Final Submission Tdc.Docx Page 1

BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOOTI TAIAO O AOTEAROA Ō TAU TAHI ROHE

ENV-

IN THE MATTER of the Resource Management Act 1991

AND

IN THE MATTER of a submission under s 209 of the Act

AND

IN THE MATTER of a submission on the recommendation of the Special Tribunal appointed to hear the application for a water conservation order over Te Waikoropupū Springs and associated water bodies by Ngāti Tama ki Te Waipounamu Trust and A Yuill

TASMAN DISTRICT COUNCIL

Submitter

NOTICE OF MOTION & SUBMISSION BY TASMAN DISTRICT COUNCIL REGARDING RECOMMENDATIONS OF THE SPECIAL TRIBUNAL APPOINTED TO HEAR AN APPLICATION FOR A WATER CONSERVATION ORDER

FLETCHER VAUTIER MOORE Telephone: (03) 543 8301 LAWYERS Facsimile: (03) 543 8302 PO BOX 3029 Email:[email protected] RICHMOND 7050 Solicitor: CP Thomsen

TO: The Registrar Environment Court Christchurch

1 Tasman District Council (TDC) applies under s 209 Resource Management Act 1991 to make a submission on the following matter:

Recommendations to the Minister for the Environment to make a water conservation order (WCO) for the Te Waikoropupū Springs and associated water bodies (Draft Order).

2 The grounds of the application are set out below in its substantive submission.

3 Tasman District Council received notice of the Special Tribunal Recommendation Report on Application for Water Conservation Order - Te Waikoropupū Springs and associated water bodies (Recommending Report or Report) on 17 March 2020.

4 On 25 March 2020 the Court made directions enlarging the time to file submissions on the Recommending Report to 1 May 2020.

5 The recommendations in the Report were made by a special tribunal appointed by the Minister for the Environment under s 202 RMA (Special Tribunal).

6 Tasman District Council supports the recommendation to make a Water Conservation Order over Te Waikoropupū Springs (TWS) and associated water bodies.

7 The parts of the Report and Draft Order that TDC is submitting on are:

(a) Interpretation – clause 3, and consequential amendments to the Draft Order;

(b) Outstanding characteristics, values and features - clause 4;

(d) Restrictions on alteration of aquifer pressure - clause 8;

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 1

(e) Requirement to protect water quality – clause 9 and Schedule 3;

(f) Existing consents – clause 12;

(g) Schedules 1 and 2.

8 The reasons for the submission are as follows:

(a) Tasman District Council is a unitary authority as defined in s 5 Local Government Act 2002 and has the functions set out at s 30 RMA.

(b) Tasman District Council made a submission to the Special Tribunal on the WCO.

(i) Te Waikoropupū Springs and the Arthur Marble Aquifer (AMA) have outstanding values and characteristics that justify the making of a water conservation order;

(ii) It recognises the importance of Te Waikoropupū Springs to the Golden Bay Community and agrees with the exemptions in the Draft Order for existing resource consents (subject to the matters addressed in this submission);

(iii) It acknowledges and recognises the special relationship Tangata Whenua, including Ngāti Tama, have with Te Waikoropupū Springs.

(d) Tasman District Council’s primary concern is that the Draft Order is certain and clear so it can be implemented by it while it is undertaking its functions under s 30(1) and part 6 RMA, including ensuring any regional plan is not inconsistent with the Draft Order.

Planning Framework

(e) The operative regional policy statement for the Tasman region is the Tasman Regional Policy Statement.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 2

(f) The operative regional plan for water in the Tasman region is the Tasman Resource Management Plan (TRMP).

(g) The TRMP has objectives, policies and rules for the Takaka catchment, which includes TWS, the AMA and associated water bodies.

(h) To give effect to the National Policy Statement for Freshwater Management, Council has been undertaking a collaborative community planning process in the Takaka catchment, known as the Takaka Fresh Water and Land Advisory Group (FLAG). Recommendations from the FLAG have been made to Council, but no plan change notified.

Definitions - Figures

(i) The definitions refer to Schedules 1 and 2, which in turn refer to Figures 1 and 2. The figures are insufficiently detailed and at an insufficient scale or show aspects not referenced elsewhere in the Draft Order and therefore require amendment to properly assist with the interpretation of the definitions.

Relief Sought

(j) Amend Figure 1 and 2 of Schedule 2 and add an additional figure showing Te Waikoropupū Springs at a larger scale.

Definitions – Te Waikoropupū Springs & Main Spring

(k) Te Waikoropupū Springs is defined as:

… the Main Spring, Dancing Sands Spring and Fish Creek Springs identified in Schedule 1.

(l) The definition:

(i) Refers to Schedule 1, which refers to Figure 1. That figure does not show enough detail to assist with the interpretation of the definition.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 3

(ii) Creates uncertainty because water flow and quality measurement are to be undertaken at Te Waikoropupū Springs, which includes three different springs and the upper Spring Creek (see the definition of Main Spring).

(iii) Flow and quality monitoring have historically been undertaken by TDC at the Main Spring (defined by TDC as the permanently artesian upwelling of Te Waikoropupū Spring adjacent to the main viewing platform, and for flow purposes, incorporating Dancing Sand Springs).

(m) Main Spring is defined as:

… the Main Spring of Te Waikoropupū Springs and extends to the point of Spring Creek above the entry point of Fish Creek.

(n) The definition:

(i) Is circular, referring again to Main Spring as a proper noun.

(ii) Omits parts of Main Spring, including Dancing Sand Spring.

(iii) Includes surface waters that are not springs but are fed from the combined flow of the Main Spring and Dancing Sand Spring.

Relief Sought

(o) Amend the definitions as particularised in Schedule A.

Definition – Arthur Marble Aquifer Recharge Area

(p) The Draft Order refers to the recharge zone of the AMA. However, the Draft Order:

(i) Does not define the recharge zone of the AMA or identify the water bodies within it, except indirectly in the legend of Figures 1 and 2.

(ii) Lacks clarity in referring to the recharge zone of the AMA in Schedule 2 as “upstream of the Artesian Boundary as shown in Figure 2”.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 4

(iii) Inconsistently refers to waters that recharge the AMA in, for example, clauses 7(b), (d) and (e) and 9.

Relief Sought

(q) Include a definition of Arthur Marble Aquifer Recharge Area and show this in a graphic.

Definition - Takaka River and its Tributaries

(r) The definition of the Takaka River and its Tributaries, including the reference in Schedule 1 and Figure 1, does not provide sufficient clarity or detail to assist with the interpretation of the definition.

Relief Sought

(s) Amend the definition as particularised in Schedule A.

Outstanding characteristics, features and values – clause 4 & Schedule 1

(t) Clause 4 and Schedule 1 provide for the protection of spiritual values as an outstanding characteristic, feature or value of Te Waikoropupū Springs.

(u) Clause 4 and Schedule 1 provide for the protection of outstanding characteristics, features or values of Te Waikoropupū Springs that are significant in accordance with tikanga Māori.

(v) At paragraph 312 the Special Tribunal states, in the context of spiritual values (not in respect of tikanga Māori):

…but overall do not find the evidence strong enough on a national comparative basis to find that the spiritual characteristic of the Springs is outstanding.

(w) TDC does not oppose the inclusion of spiritual values as an outstanding characteristic, feature or value of Te Waikoropupū Springs, but its inclusion means the Report and Draft Order are inconsistent. Therefore, given the finding in the Report, the Draft

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 5

Order incorrectly includes spiritual values at clause 4 and Schedule 1.

Relief Sought

(x) Amend the Draft Order to delete spiritual values in clause 4 and Schedule 1, subject to a finding by the Court that such values are outstanding.

MALF – clause 7a low flow at TWS

(y) Clause 7a provides

No resource consent may be granted or rule included in a regional plan that -

(a) Will cause the flow of groundwater from Te Waikoropupū Springs to fall below its mean annual low flow [being a flow of 6,895 litres per second].

(z) Tasman District Council accept 6,895 litres per second is an appropriate minimum flow at Te Waikoropupū Springs. However, there are three issues with the clause that will lead to implementation problems.

(aa) The Draft Order is inconsistent with the Report because:

(i) The evidence before the Special Tribunal was that the mean annual low flow (7-day MALF) was 7,661 litres per second, not 6,895 litres per second.

(ii) At paragraph 345 the Report records it accepts the evidence of Dr Roger Young who recommended a minimum flow of groundwater at Main Spring of 6,895 litres per second, being 90% of MALF.

(iii) The Report states that minimum flows should be based on 90% of MALF (6,895 litres per second).

(bb) The drafting of clause 7a is flawed because:

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 6

(i) MALF is a flow generally calculated yearly from the actual measured flow to that date in the year.

(ii) MALF may therefore vary as more data becomes available over time.

(iii) It is more certain for the Draft Order to specify a numerical minimum flow.

(cc) Clause 7a and 7e refers to measurement of flow at Te Waikoropupū Springs. The use of the defined term Te Waikoropupū Springs in the clause creates uncertainty for the location of flow measurement.

Relief Sought

(dd) Amend clauses 7a and 7e to reflect the Special Tribunal’s findings and to adopt an appropriate and implementable minimum flow at the Main Spring.

Prohibition on resource consents given effect to – clauses 7b, c & d

(ee) Clauses 7b, c and d refer to resource consents that authorise the abstraction of ground or surface water from the recharge zone of the AMA.

(ff) Clauses 7b, c and d prohibit resource consents being granted or rules included in a regional plan authorising additional abstraction of water where the abstraction is:

… not already authorised by a resource consent which has been given effect to at the time the order is made. (Emphasis mine)

(gg) A water conservation order may not affect or restrict any resource consent granted before the order is made.

(hh) The Special Tribunal erred in law by including a qualifier that the resource consents must have been given effect to.

Relief Sought

(ii) Delete the words given effect to from clause 7b, c and d.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 7

Restrictions or alteration of aquifer depth and form – clause 7e abstraction

(jj) Clause 7e provides:

No resource consent may be granted or rule included in a regional plan that –

…

e. Will result in the cumulative consented consumptive abstraction from the waters in Schedule 2 exceeding 10% of the 7-day mean annual low flow at Te Waikoropupū Springs (10% of the mean annual low flow being 766 litres per second), provided that this subclause will only permit additional consumptive abstraction from the waters in Schedule 2 or from a groundwater abstraction point within the recharge zone of the Arthur Marble Aquifer if

monitoring of NO3-N at Te Waikoropupū Springs has established

that the annual median of monthly samples of NO3-N has not increased for a period of 3 consecutive years.

(kk) The Special Tribunal found at paragraph 404:

The Tribunal concludes that the true issue was not so much the amount of water in the [hydraulic] system (as it is abundant under certain conditions) – but what that water may carry.

(ll) The Special Tribunal failed to recognise that certain activities do not discharge contaminants.

(mm) Clause 7e is uncertain and unlawful as recommended by the Special Tribunal:

(i) The Special Tribunal erred in providing for additional abstraction when the annual median and monthly samples have not increased for a period of three consecutive years.

(ii) The drafting of clause 7e is uncertain in that the three consecutive year ‘green light’ approach adopted by the Special Tribunal provides no link to water quality limits in the Draft Order.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 8

(iii) The failure to link water quality limits in the Draft Order to clause 7e leads to additional restrictions on allocation not discussed or justified in the Draft Report. For instance, if the current

Schedule 3 limit of 0.44 mg/L NO3-N represents current state at the date of the Order being made and there is an annual median

of 0.41 mg/L NO3-N that increases to 0.42 mg/L NO3-N, further abstraction is prohibited.

(iv) The drafting of clause 7e has the effect of requiring, by default, improvements in water quality.

(v) Clause 7e should include an NO3-N limit determined by reference to Current State (as pleaded below at paragraph (vv))

and NO3-N data collected (excluding outliers) over the monitoring history.

Relief Sought

(nn) Amend clause 7e to provide for an implementable link to parameters that identify the ‘current state’ for contaminants at the time of gazettal, for example as set out in Schedule A.

Aquifer pressure – clause 8

(oo) Clause 8 is appropriate but requires amendments to improve its certainty for the purpose of implementation.

Relief Sought

(pp) Amend clause 8 as particularised at Schedule A.

Existing lawful uses and activities authorised by rules in the plan – clause 7, 9 and 12

(qq) Clauses 7, 9 and 12 refer to existing resource consents but do not reference existing lawful uses.

(rr) Clause 12 provides ongoing protection to activities covered by existing resource consents but does not provide protection to existing lawful uses.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 9

(ss) The Draft Order is unlawful to the extent it purports to restrict lawful uses of resources established before the order is made.

Relief Sought

(tt) The Draft Order should accurately reflect s 217 RMA and refer to existing lawful uses as particularised at Schedule A.

Requirement to protect water quality – clause 9 & Schedule 3

(uu) Tasman District Council accepts the limits at Schedule 3 should provide for, inter alia, the preservation of Te Waikoropupū Springs as far as possible in its natural state.

(vv) However, it is concerned that the drafting of clause 9 and the limits in Schedule 3 do not reflect the state of the identified contaminants as it may be at the time of gazettal of an order (Current State).

(ww) The Special Tribunal erred in accepting the evidence of Dr Mead,

which recommended NO3-N of 0.44 mg/L be included in the Draft Order as a limit (see, inter alia, paragraphs 255 and 260), because the evidence established the limit had already been exceeded.

(xx) The data the Special Tribunal relied upon was not the best available water quality data and failed to account for unreliability in that data.

(yy) The errors of the Special Tribunal and failure to account for Current State may result in exceedances of the limits and breaches of an order at the date of gazettal.

(zz) To avoid unintended and unlawful consequences of immediate exceedances of Schedule 3 limits at the date of gazettal the Draft Order should provide for limits to be set to reflect Current State and/or data collected (excluding outliers) over the monitoring history at Te Waikoropupū Springs.

(aaa) Aquifer pressure is listed in Schedule 3 as a water quality limit. It is not a water quality limit, duplicates clause 8 and is unnecessary.

Relief Sought

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 10

(bbb) Delete Schedule 3 and amend clause 9 to require the TDC to populate values in the TRMP for the indicators as measured at the date of gazettal in light of the historic data set, with the exception of aquifer pressure, which should be deleted, for example as set out at Schedule A.

(ccc) In the alternative, amend Schedule 3 to reflect limits as measured at the date of gazettal or to update the data set relied on to populate the Schedule to reflect best available data, including the provision of explanatory notes to assist with the monitoring obligations on TDC, with the exception of aquifer pressure, which should be deleted.

Schedule 1 & 2

(ddd) TDC seek amendments to Schedules 1 and 2 to:

(i) Remove unnecessary text where terms are already defined e.g. Te Waikoropupū Springs at Schedule 1.

(ii) Ensure consistency with the balance of the Draft Order.

(iii) Remove references to hydraulically connected in Schedule 2 to avoid uncertainty associated with that phrase.

Relief Sought

(eee) Amend Schedules 1 and 2 as particularised in Schedule A.

9 Tasman District Council seeks the following further relief:

(a) Amendments to the Draft Order as set out at Schedule A.

(b) Such further relief as just and necessary to grant the relief sought above; and

10 Tasman District Council attaches the following documents:

(a) Affidavit of Dennis Claude Bush-King in support of Tasman District Council’s Motion of Notice to the Environment Court.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 11

(b) A copy of Tasman District Council’s submission to the Special Tribunal as an exhibit to Mr Bush-King’s affidavit.

(d) A list of names and addresses of persons to be served with a copy of this notice at Schedule B.

Dated this1st day of May 2020

______

C P Thomsen Counsel for the Submitter

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 12

Address for service of the Submitter:

This notice of motion was filed by CHRISTOPHER PAUL THOMSEN, solicitor for the Submitter of the firm Fletcher Vautier Moore. The address for service of the above-named Submitter is at the offices of Fletcher Vautier Moore, Solicitors, 265A Queen Street, Richmond, Nelson.

Documents for service on the Submitter may be:

(a) Posted to the solicitor at Fletcher Vautier Moore, Solicitors, P O Box 3029, Richmond, Nelson; or

(b) Left for the solicitor at a document exchange for direction to DX WC71017, Richmond, Nelson; or

(c) Transmitted to the solicitor by facsimile to (03) 543 8302 provided original documents are then posted to the solicitor; or

(e) Sent by email to [email protected] provided original documents are then posted to the solicitor.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 13

Schedule A

Te Waikoropupū Springs and the Arthur Marble Aquifer Water Conservation Order

7 March 2020

…

3. Interpretation

In this order, unless the context otherwise requires:

...

Artesian Boundary means the boundary between the confined and unconfined parts of the Arthur Marble Aquifer as shown in Figure x. The confined parts are those parts covered by impermeable caprock. Note: This boundary is illustrated, for information purposes only, in Figure 1.

Arthur Marble Aquifer means the aquifer identified in Schedule 1 and shown in Figure x, underlying the Takaka Valley, South Island, New Zealand; and includes both the Confined and Unconfined parts of the Aquifer.

Arthur Marble Aquifer Recharge Area means the surface and groundwaters in the catchment area that contributes to recharge of the unconfined part of the Arthur Marble Aquifer as shown in Figure 3.

…

Main Spring refers to the Main Spring permanently artesian upwelling of Te Waikoropupū Springs, as shown in Figure x. and extends to the point of Spring Creek above the entry point of Fish Creek.

Takaka River and its Tributaries means the Takaka and Waingaro Rivers and their tributaries that are within the Arthur Marble Aquifer Recharge Area identified in Schedule 2, excluding the Anatoki River and its tributaries, and the parts of the Takaka

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 14

and Waingaro Rivers and their tributaries that are downstream of the Artesian Boundary.

Te Waikoropupū Springs means the Main Spring, (including Dancing Sands Spring), Fish Creek Springs as identified in Schedule 1 and Figure x.

4. Outstanding characteristics, features and values

The waters identified in Schedules 1 and 2 include or contribute to, to the extent specified in Schedules 1 and 2, the following outstanding characteristics and features:

a) Significance in accordance with tikanga Māori in respect of Ngāti Tama ki Te Tau Ihu and other manawhenua iwi (Te Atiawa and Ngati Rarua) including history, kaitiakitanga, mahinga kai, wahi tapu, wahi whakahirahira, waiora and customary protection of flora and fauna b) Spiritual values c) Visual clarity values d) Scientific and ecological values e) Biodiversity values f) Habitat for indigenous stygofauna and biofilm g) Habitat for indigenous fauna h) Habitat for indigenous flora i) Recreational values j) Wild, scenic and natural characteristics

…

7. Restrictions on alterations of flow aquifer depth and form

No resource consent may be granted or rule included in a regional plan that –

a. Will cause the flow of groundwater from the Te Waikoropupū Springs Main Spring to fall below its mean annual low flow [being a flow of 6895 litres per second].

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 15

b. Will authorise any additional (not already lawfully established or authorised by a resource consent which has been given effect to at the time this Order comes into force) abstraction of groundwater from any part of the Arthur Marble Aquifer Recharge Area of the Schedule 1 Arthur Marble Aquifer, unless the terms of subclause e below have been met.

c. Will authorise any additional abstraction of ground or surface water from any part of Te Waikoropupū Springs, as specified in Schedule 1, not already lawfully established or authorised by a resource consent which has been given effect to at the time this Order comes into force.

d. Will authorise any additional (not already lawfully established or authorised by a resource consent which has been given effect to at the time this Order comes into force) abstraction of water from any river or stream surface water that contributes to the recharge of the Arthur Marble Aquifer, where the abstraction point is within the Arthur Marble Aquifer Recharge Area and the waters are specified in Schedule 2, unless the terms of subclause e) below have been met.

e. Will result in the cumulative consented consumptive abstraction from the waters in Schedules 1 and 2 exceeding 10% of the 7-day mean annual low flow at Te Waikoropupū Springs (10% of the mean annual low flow being 766 litres per second), provided that this subclause will only permit additional consumptive abstraction from an the waters in Schedule 2 or from a groundwater abstraction point within the recharge zone of the Arthur Marble Aquifer

Recharge Area if monitoring of NO3-N at Te Waikoropupū Springs the Main Spring has established that the annual

median of monthly samples of NO3-N has not increased for a period of 3 consecutive years breached the limits of the parameters identified under clause 9.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 16

[Example clause only]

8. Restrictions on alteration of aquifer pressure No resource consent may be granted or rule included in a regional plan that will cause the level of groundwater at Bore WWD 6013 (at NZTM 1580464/5478079) to fall below a daily average groundwater level of 14.24m AMSL (Mean Sea Level to Tarakohe Vertical Datum 1982).

9. Requirement to protect water quality [Example clause only]

No resource consent may be granted or rule included in a regional plan relating to the point or diffuse discharge of contaminants into waters, or onto land in instances where it may enter waters in the Arthur Marble Aquifer Recharge Area that recharge the Arthur Marble Aquifer and contribute to the flow of Te Waikoropupū Springs that will cause, either by itself or in combination with any existing consents, lawfully established activities or rules the limits specified in Schedule 3 to be breached, the 3-year annual median or 95% percentile measured at the time this order comes into force, to be breached for a breach of the following parameters:

i. Nitrate.

ii. Ammonical Nitrogen.

iii. Dissolved Reactive Phosphorus.

iv. Dissolved Oxygen.

v. Dissolved Organic Carbon.

vi. Water Clarity.

As measured at the time this order comes into force.

…

12. Existing consents and lawful uses

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 17

a) Nothing in this Order shall affect or restrict any resource consent granted or lawful use established prior to this Order coming into force in respect of the protected waters in Schedule 1 or 2.

…

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 18

Schedule 1 Waters to be retained in natural state and protected

Outstanding Characteristics or Values to be Conditions Clauses to Waters Protected Features and contribution to Apply outstanding characteristics and features

Amenity and Intrinsic values afforded by natural Natural state (cl 5) state No groundwater Biodiversity Habitat for stygofauna and biofilm Abstraction with the exception of (cl 7) Habitat for indigenous wildlife Confined and (existing consents; new unconfined Arthur Wild characteristics consents only if Marble Aquifer monitoring result Natural characteristics – water quality and clarity, (refer to Figure x requirement is satisfied) contribution to artesian flow; karst below) geology/aquifer system Maintain Spring artesian flow (cl 8) Scientific and ecological values – water quality; water clarity; artesian flow; ecosystem services Water quality – no discharge of Significance in accordance with tikanga Māori contaminants (cl 9)

Amenity and intrinsic values afforded by natural state Biodiversity Habitat for indigenous wildlife Te Waikoropupū Habitat for indigenous flora Natural state (cl 5) Springs (refer to Wild characteristics Figure x) (Main No Abstraction (cl 7(c)) Spring, Dancing Scenic characteristics Maintain Spring Sands Spring and Natural characteristics – water quality and clarity; artesian flow (cl 8) Fish Creek Springs - artesian flow; from karst geology/aquifer system as shown on Figure Maintain Spring water 1) Scientific and ecological values – water quality; quality (cl 9) water clarity; artesian flow, ecosystem services Recreation Spiritual values Significance in accordance with tikanga Māori

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 19

Schedule 2 Waters to be protected for their contribution to outstanding characteristics

Contribution to Outstanding Conditions Waters Characteristics or Features Clauses to Apply Takaka River and its Tributaries within the Arthur Marble Aquifer Contribution to: Recharge Area Habitat for wildlife Abstraction (cl 7) as shown in Figure x Takaka Wild and scenic characteristics Maintain Spring River to its Natural characteristics – water artesian flow (cl 8) headwaters; and quality, water and clarity; artesian the surface water flow; karst geology/aquifer system tributaries as Springs Water shown in the Scientific and ecological values – quality cl 9) Takaka River water quality, water clarity; AMA water quality Basin on Figure 1, artesian flow; ecosystem services (cl 9) including the Significance in accordance with Waingaro River tikanga Māori but excluding the Anatoki River and the Waikoropupū River. Groundwater within the Arthur Marble Aquifer Recharge Area (including parts of the Takaka Contribution to: Limestone Aquifer Biodiversity (TLA) and the Takaka Habitat for stygofauna and biofilm Abstraction (cl 7) Unconfined Habitat for indigenous wildlife Gravel Aquifer Maintain Spring Wild characteristics (TUGA)); as artesian flow (cl 8) shown in Figure x Natural characteristics – water Spring Water Groundwater quality, water and clarity; artesian quality (cl 9) hydraulically flow; karst geology/aquifer system connected to the AMA water quality Scientific and ecological values – waters specified (cl 9) in Schedule 2 but water quality; water clarity; not identified in artesian flow, ecosystem services Schedule 1, Significance in accordance with including those tikanga Māori parts of the Takaka Limestone Aquifer (TLA) and the Takaka Unconfined

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 20

Gravel Aquifer (TUGA) that lie in the recharge zone of the Arthur Marble Aquifer, being upstream of the Artesian Boundary as shown on Figure 2.

Insert new figures 1, 2 and 3.

…

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 21

Delete Schedule 3

OR IN THE ALTERNATIVE

Schedule 3

Water Quality Limits

Limits Te Waikoropupū Springs at Main Indicator Spring (note 1)

Nitrate-nitrogen (notes TBC) X 0.44 mg/L NO3-N/L

Ammoniacal nitrogen (notes Y 0.015 mg NH -N/L TBC) 4

Dissolved reactive phosphorus (DRP) (notes Z 0.005 mg/L TBC)

Dissolved oxygen (DO) Water discharging from the Springs is No concentration (notes TBC) less than A% saturated

Dissolved Organic Carbon B Undetectable (DOC) (notes TBC)

Aquifer pressure (note 6) 14.24m AMSL

Clarity to not decrease below:

Water clarity (notes TBC) (a) C 68m (5th percentile); or

(b) D 73m (median).

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 22

Schedule B Persons to be served with a copy of this notice

Name of person to be served Address of person to be served The applicants - Ngāti Tama ki te [email protected] Waipounamu Trust and Andrew Yuill and [email protected] The Minister for the Environment Minister for Environment Private Bag 18041 Parliament Buildings Wellington 6160 Ngati Toa Rangatira Te Atiwa o Te Waka-a-Maui Ngāti Apa ki te Rā Tō Te Runanga o Ngāti Kuia Trust Ngāti Rārua Settlement Trust Te Pātaka o Ngāti Kōata/Ngāti Kōata Trust Te Runanga a Rangitāne o Wairau Trust/Rangitaāne o Wairau Settlement Trust Every person who made a submission Environmental Protection on the application Authority to serve submitters as per the Environment Court’s Minute of 24 April 2020.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 23

Advice to recipients of copy of this Notice

How to become party to proceedings If you wish to become a party to the proceedings, you must lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the submitter within 15 working days after— (a) the period for lodging a notice of appeal ends, if the proceedings are an appeal; or (b) the decision to hold an inquiry, if the proceedings are an inquiry; or (c) the proceedings are commenced, in any other case. You must serve copies of your notice on all other parties within 5 working days after the period for lodging this notice with the Environment Court ends. You may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing requirements (see form 38). Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11A of the Resource Management Act 1991.

How to be heard on this application If you wish to be heard on this application, you must lodge a notice (in form 37) with the Environment Court and serve a copy of the notice on the applicant within 15 working days after you were served with this notice.

Advice If you have any questions about this notice, contact the Environment Court in Christchurch.

g:\client data\561101\12\d200501cpt-final submission tdc.docx page 24