Screenworks Ltd www.rmps.work

FORM 9: APPLICATION FOR RESOURCE CONSENT

UNDER SECTION 124 OF THE

RESOURCE MANAGEMENT ACT 1991

Kowai River Gravel Extraction

To: Environment Canterbury

Southern Screenworks Ltd, applies for the resource consent described below:

1. The names and addresses of the owner and occupier (other than the applicant) of any land to which the application relates are as follows:

The owner of the land is The Crown that is managed through LINZ – Private Bag 4721 Christchurch Central 8140.

1. The land to which the application relates is:

The application relates to the Kowai River. The site is identified as LINZ Primary Parcel 6911718.

2 The type of resource consent sought is as follows:

Land Use Consent

3. A description of the activity to which the application relates is:

The applicant seeks resource consent for the following activities: ● Extract gravel from the bed of the Kowai River.

The subject sites are shown on the plan attached marked Attachment A and within the individual Gravel Availability Advice.

4. The following additional resource consents are required in relation to this proposal and have or have not been applied for:

Not applicable.

5. I attach an assessment of any effects that the proposed activity may have on the environment in accordance with section 88 of, and the Fourth Schedule to the Act:

N/A

1 Screenworks Ltd www.rmps.work

6. Attach other information (if any) required to be included in the application by the district plan or regional plan or regulations.

All information is contained in the application and the plans provided.

7. Where the application is for subdivision consent...

No subdivision consent is sought.

DECLARATION

The Council relies on the information contained in this application being complete and accurate. The Applicant must take all reasonable steps to ensure that it is complete and accurate and accepts responsibility for information in this application being complete and accurate. If signing as the Applicant, l hereby represent and warrant that I am aware of all of my obligations arising under this application including, in particular but without limitation, our obligation to pay all fees and administrative charges (including debt recovery and legal expenses) payable under this application as referred to the Fees Information section.

If signing as agent of the Applicant, l hereby represent and warrant that I am authorised to act as agent of the Applicant in respect of the completion and lodging of this application and that the Applicant is aware of all of its obligations arising under this application including, in particular but without limitation, their obligation to pay all fees and administrative charges (including debt recovery and legal expenses) payable under this application as referred to the Fees Information section. ……………………………………. on behalf of Southern Screenworks Ltd 4th May 2021 …………………………………………

Address for service of applicant: RMPS 5 Lune St, Oamaru Telephone: 027 24 24 876 Email: [email protected]

Address for accounts: Southern Screenworks Ltd 50 Bealey Rd Aylesbury 7671

Attention: Brett Swain 027 435 3979

2 Screenworks Ltd www.rmps.work

1. Introduction

Southern Screenworks Ltd. (the Applicant) seeks a Resource Consent, pursuant to Section 13 of the Resource Management Act 1991 (RMA), relating to the extraction of gravel from two (2) sites on the Kowai River.

Site A (Keens Road) – proposes the extraction of 20,000m³ of gravel from the bed of the Kowai River over a period of 5 years. An average maximum of 4000m³ per annum.

Site B (SH73) - proposes the extraction of 20,000m³ of gravel from the bed of the Kowai River over a period of 5 years. An average maximum of 4000m³ per annum.

Accordingly, this document is a resource consent application, including an Assessment of Effects on the Environment (AEE), to enable establishment and operational activities associated with an aggregate extraction from the Kowai River.

This AEE complies with the requirements of the Fourth Schedule of the Resource Management Act 1991. This AEE confirms while the proposed activity, specifically the extraction, processing and stockpiling of gravel, is defined as a “Discretionary Activity” by virtue of Rule 7.4(a) of the Waimakariri Regional River Plan.

Accordingly, it is concluded, with due respect, that the Application may be granted, subject to appropriate Conditions of Consent.

1.1 Overview of the Activity

Screenworks is seeking to renew resource consent CRC166199 for the excavation of river gravel (aggregate) from the Kowai River in Selwyn District.

Resource consents CRC166199 and CRC171152 were originally granted in favour of Fulton Hogan.

CRC166199 was granted on the 5th August 2016 for a period not exceeding five (5) years. The consent authorises the quantity of gravel, sand and other natural material excavated from the bed of the Kowai River shall not exceed 45,000 cubic metres, with maximum volumes from each site as follows: A. Site 1: A total of 20,000 cubic metres over the consent duration; and a total of 4,000 cubic metres in any 12-month period; B. Site 2: A total of 5,000 cubic metres over the consent duration; and a total of 2,000 cubic metres in any 12-month period; C. Site 3: A total of 20,000 cubic metres over the consent duration; and a total of 5,000 cubic metres in any 12-month period.

The consent authorises the extraction of 45000m³ from three (3) discrete sites on the Kowai River.

CRC171152 was granted on the 5th August 2016 for a period of five (5) years. The consent authorises the discharge dust to air from gravel extraction and stockpiling.

These resource consents were transferred to Screenworks from Fulton Hogan on the 25th March 2021. (Attachment B)

This application is for a renewal of CRC166199 and is made under s124 of the Act. The scale and character of the existing consented activity will however decrease as Screenworks is only interested in extracting gravel a

3 Screenworks Ltd www.rmps.work maximum of 20000m³ from two (2) locations (40000 m³ in total) over the duration of the consent. CRC166199 authorised the extraction from 3 sites.

The application is subject to the provisions of the Waimakariri River Regional Plan.

Gravel aggregates are proposed to be excavated from the bed of the Kowai River at two sites as illustrated within the Gravel Availability (Attachment C).

No change to either the location or extent of the two sites from that which is currently provided for is proposed.

1.2 Consent Sought

The application seeks the renewal of the existing consent CRC166199 and is lodged pursuant to section 124 of the Act.

A term of five (5) years is sought for this activity.

Consent is not being sought to renew CRC171152 as the applicant has the ability to rely on its existing global consent - discharge of contaminant to air (CRC171920).

No additional consents are being sought from ECan. The proposal does not involve working in flowing water, or does it involve the damming or diversion of water.

The application does not require the removal/clearance of riparian vegetation or will the extraction compromise the integrity of existing engineering structures and defences against water.

1.3 Background

Southern Screenworks Limited (Screenworks) is a major provider of aggregate and quarry materials in the Christchurch, North Canterbury and Kaikoura areas. Screenworks holds several resource consents authorising the extraction and processing of river gravels and is implementing procedures designed to continually improve the Company’s health, safety, and environmental performance.

Screenworks have been in existence for over twenty-five years and are involved in the extraction, processing and stockpiling of gravel for roading, rail, construction, subdivision and building aggregates. A significant portion of the aggregate is supplied for use in State Highway and local roading upgrade and maintenance works. This aggregate meets New Zealand Transport Agency (NZTA), local authority and project specific engineering technical specifications.

The proposed extraction and processing of river gravels from the Kowai River will provide raw material and processed aggregate material suitable for use in the maintenance of the state highway network for NZTA.

Ice grit is a commodity produced and is widely used for road safety particularly during the winter months along the Porters Pass and alpine areas west of the extraction site.

The material will also assist Selwyn DC with its roading infrastructure.

4 Screenworks Ltd www.rmps.work

The material will be stockpiled so that it can be accessed as and when required during both the winter months and road maintenance season. Maintenance metalling tends to occur over the Spring-Autumn seasons however the scale and extent of the works will vary from year to year.

Given the above, the demand for aggregate is inconsistent and as a result there is a requirement for flexibility around permitted annual volumes and stockpile sizes.

2. Site Description

2.1 Site Description

The proposed gravel extraction site is the bed of the Kowai River. The site is identified in Attachment A.

The areas subject to the extraction are Crown Land which is administered by LINZ. The Kowai River is within the rohe of Te Runanga o Tauhuriri and is a Statutory Acknowledgement Area under the provisions of the Ngai Tahu Claims Settlement Act 1988. The areas subject to the proposed excavation are not identified on Canterbury Maps as Silent File Areas however they are identified as Runanga Sensitive - Mahinga Kai.

The immediate area is characterised by agricultural land and gravel extraction. SH73 adjoins to the south.

2.2 Background

The riverbed has an abundance of gravel as evidenced in the Gravel Availability advice approved by ECan (dated 22nd March 2021) who note that it ‘does not meet the Gravel Authorisation criteria.’ A copy is attached to this application for resource consent (Attachment C).

As stated in Part 1.2, the application seeks the renewal of the existing consent CRC166199 and is lodged pursuant to section 124 of the Act. CRC166199 was originally issued to Fulton Hogan who on the 25th March 2021 transferred this consent to Screenworks. (Attachment B).

2.3 Resource consents held in the neighbouring area.

The immediate area has a history of gravel extraction and Table 1 (below) shows the resource consents held for similar activities in the area covered by this application.

Table 1: Resource consents held in the area covered by this application. Consent No Holder Name Consent Type Volume (m³) CRC166199 Fulton Hogan Excavate gravel area 45000 CRC170634 Fulton Hogan Discharge to water CRC201645 Gemmell Contracting Excavate gravel area 5000 CRC183085 Southern Screenworks Excavate gravel area 3000

5 Screenworks Ltd www.rmps.work

3. Proposal & Description of the Proposed Activity

3.1 Gravel extraction and processing site

The gravel extraction will be undertaken on Crown Land (managed by LINZ), specifically in the bed of the Kowai River at the two locations that are detailed within the Gravel Availability advice.

Screenworks is proposing to extract river-run gravel from the bed of the Kowai River. The proposal involves low impact extraction methods (beach skimming with a front-end loader) to obtain river-run gravel for processing as specified grades of aggregate. This technique is commonly used for extraction and is the most effective method for this purpose.

The Availability advice confirms that for Site A ‘the average extraction depth should not exceed 1 m.’

The Availability advice confirms that for Site B ‘an average bed level reduction of 0.5 m is achievable. I note that there are some areas that could support extraction up to 1.5 m in depth, particularly closer to the D/S end of the area.’

Establishment and operation of the gravel extraction and processing will involve: • Extraction of gravel to a maximum depth of 0.5 – 1.50 metre below the current riverbed level, using a loader. It is acknowledged however that this depth is not achievable across the consented area and the GA advice make mention of this. • Stockpiling windrows of aggregate material in preparation for processing • Processing aggregate material using a Jaw Crusher, Cone Crusher and Power screen to crush and filter the aggregate to New Zealand Transport Agency (NZTA) specifications. • Loading of road truck & trailer units with processed aggregate, using a loader • Site rehabilitation (post-extraction the area will be remediated).

No extraction will occur within river channels or braids that contain flowing water. Excavation will be limited to a maximum depth that which accords with the Availability advice and no greater than 300mm below the natural riverbed level prior to excavation.

No excavation will occur within 200m of any structure and 10.0m of riverbanks, flood protection works and defences against water.

The Advice also confirms that stockpiling is to be located in the established stockpile area on private land, owned by JanzAlpine Limited and therefore requires approval from the landowner. All other riverbed areas are LINZ managed Crown Property. As such, a s165 license will be required for extraction in the area.

The proposed activities vary in their intensity. There will be periods of relative intensity when the screening and crushing machinery is on-site and are operating. There are also periods of significantly less intensity when the site activities relate to wind-rowing material in preparation for processing and loading trucks. During these periods screening and crushing machinery is either not operating or is not on-site.

Where works cease for long periods for prolonged periods, and on completion of extraction, each site shall be restored to its original condition as far as practicable.

6 Screenworks Ltd www.rmps.work

3.2 Excavation Volumes

As advised, Screenworks is seeking the renewal of resource consent to excavate the Kowai River bed and related activities associated with excavation, processing and stockpiling of upto 40000m³ of aggregate with an average of 4000m³ per site in any 12 month period.

It is proposed to extract up to 20000m³ from site 1 over the duration of the consent with an average maximum of 4000m³ in any 12 month period.

For site 2, a total of 20000m³ is to be extracted over the 5-year duration of the consent with an average maximum of 4000m³ in any 12 month period.

3.3 Structures

As far as practicable, vehicles and machinery shall not enter flowing water. The Availability Advice makes the following comment:

Some areas, particularly on the left bank, require crossing of the main channel. Please ensure to either meet permitted activity rules of the LRP, or alternatively, include appropriate s14/NES applications alongside your gravel extraction application.

Where required, the installation of temporary bridges or culverts that accord with the provisions of Rule 5.151 (Plan Change 7) and Cl 70-71 NES Freshwater may be necessary on occasion to minimise vehicles entering/traversing flowing water.

3.4 Screening, Handling, Deposition & Stockpiling

No crushing, screening or other processing of excavated material will occur within the bed of the Kowai River. Processing will occur on adjoining elevated bermlands that have been utilised in previous campaigns.

It is important that plant and material are located on elevated land so that they are not in the venet of flooding subject to inundation. In doing so this also eliminates the environmental risk from potential discharges of hydrocarbons or other substances.

Stockpiles will be aligned parallel to the river. Temporary stockpiles will be established within the riverbed and will be removed within one-month of deposition, before being relocated to private land, outside of the riverberm.

3.5 Diversions

No works are proposed within flowing water, except where necessary to install culverts or crossings as detailed above. All works will be undertaken in a manner that minimises the discharge of sediment and will take the passage of fish into account.

3.6 Access

The nominated sites have existing points of access to and along the bed of the Kowai River and will be utilised for this application. No new or additional accesses are therefore required.

7 Screenworks Ltd www.rmps.work

Canterbury Maps evidence the existence of a marginal strip on the true right of the Kowai River however it is located outside of the proposed extraction area. A Concession is therefore not required.

The Availability advice also makes the following comments:

The historically used access and stockpiling location is on private land, owned by JanzAlpine Limited and therefore requires approval from the landowner. All other riverbed areas are LINZ managed Crown Property. A s165 license will be required for extraction in the area. A small portion of the riverbed is also designated DOC marginal strip. This area has been excluded from the included extraction map.

3.7 Details of Plant

The exact plant and equipment will vary due to plant servicing requirements and the specific aggregate product required. Furthermore, the configuration of plant items (Jaw Crusher, Cone Crusher and Power screen) will depend on the size of the raw material and the aggregate product specifications.

All plant and equipment may have previously operated on site.

Subject to appropriate mitigation measures, the effects on the environment are temporary and no more than minor.

3.8 Sensitivity of the environment

The sensitivity of the environment is considered to be a low to medium risk as the immediate area has been subject to a number of gravel extraction campaigns given the catchments rate of replenishment.

Before gravel extraction commences (Sept-Feb) an assessment is made of the bird nesting within the target area to make sure the conditions of the gravel extraction consent can be complied with.

3.9 Rationale for proposed Gravel Extraction Volume

Screenworks acknowledge that the request for authority to extract and process 40,000m³ of river gravel does not exceed the maximum volume guidance contained in the ECan Gravel Management Strategy (GMS) however it does not accord with the maximum 12 month consent duration established for guidance in the GMS.

The river has a surplus of material available as evidenced in Table 1 and this point is illustrated by the River Gravel Officer who makes the following comment:

‘The extraction area is located within a steep catchment. Over the three km from U/S to beyond the bridge on SH, the elevation drops by 94m overall. The extraction area widens significantly, acting as a deposition zone (incl. reduced steepness), and has therefore historically seen accumulation of gravel, which has supported continuous extraction activities over the years. The approx. annual deposition is, however, unknown. There have been no signs of over extraction on site.

In addition, there is little other demand for gravel at this location as evidenced by the number of consents granted at this location.

8 Screenworks Ltd www.rmps.work

The aggregate is required for the NZTA and Selwyn District Council’s roading maintenance contracts and the Kowai River is the most economical source of river gravels, due to its rates of replenishment and proximity to the sections of the road infrastructure requiring maintenance.

3.10 Consent Duration

As advised in Part 1.2, a five year duration of consent for the activity is sought. The applicant is confident that this as a minimum is appropriate due to the volume of material that is required to satisfy both State Highway and District Council roading maintenance contracts.

The reasons behind this duration are cost and certainty given the nature of the proposed activity, security of resource and availability of supply but more importantly the strategic importance and location of the resource of established extraction areas for regional roading development, operation, maintenance and civil projects.

With respect to the above, a degree of flexibility is required which recognises the realities and seasonal effects of weather on the road network, the influence of work schedule of Council Long Term Plans, annual planning and budget regimes undertaken by local authorities, NZTA and the importance of the availability of affordable aggregate to the local, regional and national economy.

There is also the requirement that the point source is close to market so the Kowai River represents the most economical source of river gravels, due to its proximity to the sections of the road infrastructure requiring maintenance. The requirement for material to be transported distances would result in a substantial increase in cost to the wider community and in terms of overall project could in fact be cost ineffective .

4. Legal & Planning Provisions

4.1 Land use consent to disturb the bed of the river

4.1.1 The Resource Management Act (1991)

Section 13 of the RMA (Restriction on certain uses of beds of lakes and rivers) states:

(1) No person may in relation to the bed of any lake or river,- (a) use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or (b) excavate, drill, tunnel, or otherwise disturb the bed; or (c) introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; or (d) deposit any substance in, on, or under the bed; or (e) reclaim or drain the bed - unless expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent. (2) No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity— (a) is expressly allowed by a resource consent; or (b) is an activity allowed by section 2A. (2A) The activities are— (a) to enter onto or pass across the bed of a lake or river:

9 Screenworks Ltd www.rmps.work

(b) to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river: (c) to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river: (d) to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river. (3) This section does not apply to any use of land in the coastal marine area. (4) Nothing in this section limits section 9.

Comment: The proposed activity will involve vehicles/machinery entering and passing over the bed of a river and the damage and disturbance of plant or habitats of animals contravenes a rule in the plan and requires resource consent.

4.2 Section 124 of the Act.

The River Gravel Officer in advice dated 22 March 2021 states the following:

I also note that under the Waimakariri River Regional Plan, the site may still be subject to s124 provisions in the RMA, meaning that priority for consent renewal has to go to the current consent holder, Fulton Hogan, for the same volume as the previous consent (i.e. 20,000 m³)

Given the current availability of 25,000m³ and a further allowance of 4,000m³ under CRC166199, it would leave 21,000m³ available for further applications, of which 20,000m³ may be considered for renewal priority. The consents planner will therefore have to determine whether a) s124 applies in this instance and therefore b) the application is placed on hold until confirmation has been received by FH. Should FH wish to pursue a renewal application, it will have to be considered first.

Comment: The issue of s124 is interesting given that another application has been made for this area by Gemmell Contracting. The Gravel Officer acknowledges this by stating that ‘I have received two availability requests for this area within two hours of each other. The availability will be forwarded to both parties at the same time.’

The issue of ss124A-124C was addressed in the High Court (Fogarty J, 2011) in relation to Christchurch Ready Mix Concrete Limited v Canterbury Regional Council [2011] NZEnvC 19.

Canterbury Ready Mix Concrete Limited applied to the Environment Court seeking the following declaration:

Section 124B of the resource Management At 1991 applies where (a) a person hold an existing resource consent pursuant to section 13 of the Act and the activity consented includes both the disturbance of the bed of the river and all aspects of the extraction of gravel; storage; stockpile and traffic movements associated with the removal of the aggregate resource; and (b) the person makes an application affected by section 124; and (c) the consent authority receives one or more applications for a resource consent that: (i) are to undertake the same activity within the same area to which the existing consent relates; and

10 Screenworks Ltd www.rmps.work

(ii) could not be fully exercised until the expiry of the existing consent, in that the volume of material available is insufficient to supply the volume sought in the application affection by section 124, and the other application for the same resource.

The application was subsequently declined by the Environment Court Judge. However, on appeal, the High Court granted the general declaration sought earlier by Canterbury Ready Mix Concrete Limited. by in its declaration to Christchurch

Relevance to Screenworks: Given that Screenworks is the consent holder, the provisions of s124B(3) will therefore apply should additional applications be made for this section of river.

For applications by persons who are not the existing consent holder e.g. Gemmell Contracting, the provisions of s124C apply. The provisions of s124C(5) are explicit in that:

If the holder of the existing consent makes an application affected by section 124 more than 3 months before the expiry of the consent, the consent authority must hold the application described in subsection (1)(a) until the determination of the holder’s application and any appeal

Given that the consent holder (Screenworks) is making an application under s124B more than 3 months before its expiry of the consent authority is required to undertake the following in accordance with s124C(2).

The consent authority must— (a) hold the application without processing it; and (b) notify the holder of the existing consent— (i) that the application has been received; and (ii) that the holder may make an application affected by section 124.

It is our expectation that ECan will uphold the provisions of the Act and provide an assessment and determination of an application made by the holder of the existing consent before entertaining any applications from persons who are not existing holders of the consent.

4.3 Waimakariri River Regional Plan (WRRP)

This application is for a renewal under the provisions of the WRRP. The WRRP has been operative since 23rd October 2004 and applies to the entire Waimakariri River Catchment excluding the area seaward of Ferry Road which lies in the CMA.

The WRRP is the dominant regional plan and prevails over the NRRP and the LWRP as prescribed in Part 2.8 of the LWRP.

The diversion of water associated with the placement of temporary culverts is not controlled by the WRRP where there is a specified permitted activity rule in the CLWRP - Rule 5.151 (Plan Change 7).

Part 7 of the Plan relates to River and Lake Beds.

11 Screenworks Ltd www.rmps.work

Rule 7.1 permits the disturbance of bed material provided ít is less than 10 cubic metres per week and less than 50 cubic metres per annum per person’.

Rule 7.1 (b) relates specifically to the excavation, drilling, tunnelling, or other disturbance of the bed.

Rule 7.4 states that any disturbance of bed material greater than that allowed by Rule 7.1 falls to be considered as a Discretionary Activity.

The following activities in the Waimakariri River Catchment, where not provided for as a permitted activity in Rules 7.1, 7.2 or 7.3, or a prohibited activity in Rule 7.5 in Chapter 7 of this Plan, are discretionary activities: (a) the disturbance of the bed of any river;

The proposed activity includes: ● excavation and deposition of bed material ● disturbance of flora and fauna ● placement and use of structures (temporary culverts).

Consequently these activities have the status as a Discretionary Activity under Rule 7.4() Deposition, (d) Disturbance of plants and animals and (e) Placement and use of structures.

4.4 Canterbury Land & Water Regional Plan (CLWRP)

As stated in Part 4.3, the LWRP Rules defer to the WRRP, the provisions of the CLWRP are not considered relevant to this application.

4.5 Canterbury Air Regional Plan

Rule 7.35 provides for the discharge of dust to air from gravel processing as a Permitted Activity:

The discharge of contaminants into air from the handling of bulk solid materials is a permitted activity provided the following conditions are met: 1. The discharge of dust does not cause an offensive or objectionable effect beyond the boundary of the property of origin, when assessed in accordance with Schedule 2; and 2. The handling occurs indoors, or where the handling occurs outdoors the rate of handling does not exceed 100t per hour; or 3. Where handling occurs outdoors on less than 21 days per calendar year, the rate of handling does not exceed 250t per hour; and 4. Where the handling occurs outdoors and the rate of handling exceeds 20t per hour, a dust management plan is prepared in accordance with Schedule 2 and implemented by the person responsible for the discharge into air; and 5. The dust management plan is supplied to the CRC on request; and 6. The discharge does not occur within 200m of a sensitive activity, wāhi tapu, wāhi taonga or place of significance to Ngāi Tahu that is identified in an Iwi Management Plan; and 7. Notwithstanding condition 6, where the discharge is from production blasting at a quarry site the discharge does not occur within 500m of a sensitive activity wāhi tapu, wāhi taonga or a place of significance to Ngāi Tahu that is identified in an Iwi Management Plan.

Comment: In optimal conditions, a basic cone and screen operation can produce/process 125 tonnes of material per

12 Screenworks Ltd www.rmps.work hour. As such the proposal does not comply with Rules 7.35(3) and (4) as the rate of handling will exceed 21 days per calendar year and 20 ton per hour.

Resource consent would therefore be required however the applicant has the ability to rely on its Global Consent – CRC171920 that authorises the discharge of contaminants to air from a mobile crushing and screening plant.

4.6 Application Status

Overall, it is considered that the activity is a Discretionary Activity under Rule 7.4(a) of the Waimakariri Regional River Plan.

5. Assessment of Environmental Effects

5.1 Tangata Whenua

The application site falls within the rohe (territory) of Ngai Tahu Runanga, and is not within, adjacent to, or likely to affect a Statutory Acknowledgment Area or a Silent File Area. There are no known values of particular significance to Ngāi Tahu at the site.

Ngai Tahu considers that each water body possesses its own Mauri or life force and has its own status or mana that is safeguarded by tribal guardians or kaitiaki. The essence of this life force can be compromised or lost when the natural characteristics of the river or lake are altered significantly by changing the pattern of flows or levels by damming, by excessive abstraction of water, or by diverting or mixing water between different catchments.

Mahinga kai, including the management and collection of traditional food and other resources, is highly valued by Ngai Tahu. They have long been concerned about the decline in the quantity and quality of mahinga kai because of changes in the flow regime and water quality of rivers. The abstraction of water from some rivers, for example, has reduced flows such that at times there is insufficient water to maintain aquatic habitats and to allow the movement of fish upstream and downstream.

Many wahi tapu sites are found within, or close to, water bodies. For example, some rivers, springs and lagoons were used as water burial sites. These sites are vulnerable to inundation when dams are built, or lake levels raised. Conversely, low river flows can expose sites making them vulnerable to desecration.

The rivers and lakes of the Waimakariri River Catchment are of great significance to Ngai tahu, particularly the lower plains tributaries as a source of mahinga kai. Screenworks recognises that the Kowai River is a water body of significance to tangata whenua iwi and is identified as a Rūnanga sensitive area (Mahinga kai) on Canterbury Maps.

It is considered that any effects on tangata whenua values will be mitigated due to the following: ● The proposed activity does not interfere with cultural values, the relationship of Maori to land and water, kaitiakitanga and the Treaty of Waitangi as stated under Part 2 of the RMA. ● The proposed activity is consistent with the policies described in the Mahaanui lwi Management Plan; ● The location of the proposed activity is unlikely to have any adverse effects on sensitive areas such as lakes, rivers and streams that are any more than minor; and ● The proposed activity is not within, adjacent to, or likely to affect a Statutory Acknowledgement

13 Screenworks Ltd www.rmps.work

Area or a Silent File Area. ● All proposed discharges will be of a very limited scale and nature and will comprise only residual in-situ natural water and localised bed material ● No effluent discharges will occur ● Any works in water will be of a temporary nature (temporary culverts) ● Should kōiwi tangata (human bones) or taonga (treasured artefacts) be uncovered during the extraction operation, Screenworks Ltd will act in accordance with standard accidental discovery protocols. ● Any effects on mahinga kai and aquatic ecosystems will be less than minor ● Mitigation measures are proposed to manage the nature and scale of discharges

As such, the potential adverse effects on Tangata Whenua values are less than minor.

5.2 Effects on Amenity Values

The proposed activity may adversely affect amenity values of the river including natural features and landscape through the generation of noise and fumes, whilst the extraction will modify the current natural shape of the riverbed and the retention of stockpiled material can also be visually intrusive. Mitigation features such as excavation depth, limits of the size, location and duration of stockpiles, rehabilitation of the site at the conclusion of each campaign and operational hours will assist in mitigating any adverse effects.

The visual effects resulting from the extraction are only temporary and the applicant has also proposed to ensure that on completion or abandonment of works all deposits of gravel, sand and other natural material will be levelled to the natural bed level and the works area will be reshaped and formed to a state consistent with the surrounding natural riverbed. In addition, all rejected material will be removed from the riverbed.

Although the works may potentially cause visual annoyance, the works will be consistent with the existing rural setting and the fact that extensive gravel extraction has previously occurred within the general area.

The site has partial screening when viewed from SH73. The retention of roadside vegetation will assist with its visual integration. These mitigations assist with the maintenance and enhancement of visual amenity.

There is potential for discharge of contaminant to air (dust) however the applicant will default to its existing Global Consent for the management of any effects.

5.3 Effects on Recreational Values

As detailed, the Kowai River holds natural character and important amenity value for the local community and the Canterbury region. The river holds important value for boating, sport fishing, hunting and 4WD recreation. Due to these designations associated with the Kowai River, the area is often frequented by recreational users.

Public access will not be restricted beyond what is required to protect public health and safety. There will however be a restriction on public access through the extraction/working area during operational periods.

Recreational users may also be affected due to the presence of increased hazards - paddocks and stockpiles within the riverbed. Gravel extraction within this section of the Kowai River is certainly not a new activity

14 Screenworks Ltd www.rmps.work and recreational users have somewhat become conditioned to the ongoing nature of this operation over many years and multiple extraction campaigns.

There is potential for public access to be enhanced through the maintenance of the riverbed, formation of tracks and removal of weeds and scrub vegetation.

As such any potential effects are likely to be small, short term and occasional.

5.4 Effects on Communities, and People

Historically gravel extraction has been undertaken on the Kowai for many years given its rates of constant replenishment.

Access to the river from public access points such as roads will not be constrained by the works in the riverbed. The area of works will however be restricted to the consented gravel extraction area under the applicant’s name and therefore works will not have the potential to affect other gravel extractors on the river. Access to these areas will be specified on the consent, which may require access over public land

To mitigate adverse effects on the other river users, the applicant has proposed to restrict their operations to weekdays (Monday to Friday) between the hours of 6:00 am and 7:00pm and Saturday between the 6:00 am to 12:00 md.

The extraction of gravel however result in some positive effects for people and communities that include assistance with managing bed levels for flood protection, maintenance of river fairways clear of weeds, pest plants that could potentially harbour predators for river nesting birds, invertebrates etc and the production of aggregates that are integral to the construction, repair and maintenance of local, regional and SH road networks.

Therefore, based upon the proposed mitigation measures and recommended conditions the applicant assesses the effects of the works in the river on peoples and communities to be less than minor.

5.5 Effects on River Hydrology and Water Quality

Screenworks Ltd considers there to be surplus river gravels within the Kowai River and this too has been confirmed by the issue of the Gravel Availability.

As the extraction method will not result in lowering the bed level below mean water level and will not involve extraction in the active flow of the river, any effects on the bed of the Kowai River will be temporary and no more than minor.

It is also important to recognise the ability of gravel extraction to address issues associated with the unnatural aggradation of gravel in the lower reaches of some waterways, but to advocate for solutions that identify and address the source of the aggradation (e.g., low flows and upper catchment erosion). The retention of large material within the watercourse also assists in reducing water velocity and the potential for erosion.

15 Screenworks Ltd www.rmps.work

5.6 Potential adverse effects on surface water quantity and other water users

The disturbance of the riverbed has the potential to adversely affect surface water quantity and other water users.

The application states that there will be no adverse effects on the quantity of surface water in the Kowai River and other water users.

There are no surface water abstraction points and no community drinking water protection zones located within the proposed area of works.

Given the above, the effects on surface water quantity and other water users will be less than minor.

5.7 Ecological Effect

Screenworks Ltd recognises that the immediate area has ecological and conservation values, particularly with respect to the Native Bird River and Open Water Habitat.

Canterbury Maps does not recognise this section of the Kowai River as being a Native Bird River and Open Water Habitat. Accordingly, disruption to the bed of the Kowai River does not have the potential to adversely impact on breeding and nesting birds.

Irrespective, prior to any works being carried out in the period from August 1 to February 1 a suitably qualified and independent person will inspect the proposed area of works and locate any bird breeding or nesting sites. There will be no works within 100 metres of any birds nesting or rearing their young.

As such, it is considered that the effect on ecological values will be less than minor.

5.8 Adjoining Landowners / Occupiers

The gravel extraction will be undertaken on Crown Land, specifically the bed of the Kowai River.

LINZ however do not need to be considered as an affected party as administrators of the Kowai Riverbed due to the existing agreement between LINZ and ECAN regarding Resource Consent applications for gravel extraction consents.

Because of the limited scale and nature of the activity within the broader context of the Kowai River, it is not considered that other adjoining landowners are affected by the proposal. Resource consent is being sought to provide for the continuation of an established activity that has been conducted from the area for many years.

Screenworks has consulted with several interested parties (Part 8).

5.9 Positive Effects

Granting this consent will allow the applicant to continue to provide high quality crushed gravels for general construction and road maintenance purposes. This will have a positive impact on the local as well as the wider economy, with the increase in revenue spent primarily within the local area.

16 Screenworks Ltd www.rmps.work

The removal of material at this location will assist with maintaining the flooding capacity of the river.

5.10 Summary

Given the scale and temporary nature of the operation, it is considered that the overall effect is less than minor.

6. Consideration of Alternatives

Schedule 4, Clause 6 of the RMA requires an assessment of alternatives in specific instances, namely:

● Where it is likely that an activity will result in any significant adverse effect on the environment, alternative locations or methods for undertaking the activity must be described (Clause 6(1)(a)); and ● Where the activity includes the discharge of any contaminant, any possible alternative methods of discharge, including discharge into any other receiving environment must be described (Clause 6(1)(d)(ii)).

It is not considered however that the proposed activity will have a significant adverse effect on the environment, although Screenworks does compliment its river-based extraction with land based extraction from its own quarry at Bealey Road, Aylesbury.

The option to source gravel from rivers is economical for supply to the general area where this is evidenced with demonstrated need however supply is both limited and the river extraction is both competitive and uncertain. Fortunately the Kowai River has sufficient replenishment and is seen as a reliable source of aggregate.

Continued extraction of gravel is a sustainable manner from sites such as the Kowai is considered appropriate. The sustainable harvesting of naturally deposited material results in a number of beneficial community and environmental outcomes including maintaining flood capacity, reducing flood risk whilst providing a cost effective source of material to road maintenance and construction projects within the local area.

7. Statutory Assessment

7.1 Part 2 of the Resource Management Act 1991 (RM Act 1991)

In assessing an application for resource consent, a consent authority is required to determine whether the proposal is consistent with the purpose and principles of the Act (Part 2), having regard to the matters set out in section 104, the Fourth Schedule, and any other statutory consideration. Part 2, as set out under sections 5 to 8 of the RMA, outlines the purpose and principles of the Act.

Section 5 sets out the purpose and principles of the Act, being “to promote the sustainable management of natural and physical resources” which is defined to mean:

“managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety while –

17 Screenworks Ltd www.rmps.work

a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.”

Gravel aggregates are a natural resource and the extraction provides for the sustainable management of gravel resource by: ● maintaining the flood carrying capacity of the Kowai River thereby reducing the risk of flooding to surrounding areas ● providing a vital source of aggregates to assist with the construction, repair and maintenance of local and national roads ● ensuring as far as practicable that adverse effects are avoided, remedies or mitigated ● providing continued investment in regional and national infrastructure ● securing a material that is both cost effective and in terms of its market, within reasonable proximity

Section 6 sets out matters of national importance, being the natural character of the coastal environment, lakes and rivers, protection of outstanding natural features, protection of areas of significant indigenous vegetation and habitats of indigenous fauna, maintenance and enhancement of public access along coastal marine areas, lakes and rivers, and the relationship of Maori and their culture and traditions, protection of historic heritage, protection of customary rights and management of significant risks from natural hazards.

Given the mitigation measures proposed in terms of minimising effects on ecology, amenity and cultural values it is considered that the proposed activity will not adversely affect the above values.

Section 7 requires particular regard to be had to ‘other matters’. Of relevance to this application are: (b) the efficient use and development of natural and physical resources; (c) the maintenance and enhancement of amenity values; and (f) maintenance and enhancement of the quality of the environment.

The proposed activity is an efficient use of the existing physical land resource. As detailed in the assessment, the adverse effects from the proposed extraction will be less than minor and is not contrary to Section 7.

Section 8 of the Act requires CRC to take into account the principles of the Treaty of Waitangi when making a decision on an application.

Assessment of the proposal has not identified any Silent File areas within the proposed areas of extraction. The area is however a Statutory Acknowledgement and Runanga Sensitive area and a copy of this application has been extended to the tangata whenua as Kaitaki for the purposes of both consultation and securing their affected party approval.

7.2 Section 104 RMA 1991

Section 104 of the RMA provides the statutory requirements for the assessment of the application and sets out those matters that the Council must have regard to when considering the application.

Subject to Part 2 of the RMA it is considered that the relevant matters for the assessment of this application include: • Any actual or potential effects on the environment of allowing the activity.

18 Screenworks Ltd www.rmps.work

• Any measure proposed or agreed to by the applicant for the purpose of ensuring positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity. • The relevant objectives, policies, rules, and other provisions of the Selwyn District Plan; and • Any other matter that the Council considers relevant and reasonably necessary to determine the application.

Section 104(2) allows the Council when forming an opinion in relation to any actual or potential effects on the environment of allowing the activity to disregard any adverse effects of the activity on the environment if the planning document permits an activity with those effects.

Under Section 104B, the Council may grant or refuse the application. If it grants the application it may impose conditions on the consent under section 108.

7.3 National Policy Statements

Under Section 104(1)(b)(iii) of the RMA, the consent authority shall have regard to the relevant provisions of a National Policy Statement.

7.3.1 National Policy Statement for Freshwater Management 2020 (NPS Freshwater)

The NPS Freshwater came into effect on the 3 September 2020 and replaces the NPS Freshwater 2014 (amended 2017).

The NPS Freshwater includes new requirements such as managing freshwater that ‘gives effect’ to Te Mana o te Wai, improves degraded water bodies, and maintains or improves all others using bottom lines defined in the NPS Freshwater and expands on the national objective’s framework.

As this application proposes a land use activity overlying a groundwater resource it is considered pertinent to consider the objective and relevant policies of the NPS Freshwater.

Objective (1) of the NPS Freshwater seeks that natural and physical resources are managed in a way that prioritises first, the health and well-being of water bodies and freshwater ecosystems; second, the health and needs of people (such as drinking water); and third, the ability of people and communities to provide for their social, economic, and cultural well-being, now and in the future.

Policy 7 seeks that the loss of river extent and values is avoided to the extent practicable.

Policy 8 seeks that the significant values of outstanding water bodies are protected.

Policy 9 seeks that the habitats of indigenous freshwater species are protected.

Policy 10 seeks that the habitat of trout and salmon is protected, insofar as this is consistent with Policy 9.

Policy 15 seeks that communities are enabled to provide for their social, economic, and cultural well-being in a way that is consistent with the NPS Freshwater.

19 Screenworks Ltd www.rmps.work

Comment: In response to Policy 7 we are required to consider whether the proposal will avoid any loss of extent or values from the proposed extraction and that if the loss cannot be avoided to determine whether there is a functional need for the activity involving an assessment against the effects management hierarchy.

Functional need is defined to include: The need for a proposal or activity to traverse, locate or operate in a particular environment because the activity can only occur in that environment.

The Effects Management Hierarchy in relation to the natural inland wetlands and rivers means an approach to managing the adverse effects of an activity on the extent or values of a wetland or river (including cumulative effects and loss of potential value) which requires that:

(a) Adverse effects are avoided where practicable; and (b) Where adverse effects cannot be avoided, they are minimised where practicable; and (c) Where adverse effects cannot be minimised, they are remedied here practicable; and (d) Where more than minor residual adverse effects cannot be avoided, minimised, or remedied, aquatic offsetting is provided where possible; and (e) If aquatic offsetting of more than minor residual adverse effects is not possible, aquatic compensation is provided; and (f) If aquatic compensation is not appropriate, the activity itself is avoided.

The Kowai River is adjacent to the site and the proposal is not considered to have any potential adverse effects on cultural values. The proposed activity is not considered to adversely impact on the quality of the groundwater resource underlying the site due to the proposed mitigation measures and for the fact that the extraction is targeting an area of aggradation that is free from flowing water. A minimum 5.0m setback will be retained from the flowing water.

Fish and instream values will not be compromised by the activity due to the mitigation measures proposed to reduce the potential for adverse effects.

Therefore, the health and well-being of the underlying groundwater resource and freshwater ecosystems will not be adversely affected, the health and needs of people will be safeguarded, and the ability of the people and their communities to provide for their social, economic and cultural wellbeing will be maintained.

There is a functional need for the material as its removal will assist with flood mitigation.

On this basis, the proposal is consistent with the NPS Freshwater.

7.4 National Environmental Standards

7.4.1National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health Regulations 2011 (NESCS)

The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES) sets out the standards for assessing and managing contaminants in soil to protect human health.

20 Screenworks Ltd www.rmps.work

The NES not only protects people and the environment but provides a nationally consistent set of planning controls and soil contaminant values. The NES further ensures that land affected by contaminants in soil is appropriately identified and assessed before it is developed, and where necessary, the land is remediated, or the contaminants contained and make the land safe for human use.

The NES classifies as permitted activities (meaning no resource consent required if stated requirements are met): ● Removal or replacement of fuel storage systems and associated soil and associated subsurface soil sampling. ● Soil sampling. ● Small-scale (no greater than 25 cubic metres per 500 square metres of affected land) and temporary (two months’ duration) soil disturbance activities. ● A maximum of 5 cubic metres per 500 square metres of soil to be removed from site: and ● Subdividing land or changing land use where a preliminary investigation shows it is highly unlikely the proposed new use will pose a risk to human health.

The site is a previously worked riverbed, therefore it is considered that the site is uncontaminated. As such, the proposed gravel extraction of the site does not trigger a requirement for resource consent under the NES.

7.4.2 National Environmental Standards for Freshwater Regulations 2020

The NES Freshwater came into effect on the 3 September 2020 and replaces the NPS Freshwater 2014 (amended 2017).

The NES Freshwater includes new requirements such as managing freshwater that ‘gives effect’ to Te Mana o te Wai, improves degraded water bodies, and maintains or improves all others using bottom lines defined in the NPS Freshwater and expands on the national objective’s framework.

As this application proposes a land use activity (dry riverbed) overlying a groundwater resource it is considered pertinent to consider the objective and relevant policies of the NPS Freshwater.

Part 2 of the Freshwater NES sets out standards for farming activities relating to feedlots and stockholding areas, conversion of plantation forestry to pastoral land, conversion of land on a farm to dairy farmland, irrigation of dairy farmland, use of land as dairy support land, intensive winter grazing, and application of synthetic nitrogen fertiliser to pastoral land. The proposal does not seek to undertake any activities that are regulated by Part 2 of the Freshwater NES.

Part 3 sets out standards for other activities that relate to freshwater including works in or near wetlands, reclamation of rivers and passage of fish affected by structures. The proposal does not seek to undertake works within or near any wetlands, seek to reclaim any rivers or alter or install any fish passage structures.

Objective (1) of the NES Freshwater seeks that natural and physical resources are managed in a way that prioritises first, the health and well-being of water bodies and freshwater ecosystems; second, the health and needs of people (such as drinking water); and third, the ability of people and communities to provide for their social, economic, and cultural well-being, now and in the future.

21 Screenworks Ltd www.rmps.work

Surface water ways are within proximity to the extraction site, therefore a 5.0m setback is required from flowing water. The proposal does not involve any machinery working within flowing water but rather an area of aggradation.

The proposal is not considered to have any potential adverse effects on cultural values. The proposed activity is not considered to adversely impact on the quality of the groundwater resource underlying the site due to the proposed mitigation measures.

Therefore, the health and well-being of the underlying groundwater resource and freshwater ecosystems will not be adversely affected, the health and needs of people will be safeguarded, and the ability of the people and their communities to provide for their social, economic and cultural wellbeing will be maintained. On this basis, the proposal is consistent with the NPS Freshwater.

The proposal does not seek to undertake any activities that are regulated by the Freshwater NES and accordingly, resource consent is not required for the proposed activities in accordance with these national standards.

In conclusion, the NES is not particularly relevant for the activities in the river and riverbed apart from the section on culverts (70 – 71).

7.5 Canterbury Regional Policy Statement

The Canterbury Regional Policy Statement became operative on 15 January 2013 and is relevant to this application. The RPS provides an overview of the Resource Management issues in the Canterbury Region, and the objectives, policies and methods to achieve integrated management of natural and physical resources. The methods include directions for provisions in district and regional plans.

Approval of this application will enable Screenworks to effectively and efficiently source river-run material from the bed of the Kowai River. This will assist Selwyn DC and NZTA with the maintenance of its rural road and State Highway infrastructure and reduce the costs associated with sourcing a valuable resource.

The parts of the RPS relevant to this application are noted below:.

Chapter 4 – Provision for Ngāi Tahu and their relationship with resources

Chapter 4 highlights the Canterbury Regional Council and their relationship with Ngāi Tahu within the resource management process. It deals with the tools and processes required to sustain good working relationships between Ngāi Tahu and natural resources.

This application supports the relationship, tools and processes outlined in Chapter 4.

Chapter 5 - Land Use & Infrastructure

Issue 5.1.1 - Adverse Effects of Development (Wider Region) Development, including the associated use and provision of infrastructure and services, is important to enabling people and communities to provide for their social, economic and cultural well-being, but where not appropriately managed can result in significant adverse effects on the environment

Issue 5.1.3 - Lack of Strategic Direction (Entire Region)

22 Screenworks Ltd www.rmps.work

There can be a lack of strategic integration of regionally significant infrastructure with land use.

Objective 5.22 - Integration of land-use and regionally significant infrastructure (Wider Region) In relation to the integration of land use and regionally significant infrastructure: (1) To recognise the benefits of enabling people and communities to provide for their social, economic and cultural well-being and health and safety and to provide for infrastructure that is regionally significant to the extent that it promotes sustainable management in accordance with the RMA. (2) To achieve patterns and sequencing of land-use with regionally significant infrastructure in the wider region so that: a. development does not result in adverse effects on the operation, use and development of regionally significant b. adverse effects resulting from the development or operation of regionally significant infrastructure are avoided, remedied or mitigated as fully as practicable. c. there is increased sustainability, efficiency and liveability.

Objective 5.2.3 - Transport network (Wider Region) A safe, efficient and effective transport system to meet local regional, inter-regional and national needs for transport, which: (1) supports a consolidated and sustainable urban form; (2) avoids, remedies or mitigates the adverse effects of transport use and its provision; (3) provides an acceptable level of accessibility; and (4) is consistent with the regional roading hierarchy identified in the Regional Land Transport Strategy.

Policy 5.3.2 - Development conditions (Wider Region) To enable development including regionally significant infrastructure which: (1) ensure that adverse effects are avoided, remedied or mitigated, including where these would compromise or foreclose : a. existing or consented regionally significant infrastructure; b. options for accommodating the consolidated growth and development of existing urban areas; c. the productivity of the region’s soil resources, without regard to the need to make appropriate use of soil which is valued for existing or foreseeable future primary production, or through further fragmentation of rural land; d. the protection of sources of water for community supplies; e. significant natural and physical resources; (2) avoid or mitigate: a. natural and other hazards, or land uses that would likely result in increases in the frequency and/or severity of hazards; b. reverse sensitivity effects and conflicts between incompatible activities, including identified mineral extraction areas; and (3) integrate with: a. the efficient and effective provision, maintenance or upgrade of infrastructure; and b. transport networks, connections and modes so as to provide for the sustainable and efficient movement of people, goods and services, and a logical, permeable and safe transport system.

Policy 5.3.8 - Land use and transport integration (Wider Region) Integrate land use and transport planning in a way: (1) that promotes: a. the use of transport modes which have low adverse effects; b. the safe, efficient and effective use of transport infrastructure, and reduces where appropriate the demand for transport; (2) that avoids or mitigates conflicts with incompatible activities; and

23 Screenworks Ltd www.rmps.work

(3) where the adverse effects from the development, operation and expansion of the transport system: a. on significant natural and physical resources and cultural values are avoided, or where this is not practicable, remedied or mitigated; and b. are otherwise appropriately controlled.

Policy 5.3.9 - Regionally significant infrastructure (Wider Region) In relation to regionally significant infrastructure (including transport hubs): (1) avoid development which constrains the ability of this infrastructure to be developed and used without time or other operational constraints that may arise from adverse effects relating to reverse sensitivity or safety; (2) provide for the continuation of existing infrastructure, including its maintenance and operation, without prejudice to any future decision that may be required for the ongoing operation or expansion of that infrastructure; and (3) provide for the expansion of existing infrastructure and development of new infrastructure, while: a. recognising the logistical, technical or operational constraints of this infrastructure and any need to locate activities where a natural or physical resource base exists; b. avoiding any adverse effects on significant natural and physical resources and cultural values and where this is not practicable, remedying or mitigating them, and appropriately controlling other adverse effects on the environment; and c. when determining any proposal within a sensitive environment (including any environment the subject of section 6 of the RMA), requiring that alternative sites, routes, methods and design of all components and associated structures are considered so that the proposal satisfies sections 5(2)(a) – (c) as fully as is practicable.

Chapter 7 – Fresh Water This chapter specifically relates to protecting freshwater from the adverse effects of activities through to efficient use of water either surface or ground. The following policies are relevant to this proposed activity:

Objective 7.2.1 – Sustainable Management of Freshwater The region’s freshwater resources are sustainably managed to enable people and communities to provide for their economic and social wellbeing through abstracting and/or using water for irrigation, hydro-electricity generation and other economic activities, and for recreational and amenity values, and any economic and social activities associated with those values, providing: (1) the life-supporting capacity ecosystem processes, and indigenous species and their associated freshwater ecosystems and mauri of the fresh water is safe-guarded; (2) the natural character values of wetlands, lakes and rivers and their margins are preserved, and these areas are protected from inappropriate subdivision, use and development and where appropriate restored or enhanced; and (3) any actual or reasonably foreseeable requirements for community and stock water supplies and customary uses, are provided for,

Objective 7.2.2 – Parallel Processes for Managing Freshwater Abstraction of water and the development of water infrastructure in the region occurs in parallel with: (1) improvements in the efficiency with which water is allocated for abstraction, the way it is abstracted and conveyed, and its application or use; (2) the maintenance of water quality where it is of a high standard and the improvement of water quality in catchments where it is degraded; and (3) the restoration or enhancement of degraded freshwater bodies and their surroundings.

24 Screenworks Ltd www.rmps.work

Objective 7.2.3 – Protection of Intrinsic Value of Waterbodies and their Riparian Zones The overall quality of freshwater in the region is maintained or improved, and the life supporting capacity, ecosystem processes and indigenous species and their associated freshwater ecosystems are safeguarded.

Objective 7.2.4 – Integrated Management of Freshwater Resources Fresh water is sustainably managed in an integrated way within and across catchments, between activities, and between agencies and people with interests in water management in the community, considering: (1) the Ngāi Tahu ethic of Ki Uta Ki Tai (from the mountains to the sea); (2) the interconnectivity of surface water and groundwater; (3) the effects of land uses and intensification of land uses on demand for water and on water quality; and (4) kaitiakitanga and the ethic of stewardship; and (5) any net benefits of using water, and water infrastructure, and the significance of those benefits to the Canterbury region.

Policy 7.3.4 – Water quantity in relation to the management of water quantity. To manage the abstraction of surface water and groundwater by establishing environmental flow regimes and water allocation regimes which ...... in summary consider; interconnectivity of water, decline in groundwater levels, protect flows and variability to protect instream values, provide for existing needs, customary needs, flow requirements for water quality. Then to provide for recreational and amenity, actual and reasonable foreseeable demands for abstraction. And to consider allocation to prevent additional allocation with transfers and appropriate time frames to be considered.

Policy 7.3.6 – Fresh water quality - requires the setting of water quality standards for surface water and ground water resources in the region, which are appropriate for each water body… and to manage activities which may affect the water quality (including land uses), singularly or cumulatively, to maintain water quality at or above the set standard for that water body…

Policy 7.3.7 – Water quality and land uses – to avoid, remedy or mitigate adverse effects in land uses on the quality of fresh water (surface or ground) …

Policy 7.3.11 – Existing activities and infrastructure In relation to existing activities and infrastructure: (1) to recognise and provide for the continuation of existing hydro-electricity generation and irrigation schemes, and other activities which involve substantial investment in infrastructure; but (2) require improvements in water use efficiency and reductions in adverse environmental effects of these activities, where appropriate.

Chapter 10 Beds of rivers and lakes and their riparian zones

Objective 10.2.2 - Maintenance of flood-carrying capacity of rivers To maintain the flood-carrying capacity of rivers.

The removal of aggregate from the riverbed will maintain the flood carrying capacity of the river.

Objective 10.2.3 - Protection of essential structures Protection of the stability, performance and operation of essential structures from activities in river and lake beds and on their banks or margins.

A minimum setback distance for works of 50 metres from the existing structures is proposed.

25 Screenworks Ltd www.rmps.work

Policy 10.3.1 - Activities in river and lake beds and their riparian zones To provide for activities in river and lake beds and their riparian zones, including the planting and removal of vegetation and the removal of bed material, while: (1) recognising the implications of the activity on the whole catchment; (2) ensuring that significant bed and riparian zone values are maintained or enhanced; or (3) avoiding significant adverse effects on the values of those beds and their riparian zones, unless they are necessary for the maintenance, operation, upgrade, and repair of essential structures, or for the prevention of losses from floods, in which case significant adverse effects should be mitigated or remedied.

Policy 10.3.2 - Protection and enhancement of areas of river and lake beds and their riparian zones To preserve the natural character of river and lake beds and their margins and protect them from inappropriate subdivision, use and development, and where appropriate to maintain and/or enhance areas of river and lake beds and their margins and riparian zones where: (1) they exist in a degraded state and enhancement will achieve long-term improvement in those values; (2) they have ecological values for which protection and/or enhancement will assist in the establishment or re-establishment of indigenous biodiversity or ecosystems, particularly for ecosystems that are threatened or unrepresented in protected areas; (3) they have existing significant trout or salmon habitat; (4) maintenance and/or enhancement will improve or establish connections between habitats and create corridors for indigenous species and trout and salmon and their movement between areas; (5) riparian zones provide a buffer from activities that may adversely affect bed values; (6) opportunities exist to create habitat corridors for plants and animals; or (7) riparian zones provide spawning or other significant habitats for at risk or threatened species, such as inanga or Canterbury mudfish.

The riverbed is to be kept in a tidy and reshaped once works have been completed. As discussed, the proposed activity will have no adverse effects on biosecurity or ecosystems.

Policy 10.3.3 – Management for flood control and protecting essential structures To manage activities in river and lake beds and their banks or margins to: (1) avoid or, where this is not practicable, to remedy or mitigate adverse effects on vegetation that controls flood flows or protects riverbanks or lake margins from erosion; and (2) avoid adverse effects on the stability, performance, operation, maintenance, upgrade and repair of essential structures that are located in, on, under or over a river or lakebed or its bank or margin.

Policy 10.3.4 - Removal of vegetation and bed material from riverbeds To manage the use and removal of vegetation and bed material in riverbeds and their margins to ensure: (1) the maintenance of flood-carrying capacity of rivers (2) the protection of essential structures; and (3) erosion control and prevention. provided its management does not adversely affect: a the instream and other values of the beds including habitat and associated ecosystems; or b the stability, performance, operation and maintenance, upgrade and repair of essential structures.

26 Screenworks Ltd www.rmps.work

The proposed activity will enhance the river's flood carrying capacity as it will ensure that all gravel deposits can be extracted from areas that are beyond a flowing channel.

Policy 10.3.5 - Maintenance and enhancement of public and Ngāi Tahu access To promote the maintenance and enhancement of public and Ngāi Tahu access to and along the beds of rivers and lakes, and to ensure that subdivision use and development does not result in inappropriate loss of existing access, subject to: 1 protecting public health and safety, and avoiding conflict between different types of access; 2 avoiding adverse effects on the values of the beds, or stability of banks; 3 protecting Ngāi Tahu cultural values and sites of significance from inappropriate public access; 4 protecting the stability, performance and operation of essential structures in, on, under or over the beds; 5 ensuring the integrity of flood-protection vegetation is maintained; 6 avoiding conflicts with the legal rights and lawful activities of owners/occupiers of river or lake beds and adjacent land, or of the owners/operators of infrastructure in, on, under or over the bed; and 7 engaging with the Walking Access Commission to identify and negotiate issues around public access.

The proposed activity will not affect public access to and along the riverbed.

Summary:

These provisions address a number of important issues relevant to the proposed activity. The removal of gravel aggregates from the Kowai River has been demonstrated over time to have a number of effects on the environment, both positive and negative. Over the life of the activity within the SDC, substantial quantities of aggregate have been supplied to the District for use in civil construction and road maintenance, residential, commercial and industrial development and the provision of ice grit aggregate.

While the significant positive contribution that extraction has made to flood hazard mitigation is recognised, the applicant ackmolwedegs that over-extraction has the potential to undermine the effectiveness of defences against water and essential infrastructure assets.

The applicant acknowledges that river based extraction contributes to the enhancement of the bed of the Kowai River and the disturbance of the bed provides an important mechanism to control the establishment of weed species within the active riverbed. The Kowai is characterised by weed species and they have the ability to compromise the breeding of river birds which detracts from their aesthetic value.

As the works will not occur in flowing water, the gravel extraction will have little or no effect on water quality or aquatic values.

This application is not inconsistent with the Objectives and Policies, and the overarching Principle, of the RPS.

7.6 Waimakariri Regional River Plan (WRRP)

The WRRP was initially made operative on 23rd October 2004 and incorporating changes made under Change 1, those amendments became operative on 11th June 2011. The WRRP sets out the objectives,

27 Screenworks Ltd www.rmps.work policies, methods and rules for addressing resource management issues within the Waimakariri River catchment.

The Plan regulates the disturbance of the beds of rivers and lakes (Chapter 7, Rules 7.1, 7.2 and 7.3 permitted activities, Rule 7.4 discretionary activities and Rule 7.5 prohibited activity) within the Waimakariri River Catchment through regional rules:

Table 2. WRRP response

Objective/Policy Issue Comment

Objective 7.1 Enable present and future generations to gain As demonstrated throughout this cultural, social, recreational, economic, health, and application the proposed activity will other benefits from river and lake beds in the protect those values of the river Waimakariri River Catchment while: which otherwise may be (a) safeguarding the existing value of rivers and lakes progressively degraded or lost for efficiently providing sources of drinking water for altogether whilst enhancing the people and their animals; flood carrying capacity of rivers, and (b) safeguarding the life-supporting capacity of the ensuring the stability of existing water in the beds of rivers and lakes, including its riverbanks and structures. associated: aquatic ecosystems, significant habitats of indigenous fauna, and areas of significant indigenous vegetation; (c) safeguarding the existing value of rivers and lakes for providing mahinga kai for Tangata Whenua; (d) protecting wahi tapu and other wahi taonga of value to Tangata Whenua; (e) preserving the natural character of rivers, lakes and wetlands and protecting them from inappropriate use and development; (f) protecting outstanding natural features and landscapes from inappropriate use and development; (g) maintaining and enhancing amenity values; (h) protecting and where appropriate enhancing the habitat and heritage values of river and lake beds; (i) protecting and where appropriate enhancing the flood carrying capacity of rivers; (j) protecting the banks of rivers and lakes, and the stability and performance of essential structures in their beds; and (k) protecting the significant habitat of trout and salmon.

Policy 7.1(b) Control in the bed of any river or lake in the The proposal through its extraction Waimakariri River Catchment: method and mitigation measures (b) the excavation, drilling, tunnelling, or other will ensure the existing values disturbance of the bed; identified in (a) to (k) are not so that (a) to (k) of Objective 7.1 are achieved and in compromised. particular: (i) the flood hazard to adjacent land is not increased; (ii) disturbance to protected wildlife and their breeding habitat, and indigenous vegetation is minimised; (iii) salmon spawning sites are not disturbed; (iv) wetlands are protected; (v) the braided character of the Waimakariri River where it exists is sustained; (vi) the natural patterns, colours and textures of the riverbed areas are maintained;

28 Screenworks Ltd www.rmps.work

(vii) above Woodstock, defined in Figure 4 and Map 1, river and lake beds are kept free of weeds and other exotic vegetation; and (viii) below Woodstock, defined in Figure 4 and Map 1, the present natural character of river beds is at least maintained.

Policy 7.2 Promote measures in river and lake beds in the As per above. Waimakariri River Catchment to restore or enhance those values in (a) to (k) of Objective 7.1

Summary:

● The managed extraction of surplus gravel will enhance the river system ● The proposed extraction and processing of river gravels will not occur in the wetted bed of the Kowai River; rather the managed extraction of surplus gravel will enhance water quality and not affect water quantity. ● The managed extraction and processing of gravel is essential to provide a source of raw and processed aggregate, enabling the maintenance of rural road infrastructure within the Selwyn District Council and State Highway network (NZTA). ● The managed extraction of surplus aggregate, gravel and silts, and the removal of pest weed species is considered good environmental practice, will enhance the state of the Kowai River and is supported by the ECan Senior River Engineer, and will be undertaken in accordance with responsible environmental practices. ● The managed extraction will not affect the function of the watercourse. ● The managed extraction will ensure that the channel characteristics are maintained, and that public access will not be inhibited. ● The river has the benefit of significant aggradation. The managed extraction will benefit the flood capacity of the catchment. ● The volume of material to be extracted has been approved in accordance with a Gravel Authorisation however the works do not accord with the GMS criteria – flood mitigation, erosion control. ● The life force of the river will be maintained as this application will not alter flows or prevent the river from self-cleansing, nor will it adversely affect values associated with the abundance and diversity of mahinga kai.

7.7 Canterbury Regional Council Flood Protection & Drainage Bylaw 2013

The CRC Flood Protection and Drainage Bylaw 2013 came into effect on 2nd April 2013.

The purpose of the flood protection and drainage bylaw is to manage, regulate and protect these assets, or those under CRC control, from inappropriate modification, damage or destruction.

The sections of the Kowai River subject of this application are not shown on any of the Bylaw maps which suggests the application sits outside the area covered under the Bylaw.

29 Screenworks Ltd www.rmps.work

7.8 Te Whakatau Kaupapa – Ngāi Tahu Resource Management Strategy for The Canterbury Region (All Areas of Canterbury)

Table 3: Ngai Tahu RMS Policy Issue Comments Forests Wherever possible, but especially at the margins of There is no discharge into any water Policy 6 lakes and rivers, vegetation should be established body that will result in contamination of to assist in stemming the flow of nutrients into the water body these water bodies. General Water That no discharge into any water body should be As per above Policy 1 permitted if it will result in contamination of the receiving water. General That the quality and quantity of water in all As per above. The proposal does not Water Policy 3 waterways be improved to the point where it involve work in flowing water. supports those fish and plant populations that were sourced from them in the past and that this mahinga kai are fit for human consumption Mahinga Kai That the quality and quantity of water in all The proposal will not impact on quality Policy 1 waterways be improved to the point where it or quantity of water currently available. supports those fish and plant populations that were sourced from them in the past, and that these mahinga kai are fit for human consumption. Wahi tapu - A silent file will be kept on known burial sites by No silent file exists in the immediate Urupa Policy 8 the Ngāi Tahu Maori Trust Board. Where those locality of the proposed works sites are located outside Maori Reserved land, they have been given a number and the general area has been marked on the relevant map in Appendix A to Chapter 5. Anyone proposing any change on or near one of these sites should consult the Ngāi Tahu Maori Trust Board through the Regional Council’s Iwi Liaison Officer. Ngāi Tahu Maori Trust Board in turn can initiate contact with those people who have direct interest in that particular site. All decisions will be made on a site-by-site basis.

7.9 Ngāi Tahu Freshwater Policy Statement (All Areas of Canterbury)

The focus of the Policy Statement is the management of freshwater resources within the rohe of Ngai Tahu. It outlines the environmental outcomes sought by Ngai Tahu and the means by which Ngai Tahu is seeking to work with resource management agencies to achieve these outcomes.

Those considered relevant to this proposal are addressed below:

Table 4: Ngai Tahu Freshwater Policy Objective/Policy Issue Comments Maui To require that any activity resulting in the discharge of This component is addressed Objective contaminants to air evaluate and propose measures to under the applicants global prevent adverse impacts on human health. consent CRC 171920 Mahinga kai Best practice must be used with regards to the spraying of Not applicable as the Objective effluent, to minimise spray drift. proposal does not involve Consideration must be given to wind direction, best possible the spraying of effluent. application rate, and proximity to waterways and groundwater sources. Mahinga kai Best practice must be used with regards to the spraying of As above. Policy 3 effluent in farming activities (e.g., piggeries and dairy farms)

30 Screenworks Ltd www.rmps.work

and the minimisation of odour, including consideration of wind strength and direction.

Summary:

The life force of streams will be maintained as this application will not alter flows or prevent creeks from self-cleansing, nor will it adversely affect values associated with the abundance and diversity of mahinga kai.

Given the assessment carried out for this application, it is considered that any potential adverse effects on Tangata Whenua values should also be less than minor. The activities are considered to be consistent with the objectives of the Freshwater Policy Statement.

The proposal has been assessed against the Te Rūnanga O Ngāi Tahu Freshwater Policy Statement and is considered consistent with the objectives and policies in this document.

7.10 Mahaanui Iwi Management Plan 1992

As the Kowai River is a waterbody of significance to tangata whenua iwi, Te Rūnanga o Ngāi Tahu and the provisions of the Mahaanui Iwi Management Plan have been assessed regarding the proposed gravel extraction.

Screenworks respectfully considers the proposed aggregate extraction and processing is generally consistent with the relevant Policies.

Table 5: Assessment against relevant provisions of the Mahaanui Iwi Management Plan

Objective/Policy Issue Comment

WK4 Inability to harvest mahinga kai from the Waipara and The proposal does not involve Mahinga kai Kōwai catchments, particularly the coastal areas, as a temporary diversion of the river or result of: the installation of culverts so there is (a) Loss of or poor physical access to mahinga kai areas; no effect on the passage and (b) Impacts of rural land use on coastal water quality repassage of fish. and coastal rocky reef habitat; c) Poor cultural health of traditional mahinga kai sites; (d) Decline in species health, abundance and diversity; The removal of excess gravel will and assist in increasing the flow regime (e) Effects of low flows and altered flow regime on fish and freshwater habitat. passage

WK6 Gravel extraction in the Waipara and Kōwai riverbeds Gravel extraction is a necessary Gravel extraction can have effects on mauri, hāpua, water quality and feature of floodplain and river mahinga kai. management as the build-up of gravels can create flood risks. The immediate area has been subject to recent gravel extraction campaigns that are sustainable, as is evidenced by the rate of replenishment and material availability.

31 Screenworks Ltd www.rmps.work

WK9 Protection of wāhi tapu and wāhi taonga values in the The application site is not identified Waipara and Kōwai catchments, in particular: within Canterbury maps as being Wāhi Tapu and Runanga Sensitive or a Silent File area Wāhi Taonga (a) Wāhi tapu and wāhi taonga at the Waipara river however the applicant is prepared to mouth and along the coast; adopt the Accidental Discovery (b) Rock art sites in inland areas of the Waipara Protocol as a standard condition of catchment; and approval. (c) Unknown archaeological sites.

Overall, it is considered that the proposed gravel extraction can occur in a manner that is consistent with the Mahaanui Iwi Management Plan.

Summary

Screenworks is committed to providing recognition and protection of tangata whenua values and will undertake consultation with representative(s) of Te Rūnanga o Ngāi Tahu as required to understand the manner in which it can minimise the potential for the extraction and processing of river gravels to compromise wāhi tapu, wāhi taonga or mahinga kai values.

Screenworks has considered the provisions of the Mahaanui Iwi Management Plan regarding the application and the proposed activities.

8. Consultation

At this stage Screenworks has not carried out consultation with the public as the proposed activity is not expected to adversely affect any specific parties or the wider environment.

Screenworks has undertaken consultation with the following interested parties: • LINZ • Fish & Game (North Canterbury) • Mahaanui Kura Taiao on behalf of Te Rūnanga o Tūāhuriri

9. Conclusion

Screenworks Seeks to renew resource consent to provide for the extraction,processing and stockpiling of gravel from the bed of the Kowai River within areas, and subject to the same conditions that have historically been applied to this activity under CRC060380.2 and CRC166199.

The activities subject to this application are Discretionary Activities and fall to be considered under the Waimakariri River Regional Plan.

Screenworks has through its alliance partners demonstrated the need for the gravel aggregate to meet the demand for NZTA and Selwyn DC construction and maintenance requirements and to service local demand for roading infrastructure. The proposal will provide for the sustainable management purpose of the RMA, as it will enable the supply of a resource necessary for the maintenance of roading infrastructure, whilst minimising the adverse effects on the environment.

32 Screenworks Ltd www.rmps.work

A comprehensive assessment of actual and potential effects on the environment that may be associated with the proposal has been provided throughout this report. This assessment has concluded that any actual or potential effects associated with the proposal will be less than minor, and that no other persons are affected as part of the proposed activity.

The proposal is also considered to be consistent with the relevant objective and policies of the RPS, WRRP and other relevant statutory planning documents.

It is therefore considered that the application can be approved in terms of Section 104 of the RMA subject to any conditions of consent that are considered appropriate to avoid, remedy or mitigate any potential for adverse effects on the surrounding environment.

33