Intensive winter grazing should not be permitted on marginal strips, esplanade reserves and strips, or unformed road where they are adjacent to a river or lake bed as the use is contrary to the RMA in particular Part 2 including s5 and 6(a) and s229 and the Conservation Act 1987.

The other restrictions on winter grazing are appropriate and will result in the reduction of sediment in overland flow entering waterbodies. These restrictions are consistent with the RMA and give effect to NPSFWM.

Page 54 Rule 25 Support in part. Retain Rule 25 with the following amendments; Cultivation in the alpine physiographic zone is A new condition in (a) and (b): inappropriate because of the strong possibility of Is not on a marginal strips, an esplanade reserve or strip, or unformed road where overland flow eroding the soil from the land with they are adjacent to a river or lake bed significant downstream effects. The proposed A new matter for discretion in (c): activity is therefore contrary to the RMA in 4. the purposes for which the land is held . particular Part 2, s5 s6(a-c) and fails to give effect (d) Despite any other rule, the use of land for cultivation in the Alpine physiographic to the NPSFWM. In major floods this eroded soil zone, is a non-complying prohibited activity. will also reach the coastal marine area. Cultivation should not be permitted on marginal strips, esplanade reserves and strips, or unformed road where they are adjacent to a river or lake bed as the use is contrary to the RMA in particular Part 2 including s5 and 6(a) and s229 and the Conservation Act 1987.

The other restrictions on cultivation on sloping land are appropriate and will result in the reduction of sediment in overland flow entering waterbodies. These restrictions are consistent with the RMA and give effect to NPSFWM.

Page 74-75 Rule 53(a) Support in part. Delete the following note: Council failed to notify the Department of An application for resource consent under Rule 53(a) will be processed and 27 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Conservation and its lessee of a consent considered without public or limited notification unless the applicant requests application to drill on land managed by the notification or Environment Southland considers special circumstances exist that Department. This is poor resource management warrant notification of the application. practice. The owner of the land and any lessee should also be notified. Page 75-76 Rule 54 (d) Oppose in part. (d) Other than that provided by Rule 54(a), groundwater takes from groundwater The failure to consider the cumulative effects of management zones listed in Appendix L is a discretionary activity provided the moderate takes of groundwater on spring fed following conditions are met: creek flows or the small rivers of Southland will (i) the total groundwater allocation is within the primary or secondary allocation result in their further depletion. The proposal is limits established in Appendix L.5; and contrary to s5 6(a), (c) and (e) and 7(f) of the RMA. (ii) if the degree of hydraulic connection, calculated in accordance with Appendix L.2 is not Riparian, Direct or High, Moderate the relevant surface water minimum flows and allocation limits are met; Page 78-79 Rule 57 (b) Support in part. Amend (b) 2. To include: The adverse effects of a bridge on an outstanding Natural features and landscapes. landscape and natural feature are matters not considered by Council. This is contrary to s6(b) RMA.

Page 90 Rule 65 (e) Support in part. Retain the rule with the following amendment: The location of the stand should be consistent with 3. Consistency with the relevant Whitebait Fishing Regulations. the relevant Whitebait Fishing Regulations. Page 94 Rule 70 Support in part. Include the requirement to exclude sheep from waterbodies on land in particular on Sheep should be excluded from access to flat to moderately steep land (Classes 1-iV) by 1 May 2020. waterbodies on land with a slope of less than 16o Prohibit supplementary feeding on lake or river beds. because of the adverse effects on bank stability Prohibit stock in wetlands after 2022. and water quality. The rule allows supplementary feeding on river and lake beds. This is an inappropriate activity. The Regional Water Plan presently prohibits this activity. The grazing of stock in wetlands should be prohibited because of the adverse effects of stock on wetland values and the potential reduction of the wetlands ability to denitrify nitrates in water. This prohibition is also required to enable landowners to account for the denitrifying role of wetlands when carrying out their Overseer 28 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT nutrient budgeting. However this prohibition needs at least 7 years to be implemented. Page 95-96 Rule 73 Support in part. Retain the rule with a new condition inserted into paragraphs (a) and (b): Gravel should not be taken from bare gravel bar as (vi) The gravel shall not be taken from any bare gravel bars. a permitted activity as this gravel is essential for the stream or river functioning and is important in maintaining fish habitat. Page 97 Rule 74 Support. Retain Rule 74 as notified. This rule will protect wetlands in Southland. This rule is consistent with the RMA in particular Part 2 and gives effect to Council functions under s30 and the pRPS. Page 98-99 Rule 76 Support in part. Retain Rule 76 with the following amendments; Protection of bare gravel bars is essential for Insert a new condition in paragraph (a); roosting and nesting of braided. (iv) no planting is undertaken on bare gravel bars. Amend (b)(ii) to read: (ii) there shall be no bed disturbance of any bare gravels that can be used as roosting and nesting areas of the black fronted tern, black billed gull, and banded and black fronted dotterel; Page 100 Rule 78 Support in part. Amend Rule 78 to read; Sediment removal can include gravel which is Rule 78 – Weed and sediment mud removal for drainage maintenance essential habitat of fish. Mud removal only should (a) The removal of aquatic weeds and plants and sediment mud from any modified be permitted, with a small percentage of gravel watercourse for the purpose of maintaining or restoring drainage outfall and any able to be removed. It is suggested a maximum of associated bed disturbance and discharge resulting from the carrying out of the 5% of the sediment removed should be gravel. activity, is a permitted activity provided the following conditions are met: Sediment removal can have significant adverse (i) the activity shall be undertaken solely to maintain or restore the drainage effects on threatened indigenous fish. A permitted capacity of a modified watercourse that has previously been modified or maintained activity allowing removal of weed and sediment in for drainage maintenance/restoration purposes at that location; the habitats of Gollum and alpine galaxiids is (ii) the activity shall be restricted to the removal of aquatic weeds and plants and/or inappropriate. sediment mud deposits for drainage maintenance/restoration purposes; (iii) any incidental bed disturbance and removal of gravel shall be only to the extent that it is necessary to undertake the activity and shall be kept to the absolute minimum and the gravel removed shall comprise not more than 5% of the total sediment removed ; (iv)-(xiii) Retain as notified. (xiv) the modified watercourse is not a habitat of Gollum or alpine galaxias as shown in the Appendix of this submission. Retain (b) as notified Page 101 Rule 79 Oppose. Delete Rule 79. 29 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT High country burning is opposed as it is an inappropriate activity and is contrary to the RMA in particular Part 2. Glossary Definitions A number of terms used in the plan have not been Review the plan and include definitions where it is required. general defined. An example is Long term base.

Page 109 Glossary A definition of ecosystem services is missing. Include the definition of ecosystem services as agreed for the proposed Southland Regional Policy Statement. Page 115 Glossary Oppose in part. Amend the definition of Q95to read The definition of Q95 should refer to the This is the naturalised flow that is exceeded 95% of the time during the year. naturalised flow which is exceeded 95% of the time during the year. Page 119 Glossary Oppose Delete the definition of wetland boundary. The definition of wetland boundary is opposed as it will result in development of the margins of wetlands including for example streams which collect water from the wetlands. The definition is contrary to s5, 6(a), 6(b) and 6(c) RMA APPENDIX A Page 120- Appendix A Support in part. Amend Appendix A after consultation to read; 121 Regionally A number of regionally significant wetlands are Significant missing from Appendix A. Regionally significant wetlands Wetlands This table requires further investigation on the Awarua Plain - Southland Estuaries including: values of wetlands such as on the Lower Mataura Waituna Scientific Reserve flood plain on land managed by Southland Regional Seaward Moss Muddy Creek and adjacent wetlands Council. Wetlands adjoining Awarua Bay Consultation should take place with land managers Wetlands adjoining Bluff Harbour by Council before the request for further Wetlands adjoining New River Estuary submissions is notified by Council. The Department Wetlands adjoining Fortrose Harbour (including lower Mataura and Titiroa River is willing to assist in this process. A large number of catchments wetlands) these wetlands are fully or partially on land Toetoes wetland complex managed by the Department of Conservation. Aparima catchment When nutrient limit modelling is being undertaken, Mt Hamilton Station wetlands farmers should receive the benefits of these Hamilton Burn Flats wetland) wetlands in particular their ability to denitrify Centre Burn wetland So Big wetland complex (including Chewings Road and water and trap other contaminants and reduce the Moss Burn wetland) per hectare loss of nitrogen from their land Braxton Bog holding. This will reward good farmers during the Waterloo Burn wetland 30 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT FMU process. Aparima Forks wetland Secondly the wetlands should be listed to their Aparima Huts wetland complex catchment if possible. Castle Downs Bog (Hamilton Burn), Jacobs River Estuary Thornbury Peatland Wrights Bush Peatland Big Lagoon Long White Lagoon

Fiordland including Fiordland National Park and Te Wähipounamu South West New Zealand World Heritage Area including Note there are numerous lakes and river systems which are in natural state and are regionally significant wetlands Waiuna Lagoon, Big Bay Pyke Valley (including Lake Alabaster and Lake Wilmott)) Lower Hollyford/Martins Bay wetlands Transit Valley wetlands Sutherland Sound Lake Hauroko Wetland Back Valley Grebe Valley

Stewart Island Rakiura Freshwater Valley to upper Ruggedy Flats Island Hill Flats Rakeahua Valley wetlands Table Hill Toetoes Flats

Waiau Catchment (and associated wetlands Deer Flat wetland, Eglinton Valley Retford Stream wetland Bog Lake and Adjacent wetlands Lake Mistletoe Te Anau Downs wetland Pleasant Bay wetland Henry Creek wetland 31 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Dunton Snowdon Forest wetland Takaro wetland Dale bog pine wetland Dome -Dismal swamp-Lake Te Aroha Eweburn Farm wetlands Lookout Hill wetland Sinclair Road Dale Lake and wetland Big Bite (Glen Echo Station) Lake Echo-Lady Burn-Dale Creek Mt Prospect Road wetlands Kākāpō Swamp Dawson City/Mt Prospect wetlands Lake Luxmore Waiau Terrace wetland Rainbow Reach oxbow lake wetland Balloon Loop, Waiau River AmoeboidSwamp, Kepler Tack Kepler Mire Home Creek Wildlife Management Reserve Freestone Hill wetland Lake Rakatu/Back Valley/Richters Rock wetland complex Redcliffe Reserve Rakatu Wetlands Waiau Valley/Borland Burn wetlands (two separate wetlands) Borland Mire Grebe Valley wetlands Borland Saddle-Mt Burns Chocolate Swamp, Dean Forest Hindley Burn wetland, Lillburn Valley Lillburn wetland Wairaki Lagoon Leitham Burn wetland Wairaki River wetland Sharp Ridge wetland Feldwick wetlands Blue Bottle Swamp, Morley Stream wetland 32 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Waiau Lagoon, Waiau River mouth Lake George Lake Thomas Te Waewae Lagoon Lagoon Creek Wildlife Management Reserve

Others wetlands for consideration: Upper Mararoa (Boundary Hut) wetland Old Man Swamp Stony Creek wetland Ramparts Scenic Reserve Home Creek (Waiau Trust) wetland Upper Lillburn Valley wetland

Oreti Catchment Hidden Burn wetland (upper Oreti Valley) Upper Oreti valley Wash Creek wetland Weydon Burn Dunearn wetland Drummond Swamp Taramoa peatland Otakau Stream wetland Lake Murihiku Oreti Beach coastal turf/wetland Ferry Road /Oreti Beach lagoon Oreti Beach gravel Lower Waihopai River rushland Lower Hogkinson Road peatland Hokonui south-east peatland Grove Bush peatland Makarewa peatland Taylor Road wetland Titipua Stream tussockland Pebbly Hills swamp Cross Road swamp College Stream swamp Southdowns swamp 33 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Downs Road North tussockland Brydone West tussockland Downs Road tussockland Spurhead swamp

Others wetlands for consideration: West Dome Stn wetland

Mataura Catchment Five Mile swamp (wetland in ancient Lake Wakatipu lake outlet) Nokomai Mount Tennyson stringbog system (Dome Burn and Roaring Lion Creeks) Garvie Mtn Lakes and associated wetlands Blue Lake wetland Gow Lake wetland Scott Lake wetland Glenaray Station alpine wetlands (with Welshmans, Upper Waikaia West Branch and Upper Waikaia East Branch catchments Campbell’s Creek wetlands Pukerau Red tussock Scientific Reserve Lake Vincent Lake Brunton Otara Waipapa Beach dune slack wetlands Lake Cook and wetland Haldane estuary and adjacent wetlands The Reservoir

Waikawa Harbour margins

Waimatuku Catchment Big and Little Bayswater Bog Drummond Peat Swamp (Isla Bank) Waimatuku Peatland Big Lagoon Waimatuku Estuary So Big Lagoon Others wetlands for consideration: ES Mataura Flood Plain wetland Page 181- Appendix K Support in part. Critical value Fishery quality Significance ranking % Habitat retention 184 Surface Water The natural Q(5) should assist in protecting fish Large adult trout – High 1 90 100 34 PC REF PLAN PROVISION POSITION AND REASON RELIEF SOUGHT Appendix habitat. perennial fishery Hover Method 2 fails to protect the habitat of adult Diadromous galaxiid High 1 90 100 brown trout and will reduce the available habitat to Non-diadromous galaxiid - 2 1 80 100 the detriment of indigenous fish that live on the Trout spawning/juvenile High 3 70 margins of the river. Some of these fish are rearing Large adult trout – Low 3 70 threatened. perennial fishery The table also fails to protect braided river birds Diadromous galaxiid Low 3 70 nesting on islands. Loss of islands enables predators Trout spawning/juvenile Low 5 60 such as cats to cause significant chick mortality. rearing This is important in the spring period until end of Redfin/common bully, and - 5 1 60 100 December. Torrent fish

It also fails to protect the habitat of the swift water suite of indigenous fish in particular redfin/ bluefin bully and include torrent fish with the bullies.

Page 187 Appendix L Oppose. Amend Table Y2 Management Approach Table Y.2 Moderate takes have had significant cumulative No specific Minimum flow restrictions will be imposed on the groundwater take. effects on the flows of spring feed creeks which have significant indigenous biodiversity values. Page 200 Appendix N Support in part. Amend Table 1 to include all key transport pathways as outlined in this submission. Update Table 1 to reflect the key transport pathways as described in Council’s science and summarised in our Submission on Physiographic Zones. Page 205 Appendix Support in part. Amend Appendix Q to; Q This table needs to be updated to include all Amend to include estuaries. wetlands and lakes sensitive to a decline in water Include all Lakes and wetlands in Te Wähipounamu South West New Zealand World quality included in Appendix A. In wetlands a Heritage Area. decline in water quality can change the wetland Include the Lower Waiau River Arm of Lake Manapouri type. Include all lakes, lagoons and estuaries in Appendix A. Lakes and wetlands in Te Wähipounamu South Include all wetlands from Appendix A where surface water enters the wetland. West New Zealand World Heritage Area are sensitive as part of their justification for being a World Heritage Area is their pristine water quality.

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