Consents and Regulatory Committee Agenda November 2016

Consents and Regulatory Committee

Tuesday 22 November 2016 10.30am Taranaki Regional Council, Stratford Consents and Regulatory Committee Tuesday 22 November 2016 - Agenda

Agenda for the meeting of the Consents and Regulatory Committee to be held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 22 November 2016 commencing at 10.30am.

Members Councillor M P Joyce (Committee Chairperson) Councillor M J Cloke Councillor M G Davey Councillor C L Littlewood Councillor M J McDonald Councillor B K Raine Councillor N W Walker

Councillor D L Lean (ex officio) Councillor D N MacLeod (ex officio)

Apologies

Notification of Late Items

Item Page Subject Item 1 3 Receipt of Minutes - 30 August 2016 Item 2 9 Resource consents issued under delegated authority and applications in progress Item 3 34 Update on Resource Legislation Amendment Bill Item 4 42 Consent monitoring annual reports Item 5 84 Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA Item 6 127 Incident Register - 8 August 2016 to 31 October 2016 Item 7 188 Prosecution Sentencing Decision - S Fisher, R&F Farms Limited, R Collingwood and Collingwood Civil Limited Item 8 197 Prosecution Sentencing Decision - J Mead Item 9 204 Prosecution Sentencing Decision - C Boyd Item 10 212 General Business Item 11 213 Public Excluded Item 12 214 Receipt of Confidential Minutes - 30 August 2016

2 Consents and Regulatory Committee Tuesday 22 November 2016 - Receipt of Minutes

Agenda Memorandum

Date 22 November 2016

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Minutes Consents and Regulatory Committee meeting – 30 August 2016

Item: 1

Approved by: G K Bedford, Director-Environment Quality

B G Chamberlain, Chief Executive

Document: 1776989

Resolve That the Consents and Regulatory Committee of the Taranaki Regional Council: 1. receives the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 30 August 2016 at 10.30am 2. notes that the minutes of the Consents and Regulatory Committee Meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 30 August 2016 at 10.30am were authenticated by the Committee Chairperson, M J Cloke, and the Taranaki Regional Council Chief Executive, B G Chamberlain, pursuant to Model Standing Orders. Matters arising Appendices Document #1737479 –Minutes Consents and Regulatory Committee Tuesday 30 August 2016

3 Consents and Regulatory Committee Tuesday 22 November 2016 - Receipt of Minutes

Minutes of the Consents and Regulatory Committee Meeting of the Taranaki Regional Council, held in the Taranaki Regional Council Chambers, 47 Cloten Road, Stratford, on Tuesday 30 August 2016 at 10.30am.

Members Councillors M J Cloke (Committee Chairperson) M G Davey P D Horton M A Irving M P Joyce R F H Maxwell N W Walker

D L Lean (ex officio)

Attending Messrs B G Chamberlain (Chief Executive) G K Bedford (Director-Environment Quality) C H McLellan (Consents Manager) B E Pope (Compliance Manager) R Phipps (Science Manager) Mrs V McKay (Science Manager) Ms H Meintjes (Science Manager) Mrs K van Gameren (Committee Administrator) Mr R Ritchie (Communications Manager)

One Member of the media.

Apologies The apology from Councillor D N MacLeod was received and sustained.

Notification of Late Items There were no late items of general business.

1. Confirmation of Minutes – 26 July 2016

Resolved

THAT the Consents and Regulatory Committee of the Taranaki Regional Council

1. takes as read and confirms the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 26 July 2016 at 10.30am

Doc# 1737479-v1

4 Consents and Regulatory Committee Tuesday 22 November 2016 - Receipt of Minutes

2. notes that the recommendations therein were adopted by the Taranaki Regional Council on 16 August 2016. Davey/Cloke

Matters Arising

There were no matters arising.

2. Resource consents issued under delegated authority and applications in progress

2.1 The Committee considered and discussed the memorandum advising of consents granted, consents under application and of consent processing actions since the last meeting of the Committee.

Recommended

THAT the Taranaki Regional Council 1. receives the schedule of resource consents granted and other consent processing actions, made under delegated authority Cloke/Lean

3. Consent monitoring annual reports

3.1 Ms H Meintjes, Science Manager, spoke to the memorandum and answered questions concerning 18 tailored compliance monitoring reports covering the monitoring periods 2014-2016, and provided an overview on environmental performance and consent compliance for each report.

Recommended

THAT the Taranaki Regional Council 1. receives the 16-08 Motukawa HEP Trustpower Annual Report 2015-2016 and adopts the specific recommendations therein 2. receives the 16-57 Cheal Petroleum Limited - Deep Well Injection Annual Report 2015-2016 and adopts the specific recommendations therein

3. receives the 16-64 Central Greenwaste Biennial Report 2014-2016 and adopts the specific recommendations therein

4. receives the 16-65 Groundworkx Taranaki Biennial Report 2014-2016 and adopts the specific recommendations therein

5. receives the 16-66 Dimar Partnership Annual Report 2015-2016 and adopts the specific recommendations therein

Consents and Regulatory Committee Meeting Tuesday 30 August 2016

5 Consents and Regulatory Committee Tuesday 22 November 2016 - Receipt of Minutes

6. receives the 16-69 NPDC Landfills Annual Report 2015-2016 and adopts the specific recommendations therein 7. receives the 16-72 Eltham Central Landfill Baseline Annual Report 2015-2016 and adopts the specific recommendations therein 8. receives the 16-76 Waverley Sawmills Annual Report 2015-2016 and adopts the specific recommendations therein 9. receives the 16-78 Concrete Batching Plants Annual Report 2015-2016 and adopts the specific recommendations therein 10. receives the 16-101 NPDC WTP Annual Report 2015-2016 and adopts the specific recommendations therein 11. receives the 16-102 SDC Water Supplies 2015-2016 Annual Report and adopts the specific recommendations therein 12. receives the 16-103 South Taranaki Water Supplies 2015-2016 Annual Report and adopts the specific recommendations therein 13. receives the 16-104 Todd Energy Aquatic Centre Annual Report 2015-2016 and adopts the specific recommendations therein 14. receives the 16-105 Pacific Natural Gut String Company Annual Report 2015-2016 and adopts the specific recommendations therein 15. receives the 16-108 Urenui and Onaero Beach Camps Annual Report 2015-2016 and adopts the specific recommendations therein 16. receives the 16-109 Wai-inu Beach Settlement Annual Report 2015-2016 and adopts the specific recommendations therein 17. receives the 16-110 Wai-iti Beach Retreat 2015-2016 Annual Report and adopts the specific recommendations therein 18. receives the 16-116 Ample Group Ltd Annual Report 2015-2016 and adopts the specific recommendations therein Maxwell/Walker

4. Incident Register – 1 July 2016 to 7 August 2016

4.1 The Committee received and noted the summary of the Council’s Incident Register for the period 14 May 2016 to 30 June 2016.

4.2 Mr B E Pope, Compliance Manager, provided an overview to the Committee on the reported incidents and answered questions concerning officer responses to non- compliances.

4.3 The non-compliant incident regarding unauthorised dumping at Hicks Road, Hawera (plastic polymer beads from the Fonterra Whareroa site) was noted and discussed. Mr Pope advised the Committee that investigations were continuing and the Committee would be provided with an update on further development regarding this matter.

Consents and Regulatory Committee Meeting Tuesday 30 August 2016

6 Consents and Regulatory Committee Tuesday 22 November 2016 - Receipt of Minutes

Recommended

THAT the Taranaki Regional Council 1. receives the memorandum 2. receives the summary of the Incident Register for the period from 1 July 2016 to 7 August 2016, notes the action taken by staff and adopts the recommendations therein Lean/Horton

5. General Business

Thanks and Acknowlegements

Committee Chairperson, M J Cloke, thanked the Members and Council management and officers for their work and support of the Committee during the 2013-2016 triennium. The meeting is the last to be held prior to the 2016 local authority elections. Thanks and acknowledgement were passed to Councillor M A Irving and Councillor R F H Maxwell who are not seeking re-election and are standing down from the Council.

6. Public Excluded

In accordance with section 48(1) of the Local Government Official Information and Meetings Act 1986, resolves the public is excluded from the following part of the proceedings of the Consents and Regulatory Committee meeting held on Tuesday 30 August 2016 for the following reason/s:

Item 7 Confirmation of Confidential Minutes – 26 July 2016

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where such disclosure would be likely to prejudice the maintenance of the law, including the prevention, investigation and detection of offences, and the right to a fair trial.

Cloke/Joyce

There being no further business, the Committee Chairperson Councillor M J Cloke, declared the Consents and Regulatory Committee meeting closed at 11.10am.

Consents and Regulatory Committee Meeting Tuesday 30 August 2016

7 Consents and Regulatory Committee Tuesday 22 November 2016 - Receipt of Minutes

Minutes authenticated pursuant to Model Standing Orders

Consents and Regulatory Committee Chairperson ______M J Cloke

Taranaki Regional Council Chief Executive ______B G Chamberlain

Consents and Regulatory Committee Meeting Tuesday 30 August 2016

8 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Agenda Memorandum

Date 22 November 2016

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Resource consents issued under delegated authority and applications in progress

Item: 2

Approved by: A D McLay, Director – Resource Management

B G Chamberlain, Chief Executive

Document: 1775288

Purpose The purpose of this memorandum is to advise the Committee of consents granted, consents under application and of consent processing actions since the last meeting. This information is summarised in figures at the end of this report.

Executive summary Memorandum to advise the Committee of recent consenting actions made under regional plans and the Resource Management Act, in accordance with Council procedures and delegations.

Recommendation That the Taranaki Regional Council: 1. receives the schedule of resource consents granted and other consent processing actions, made under delegated authority.

Background The following resource consent applications have been investigated by officers of the Taranaki Regional Council. They are activities with less than minor adverse effects on the environment or minor effects and affected parties have agreed to the activity. In accordance with sections 104 to 108 and section 139 of the Resource Management Act 1991, and pursuant to delegated authority to make decisions on consent applications, the Chief Executive or the Director—Resource Management has granted the consents/certificates of compliance.

9 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

The exercise of delegations under the Resource Management Act 1991 is reported for Committee Members’ information. Under the delegations manual, consent processing actions are to be reported to the Consents and Regulatory Committee.

The attached appendices (consent applications in progress) show the total number of applications in the consent processing system over the last twelve months. The number of applications for the renewal of resource consents is also shown. The difference between the two is the number of new applications, including applications for a change of conditions. New applications take priority over renewal applications. Renewal applications are generally put on hold, with the agreement of the applicant, and processed when staff resources allow. A consent holder can continue to operate under a consent that is subject to renewal. The above approach is pragmatic and ensures there are no regulatory impediments to new activities requiring authorisation.

Also attached are the following:  Applications in progress table - the number of applications in progress at the end of each month (broken down into total applications and the number of renewals in progress) for this year and the previous two years.  Consents issued table - the number of consents issued at the end of each month for this year and the previous two years.  Potential hearings spreadsheet outlining the current status of limited/notified applications where hearing committees have been appointed.  Breakdown of consents issued. This is the number of consents issued broken down by purpose – new, renewals, changes or review.  Types of consents issued, further broken down into notification types – non-notified, limited notified or public notified.  Public and iwi involvement in non-notified consents. This assessment excludes routine farm dairy discharges as generally affected party approval and iwi consultation is not required for these.  Application processing time extensions used compared to the previous years.  Consent type process shows the notification type including applications submitted on and the pre-hearing resolution numbers.

Discussion Part 6 (Planning, decision-making and accountability) of the Local Government Act 2002 has been considered and documented in the preparation of this agenda item. The recommendations made in this item comply with the decision-making obligations of the Act.

Decision-making considerations Part 6 (Planning, decision-making and accountability) of the Local Government Act 2002 has been considered and documented in the preparation of this agenda item. The recommendations made in this item comply with the decision-making obligations of the Act.

Financial considerations—LTP/Annual plan This memorandum and the associated recommendations are consistent with the Council’s adopted Long-Term Plan and estimates. Any financial information included in this memorandum has been prepared in accordance with generally accepted accounting practice.

10 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Policy considerations This memorandum and the associated recommendations are consistent with the policy documents and positions adopted by this Council under various legislative frameworks including, but not restricted to, the Local Government Act 2002, the Resource Management Act 1991 and the Biosecurity Act 1993.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments List of non-notified consents (document #1775285) Schedule of non-notified consents (document #1775285) Consents processing charts for Agenda (document #1773359)

11 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

Consent Holder Subtype Discharge Permit R2/2296-3.0 Department of Conservation Land - Misc R2/5776-2.0 Mitchell Family Trust Land - animal waste R2/2746-3.0 Hwitan Tune Holdings Limited Land - animal waste R2/1620-3.1 Waihone Farm Limited Partnership Land - animal waste R2/2530-3.0 DJ & Estate LA Houghton Land - animal waste R2/10330-1.0 Greymouth Petroleum Taranaki Limited Land/Water Industry R2/10328-1.0 Greymouth Petroleum Taranaki Limited Land - stormwater R2/10331-1.0 Greymouth Petroleum Taranaki Limited Land - Hydraulic Fracturing R2/0756-3.0 I W & K D Shearer Family Trusts Water - Animal Waste R2/9327-2.0 PeasePartnership & Co Limited Water - Animal Waste R2/10326-1.0 Greymouth Petroleum Taranaki Limited Air - Industry R2/10327-1.0 Greymouth Petroleum Taranaki Limited Air - Industry R2/10335-1.0 Todd Energy Limited Land - stormwater R2/3100-2.1 Peter Anthony Myers Land - animal waste R2/10322-1.1 Christopher Herd Land/Water Industry R2/10341-1.1 Waitotara Forest Limited Land - stormwater R2/10348-1.0 Greymouth Petroleum Limited Land - Hydraulic Fracturing R2/10347-1.0 Maree Zimmerman Land - Misc R2/10283-1.0 Trustpower Limited Air - Dust R2/10288-1.0 Trustpower Limited Land/Water Industry R2/10342-1.1 Limbec Holdings Limited Land - stormwater R2/5322-2.0 Westside New Zealand Limited Land/Water Industry R2/5324-2.0 Westside New Zealand Limited Air - Industry R2/5744-2.0 Westside New Zealand Limited Land/Water Industry R2/5928-2.0 Westside New Zealand Limited Land - Industry R2/5746-2.0 Westside New Zealand Limited Air - Industry R2/5951-2.0 Westside New Zealand Limited Land - stormwater R2/10352-1.0 Todd Energy Limited Land - Misc R2/10353-1.0 Todd Energy Limited Land - Misc R2/10354-1.0 Cheal Petroleum Limited Land - DWI R2/10356-1.0 Petrochem Limited Land - Hydraulic Fracturing Land Use Consent R2/10336-1.0 Valintine Contracting Structure - Culvert R2/10325-1.0 South Taranaki District Council Structure - Erosion Control R2/10227-1.0 Settlers Bush Trustees Limited Dam/Weir R2/5963-2.0 Skafmo Trusts 1 & 2 Dam/Weir

#1775285-v1

12 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10338-1.0 Hey Trust Realign Waterway R2/10334-1.0 Todd Energy Limited Realign Waterway R2/10332-1.0 Christopher Herd Pipe Waterway R2/10344-1.0 Shell Todd Oil Services Ltd Bore/Well R2/10345-1.0 Dign4u Limited Pipe Waterway R2/10277-1.0 Trustpower Limited Structure - Culvert R2/10278-1.0 Trustpower Limited Structure - Culvert R2/10279-1.0 Trustpower Limited Structure - Culvert R2/10280-1.0 Trustpower Limited Structure - Culvert R2/10281-1.0 Trustpower Limited Structure - Culvert R2/10282-1.0 Trustpower Limited Structure - Culvert R2/10287-1.0 Trustpower Limited Reclamation R2/10351-1.0 R A Wallis Limited Disturb R2/6123-2.0 Westside New Zealand Limited Structure - Pipeline R2/10355-1.0 Mangaone Manuka Limited Structure - Culvert Water Permit R2/2261-3.1 Silver Fern Farms Management Limited Take Groundwater R2/10290-1.0 Cheal Petroleum Limited Take Groundwater R2/10329-1.0 Greymouth Petroleum Taranaki Limited Take produced water R2/10120-1.1 SC & MJ O'Neill Family Trust Take Groundwater R2/10284-1.0 Trustpower Limited Take Groundwater R2/10285-1.0 Trustpower Limited Take Groundwater R2/10286-1.0 Trustpower Limited Take Surface Water Coastal Permit R2/5094-2.1 New Plymouth District Council Disturb Foreshore (Coastal) R2/5761-2.1 New Plymouth District Council Occupy (Coastal) R2/7007-2.0 New Plymouth District Council Structure - Protection (Coastal)

#1775285-v1

13 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

#1775285-v1 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10277-1.0 Trustpower Limited Structure - Culvert R2/10278-1.0 Trustpower Limited Structure - Culvert R2/10279-1.0 Trustpower Limited Structure - Culvert R2/10280-1.0 Trustpower Limited Structure - Culvert R2/10281-1.0 Trustpower Limited Structure - Culvert R2/10282-1.0 Trustpower Limited Structure - Culvert R2/10287-1.0 Trustpower Limited Reclamation R2/10351-1.0 R A Wallis Limited Disturb R2/6123-2.0 Westside New Zealand Limited Structure - Pipeline R2/10355-1.0 Mangaone Manuka Limited Structure - Culvert Water Permit R2/2261-3.1 Silver Fern Farms Management Limited Take Groundwater R2/10290-1.0 Cheal Petroleum Limited Take Groundwater R2/10329-1.0 Greymouth Petroleum Taranaki Limited Take produced water R2/10120-1.1 SC & MJ O'Neill Family Trust Take Groundwater R2/10284-1.0 Trustpower Limited Take Groundwater R2/10285-1.0 Trustpower Limited Take Groundwater R2/10286-1.0 Trustpower Limited Take Surface Water Coastal Permit R2/5094-2.1 New Plymouth District Council Disturb Foreshore (Coastal) R2/5761-2.1 New Plymouth District Council Occupy (Coastal) R2/7007-2.0 New Plymouth District Council Structure - Protection (Coastal)

#1775285-v1 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/2296-3.0 Commencement Date: 22 Aug 2016 Department of Conservation Expiry Date: 01 Jun 2034 PO Box 462, New Plymouth 4340 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: Egmont National Park Application Purpose: Replace To discharge domestic effluent from eight recreational facilities within the Egmont National Park to land after treatment in a septic tank

R2/5776-2.0 Commencement Date: 23 Aug 2016 Mitchell Family Trust Expiry Date: 01 Dec 2040 285 Rakaupiko Road, RD 1, Patea 4597 Review Dates: June 2022, June 2028, June 2034 Activity Class: Controlled Location: 264 Rakaupiko Road, Patea Application Purpose: Replace To discharge farm dairy effluent onto land

R2/10336-1.0 Commencement Date: 23 Aug 2016 Valintine Contracting Expiry Date: 01 Jan 2017 180 Opunake Road, RD 21, Stratford 4391 Review Dates: Activity Class: Discretionary Location: 659 Puniwhakau Road, Puniwhakau Application Purpose: New To install a temporary culvert in the Puniwhakau Stream to provide temporary access for forest harvesting purposes

R2/2261-3.1 Commencement Date: 23 Aug 2016 Silver Fern Farms Management Limited Expiry Date: 01 Jun 2040 PO Box 941, Dunedin 9054 Review Dates: June 2022, June 2028, June 2034 Activity Class: Discretionary Location: Waiinui Beach Road, Waitotara Application Purpose: Replace To take groundwater from three bores in the vicinity of the Waitotara River for meat processing purposes

Doc #1775223-v1 16 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/2746-3.0 Commencement Date: 24 Aug 2016 Hwitan Tune Holdings Limited Expiry Date: 01 Dec 2040 BJ & LM Whittington, 774 Beaconsfield Road, Review Dates: June 2022, June 2028, RD 24, Stratford 4394 June 2034 Activity Class: Controlled Location: 774 Beaconfield Road, Stratford Application Purpose: Replace To discharge farm dairy effluent onto land

R2/10325-1.0 Commencement Date: 26 Aug 2016 South Taranaki District Council Expiry Date: 01 Jun 2034 Chief Executive, Private Bag 902, Hawera 4640 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: Makakaho Road, Ngamatapouri Application Purpose: New To install erosion protection measures in the bed of an unnamed tributary of the Makakaho Stream

R2/10227-1.0 Commencement Date: 29 Aug 2016 Settlers Bush Trustees Limited Expiry Date: 01 Jun 2032 134 Barrett Road, Whalers Gate, Review Dates: June 2020, June 2026 New Plymouth 4130 Activity Class: Discretionary Location: Honeyfield Drive, Whalers Gate Application Purpose: New To construct and use a dam in an unnamed tributary of the Mangahererangi Stream

R2/1620-3.1 Commencement Date: 31 Aug 2016 Waihone Farm Limited Partnership Expiry Date: 01 Dec 2030 144A Hone Road, RD 32, Opunake 4682 Review Dates: June 2018, June 2024 Activity Class: Discretionary Location: Watino Road, Pihama Application Purpose: Change To discharge farm dairy effluent onto land

Change of conditions to increase the herd size

17 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/5963-2.0 Commencement Date: 01 Sep 2016 Skafmo Trusts 1 & 2 Expiry Date: 01 Jun 2034 210 Douglas Road, RD 22, Stratford 4392 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: 210 Douglas Road, Douglas Application Purpose: Replace To dam water with a 10 metre earth dam in the Toko Stream for water supply and land improvement purposes

R2/2530-3.0 Commencement Date: 02 Sep 2016 DJ & Estate LA Houghton Expiry Date: 01 Dec 2040 780 Rawhitiroa Road, RD 18, Eltham 4398 Review Dates: June 2022, June 2028, June 2034 Activity Class: Controlled Location: 755 Rawhitiroa Road, Rawhitiroa Application Purpose: Replace To discharge farm dairy effluent onto land

R2/10330-1.0 Commencement Date: 07 Sep 2016 Greymouth Petroleum Taranaki Limited Expiry Date: 01 Jun 2021 PO Box 3394, Fitzroy, New Plymouth 4341 Review Dates: Activity Class: Controlled Location: Ngatoro South wellsite, Application Purpose: New 40 Johns Road, Tariki (Property owner: Taranaki Gold Limited) To discharge stormwater and sediment, deriving from soil disturbance undertaken for the purpose of constructing the Ngatoro South wellsite, onto land where it may enter an unnamed tributary of the Waitepuke Stream

R2/10290-1.0 Commencement Date: 08 Sep 2016 Cheal Petroleum Limited Expiry Date: 01 Jun 2035 PO Box 402, New Plymouth 4340 Review Dates: June 2023, June 2029 Activity Class: Discretionary Location: Cheal-A wellsite, Application Purpose: New 4273 Mountain Road, Ngaere To take and use groundwater for water flooding purposes

18 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10328-1.0 Commencement Date: 08 Sep 2016 Greymouth Petroleum Taranaki Limited Expiry Date: 01 Jun 2033 PO Box 3394, Fitzroy, New Plymouth 4341 Review Dates: June 2021, June 2027 Activity Class: Discretionary Location: Ngatoro South wellsite, Application Purpose: New 40 Johns Road, Tariki (Property owner: Taranaki Gold Limited) To discharge treated stormwater from hydrocarbon exploration and production operations at the Ngatoro South wellsite onto land

R2/10329-1.0 Commencement Date: 08 Sep 2016 Greymouth Petroleum Taranaki Limited Expiry Date: 01 Jun 2033 PO Box 3394, Fitzroy, New Plymouth 4341 Review Dates: June 2021, June 2027 Activity Class: Controlled Location: Ngatoro South wellsite, Application Purpose: New 40 Johns Road, Tariki (Property owner: Taranaki Gold Limited) To take groundwater, as ‘produced water’, during hydrocarbon exploration and production activities at the Ngatoro South wellsite

R2/10331-1.0 Commencement Date: 09 Sep 2016 Greymouth Petroleum Taranaki Limited Expiry Date: 01 Jun 2033 PO Box 3394, Fitzroy, New Plymouth 4341 Review Dates: June Annually Activity Class: Discretionary Location: Ngatoro South wellsite, Application Purpose: New 40 Johns Road, Tariki (Property owner: Taranaki Gold Limited) To discharge water based hydraulic fracturing fluids into land at depths greater than 3,600 mTVDss beneath the Ngatoro South wellsite

R2/10120-1.1 Commencement Date: 13 Sep 2016 SC & MJ O'Neill Family Trust Expiry Date: 01 Jun 2034 176 Sole Road, RD 23, Stratford 4393 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: 252 Sole Road, Stratford Application Purpose: Change To take and use groundwater from a bore for farm water supply purposes

Change of consent conditions to remove the consent conditions pertaining to the requirement to install and maintain a water meter

19 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/0756-3.0 Commencement Date: 13 Sep 2016 I W & K D Shearer Family Trusts Partnership Expiry Date: 01 Dec 2040 646A East Road, RD 22, Stratford 4392 Review Dates: June 2022, June 2028, June 2034 Activity Class: Controlled Location: 646A East Road, Toko Application Purpose: Replace To discharge farm dairy effluent onto land, and until 1 June 2020 after treatment in an oxidation pond system and a wetland into an unnamed tributary of the Manawawiri Stream

R2/9327-2.0 Commencement Date: 15 Sep 2016 Pease & Co Limited Expiry Date: 01 Dec 2040 PO Box 82, Hawera 4640 Review Dates: June 2022, June 2028, June 2034 Activity Class: Controlled Location: 616 Manawapou Road, Hawera Application Purpose: Replace To discharge farm dairy effluent onto land, and until 1 June 2020 after treatment in an oxidation pond system and a constructed drain into Unnamed Stream 14

R2/10326-1.0 Commencement Date: 23 Sep 2016 Greymouth Petroleum Taranaki Limited Expiry Date: 01 Jun 2033 PO Box 3394, Fitzroy, New Plymouth 4341 Review Dates: June 2021, June 2027 Activity Class: Controlled Location: Ngatoro South wellsite, Application Purpose: New 40 Johns Road, Tariki (Property owner: Taranaki Gold Limited) To discharge contaminants to air from hydrocarbon exploration at the Ngatoro South wellsite, including combustion involving flaring or incineration of petroleum recovered from natural deposits, in association with well development or redevelopment and testing or enhancement of well production flows

R2/10327-1.0 Commencement Date: 23 Sep 2016 Greymouth Petroleum Taranaki Limited Expiry Date: 01 Jun 2033 PO Box 3394, Fitzroy, New Plymouth 4341 Review Dates: June 2021, June 2027 Activity Class: Restricted discretionary Location: Ngatoro South wellsite, Application Purpose: New 40 Johns Road, Tariki (Property owner: Taranaki Gold Limited) To discharge emissions to air associated with hydrocarbon producing wells at the Ngatoro South wellsite

20 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10338-1.0 Commencement Date: 20 Sep 2016 Hey Trust Expiry Date: 01 Jun 2034 Andrew Hey, 224 Monmouth Road, RD 24, Review Dates: June 2022, June 2028 Stratford 4394 Activity Class: Discretionary Location: 224 Monmouth Road, Stratford Application Purpose: New To realign a section of an unnamed tributary of the Kahouri Stream through a newly constructed channel, including associated streambed disturbance and reclamation

R2/5094-2.1 Commencement Date: 21 Sep 2016 New Plymouth District Council Expiry Date: 01 Jun 2025 Private Bag 2025, New Plymouth 4342 Review Dates: June 2021 Activity Class: Discretionary Location: Urenui Beach Road, Urenui Application Purpose: Change To disturb the bed of the coastal marine area of the Urenui Foreshore by the movement of loose unconsolidated foreshore sediment and driftwood for dune shaping, seawall toe sand replacement, access maintenance and coastal erosion protection purposes

Change to consent conditions to include the movement of sand and small particles from the low and mid tidal area to the toe of the Urenui low level rock seawall extension

R2/5761-2.1 Commencement Date: 21 Sep 2016 New Plymouth District Council Expiry Date: 01 Jun 2050 Private Bag 2025, New Plymouth 4342 Review Dates: June 2021, June 2027, June 2033, June 2039, June 2045 Activity Class: Discretionary Location: Urenui Beach Road, Urenui Application Purpose: Change To occupy the coastal marine area with a rock rip rap seawall, up to 564 metre long, located on the Urenui Beach foreshore

Change to consent conditions to include occupation of an additional 138 metres of seawall proposed under application 7007-2.0

R2/7007-2.0 Commencement Date: 21 Sep 2016 New Plymouth District Council Expiry Date: 01 Jun 2033 Private Bag 2025, New Plymouth 4342 Review Dates: June 2021, June annually thereafter Activity Class: Discretionary Location: Urenui Beach Road, Urenui Application Purpose: Replace To erect and place a boulder rock rip rap seawall, up to 138 metre long, in the coastal marine area at the Urenui Beach foreshore for coastal erosion protection purposes

21 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10334-1.0 Commencement Date: 22 Sep 2016 Todd Energy Limited Expiry Date: 01 Jun 2033 PO Box 802, New Plymouth 4340 Review Dates: June 2021, June 2027 Activity Class: Discretionary Location: 1414 Otaraoa Road, Tikorangi Application Purpose: New To realign a section of an unnamed tributary of the Mangahewa Stream through a newly constructed channel, including associated streambed disturbance and reclamation

R2/10335-1.0 Commencement Date: 22 Sep 2016 Todd Energy Limited Expiry Date: 01 Jun 2021 PO Box 802, New Plymouth 4340 Review Dates: Activity Class: Controlled Location: 1414 Otaraoa Road, Tikorangi Application Purpose: New To discharge stormwater and sediment arising from earthworks onto land in the vicinity of an unnamed tributary of the Mangahewa Stream

R2/3100-2.1 Commencement Date: 23 Sep 2016 Peter Anthony Myers Expiry Date: 01 Dec 2022 24 Austin Road, RD 13, Hawera 4673 Review Dates: Activity Class: Discretionary Location: 727 Ketemarae Road, Hawera Application Purpose: Change To discharge farm dairy effluent onto land

Change of conditions to increase the herd size and to include discharge from the underpass

R2/10322-1.1 Commencement Date: 27 Sep 2016 Christopher Herd Expiry Date: 01 Jun 2021 11 Adam Lile Drive, New Plymouth 4312 Review Dates: Activity Class: Controlled Location: 45 Ainslee Street, Highlands Park, Application Purpose: New New Plymouth To discharge stormwater and sediment arising from works associated with a residential subdivision onto land and into an unnamed tributary of the Te Henui Stream

22 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10332-1.0 Commencement Date: 27 Sep 2016 Christopher Herd Expiry Date: 01 Jun 2032 11 Adam Lile Drive, New Plymouth 4312 Review Dates: June 2020, June 2026 Activity Class: Discretionary Location: 45 Ainslee Street, New Plymouth Application Purpose: New To disturb the bed of an unnamed tributary of the Te Henui Stream, including associated stream piping and streambed reclamation

R2/10344-1.0 Commencement Date: 03 Oct 2016 Shell Todd Oil Services Ltd Expiry Date: 01 Dec 2016 Private Bag 2035, New Plymouth 4342 Review Dates: Activity Class: Discretionary Location: 722 Normanby Road, Okaiawa Application Purpose: New To drill a hole for seismic survey purposes

R2/10341-1.1 Commencement Date: 04 Oct 2016 Waitotara Forest Limited Expiry Date: 01 Jun 2021 450 Halcombe Road, RD 5, Feilding 4775 Review Dates: June 2019 Activity Class: Controlled Location: Mangawhio Road, Waitotara Application Purpose: New To undertake vegetation disturbance activities and to discharge stormwater and sediment arising from soil disturbance activities associated with harvesting of forest, including roading and tracking onto and into land

R2/10348-1.0 Commencement Date: 06 Oct 2016 Greymouth Petroleum Limited Expiry Date: 01 Jun 2033 PO Box 3394, New Plymouth 4341 Review Dates: June Annually Activity Class: Discretionary Location: Radnor-B wellsite, Radnor Road, Application Purpose: New Midhirst (Property owner: AB & LH Crofskey) To discharge water based hydraulic fracturing fluids into land at depths greater than 3,500 mTVDss beneath the Radnor-B wellsite

23 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10345-1.0 Commencement Date: 07 Oct 2016 Dign4u Limited Expiry Date: 01 Jun 2033 PO Box 238, Inglewood 4347 Review Dates: June 2021, June 2027 Activity Class: Discretionary Location: 3 Lincoln Road, Inglewood Application Purpose: New To install piping in an unnamed tributary of the Kurapete Stream, including associated streambed disturbance and reclamation

R2/10347-1.0 Commencement Date: 12 Oct 2016 Maree Zimmerman Expiry Date: 01 Jun 2033 51 Bertrand Road West, RD 3, Waitara 4373 Review Dates: June 2021, June 2027 Activity Class: Discretionary Location: 51 Bertrand Road, Huirangi Application Purpose: New To discharge treated domestic effluent from a wastewater treatment system onto and into land

R2/10277-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2034 Private Bag 12023, Tauranga 3143 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: Waipipi Road, Waverley Application Purpose: New To install and use six culverts in the Waipipi Stream (Unnamed Stream 9) and its tributaries, including the associated removal of existing culverts, vegetation removal, streambed disturbance, reclamation, damming and diversion

R2/10278-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2034 Private Bag 12023, Tauranga 3143 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: Waipipi Road, Waverley Application Purpose: New To install and use six culverts in the Waipipi Stream (Unnamed Stream 9) and its tributaries, including the associated removal of existing culverts, vegetation removal, streambed disturbance, reclamation, damming and diversion

24 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10279-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2034 Private Bag 12023, Tauranga 3143 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: Waipipi Road, Waverley Application Purpose: New To install and use six culverts in the Waipipi Stream (Unnamed Stream 9) and its tributaries, including the associated removal of existing culverts, vegetation removal, streambed disturbance, reclamation, damming and diversion

R2/10280-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2034 Private Bag 12023, Tauranga 3143 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: Waipipi Road, Waverley Application Purpose: New To install and use six culverts in the Waipipi Stream (Unnamed Stream 9) and its tributaries, including the associated removal of existing culverts, vegetation removal, streambed disturbance, reclamation, damming and diversion

R2/10281-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2034 Private Bag 12023, Tauranga 3143 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: Waipipi Road, Waverley Application Purpose: New To install and use six culverts in the Waipipi Stream (Unnamed Stream 9) and its tributaries, including the associated removal of existing culverts, vegetation removal, streambed disturbance, reclamation, damming and diversion

R2/10282-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2034 Private Bag 12023, Tauranga 3143 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: Waipipi Road, Waverley Application Purpose: New To install and use six culverts in the Waipipi Stream (Unnamed Stream 9) and its tributaries, including the associated removal of existing culverts, vegetation removal, streambed disturbance, reclamation, damming and diversion

25 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10283-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2031 Private Bag 12023, Tauranga 3143 Review Dates: June 2021 and annually thereafter Activity Class: Controlled Location: Rangikura, Dryden, Waipipi & Peat Application Purpose: New Roads, Waverley To discharge contaminants (dust) to air from activities associated with construction of the Waverley Wind Farm and its transmission line

R2/10284-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2031 Private Bag 12023, Tauranga 3143 Review Dates: June 2021 and annually thereafter Activity Class: Controlled Location: Rangikura, Dryden, Waipipi & Peat Application Purpose: New Roads, Waverley To take and use groundwater from a well for construction related activities, including concrete batching

R2/10285-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2031 Private Bag 12023, Tauranga 3143 Review Dates: June 2021 and annually thereafter Activity Class: Controlled Location: Rangikura, Dryden, Waipipi & Peat Application Purpose: New Roads, Waverley To take groundwater and discharge it to land and water for dewatering turbine foundation sites and associated pump testing during construction of the Waverley Wind Farm

R2/10286-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2031 Private Bag 12023, Tauranga 3143 Review Dates: June 2021 and annually thereafter Activity Class: Discretionary Location: Rangikura, Dryden, Waipipi & Peat Application Purpose: New Roads, Waverley To take and use surface water from three farm ponds for construction related activities, including dust suppression, during construction of the Waverley Wind Farm

26 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10287-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2031 Private Bag 12023, Tauranga 3143 Review Dates: June 2021 and annually thereafter Activity Class: Discretionary Location: Rangikura, Dryden, Waipipi & Peat Application Purpose: New Roads, Waverley To reclaim three man made ponds, including any associated diversion of water, removal of vegetation and discharge of sediment

R2/10288-1.0 Commencement Date: 19 Oct 2016 Trustpower Limited Expiry Date: 01 Jun 2031 Private Bag 12023, Tauranga 3143 Review Dates: June 2021 and annually thereafter Activity Class: Discretionary Location: Rangikura, Dryden, Waipipi & Peat Application Purpose: New Roads, Waverley To discharge stormwater and sediment associated with earthworks onto land and into the Waipipi Stream (Unnamed Stream 9) and various unnamed streams flowing into the Tasman Sea

R2/10342-1.1 Commencement Date: 21 Oct 2016 Limbec Holdings Limited Expiry Date: 01 Jun 2021 PO Box 37, Feilding 4740 Review Dates: June 2019 Activity Class: Controlled Location: Mangawhio Road, Waitotara Application Purpose: New To undertake vegetation disturbance activities and to discharge stormwater and sediment arising from soil disturbance activities associated with harvesting of forest, including roading and tracking onto and into land

R2/10351-1.0 Commencement Date: 25 Oct 2016 R A Wallis Limited Expiry Date: 01 Jun 2029 135 Kaupokonui Heads Road, RD 28, Hawera Review Dates: June 2017, June 2023 4678 Activity Class: Discretionary Location: 56 Lower Glenn Road, Kaupokonui Application Purpose: New To disturb the bed of the Kaupokonui Stream

27 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/5322-2.0 Commencement Date: 01 Nov 2016 Westside New Zealand Limited Expiry Date: 01 Jun 2034 Level 17, 300 Queen Street, Brisbane QLD Review Dates: June 2022, June 2028 4000, AUSTRALIA Activity Class: Discretionary Location: Rimu-A wellsite, Old South Road, Application Purpose: Replace Mokoia (Property owner: M & PD Hawken) To discharge treated stormwater from hydrocarbon exploration and production operations at the Rimu-A wellsite onto land and into an unnamed tributary of the Manawapou River

R2/5324-2.0 Commencement Date: 01 Nov 2016 Westside New Zealand Limited Expiry Date: 01 Jun 2034 Level 17, 300 Queen Street, Brisbane QLD Review Dates: June 2022, June 2028 4000, AUSTRALIA Activity Class: Restricted discretionary Location: Rimu-A wellsite, Old South Road, Application Purpose: Replace Mokoia (Property owner: M & PD Hawken) To discharge contaminants to air from hydrocarbon exploration at the Rimu-A wellsite, including combustion involving flaring or incineration of petroleum recovered from natural deposits, in association with well development or redevelopment and testing or enhancement of production flows

R2/5744-2.0 Commencement Date: 01 Nov 2016 Westside New Zealand Limited Expiry Date: 01 Jun 2034 Level 17, 300 Queen Street, Brisbane QLD Review Dates: June 2022, June 2028 4000, AUSTRALIA Activity Class: Discretionary Location: Rimu Production Station, Mokoia Application Purpose: Replace Road, Mokoia (Property owner: M & PD Hawken) To discharge treated stormwater from the Rimu Production Station onto and into land and into an unnamed tributary of the Manawapou River

R2/5928-2.0 Commencement Date: 01 Nov 2016 Westside New Zealand Limited Expiry Date: 01 Jun 2034 Level 17, 300 Queen Street, Brisbane QLD Review Dates: June 2022, June 2028 4000, AUSTRALIA Activity Class: Discretionary Location: Kauri-C wellsite, Spence Road, Application Purpose: Replace Kakaramea (Property owner: GJ & VJ Vanner) To discharge treated stormwater from hydrocarbon exploration and production operations from the Kauri-C wellsite onto and into land

28 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/5746-2.0 Commencement Date: 01 Nov 2016 Westside New Zealand Limited Expiry Date: 01 Jun 2034 Level 17, 300 Queen Street, Brisbane QLD Review Dates: June 2022, June 2028 4000, AUSTRALIA Activity Class: Controlled Location: Rimu Production Station, Mokoia Application Purpose: Replace Road, Mokoia (Property owner: M & PD Hawken) To discharge contaminants into the air from the Rimu Production Station, including flaring and miscellaneous emissions

R2/5951-2.0 Commencement Date: 01 Nov 2016 Westside New Zealand Limited Expiry Date: 01 Jun 2034 Level 17, 300 Queen Street, Brisbane QLD Review Dates: June 2022, June 2028 4000, AUSTRALIA Activity Class: Discretionary Location: Kauri-D wellsite, Lower Manutahi Application Purpose: Replace Road, Manutahi (Property owner: Waikaikai Farms Limited) To discharge treated stormwater from hydrocarbon exploration and production operations at the Kauri-D wellsite onto and into land

R2/6123-2.0 Commencement Date: 01 Nov 2016 Westside New Zealand Limited Expiry Date: 01 Jun 2034 Level 17, 300 Queen Street, Brisbane QLD Review Dates: June 2022, June 2028 4000, AUSTRALIA Activity Class: Discretionary Location: Kauri-A to Rimu-B pipeline route Application Purpose: Replace (Property owner: A Geary) To use and maintain pipelines under the bed of the Waikaikai Stream for conveying hydrocarbons

R2/10352-1.0 Commencement Date: 03 Nov 2016 Todd Energy Limited Expiry Date: 01 Jun 2021 PO Box 802, New Plymouth 4340 Review Dates: Activity Class: Discretionary Location: Various locations in the Tikorangi Application Purpose: New area To discharge contaminants to land where they may enter groundwater, including residues from detonation of explosive charges and degradation of unexploded charges, associated with undertaking a seismic survey

29 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 19 Aug 2016 and 10 Nov 2016

R2/10353-1.0 Commencement Date: 03 Nov 2016 Todd Energy Limited Expiry Date: 01 Jun 2021 PO Box 802, New Plymouth 4340 Review Dates: Activity Class: Discretionary Location: Various locations throughout the Application Purpose: New Tikorangi area To discharge contaminants into land where they may enter groundwater from use of drilling muds associated with undertaking a seismic survey

R2/10354-1.0 Commencement Date: 08 Nov 2016 Cheal Petroleum Limited Expiry Date: 01 Jun 2035 PO Box 402, New Plymouth 4340 Review Dates: June Annually Activity Class: Discretionary Location: Cheal-A wellsite, 4273 Mountain Application Purpose: New Road, Stratford To discharge produced water, well drilling fluids, well work over fluids and hydraulic fracturing fluids from hydrocarbon exploration and production operations into the Mount Messenger Formation by deepwell injection at the Cheal-A wellsite

R2/10355-1.0 Commencement Date: 08 Nov 2016 Mangaone Manuka Limited Expiry Date: 01 Jun 2034 48A Rata Street, Hawera 4610 Review Dates: June 2022, June 2028 Activity Class: Discretionary Location: Waitotara Valley Road, Waitotara Application Purpose: New To install a culvert in the Mangaone Stream, including the associated disturbance of the streambed

R2/10356-1.0 Commencement Date: 10 Nov 2016 Petrochem Limited Expiry Date: 01 Jun 2033 PO Box 3394, New Plymouth 4341 Review Dates: June Annually Activity Class: Discretionary Location: Kowhai-A wellsite, 547 Ngatimaru Application Purpose: New Road, Tikorangi To discharge water based hydraulic fracturing fluids into land at depths greater than 3,300 mTVDss beneath the Kowhai-A wellsite

30 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Applications in progress

Month Ending

July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Total R Total R Total R Total R Total R Total R Total R Total R Total R Total R Total R Total R

2016/2017 175 125 175 118 161 113 170 117

2015/2016 206 129 183 125 178 116 173 114 169 117 181 121 186 125 169 120 178 126 200 128 194 135 180 128

2014/2015 181 117 167 107 175 99 160 88 181 116 183 120 182 118 254 171 229 187 225 167 216 148 208 141

R = Renewals

Potential Hearings

Applicant Description Notification Status Date date Issued Fonterra Ltd & Pre-hearing process X 8 renewal applications for Whareroa plant and outfall 30/01/2016 South Taranaki District Council underway

Doc# 1773359-v1 31 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Consents Issued (running totals)

July Aug Sept Oct Nov Dec Jan Feb Mar April May June 2016-2017 18 36 57 76

2015-2016 35 64 104 133 171 187 204 257 282 307 340 382

2014/2015 41 80 106 154 184 212 235 262 312 332 366 400

Breakdown of consents issued

New Renewal Change Review Totals 2014-2015 Total 164 133 98 5 400 2015-2016 Total 156 124 92 10 382 2016-2017 YTD 43 17 16 0 76

Types of consents issued - year to date comparison

Total Total

publically Limited Total Non-

DairyFarm PoultryFarm & Gas Oil Other Local Authority DairyFarm PoultryFarm & Gas Oil Other Local Authority DairyFarm PoultryFarm & Gas Oil Other GrandTotal Local Authority notified Notified notified Publically Notified % Limited % Non Notified % July 2014 to June 2015 0 0 0 0 1 0.3% 1 1 3 4 3 0 2.8% 11 35 151 26 86 90 97.0% 388 400 July 2015 to June 2016 0 0 0 0 0 0.0% 0 2 2 0 0 7 3.2% 11 55 82 20 71 101 96.8% 329 340 July 2016 to Oct 2016 0 0 0 0 0 0.0% 0 0 0 0 2 0 2.6% 2 4 23 0 13 34 97.4% 74 76

Non notified number of parties consulted and written approval provided (excluding dairy discharges) – 2016-2017

Consultation/ Number of Involved Affected Party (number of Approvals parties) (written) Totals District Councils 12 1 13 DOC 12 3 15 Environmental/Recreational Groups 0 6 6 Fish & Game 2 0 2 Individuals/Neighbours/Landowners 2 63 65 Network Utilities 2 0 2 Non Govt Organisations 0 0 0 Other Govt Departments 15 0 15 Iwi/hapu involvement 48 3 51

Totals - as at end October 2016 93 76 169

32 Consents and Regulatory Committee Tuesday 22 November 2016 - Resource consents issued under delegated authority and applications in progress

Application processing time extensions used 2015-2016 versus 2016-2017

Consent type process

Last 10 year July 2015 July 2016 to average 2007 - to June October 2016 2016 2016 Total consents granted 409 382 76 Publically Notified 5 0 0 Limited-notified 11 12 2 Non-notified 394 370 74 Applications submitted on (in 10 7 0 opposition and to be heard) Application Pre-hearing 7 7 0 resolution (%) 68% 100% 0% Hearings (no. of applications) 2 (3) 0 (0) 0 (0) Appeals (no. of applications) 1 (2) 0 (0) 0 (0) Total current consents 4519 4841 4886

33 Consents and Regulatory Committee Tuesday 22 November 2016 - Update on Resource Legislation Amendment Bill

Agenda Memorandum

Date 22 November 2016

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Update on Resource Legislation Amendment Bill

Item: 3

Approved by: A D McLay, Director – Resource Management

B G Chamberlain, Chief Executive

Document: 1776196

Purpose The purpose of this memorandum is to provide Members with a brief update on the Resource Legislation Amendment Bill currently before the Local Government and Environment Select Committee.

Executive summary The Resource Legislation Amendment Bill (the Bill) was introduced to Parliament on 26 November 2015 and had its first reading on 3 December 2015. It was subsequently referred to the Local Government and Environment Select Committee who called for public submissions on the Bill by 14 March 2016. The Council made a submission on the Bill.

Political support for the Bill from the Māori Party was only guaranteed to the first reading stage, however, the Government has announced that agreement has now been reached with the Māori Party that will enable the Bill to pass its second and third readings.

The Bill will be referred back to the Select Committee for consideration of the policy agreement now reached with the Māori Party. The Government has stated that the Select Committee reporting process may be completed this year but may in fact flow into next year.

The memorandum provides a brief update on the Bill including a summary of the policy agreement reached with the Māori Party, and the main changes to the Bill following the submissions process that are of particular interest to the Committee.

Recommendation That the Taranaki Regional Council: 1. receives the memorandum ‘Update on Resource Legislation Amendment Bill’.

34 Consents and Regulatory Committee Tuesday 22 November 2016 - Update on Resource Legislation Amendment Bill

Background Members may recall that the Resource Legislation Amendment Bill (the Bill) was introduced to Parliament on 26 November 2015 and had its first reading on 3 December 2015. It was subsequently referred to the Local Government and Environment Select Committee who called for public submissions on the Bill by 14 March 2016.

The Bill represents the second phase of the Government’s resource management reform programme. It is a large and complex document with over 200 individual amendments, mostly to the Resource Management Act (RMA) but also covering other statutes such as the Conservation Act 1986, the Reserves Act 1977 and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (the EEZ Act). It was widely seen as the most comprehensive package of reform of the RMA since it was introduced 25 years ago.

The most significant changes proposed by the Bill where in the areas of national level policy making and direction, regional and district plan making and the resource consents process.

The Council made a submission on the Bill and presented key features of the Council’s submission to the Select Committee hearing in May 2016.

Given the large number of submissions on all aspects of the Bill, the Select Committee’s report back to the House was delayed until November 2016. Furthermore, political support for the Bill from the Māori Party was only guaranteed to the first reading stage.

The Government has announced that agreement has now been reached with the Māori Party that will enable the Bill to pass its second and third readings. Further discussion with the Māori Party has taken place on issues of significance to them, particularly on issues related to iwi participation arrangements that were provided for in the Bill as introduced but which have now been amended.

The Bill will be referred back to the Select Committee for consideration of the policy agreement now reached with the Māori Party, as well as departmental reports, and the Committee will then refine the drafting of the Bill and report back to Parliament. The Government has stated that the Select Committee reporting process may be completed this year but may in fact flow into next year.

Discussion Attached to this memorandum is a media release form the Hon Nick Smith, Minister for the Environment on the policy agreement reached with the Māori Party, and a Questions and Answers document summarising the main elements of the Bill and changes made to it following the submissions process.

Of particular interest to the Committee are proposed changes to the resource consenting regime. This includes excluding activities requiring consent from regional councils from the Proposed fast track process provided for in the Bill. This is because the nature of regional consents (such as water, discharge and coastal permits) is such that they can be complex and often require technical review or scientific assessment, which means that regional consents often take longer than 10 working days to process.

This change is consistent with the Council’s submission.

35 Consents and Regulatory Committee Tuesday 22 November 2016 - Update on Resource Legislation Amendment Bill

The main changes the Government has agreed to make to the iwi participation arrangements include removing the requirement for local authorities to initiate arrangements providing for iwi authorities to initiate one, and extending the time limit for concluding a relationship arrangement from 6 to 18 months.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Attachments Document 1776416: Media release on policy agreement on the Resource Legislation Amendment Bill Document 1776415: Questions and Answers on the Resource Legislation Amendment Bill

36 beehive.govt.nz - Policy agreement reached on Resource Bill Page 1 of 2

Consents and Regulatory Committee Tuesday 22 November 2016 - Update on Resource Legislation Amendment Bill

Nick Smith 9 NOVEMBER, 2016

Policy agreement reached on Resource Bill

An agreement on policy issues in the Resource Legislation Amendment Bill has been reached between National and the Māori Party, which will enable the Bill to pass its second and third readings, Environment Minister Dr Nick Smith says.

“This legislation is critical to the Government’s programme of improving New Zealand’s environmental management, increasing the supply and affordability of housing and supporting economic growth. This is the most comprehensive package of reform to the Resource Management Act since its inception 25 years ago, and it is welcome news that we have the Parliamentary support to put these 40 changes into law,” Dr Smith says.

This is the second phase of the Government’s resource management reforms, and the dozen significant provisions in the Bill include:

• National planning standards to reduce complexity and cost • Streamlined planning process to improve responsiveness • Discretion for councils to exempt an activity from consents • Strengthening of requirements to manage natural hazard risks • New 10-day consent category for minor activities • New requirements for council to free up land for housing • New provisions to enable stock exclusion from waterways • New provisions requiring decommissioning plans for offshore platforms • More generous compensation for land required for public works • Better alignment with other Acts like Reserves, Conservation and EEZ • Collaborative planning process to encourage community-led solutions • Improved Maori participation arrangements

“The Māori Party has strongly advocated for improved iwi participation. This has been achieved through including the Mana Whakahono ā Rohe/Iwi Participation Arrangement in the Bill. This enables iwi and councils to enter into agreements on how iwi can be involved in resource management processes so as to ensure their perspective is heard and understood. Many councils already have these agreements through Treaty settlements or good practice. The Government supports these provisions because we want iwi involved in how natural resources are managed and because formalising the process will help achieve better outcomes with less delays and costs.”

The reforms in the Bill were first proposed in 2013 but were not able to be advanced due to the Government not being able to secure sufficient Parliamentary support. A revised Bill without the controversial changes to the purpose of the Act was introduced last December, with the support of the Māori Party for first reading but subject to further discussion on significant issues such as the iwi participation arrangements.

Submissions were heard on the Bill from April to June, and the select committee received two departmental reports – one in August and the latest just last week. Opposition parties last week refused an extension of the select committee report back date beyond 7 November, so it was reported pro-forma. The Bill will be re-referred back to the select committee by the Government tomorrow.

“The select committee has a major task ahead to work through the 500-page departmental report and refine the drafting of the Bill. The Government wants to advance the legislation as quickly as possible but this is an area of law where getting the detail right is particularly important. It may be completed this year but may flow into early next year. We will also need to consult with the Māori Party on the detailed drafting when the Bill is reported back to Parliament to ensure it is consistent with the agreed policy.

“This Bill is about improved management of our environment, it is about increasing housing supply and affordability, and it is about growing the economy and jobs. There are very significant gains for the economy and the environment from these reforms to these six major laws,” Dr Smith concluded.

Related Documents Resource Legislation Amendment Bill Q&As.pdf (pdf 298.25 KB)

37 https://www.beehive.govt.nz/release/policy-agreement-reached-resource-bill 14/11/2016 Consents and Regulatory Committee Tuesday 22 November 2016 - Update on Resource Legislation Amendment Bill

Q&As

1. How was consultation carried out on the Bill?

 The Bill was introduced to Parliament on 26 November 2015 and had its first reading on 3 December 2015. The period for public submissions ran from 10 December 2015 to 14 March 2016. The Local Government and Environment Select Committee received 803 submissions (including supplementary submissions) from 764 submitters and heard 160 oral submissions.

2. How does the reform fit within the Government’s broader resource and housing reforms?

 The Government set out a two-phase Resource Management Act (RMA) reform programme in 2009. The first phase was the less complex changes around setting up the Environmental Protection Authority, restraining trade competition objections and providing for more efficient consent processing. The second, more complex, phase of work has been supported by technical advisory groups on urban design, and the principles of the Act, the advice of the Land and Water Forum and reports from the Productivity Commission.  The Government’s short-term response to the housing supply and affordability challenges has been the Special Housing Areas (SHAs), where the medium and long-term response has been the National Policy Statement on Urban Development Capacity and these RMA reforms.

3. What are some of the key elements of the reforms?

 The reforms as proposed include more than 40 individual changes which will deliver substantive, system-wide improvements to the resource management processes by providing: - Stronger national direction - Better plan making - Simpler consenting - Earlier resolution of issues - Improved Māori participation

4. How will the management of natural hazards be improved?

 Natural hazards have been included in Part 2 of the RMA to ensure a risk- based approach in to decision making. This delivers on the recommendations of the Canterbury Earthquake Royal Commission.

38 Consents and Regulatory Committee Tuesday 22 November 2016 - Update on Resource Legislation Amendment Bill

5. How will the RMA changes improve housing affordability?

 The Productivity Commission found tight land regulation under the RMA was one of the biggest factors driving up house prices. Plans made under the existing RMA have tended to constrain land supply, and the planning system is not designed to respond to a rapidly growing population and increased demand for housing.  This Bill introduces a new explicit responsibility for councils to ensure there is sufficient capacity for housing and business land to meet expected long-term demand. This builds on the momentum we have achieved from establishing SHAs. The Bill also streamlines the consenting process for residential development once areas have been zoned for that purpose.

6. How will the reforms speed up the plan-making process?

 Current plan-making processes are cumbersome, expensive and slow.  The reforms include: - A streamlined planning process which will enable councils, with Ministerial approval, to formally adopt a plan-making process that suits their local circumstances instead of needing ad hoc law-making to deal with new or urgent issues

7. How will the reforms reduce duplication between the RMA and other Acts?

 Some activities under the RMA also require approvals under other Acts. Multiple approvals can be time consuming and complex, and applicants have to provide information several times to different decision makers for the same activity. For large projects, this can make a difference to whether they are viable or not.  The reforms will remove the ability for a council to charge a financial contribution and make it clear that the costs of servicing new growth should be met through development contributions under the Local Government Act 2002.  Other areas of legislative duplication the reforms will: - Create an optional joint process of public notification, hearings and decisions for proposals that involve private plan changes and/or resource consents under the RMA and recreation reserve exchanges under the Reserves Act 1977 - Align the notified concession process under the Conservation Act 1987 with notified resource consents under the RMA at key steps - Remove the explicit function of regional councils and territorial authorities to manage hazardous substances under the RMA, as this is already covered by the Hazardous Substances and New Organisms Act 1996.

39 Consents and Regulatory Committee Tuesday 22 November 2016 - Update on Resource Legislation Amendment Bill

8. How will the reforms impact freshwater management?

 This reform will: - Create new regulation-making powers to exclude stock from water bodies (in accordance with recommendations made by LAWF) - Provide equal treatment for individuals, companies and trusts who take water for stock - Remove now redundant provisions on water quality classes - Facilitate community decision making for freshwater management through collaborative planning processes - Enable improved iwi participation through the new arrangements.

9. How will the reforms reduce litigation?  The reforms refine the notification regime by removing some applications from public notification and specifying who can be involved in limited notified resource consent applications.  One of the key themes of the reforms is to encourage resolution of disputes as early as possible in planning and consenting processes. There are two aspects to this: - Encouraging more engagement in plan-making processes generally, rather than engagement on individual consents - Providing avenues for resolving disputes as early as possible, avoiding appeals to the Environment Court.

10. What changes were made to the consenting proposals following submissions?

 Provide a five-year lapse period for unimplemented exemptions, to stop an exemption from remaining ‘live’ indefinitely if not implemented

 Provide a 10 working day statutory processing timeframe for boundary activity exemptions in line with the new fast-track process.

 Clarify that written approval is only required from the owner(s) of the property to which a boundary rule applies

 Exclude activities requiring regional consents from the fast-track process; the nature of “regional consents” (i.e. water permits, discharge permits, coastal permits and regional land use consents) is such that they can be complex and often require technical review, scientific assessment or assessment of cultural effects. This complexity is largely reflected in data which demonstrates that applications for such regional consents often take longer than 10 working days to process

 Allow applicants to ‘opt-out’ of a fast-track route if they wish

40 Consents and Regulatory Committee Tuesday 22 November 2016 - Update on Resource Legislation Amendment Bill

11. What changes were made to the process improvement proposals following submissions?

 Increase the maximum infringement fee for breaches of new regulation- making power to require stock to be excluded from water bodies from $750 to $2000, to ensure there is sufficient incentive to comply with the regulations.

12. What changes were made to the national direction proposal following submissions?

 Provision of a single process for the development of national direction, which will replace the consultation processes for NES, NPS and regulations with a process similar to that currently used for NES

 Renaming “National Planning Template” to “National Planning Standards”, to better reflect the instrument’s role to provide both a structure for policy statements and plans, as well as some mandatory content.

 Requiring that the first set of National Planning Standards cover:

- Structure and format of policy statements and regional and district plans - Some standardised definitions - Electronic delivery requirements

 Removing parts 1(a) (b) and (c) of the new s360D regulation-making powers, but retain section (d). This will reduce the scope of the new powers and signal more clearly the areas of duplication and redundancy that the proposals primarily aim to address. The remaining regulation making power would enable the Minister to prohibit or remove rules that duplicate or overlap with other legislation.

13. What are the main changes the Government has agreed to make to the iwi participation arrangements?

 Incorporates the dual name Mana Whakahone ā Rohe/Iwi Participation Arrangement

 Removes the requirement for local authorities to initiate arrangements and instead iwi authorities may initiate one.

 Extends the time for concluding a relationship arrangement from six to 18 months.

 Adds guiding principles to arrangements covering working in good faith, transparent communications, commitment to meeting statutory timetables, minimising cost delays and recognising any Treaty settlement legislation.

41 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

Agenda Memorandum

Date 22 November 2016

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Consent monitoring annual reports

Item: 4

Approved by: G K Bedford, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 1771012

Purpose The purpose of this memorandum is to advise the Committee of 28 tailored compliance monitoring reports that have been prepared since the last committee meeting.

Executive summary The Council considers the regular reporting of comprehensive and well-considered compliance monitoring is vital to undergird:  community standing and reputation enhancement for companies that consistently attain good or high levels of environmental performance;  a respectful regard for the Taranaki region’s environment and our management of its natural resources; and  the Council’s accountability and transparency.

There are 28 reports for presentation to the meeting. Recommendations pertaining to each site or programme are set out in the relevant report. The attention of Committee members is directed to the Executive Summary at the front of each report.

Recommendations That the Taranaki Regional Council: 1. receives the 16-42 ANZCO Foods Waitara Annual Report 2015-2016 and adopts the specific recommendations therein 2. receives the 16-27 NPDC Inglewood Oxidation Pond System Annual Report 2015-2016 and adopts the specific recommendations therein 3. receives the 16-32 Taranaki Galvanizers Annual Report 2015-2016 and adopts the specific recommendations therein 4. receives the 16-119 Inglewood Metal Limited Quarry Annual Report 2015-2016 and adopts the specific recommendations therein

42 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

5. receives the 16-9 Trustpower Patea Annual Report 2015-2016 and adopts the specific recommendations therein 6. receives the 16-22 Origin Energy Rimu Production Station Annual Report 2015-2016 and adopts the specific recommendations therein 7. receives the 16-25 TAG Sidewinder Production Station Annual Report 2015-2016 and adopts the specific recommendations therein 8. receives the 16-68 NPDC Colson Road Landfill Annual Report 2015-2016 and adopts the specific recommendations therein 9. receives the 16-17 Cheal Production Station Annual Report 2015-2016 and adopts the specific recommendations therein 10. receives the 16-100 Waitaha Catchment Joint Monitoring Annual Report 2015-2016 and adopts the specific recommendations therein 11. receives the 16-62 Todd DWI Annual Report 2015-2016 and adopts the specific recommendations therein 12. receives the 16-87 Wellington Landfarm Annual Report 2015-2016 and adopts the specific recommendations therein 13. receives the 16-21 Origin Energy Resources (Kupe) Limited Kupe Production Station Annual Report 2015-2016 and adopts the specific recommendations therein 14. receives the 16-90 Vanner Landfarm Annual Report 2015-2016 and adopts the specific recommendations therein 15. receives the 16-94 RKM Farms Limited (Piggery) Annual Report 2015-2016 and adopts the specific recommendations therein 16. receives the 16-14 NPDC Crematorium Annual Report 2015-2016 and adopts the specific recommendations therein 17. receives the 16-71 SDC Landfills Annual Report 2015-2016 and adopts the specific recommendations therein 18. receives the 16-20 TWN Limited Partnership Waihapa Production Station Annual Report 2015-2016 and adopts the specific recommendations therein 19. receives the 16-99 Mangati Stream (Integrated) Annual Report 2015-2016 and adopts the specific recommendations therein 20. receives the 16-41 Port Taranaki Industries Annual Report 2015-2016 and adopts the specific recommendations therein 21. receives the 16-52 Fonterra Kapuni Air and Water Annual Report 2015-2016 and adopts the specific recommendations therein 22. receives the 16-46 STDC Hawera Municipal Oxidation Pond Annual Report 2015-2016 and adopts the specific recommendations therein 23. receives the 16-45 STDC Coastal Structures Annual Report 2015-2016 and adopts the specific recommendations therein 24. receives the 16-05 Trustpower Mangorei HEP Annual Report 2015-2016 and adopts the specific recommendations therein 25. receives the 16-51 Tawhiti catchment Annual Report 2015-2016 (175024 and adopts the specific recommendations therein

43 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

26. receives the 16-73 STDC Landfill Annual Report 2015-2016 and adopts the specific recommendations therein 27. receives the 16-93 NZ Pure Bred Genetics Ltd Piggery Annual Report 2015-2016 and adopts the specific recommendations therein 28. receives the 16-81 Osflo Fertiliser Ltd Annual Report 2015-2016 and adopts the specific recommendations therein

Background The Council considers the regular reporting of comprehensive and well-considered compliance monitoring is vital to undergird-  community standing and reputation enhancement for companies that consistently attain good or high levels of environmental performance. Informed feedback is appropriate and valuable, and assists a proactive alignment of industry’s interests with community and Resource Management Act expectations. Reporting describes the effective value of investment in environmental systems;  a respectful and responsible regard for the Taranaki region’s environment and our management of its natural resources. Reporting allows evaluation and demonstration of the overall rate of compliance by sector and by consent holders as a whole, and of trends in the improvement of our environment; and  the Council’s accountability and transparency. Reporting gives validity to assessments of effective intervention.

These reports have been prepared by staff of the Science Services section and have been submitted to the consent holder for comment and confirmation of accuracy prior to publication. All reports provide environmental performance and administrative compliance ratings for each consent holder in relation to their activities over the period being reported and provide recommendations for the following monitoring year.

Of the 28 reports being presented to this meeting, 24 cover the activities of individual consent holders while 4 reports cover joint monitoring programmes. Within the reports 24 high, 7 good, 1 improvement required and 1 poor environmental performance ratings were assigned, (Table 1).

Table 1: Summary of consent holders’ environmental performance

Overall environmental Report Name performance

ANZCO Foods Good NPDC Inglewood Wastewater Treatment Plant High Taranaki Galvanizers High Inglewood Metal Limited Improvement Required Trustpower Patea HEP scheme High Origin Energy Resources (Rimu) Ltd - Rimu Production Station High TAG Oil (NZ) Ltd - Sidewinder Production Station High NPDC Colson Rd Landfill Poor Cheal Petroleum Limited - Cheal Production Station High Waitaha Stream Catchment Consents [integrated] Good Todd Energy Limited Deep Well Injection Monitoring Programme Report High

44 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

2015-2016 BTW - Wellington Landfarm Good Origin Energy Resources (Kupe) Ltd - Kupe Production Station High TAG - Vanner Landfarm High RKM Farm Limited (Macdonald's Piggery) High Crematorium SH3, New Plymouth Good SDC Stratford Landfill High TWN Ltd Partnership - Waihapa Production Station High Mangati Stream [integrated] Good Port Taranaki Industries Five High Fonterra - Kapuni High

STDC Hawera WWTP ponds Good STDC Coastal Structure Monitoring Good TrustPower - Mangorei HEP Scheme High Tawhiti Stream Three High STDC Combined Landfills High NZ Pure Bred Pig Genetics Ltd Piggery Good Osflo Fertilizer Limited High

So far this year, 48 consent compliance monitoring reports have been completed and presented at C & R meeting relating to the 2015-2016 monitoring year (Figure 1).

Number of reports presented in 2015-2016 monitoring year

30 28

20 18

15 Number of reports presented to C and R 10 meeting

5 2 0 0 0

Figure 1 Number of reports presented within the 2016-2017 financial year at each meeting

Science Services have continued to prepare and present a number of case studies to this Committee. Today we are presenting Port Taranaki as the case study to the Committee, highlighting the investment in improvement towards better stormwater discharge quality that has been actioned by Port Taranaki.

45 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

Case Study – Port Taranaki

Photo 1 Port Taranaki

Historically there have been issues with high levels of suspended solids in the stormwater at the port generated from the log yards (Photo 2). Over the past five years Port Taranaki have invested over $2 million in order to improve the quality of stormwater discharges onsite (Table 1). This investment together with the implementation of new stormwater management procedures has resulted in a significant improvement in stormwater quality and environmental performance (Table 2).

Table 2 Summary of investments and improvements

Year Improvement & Investments Cost

Installed 10 vortex separators to improve stormwater quality from logyards around the Moturoa 2012 $670,000 Basin (Photo 3) Asphalt surface laid on W and B Logyards to improve stormwater quality by reducing solids in $1,600,000 2013 stormwater runoff (Photo 5) Installed 2 vortex separators in B Logyard $50,000 Implemented new cleaning regime for the logyards - Reviewed stormwater monitoring location and added two receiving environment sites to provide 2014 - baseline information Appointed a new Environmental Manager for Port Taranaki -

Installed a vortex separator on Hutchen Place to improve stormwater quality $25,000

Designed and installed a sign to inform the public of natural orange iron oxide discharges at the 2015 - western end of Ngamotu Beach Developed a stormwater and washwater management plan (in consultation with interested - parties) for Port Taranaki Ltd and its customers Implemented a new procedure for the disposal of quarantine grain washdown waste with waste - 2016 solids now incinerated rather than sent for deep burial at landfill

46 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

Table 3 Summary of stormwater quality and overall environmental rating Monitoring year Number of suspended Stormwater related Stormwater related Overall solids consent non- incidents enforcement action environmental rating compliances Abatement Infringement

2015-2016 0 0 0 0 High

2014-2015 2 2 0 0 Good

2013-2014 0 0 0 0 Good

2012-2013 2 1 0 1 Improvement required

2011-2012 4 1 0 1 Improvement required

2010-2011 2 1 1 0 Improvement required

Photo 2 Historic issues with high suspended solids concentrations running off from the log yards into the sea

47 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

Photo 3 Port Taranaki Ltd use Continuous Deflective Screen (CDS) units which are vortex separators with an internal screen

Photo 4 Prior to sealing the log yards

48 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

Photo 5 Newly sealed log yards

49 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

Discussion

ANZCO Foods Waitara Ltd ANZCO Foods Waitara Ltd. (ANZCO) operates a food (meat) manufacturing complex located on Domett Street at Waitara, in the Waitara River catchment. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess ANZCO’s environmental performance during the period under review, and the results and environmental effects of ANZCO’s activities.

ANZCO holds two resource consents, which include a total of 11 conditions setting out the requirements that ANZCO must satisfy. The consents allow the discharge of wastewater and stormwater into the Waitara River.

During the monitoring period, ANZCO demonstrated an overall good level of environmental performance.

The Council’s monitoring programme for the year under review included one compliance monitoring inspections and three water samples collected for physicochemical analysis.

The monitoring showed that the site was well operated during the period under review. Elevated concentrations of un-ionised ammonia were recorded in discharge samples collected from both the oil cooling water and evaporate condenser on 19 April 2016. The most likely explanation is due to high levels of un-ionised ammonia in water entering the site. Further discussion is provided within the report.

There were two unauthorised incidents recorded in respect of this consent holder during the period under review. One related to the discharge of ammonia to air and the second to an unconfirmed odour complaint. The Company undertook an appropriate response following the ammonia discharge.

During the year, ANZCO demonstrated a good level of environmental and high level of administrative performance and compliance with the resource consents.

For reference, in the 2015-2016 year, 71% of consent holders in Taranaki monitored through tailored compliance monitoring programmes achieved a high level of environmental performance and compliance with their consents, while another 24% demonstrated a good level of environmental performance and compliance with their consents.

This report includes recommendations for the 2016-2017 year.

NPDC Inglewood Wastewater Treatment Plant The New Plymouth District Council (NPDC) operates the Inglewood municipal oxidation ponds treatment system located at Inglewood in the Kurapete catchment.

NPDC holds a renewed resource consent allowing for the discharge of treated wastewater overflows to the Kurapete Stream, a small tributary of the Manganui River in the Waitara catchment. Following the successful diversion of all dry weather wastewater inflows from the ponds’ system to the New Plymouth wastewater treatment plant (WWTP) in late 1999, the

50 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

renewed consent authorises only intermittent wet weather overflows of treated wastewater to the Kurapete Stream. The previous consent expired in June 2003 and was renewed in September 2004. The renewed resource consent includes a total of 13 special conditions setting out the requirements that NPDC must satisfy.

During the monitoring period New Plymouth District Council demonstrated an overall high level of environmental performance.

This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the environmental performance during the period under review, and the results and effects of the consent holder’s activities.

The Council’s monitoring programme included three regular inspections and two biological receiving water surveys. No intermittent wet weather overflows occurred during the period under review.

Regular inspections indicated no problems with the ponds’ system maintenance or operation, with no unauthorised overflows to the stream of any nature. Reactivation of an alarmed and telemetered overflow site has worked to alleviate sewage entry to domestic property. Signage requirements have been recognised and provided for should such events re-occur.

Previous pond microfloral monitoring had indicated a trend of improved in-pond conditions under the post-diversion operating regime of maintenance of mainly low main pond levels for stormwater infiltration storage purposes. This monitoring has been superseded by chlorophyll-a monitoring, which although indicating marked variability in microfloral populations, was coincident with relatively high dissolved oxygen saturation levels.

Reduction in stormwater infiltration to the reticulation system had been the subject of completed work, and generally had been successful in reducing the frequency of authorised overflows. Some overflows have continued to occur, but in compliance with the condition authorised by the consent. However, considerable investigative work has been programmed by the consent holder subsequent to more frequent overflow events occurring during the past four monitoring periods, which have indicated more recent direct stormwater inflows to the reticulation. Major sources of stormwater inflows have been found and eliminated, and the pumping system was replaced with improvements made to delivery capabilities via the pipeline to the New Plymouth waste water treatment plant.

The spring and summer biomonitoring surveys in the Kurapete Stream documented maintenance of the marked recovery in biological communities which had been recorded soon after the diversion of all discharges from the stream (in late 1999), and the satisfactory sealing of the new outfall. The evaluation of 19 years of biomonitoring data has highlighted a significant statistical temporal improvement in the biological ‘health’ of the lower reaches of the Kurapete Stream, attributable to the removal of the continuous discharge. The temporal trend has lessened in significance more recently, but stream biological ‘health’ has been maintained at an improved level relative to pre-diversion ‘health’.

Riparian initiatives have been undertaken by most landowners in the Kurapete Stream catchment (27 plans prepared to date) and the financial contribution provided by the consent holder (as a condition of the previous discharge permit) has been completely utilised.

During the monitoring period, NPDC demonstrated a high level of environmental and administrative performance with the resource consents.

51 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a high level.

Recommendations for the 2016-2017 year include continuation of the reduced monitoring programme formulated for the renewed consent, and provision for timely reporting of each overflow event in order that any additional relevant monitoring can be undertaken. This recognises the marked improvement in receiving water conditions documented in recent years and relative infrequency of overflows from the system over the past 11 years, although it has been noted that the number of these consented overflows has increased in the last six year period.

Taranaki Galvanizers Taranaki Galvanizers Ltd (the Company) operate a zinc galvanising plant located on Monmouth Road, approximately 1 kilometre north of Stratford in the Kahouri Stream catchment. The Company utilises a hot-dip galvanising process to provide a protective coating for steel materials. This annual report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities.

The Company holds two resource consents, which include a total of 16 conditions setting out the requirements that the Company must satisfy. The two resource consents authorise the discharge of stormwater into an unnamed tributary of the Kahouri Stream, and to discharge emissions into the air at this site.

The Council’s monitoring programme for the period under review included two inspections and seven water samples collected for physicochemical analyses during the reported period.

Significant works have been undertaken by the Company in response to an abatement notice for non-compliance with special condition 4 of resource consent 4657-2 that was issued during the previous period. During the May 2016 survey, suspended solids were elevated at sites monitored upstream and downstream of the stormwater discharge point; however these results were unrelated to activities at the Taranaki Galvanizers site.

Elevated zinc concentrations were recorded in the receiving waters upstream and downstream of the Company’s discharge. However, zinc concentrations recorded complied with consent limits. The historical disposal of galvanising waste materials into a bore on the Company’s site is considered to be the most likely source of zinc contamination in the unnamed tributary. Results from the current monitoring period suggest that zinc levels continue to remain relatively stable.

In the reported period, no effect of emissions to air from the galvanising site was detected at or beyond the boundary of the site during inspections.

52 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

No incidents were recorded by Council in relation to the galvanising plant during the reported period.

During the monitoring period, the Company demonstrated a high level of environmental and administrative performance with the resource consents.

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance is improving in the year under review.

This report makes recommendations for the 2016-2017 year, including a recommendation that the monitoring programme continue on the same basis as that in the previous monitoring period. It is recommended that deposition gauging only occur if circumstances warrant it such as complaints from neighbours or visible smoke extending beyond the Company’s boundary.

Inglewood Metal Limited Inglewood Metal Limited (the Company) operates a quarry located at Everett Road in the Kurapete catchment. The Company holds a resource consent to allow it to discharge treated washwater, stormwater and groundwater into an unnamed tributary of the Kurapete Stream. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities.

During the monitoring period, the Company demonstrated an overall level of environmental performance which required improvement.

The Council's monitoring programme included four scheduled inspections (including on-site liaison with management staff), four discharge and three receiving water physicochemical surveys, and one biological survey of receiving waters.

The monitoring indicated that discharges from the Company’s quarry site were having a significant adverse effect in the receiving waters of the Kurapete Stream. The likely factors contributing to the poor quality discharge included the introduction of washwater into the stormwater treatment pond system and also the increased stormwater catchment. There was one non-compliant discharge during the period under review.

During the year, the Company demonstrated a level of environmental performance which required improvement. The Company demonstrated a high level of administrative performance over the same period.

53 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

This report includes recommendations for the 2016-2017 year.

Trustpower Patea HEP scheme Trustpower Limited (the Company) operates a hydroelectric power station (HEPS) located on the Patea River on Maben Road, near Hurleyville. Water is impounded behind the 82 m high Patea Dam to form Lake Rotorangi. This water is diverted through the 32 MW power station, the largest in Taranaki. This report for the period July 2015–June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review, and the results and environmental effects of the Company’s activities.

The Company holds 10 resource consents, which include a total of 146 conditions setting out the requirements that the Company must satisfy. The Company holds three consents to allow it to dam, take and/or use water, two consents to discharge water into the Patea River, three consents for structures associated with the scheme and two consents to discharge emissions into the air at this site.

During the monitoring period, Trustpower Limited demonstrated an overall high level of environmental performance.

The Patea HEPS was visited four times during the monitoring period, all four being site inspections. In addition, analysis was conducted of generation data, lake level data, Patea River flow and groundwater abstraction data provided by the Company. The Council also reviewed a number of reports submitted in accordance with consent conditions. Previously a number of hydrological inspections have been undertaken, but these were not required in the 2015-2016 year, due to damage caused by the June 2015 flood.

The monitoring showed that overall the scheme was operated well, and within resource consent requirements, with no breaches of lake level requirements, residual flow requirements or rise and recession rate restrictions for the lower Patea River. The Company coordinated a number of investigations and reports during the reporting period. The bulk of the required monitoring has been undertaken prior to the 2015-2016 period, although the current report summarises monitoring undertaken in relation to trout spawning success in the lower Patea River, a lower Patea River ecological survey, a Lake Rotorangi water quality survey and dissolved oxygen monitoring. Most of this monitoring was undertaken in accordance with requirements, although the dissolved oxygen monitoring suffered from poor equipment maintenance and as a result poor quality data. The dissolved oxygen monitoring is currently being reviewed, to determine which components need to be repeated.

There were no Unauthorised Incidents recorded in respect of this scheme during the period under review, and there were no situations that required a special investigation.

During the year, the Company demonstrated a ‘high’ level of environmental and administrative performance with the resource consents, with the only issue relating to the monitoring and investigation of dissolved oxygen concentrations in the lower Patea River.

54 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance is improving.

This report includes recommendations for the 2016-2017 year.

Origin Energy Resources (Rimu) Ltd - Rimu Production Station Origin Energy Resources NZ Limited (Origin Energy) operates a petrochemical production station located on Mokoia Road at Mokoia, in the Manawapou catchment. This report for the Rimu Production Station describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Origin Energy’s environmental performance during the period July 2015 to June 2016. The report also details the results of the monitoring undertaken and assesses the environmental effects of their activities.

Origin Energy holds six resource consents, which include a total of 58 conditions setting out the requirements that Origin Energy must satisfy. Origin Energy holds three consents to allow it to take and use water, one consent to discharge stormwater onto and into land and into an unnamed tributary of the Manawapou River, and two consents to discharge emissions into the air at this site.

During the monitoring period, Origin Energy demonstrated an overall high level of environmental performance.

The Council’s monitoring programme for the year under review included five inspections and three water samples collected for physicochemical analysis.

The monitoring showed that the stormwater discharge was not having a significant adverse effect on the water quality of the unnamed tributary of the Manawapou River and that there were no adverse effects noted as a result of the exercise of the air discharge permits at the Rimu Production Station.

During the year, Origin Energy demonstrated an overall high level of both environmental performance and administrative compliance with the resource consents. A small spill was contained onsite at the Rimu Production Station and did not breach consent conditions. The production station and associated wellsites were well managed and maintained.

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a high level.

This report includes recommendations for the 2016-2017 year.

TAG Oil (NZ) Ltd - Sidewinder Production Station TAG Oil (NZ) Limited (the Company) holds consents for a petrochemical production station located on Upper Durham Road at Inglewood, in the Waitara catchment. The Sidewinder Production Station processes oil and gas from the Company’s adjacent Sidewinder wellsite.

55 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities.

The Company holds three resource consents in relation to the Sidewinder Production Station, which include a total of 43 conditions setting out the requirements that the Company must satisfy. The Company holds one consent to discharge treated stormwater and production water from hydrocarbon exploration and production operations at the Sidewinder site into the Piakau Stream, and two consents to discharge emissions related to production activities into the air at this site.

During the monitoring period, TAG Oil (NZ) Limited demonstrated an overall high level of environmental performance.

The Council’s monitoring programme for the period under review included two inspections, three water samples collected for physicochemical analysis and two ambient air quality surveys.

Monitoring of the stormwater discharge from the site found that all applicable conditions in the consent were complied with. There were no adverse effects found in the receiving waters of the Piakau Stream.

There were no adverse effects on the environment resulting from the exercise of the air discharge consent. The ambient air quality monitoring at the site showed that levels of carbon monoxide, combustible gases, PM10 particulates and nitrogen oxides were all below levels of concern at the time of sampling. No offensive or objectionable odours were detected beyond the boundary during inspections and there were no complaints in relation to air emissions from the site.

During the year, the Company demonstrated an overall high level of both environmental performance and administrative compliance with the resource consents. There were no unauthorised incidents recorded by the Council in relation to the Company’s activities.

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a high level.

This report includes a recommendation for the 2016-2017 year.

NPDC Colson Rd Landfill The New Plymouth District Council (NPDC) operates a regional landfill located on Colson Road, New Plymouth, in the Waiwhakaiho catchment. The landfill is currently filling stage three of the site which has a design capacity of approximately 800,000 cubic metres. Stages one and two have been closed and are fully reinstated. This report, for the period July 2015 to

56 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

June 2016, describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the consent holder’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the consent holder’s activities.

Overall, NPDC demonstrated an overall poor level of environmental performance.

NPDC holds a total of eight resource consents in relation to the Colson Road landfill. These consents contain a total of 100 special conditions setting out the requirements that NPDC must satisfy. NPDC holds one consent to discharge uncontaminated stormwater into the Puremu Stream, two consents to discharge leachate and contaminated stormwater into the Puremu Stream, two consents to discharge emissions into the air, one consent to discharge solids onto and into land and one consent to discharge stormwater from earthworks. NPDC also holds one consent to divert water.

The Council’s monitoring programme for the year under review included 12 inspections, eight stormwater/discharge samples, 19 surface water samples, seven groundwater samples, two biomonitoring surveys of receiving waters, and three air quality surveys. NPDC also collected seven leachate samples and two under-liner drainage samples for physicochemical analysis.

At inspection issues were found in regards to site management, and although most of them were resolved and none resulted in significant off site effects, a number of issues were recurrent, or remained unresolved at the end of the monitoring period.

Groundwater and under liner drainage sampling indicated that there is no significant contamination occurring in the local aquifer as a result of the landfill’s presence.

Chemical and bacteriological monitoring of the Puremu and Manganaha Streams found that the receiving water quality criteria on the consents were met at the time of the three sampling surveys, with the exception of a minor breach of a suspended solids limit on one occasion, and a breach of the ammoniacal nitrogen limit on another occasion. Due to the conditions prevailing at the time of sampling, any effects were less than minor and transient at most.

Although biomonitoring found that the macroinvertebrate results were indicative of poor biological health at some of the Puremu Stream sites, this was considered to be a reflection of the poor habitat conditions at these sites. It was concluded that the results were not indicative of any significant adverse effects on either the Puremu Stream or the Manganaha Stream from the discharges from the Colson Road landfill at the time of 2015-2016 surveys.

Air quality monitoring showed that off site suspended particulates and dust deposition rates were within guideline level beyond the site boundary.

There were eight odour complaints received in the 2015-2016 period that were associated with the Colson Road landfill. Although it was found that the site was compliant with consent conditions at the time of investigation, and on two occasions there were no odours found, weak or noticeable odours were found on six occasions.

Overall, NPDC demonstrated a poor level of environmental performance and an improvement was desirable in their administrative compliance with the resource consents. During the year under review there were fugitive odorous gases being emitted into the air from numerous locations onsite, without proper treatment prior to discharge, which had the potential to cause significant adverse effects. There were on-going non compliances with the management plan with respect to cover requirements and management of special waste that

57 Consents and Regulatory Committee Tuesday 22 November 2016 - Consent monitoring annual reports

were likely to have been contributing to the fugitive landfill gas emissions. Some improvements, trials and investigations were undertaken during the year under review, however further improvement is required.

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance deteriorated in the year under review. Improvements were being made at the end of the 2015-2016 and start of the 2016-2017 years.

This report includes recommendations for the 2016-2017 year.

Cheal Petroleum Limited - Cheal Production Station Cheal Petroleum Ltd (the Company), a subsidiary of TAG Oil New Zealand Ltd, operates a petrochemical production station located on Mountain Road at Ngaere, in the Waingongoro catchment. The Cheal Production Station processes oil and gas from the Cheal group of wellsites. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities.

During the monitoring period the Company held three resource consents in relation to the Cheal Production Station, which included a total of 32 conditions setting out the requirements that the Company must satisfy. The Company holds one consent to discharge stormwater and treated waste water onto land in circumstances where it may subsequently enter an unnamed tributary of the Mangawharawhara Stream and one consent to discharge emissions related to production activities into the air at the site. The third consent, to abstract groundwater, was surrendered near the end of the monitoring period.

During the monitoring period, Cheal Petroleum Ltd demonstrated an overall high level of environmental performance.

The Council’s monitoring programme for the year under review included six inspections, three water samples collected for physicochemical analysis, and two ambient air quality surveys.

Stormwater system inspections showed that discharges from the sites complied with consent conditions. Receiving water inspections and sampling showed that the discharges were not causing any adverse effects on the tributary of the Mangawharawhara Stream at the time of monitoring.

There were no adverse effects on the environment found as a result of the exercise of the air discharge consent. The ambient air quality monitoring at the site showed that levels of carbon monoxide, combustible gases, PM10 particulates and nitrogen oxides were all below levels of concern at the time of sampling. No offensive or objectionable odours were detected beyond the boundary during inspections and there were no complaints in relation to air emissions from the site.

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During the year, the Company demonstrated a high level of environmental and administrative performance with the resource consents.

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a high level.

This report includes recommendations for the 2016-2017 year, including a recommendation relating to an optional review of consents 4727-2 and 7906-1.

Waitaha Stream Catchment Consents [integrated] This 2015-2016 annual compliance monitoring report is the 22nd report by the Taranaki Regional Council (the Council) to be prepared for the monitoring programme in the Waitaha Stream catchment. The monitoring programme was established in 1994 to integrate the monitoring associated with the air and water monitoring of the formaldehyde resin manufacturing plant now owned by AICA (NZ) Ltd (formerly owned by Dynea NZ Ltd) and Taranaki Sawmills Ltd with other discharges in the catchment. Twelve industrial premises were monitored under this programme during the year under review. The monitoring reflects an on-going process of identifying and improving discharges into the catchment in a similar manner to the management of those in the neighbouring Mangati Stream catchment.

A total of 16 consents were included in the monitoring programme during the 2015-2016 monitoring period. Of these, 10 licence discharges to water, one licence a discharge to land, and five licence discharges to air. These consents include a total of 199 special conditions.

Overall, a good level of environmental performance was achieved by the consent holders in the industrial area of the Waitaha Stream catchment.

The Council’s monitoring included 48 inspections, 41 stormwater samples and 20 receiving water samples collected for physicochemical analysis, a review of consent holder monitoring data, odour surveys, ambient air quality analyses, ambient PM10 monitoring, and deposition gauging.

During the year under review, inspection found that the sites were generally well managed, with only transient non-compliances found at some sites, most of which were addressed in a timely manner. Non-compliant levels of suspended solids in discharges are still in the process of being resolved at Taranaki Sawmills Ltd and Weatherford New Zealand Ltd. There were no adverse effects found as a result of the non-compliances.

Chemical monitoring of the stream found that although there were measurable changes in some parameters, most of these would have resulted in only minor transient effects at most. In terms of guidelines, the only exceedances of acute exposure criteria found were for dissolved zinc, and were not considered entirely attributable to the consented discharges monitored under this programme. The higher than expected levels of dissolved zinc, dissolved copper, ammoniacal nitrogen and dissolved reactive phosphorus found in receiving waters during wet weather surveys in the previous period, were not noted in this period.

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Overall the consented discharges in the Waitaha catchment achieved a good level of environmental compliance and Council is continuously working with consent holders to apply best practice. The Council, in cooperation with New Plymouth District Council (NPDC) as the consented reticulation owners, is also educating and engaging with non-consent holders in the catchment who may be unaware of their environmental and regulatory obligations.

There were a total of 15 Unauthorised Incidents (UI’s) recorded in this catchment during the period under review, nine of which were substantiated at the time of investigation by Council Officers. Nine of the substantiated incidents related to consent holders monitored under this programme (AICA NZ Ltd - 1, C & O Concrete Ltd - 1, Meredith Metals Ltd - 1, New Plymouth District Council - 1, Taranaki Sawmills Ltd – 2, Weatherford New Zealand Ltd – 1, Symons Property Development Ltd - 2).

During the year, AICA (NZ) Ltd demonstrated a high level of environmental performance and a good level of administrative performance. One incident was logged due to non-notification of discharges as set out in consent conditions.

During the year, C&O Concrete Products Ltd demonstrated a good level of environmental performance and a high level administrative performance. There was one exceedance of suspended solids limits in the discharge; however subsequent sampling showed that site had become compliant.

During the year, Greymouth Facilities Ltd demonstrated a high level of environmental performance and a high level of administrative performance.

During the year, Intergroup Ltd demonstrated a high level of environmental performance and a high level of administrative performance.

During the year, New Plymouth District Council (NPDC) demonstrated a good level of environmental performance. Although the suspended solids limit on the consent was exceeded on one occasion, there were no significant increases of stream turbidity recorded and subsequent sampling returned compliant results. There are no administrative requirements in NPDC’s consents.

During the year, in regard to stormwater discharges, Symons Property Development Ltd demonstrated a good level of environmental performance and a good level of administrative performance.

During the year, Taranaki Sawmills Ltd demonstrated a high level of administrative performance and an improvement is required in Taranaki Sawmills’ level of environmental performance. There are persistent issues in regards to suspended solid concentrations at the site and the consent holder currently operates under an abatement notice as a result of this. A subsequent sample of the stormwater discharges from this site was also found to be non- compliant and an infringement fine has been issued.

During the year, TBS Coatings Ltd demonstrated a high level of environmental performance and a high level of administrative performance.

During the year, Weatherford New Zealand Ltd a high level of administrative performance, however an improvement in the level of environmental performance is required. There were two non-compliant results in regard to suspended solids and Weatherfords is working to improve silt control.

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During the year, Woodwards 2008 Ltd demonstrated a high level of environmental performance and high level of administrative performance.

During the year, Zelam Ltd demonstrated a high level of environmental performance and high level of administrative performance.

This report includes recommendation for the 2016-2017 year.

Todd Energy Limited Deep Well Injection Todd Energy Limited (the Company) operates a number of wellsites across North Taranaki, including the Tuhua, Pouri, and Mckee wellsites, located east of New Plymouth. Each wellsite contains varying numbers of producing wells and associated production infrastructure. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) in relation to the Company’s deep well injection (DWI) activities. The report details the results of the monitoring undertaken, assesses the Company’s environmental performance during the period under review and the environmental effects of their DWI activities.

The Company holds four resource consents for DWI activities, which include a total of 71 conditions setting out the requirements that the Company must satisfy. Three of the four consents were exercised during the period being reported.

During the monitoring period, the Company demonstrated an overall high level of environmental performance.

The Council’s monitoring programme for the year under review included six site inspections, two injectate samples and five groundwater samples collected for physicochemical analysis. The monitoring programme also included a significant data review component, with all injection data submitted by the company assessed for compliance on receipt.

The monitoring showed that the Company’s DWI activities were being carried out in compliance with the conditions of the applicable resource consents. There is no evidence of any issues with any injection well currently in use, or the ability of the receiving formation to accept injected fluids. The results of groundwater quality monitoring undertaken show no adverse effects of the activity at monitored locations. Inspections undertaken during the monitoring year found sites being operated in a professional manner and there were no Unauthorised Incidents in relation to any of the Company’s DWI consents.

During the year, the Company demonstrated a high level of environmental and administrative performance with the resource consents.

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In terms of overall environmental and compliance performance by the Company over the last several years, this report shows that the Company’s performance remains at a high level.

This report includes recommendations to be implemented during the 2016–2017 monitoring period.

BTW - Wellington Landfarm BTW Company Ltd (the Company) operates a landfarm (Wellington Landfarm) located on Brown Road, Waitara, in the Waitara catchment. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review, and the results and environmental effects of the Company’s activities.

The Company holds one resource consent, which includes a total of 31 conditions setting out the requirements that the Company must satisfy. The Company holds consent 7884-1.1 which allowed the Company to discharge waste from hydrocarbon exploration, well work over, production and storage activities, onto and into land via landfarming.

During the monitoring period, the Company demonstrated an overall good level of environmental performance.

The Council’s monitoring programme for the year under review included five inspections, 24 water samples collected for physicochemical analysis, and four composite soil samples.

The monitoring indicated in similarity to the previous monitoring period, the 2014-15 year, the groundwater in the immediate vicinity of the former storage cell is still impacted by elevated salinity concentrations and a trace of benzene. The saline plume may be migrating slowly northwards, as a down gradient bore had detailed an elevation in saline parameters as well as trace benzene. At the same time, the up gradient bore had indicated a slight decrease in salinity concentration. As in previous monitoring years, the Council will continue to monitor the degradation of these parameters. Of note, there are likely to be no significant adverse effect due to the elevated salinity in the groundwater or the trace benzene, as both analytes detail concentrations below MfE guidelines for stock watering. In terms of the soils, area F18 is now within surrender criteria while F12 is not. F12 will continue to be monitored.

Overall, the exercise of the resource consent 7884-1.1 during the 2015-16 period has led to less than minor environmental effects. There still exists the legacy issue in terms of salinity concentration as well as the trace hydrocarbons; however these will continue to be monitored.

There were no unauthorised incidents (UI/s) recording non-compliance in respect of this consent holder during the period under review.

During the year, the Company demonstrated a good level of environmental and high level of administrative performance with the resource consents.

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In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance has remained the same good performance.

This report includes recommendations for the 2016-2017 year.

Origin Energy Resources (Kupe) Ltd - Kupe Production Station Origin Energy Resources (Kupe) Limited (the Company) operates a petrochemical production station located on Inaha Road at Manaia, in the Inaha catchment. The Kupe Production Station processes oil and gas from the offshore Kupe wells. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities.

The Company holds 14 resource consents in relation to the Kupe facilities, which include a total of 154 conditions setting out the requirements that the Company must satisfy. The Company holds one consent to allow it to take and use groundwater, one consent to discharge stormwater into the Kapuni Stream, one consent to install groundwater bores, two consents to discharge emissions into the air from the production station, four coastal consents relating to the offshore facilities, and five consents which covered activities during the development phase of the Kupe project.

During the monitoring period, Origin Energy Resources (Kupe) Limited demonstrated an overall high level of environmental performance.

The Council’s monitoring programme for the year under review included six inspections, three water samples collected for physicochemical analysis, two biomonitoring surveys of receiving waters and two ambient air quality surveys.

Site inspections found that the stormwater systems were constructed and maintained in accordance with consent conditions and were operating effectively.

There were no adverse effects on the environment resulting from the exercise of the air discharge consents. The ambient air quality monitoring at the site showed that levels of carbon monoxide, combustible gases, PM10 particulates and nitrogen oxides were all below levels of concern at the time of sampling. No offensive or objectionable odours were detected beyond the boundary during inspections and there were no complaints in relation to air emissions from the site.

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In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a high level.

This report includes recommendations for the 2016-2017 year, including a recommendation relating to the optional review of consents 6531-1, 6532-1, 6533-1, 6534-1, 6535-1, 6536-1, 6537-1, 6542-1, 6543-1, 6545-1, 6546-1, 6629-1, 6979-1, and 7010-1.

TAG - Vanner Landfarm BTW Company Ltd (BTW) managed a drilling waste landfarm on behalf of consent holder TAG Oil (NZ) Ltd (The Company). Vanner Landfarm is located on Lower Ball Road, Kakaramea, in the Mangaroa catchment. It has been operated at this location since November 2012. During the 2013-14 monitoring period, the resource consent was transferred from BTW Company Limited to the Company. During the 2015-16 monitoring period the management of the facility was transitioned to the Company.

This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review, and the results and environmental effects of the Company’s activities.

The Company holds one resource consent, this includes a total of 26 conditions setting out the requirements that the Company must satisfy.

During the monitoring period, the Company demonstrated an overall high level of environmental performance.

The Council’s monitoring programme for the year under review included four inspections. No chemical analysis was undertaken this monitoring period as the site has been partially surrendered and the site has been decommissioned. The main action item in this monitoring year from the Company’s perspective would be the revegetation, which the Company is addressing. This follows on from the previous years where the management and the Company have undertaken work at this site to a high standard.

The Company has finalised there requirement to landfarm with this site; however they have the facility in the southern portion of the Vanner site to landfarm again if so required. The mud storage cells and associated wash down pad have been removed and the land reinstated and re-contoured. As the Company had lined the storage cells prior to delivery of any material at the inception of the facility, there are no legacy issues from potential storage leeching.

During the year, the Company demonstrated a high level of environmental and administrative performance with the resource consents.

For reference, in the 2015-2016 year, 71% of consent holders in Taranaki monitored through tailored compliance monitoring programmes achieved a high level of environmental

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performance and compliance with their consents, while another 24% demonstrated a good level of environmental performance and compliance with their consents.

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance is at a high level.

This report includes recommendations for the 2016-2017 year.

RKM Farm Limited (Macdonald's Piggery) RKM Farms Ltd (the Company) operates a piggery located on 599A South Road at Hawera, in the Tangahoe catchment. The piggery is a breeder, grower and finishing operation with up to 5,000 pigs and piglets at any one time, employing between five and six full time staff.

The Company holds two resource consents, which include a total of 13 conditions setting out the requirements that the Company must satisfy. Resource consent 5108-2 allows the discharge of treated effluent into the Tawhiti Stream, and consent 5266-1 relates to the discharge of emissions into the air at this site.

The Council’s monitoring programme for the year under review included four inspections including two wastewater and receiving water samples collected for physicochemical analysis. It is recommended to reduce the frequency of inspections to three inspections per monitoring period.

The monitoring showed that wastewater and receiving water samples were well within the consented limits and no odour incidents were received by the Council.

During the year, the Company demonstrated a high level of environmental and administrative performance with the resource consents.

This report includes recommendations for the compliance monitoring programme for the 2016-2017 year.

Crematorium SH3, New Plymouth The New Plymouth District Council (NPDC) operates a crematorium located on Junction Road, New Plymouth. Two gas-fired cremators are operated. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess NPDC’s environmental performance during the period under review, and the results and environmental effects of NPDC’s activities.

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NPDC holds one resource consent relating to the crematorium, which include a total of 22 conditions setting out the requirements that NPDC must satisfy.

The Council’s monitoring programme for the period under review included five inspections focussing on process control and possible visible emissions and odours.

The monitoring showed that, generally, consent compliance has been good. In the 2015-2016 monitoring period, there was one unauthorised incident registered with regard to visible emissions being discharged from the crematorium site. No complaint about the crematorium was received from the public. Due to the nature of activities at a crematorium site, the discharge of visible smoke or odours from a cremator may be found to be offensive.

During the reporting period, NPDC demonstrated a good level of environmental performance with the resource consent.

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a good level in the year under review.

This report includes recommendations for the 2016-2017 year.

SDC Stratford Landfill The Stratford District Council (SDC) maintains a closed landfill located on Victoria Road at Stratford, in the Patea catchment. The landfill was closed to the public on 11 March 2002 and to commercial disposers on 23 March 2002. The site has more recently been used to dewater and dispose of oxidation pond sludge from the adjacent municipal waste water treatment plant but this activity ceased in early 2006, and the landfill was recapped and reinstated. The only external material now accepted at the landfill is soil from a local sawmill site remediation project. This activity is covered by separate consent1 held by a third party.

SDC also maintains closed landfills at Douglas Road, Huiroa, and Wingrove Road, Pukengahu, in the Patea catchment. Both the Huiroa and Pukengahu landfills have been closed since 1991, but are still monitored with regards to maintenance and leachate discharge on a triennial basis. Monitoring of these sites was not undertaken during the 2015-2016 year, with monitoring next scheduled in the 2017-2018 year.

This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess SDC’s environmental performance of these closed landfills during the period under review, and the results and environmental effects of SDC’s activities.

SDC holds three resource consents, which include a total of 19 special conditions setting out the requirements that SDC must satisfy. The consents for the Huiroa and Pukengahu landfills were renewed during the period under review.

1 Consent 7645-1 Alby M Limited

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During the monitoring period, SDC demonstrated an overall high level of environmental performance and compliance with resource consent conditions.

The Council’s monitoring programme for the closed landfill at Stratford included two inspections, two receiving water and six ground water samples collected for physicochemical analysis, and one biomonitoring survey of receiving waters.

There were no incidents recorded by the Council in regards to SDC’s landfill sites during the period under review and the monitoring showed that there were only minor effects on the environment due to the discharges at the closed Stratford landfill site.

During the year, SDC demonstrated a high level of environmental performance and good level of administrative performance with the Stratford landfill resource consent. As with the 2014-2015 year, there was some minor ponding occurring on the site and some re-contouring is needed to ensure that all areas of the cap remain free draining

TWN Ltd Partnership - Waihapa Production Station TWN Limited Partnership (the Company) operates a petrochemical production station located on Bird Road at Stratford, in the Patea catchment. The Waihapa Production Station processes oil and gas from numerous associated wellsites. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities.

The Company holds three resource consents in relation to the Waihapa Production Station, which include a total of 33 conditions setting out the requirements that the Company must satisfy. The Company holds one consent to discharge treated impounded stormwater from the Waihapa Production Station into the Ngaere Stream and to discharge treated stormwater from perimeter drains to land where it may enter the Ngaere Stream, one consent to abstract water from the Ngaere Stream, and one consent to discharge emissions related to production activities into the air at the site.

During the monitoring period, TWN Limited demonstrated an overall high level of environmental performance.

The Council’s monitoring programme for the year under review included seven inspections, six water samples collected for physicochemical analysis, two biomonitoring surveys of receiving waters and two ambient air quality surveys.

Stormwater system inspections showed that discharges from the site at the time complied with consent conditions. Receiving water inspections and sampling showed that the discharges were not causing any adverse effects on the Ngaere Stream at the time of monitoring.

There were no adverse effects on the environment resulting from the exercise of the air discharge consent. The ambient air quality monitoring at the site showed that levels of carbon

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monoxide, combustible gases, PM10 particulates and nitrogen oxides were all below levels of concern at the time of sampling. No offensive or objectionable odours were detected beyond the boundary during inspections and there were no complaints in relation to air emissions from the site.

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a high level.

This report includes a recommendation for the 2016-2017 year.

Mangati Stream [integrated] This report is the Annual Report for the period July 2015 to June 2016 by the Taranaki Regional Council (the Council) describing the monitoring programme associated with 17 industries within the catchment of the Mangati Stream, Bell Block.

The Mangati catchment has, in the past, been heavily utilised for the disposal of stormwater and wastewaters from a large number of industrial sites. As a consequence of inadequate treatment and management of discharges and minimal dilution capacity in the past, the water quality and aquatic ecosystems of the stream were significantly impacted. The Mangati Stream catchment is listed in the Regional Freshwater Plan for Taranaki (Appendix 1B) as having been identified for enhancement of natural, ecological and amenity values, and life supporting capacity. The Council has addressed this by requiring consents for discharges from every industrial site within the catchment that has significant potential for contamination. A combined monitoring programme has been implemented by Council to monitor these discharges, and since the 2002-2003 year a holistic approach has been applied to the monitoring of abstractions and discharges to all media.

During the 2015-2016 monitoring period a total of one water abstraction consent, 17 non agricultural water discharge consents, five air discharge consents and two discharge to land consents were held by industries in this catchment. This report covers the results and findings during this monitoring period for these 25 consents, which contain a total of 257 special conditions that the consent holders must satisfy. It represents the 19th report produced by Council to cover water discharges by industries within the catchment and their effects, and is the tenth combined report to cover abstractions and discharges to all media.

Overall, a good level of environmental performance was achieved by the consent holders in the industrial area of the Mangati Stream catchment.

Monitoring during the year under review included 56 site inspections, discussions with site operators over site management, 86 discharge samples, 36 receiving water samples, 16

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macroinvertebrate samples, point source and ambient particulate monitoring and odour surveys.

Historically, chemical and biological monitoring results for the Mangati catchment have shown there to be a two-stage reduction in water quality, one below the main stormwater outlet from Tegel Foods poultry processing plant, the other below the industrial drain which joins the stream at the main highway.

During the period under review higher than expected biochemical oxygen demand (BOD) concentrations were found in two of the wet weather runs, however the final survey of the period found that BOD levels had returned to values similar to the historical medians. Also noted were increases in BOD inputs from the upper non industrial reaches of the catchment which are currently being investigated.

In the period under review the instream dissolved zinc and copper concentrations met the appropriate USEPA acute or chronic exposure guidelines in 21 of 24 results. Suspended solids were found to be above median at all sites (including at the upstream control site) however in all sampling surveys there was found be only slight increases in the concentration of suspended solids between the upstream control site and the site immediately below New Plymouth District Council’s (NPDC’s) treatment ponds at the bottom of the industrial catchment. Concentrations of ammoniacal nitrogen were generally found to be above median values for most samples; however no significant overall increase in concentrations were noted when comparing the upstream control site and the site immediately below NPDC ponds. None of the 24 instream samples taken during period under review exceeded the 0.025 g/m3 MfE ammonia guideline limit for the protection of aquatic ecosystems.

Noted during the period under review were the lower than expected macroinvertebrate community index (MCI) values found in the middle and upper reaches of the stream during the summer macroinvertebrate survey. This may have been attributed to the elevated BOD levels discussed earlier and/or seasonal habitat constraints experienced in the stream due to lower flows and elevated temperatures in the summer period. However during this summer survey the MCI score found at the Te Rima Place monitoring site downstream of the industrial area (site MGT000520) was the highest on recorded. Statistical analysis of data from this site indicates that this result is part of a continuing trend of improving MCI scores below the industrial area.

There were 14 substantiated unauthorised incidents recorded in the Mangati catchment during the period under review, all of which were related to the consented companies monitored under this catchment programme. Most of these incidents were related to non- compliant constituent concentrations found during discharge sampling. Four incidents were related to odour complaints received in regard to activities undertaken at J Swap’s feed yard. All incidents (substantiated or otherwise) were investigated and appropriate enforcement action was taken as required.

During the year, ABB Ltd demonstrated a high level of environmental performance and compliance with their resource consents and a good level of administrative performance.

During the year, GrainCorp Feeds Ltd demonstrated a good level of environmental performance and compliance with their resource consents and a high level of administrative performance.

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An improvement in Greymouth Petroleum Acquisition Company Ltd.’s (Greymouth Petroleum) environmental performance is required. During the period under review the stormwater sample collected for analysis exceeded resource consent limits for suspended solids. Currently an abatement notice is in place requiring Greymouth Petroleum to comply with consent conditions. Greymouth Petroleum demonstrated a good level of administrative performance. However it is noted that the stormwater management plan for the site is overdue for review and update by the consent holder.

Halliburton New Zealand Ltd (Halliburton) demonstrated a good level of administrative performance, however an improvement in environmental performance and compliance with their resource consents is required. During the period under review there were on-going issues with sediment control at the site that resulted in one non-compliant stormwater discharge and it was noted that the existing abatement notice in place was not being complied with. Halliburton has been issued with an infringement notice in regards to exceedances in suspended solids in their discharge.

During the year, J Swap Contractors Ltd demonstrated a poor level of environmental performance and an improvement is required in the administrative performance and compliance with the resource consents. There were substantiated odour complaints received resulting in enforcement action and it was also found that best practice was not being adopted at the site in regard to product tracking. It also noted that the stormwater designs supplied with the application did not accurately reflect the manner in which stormwater from the truck wash was to be discharged and as a result it is recommended this consent be reviewed under Section 128 (1) (c) of the RMA.

During the year, NPDC demonstrated a high level of environmental and administrative performance and compliance with their resource consent conditions.

During the year, Nexans New Zealand Ltd demonstrated a high level of environmental and administrative performance and compliance with their resource consents.

During the year, OMV New Zealand Ltd (OMV) demonstrated a good level of environmental performance and a high level of administrative performance and compliance with the resource consents. OMV had one non-compliance in regard to the biochemical oxygen demand (BOD) concentration in its discharge, however the matter was addressed and all subsequent samples have been found to be compliant.

During the year, Schlumberger New Zealand Ltd demonstrated a poor level of environmental performance and a poor level of administrative performance and compliance with their resource consents. There were significant issues in regard to the handling of drilling fluids which resulted in a spill. Schlumberger was issued with an infringement fine and had to undertake significant remediation to remove spilled materials from the reticulation network and Bell Block treatment ponds.

Tasman Oil Tools Ltd demonstrated a good level of environmental performance and compliance with their resource consents and a good level of administrative performance. There was one minor non-compliance in regard to suspended solids however the consent holder is undertaking works to improve sediment control at the site.

During the year, the Tegel Foods Ltd (feed mill) demonstrated a good level of administrative performance and a good of environmental performance and compliance with their resource consents.

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Overall, during the period under review, Tegel Foods Ltd (poultry processing plant) demonstrated a good level of environmental performance and a high level of administrative performance and compliance with their resource consents. One minor non-compliant fugitive discharge was observed during a dry weather survey and non-compliant stormwater discharges were found during one wet weather survey. No effects were noted in the stream as a result of these and subsequent samples have returned compliant results.

During the year, an improvement is required in TIL Freighting Ltd’s level of administrative performance and environmental performance and compliance with their resource consents. There has been an on-going issue in regards to BOD concentrations in the discharges from the site. The consent holder has recently undertaken a major cleaning programme to reduce contamination of stormwater at their premises. The site currently operates under an abatement notice and further enforcement action is being considered if the issues persist.

During the period under review, Vector Gas Ltd and First Gas Ltd demonstrated a high level of environmental and administrative performance and compliance with their resource consent.

During the period under review, W Abraham Ltd demonstrated a high level of environmental and high level of administrative performance and compliance with their resource consent.

In terms of overall environmental and compliance performance by the consent holders over the last several years, this report shows that the consent holders’ performance overall remains at a good level in the year under review. It is noted however that there are several consent holders that either continue to have issues that require improvement (following on from the previous period) or require interventions and enforcement action as a result of significant events.

This report includes recommendations for the 2016-2017 year.

Port Taranaki Industries This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the environmental performance of the companies operating in and around Port Taranaki, New Plymouth. Port Taranaki Ltd operates Port Taranaki. Downer New Zealand Ltd and Technix Taranaki Terminal Ltd operate bitumen plants within the bounds of the port. Methanex New Zealand Ltd operates a methanol storage facility at the port, and New Zealand Oil Services Ltd provides terminal operation services involving the storage and distribution of fuel.

The companies hold a total of eight resource consents, which include 60 conditions setting out the requirements that they must satisfy. The companies hold seven consents to discharge effluent/stormwater into the Tasman Sea, and one consent to discharge emissions into the air. In addition, Port Taranaki Ltd also holds a Certificate of Compliance with regards to air discharges.

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During the monitoring period Port Taranaki, Downer New Zealand Ltd, Technix Taranaki Terminal Ltd, Methanex New Zealand and New Zealand Oil Services Ltd all demonstrated an overall high level of environmental performance.

The Council’s monitoring programme for the period under review included three site inspections of Port Taranaki Ltd, Downer New Zealand Ltd and Technix Taranaki Terminal Ltd, seven site inspections of Methanex New Zealand Ltd and eight at New Zealand Oil Services Ltd. Water samples were collected for physicochemical analysis on selected inspections.

During the period under review, Port Taranaki Ltd obtained a ‘high’ rating for environmental and administrative performance and compliance with the resource consents. Suspended solids remained well below consent limits in all samples analysed. There were no recorded incidents. The environmental performance of Port Taranaki Ltd has continued to improve from previous years.

During the same period, Downer New Zealand Ltd, Technix Taranaki Terminal Ltd, Methanex New Zealand and New Zealand Oil Services Ltd all demonstrated a high level of environmental and administrative performance and compliance with the resource consents. No incidents were recorded, no issues were noted during inspections, and all discharge samples were compliant with consent conditions.

This report includes recommendations for the 2016-2017 year.

Fonterra – Kapuni Fonterra Limited (the Company) operates a lactose manufacturing factory and inhalation grade lactose plant located on Manaia Road at Kapuni, in the Kaupokonui catchment. The plant processes whey and permeate from dairy product manufacture around the North Island. This report for the period July 2015-June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review, and the results and environmental effects of the Company’s activities.

The Company holds a total of 19 resource consents, which include a total of 161 conditions setting out the requirements that the Company must satisfy. The Company holds two consents to allow it to take and use water, six consents to discharge stormwater and/or cooling water into the Kaupokonui and Motumate Streams, five consents to discharge wastes to land, six land use consents, and one consent to discharge emissions into the air at this site. Two of the consents, to discharge factory wastewater to land, were varied in July 2015 to include dairy shed effluent which previously had been discharged to surface water. Another two of the consents were granted in February 2016 to provide for the discharge of farm dairy solids and pond sludge to land.

During the monitoring period, Fonterra Limited demonstrated an overall high level of environmental performance.

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The Council’s monitoring programmes for the period under review together included 12 inspections, 178 water samples collected for physico-chemical analysis, two bio-monitoring surveys of receiving waters, and five ambient air quality analyses.

Cooling water discharge volume metering was introduced, in relation to future water allocation for the Kaupokonui Stream. Telemetry of abstraction from and discharge to the Stream was installed, with ongoing transmission problems that are being addressed.

Ecological monitoring did not note any problems in regard to the abstraction of water from the Kaupokonui Stream for cooling water and general purposes.

Temperature increase limits on cooling water discharged to the Kaupokonui Stream were complied with throughout the review period. The main cooling system was replaced in August 2015, with towers designed to achieve a discharge temperature of less than the maximum limit of 25°C that is allowed in the receiving water. Riparian planting was maintained on the factory site and a donation towards riparian enhancement in the catchment was received by the Council as per consent conditions.

Irrigation onto the two dairy farms was, in general, well managed, including the new dairy shed effluent. Nitrogen loading on the farms remained similar to that previously, as the addition of dairy shed effluent was approximately off-set by a reduction in loading from factory wastewater. No effect from irrigation was found from biological monitoring of the Kaupokonui and Waiokura Streams. A 20 m buffer to the bank of water courses was maintained during irrigation.

Effects on the groundwater in the vicinity of the farms were varied, but most showed some impact on both mineral and organic component levels. This has been addressed through extension of the irrigation disposal system in 2007-2008, and by more intensive wastewater and groundwater monitoring. The monitoring results in some areas continue to show an increase in total nitrogen loading on irrigation areas, although with the increase in the area utilised, groundwater concentrations are showing no increase overall.

No effects were noted on the Kaupokonui Stream as a result of the stormwater discharges from the northern and southern stormwater outfalls, Inhalable Grade Lactose plant, and stormwater detention pond. Sample results were within those prescribed by consent conditions.

One complaint was reported by the Company, in August 2015 about odour from the sewage soakage field for the disposal of septic tank effluent from the factory. Sewage was tankered off site until the treatment and disposal system was replaced, work being completed in February 2016. The discharge meets the standards of Rule 22 of the Regional Freshwater Plan, and as such is classed as a permitted activity.

Particulate deposition from air emissions was similar to the previous monitoring periods. Visual inspections found no evidence of depositions, and odour surveys continued to note low levels of odour off site, with some odour observed around the effluent tank and in the vicinity of this depending on the direction of the wind.

Overall, during the period under review, the Company demonstrated a high level of environmental performance and compliance with the resource consents. There were no unauthorised incidents during the period under review.

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This report includes recommendations for the 2016-2017 year.

STDC Hawera WWTP ponds The South Taranaki District Council (STDC) operates seven municipal oxidation pond systems within the district of South Taranaki. This report, for the period July 2015 to June 2016, focusses on the oxidation ponds system located in Hawera, which comprises an anaerobic pond, two primary/facultative ponds in parallel, and a maturation pond. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess STDC’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of STDC’s activities in relation to the Hawera Wastewater Treatment Plant (HWWTP).

STDC holds two resource consents for the site which include a total of 26 conditions setting out the requirements that STDC must satisfy. STDC holds consent 5079-1 for operation of the Hawera oxidation ponds system, and consent 7520-1 to discharge to an unnamed stream in the event of high rainfall.

During the monitoring period, STDC demonstrated an overall good level of environmental performance.

The Council’s monitoring programme for the year under review included five inspections, during which effluent samples were collected from the aerobic ponds and maturation pond. Shellfish and seawater samples were also collected during the year, and two marine ecological surveys were undertaken. STDC provided the Council with continuous dissolved oxygen (DO) and outflow data as well as an annual report.

Monitoring of the HWWTP found that one of the two aerobic ponds failed to maintain the required DO concentration for a sufficient proportion of the year. However, the margin of this non-compliance was small, and this was the only significant issue that was noted during monitoring period. Monitoring did not detect any adverse effects in the receiving environment that could be attributed to the exercise of consent 5079-1. There were no unauthorised incidents reported at the HWWTP site during the period under review.

During the year, STDC demonstrated a good level of environmental performance and a high level of administrative compliance with resource consents held for the HWWTP.

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a good level.

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This report includes recommendations for the 2016-2017 year.

STDC Coastal Structure Monitoring South Taranaki District Council (STDC) holds coastal permits for various structures along the South Taranaki coast. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess STDC’s environmental performance during the period under review.

STDC holds a total of 11 coastal permits relating to coastal structures, which include a total of 55 conditions setting out the requirements that the STDC must satisfy. STDC holds three coastal permits relating to boat ramps, wharves /jetties; one permit relating to access structures and seven permits relating to coastal protection from erosion. A further two coastal permits are held for outfall structures which are the subject of other monitoring programmes and are not discussed in this report.

During the monitoring period, STDC demonstrated an overall good level of environmental performance.

The Council’s monitoring programme for the period under review included an annual inspection of the various structures.

Most of the structures were found to be well maintained, and there did not appear to be any adverse environmental effects. However, some issues were noted with regards to the Opunake Bay boat ramp and the access way at Denby Road.

During the year, overall STDC demonstrated a good level of environmental performance and a high level of administrative performance.

This report includes recommendations for the 2016-2017 year.

TrustPower - Mangorei HEP Scheme Trustpower Limited (the Company) operates the Mangorei Hydroelectric Power Scheme (HEP) scheme in the Waiwhakaiho River catchment to the south of New Plymouth. Trustpower diverts water from the Waiwhakaiho River into Lake Mangamahoe, from where it is directed through penstocks through to the Mangorei Power Station, located on Hydro Rd. The water is returned to the Waiwhakaiho River at the Meeting of the Waters, six kilometres downstream of the original diversion. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities.

The Company holds seven resource consents, which include a total of 35 conditions setting out the requirements that the Company must satisfy. The Company holds three consents to allow it to divert, use and discharge water and four consents for various structures, including to dam

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the Mangamahoe Stream, the Waiwhakaiho River intake weir and an access culvert related to this site.

During the monitoring period, Trustpower Ltd demonstrated an overall high level of environmental performance, in relation to the Mangorei HEPS .

The Council’s monitoring programme for the year under review included 12 hydrological inspections, which included a gauging of the residual flow on each occasion, the auditing of data provided by the Company and water temperature monitoring of the Waiwhakaiho River.

Gauging of the residual flow recorded a compliant flow on all occasions. The inspections undertaken in conjunction with the gaugings took note of on site activities, including maintenance of the fish pass and management of an access culvert. During these inspections all aspects of the scheme appeared in good order, with maintenance of the fish pass performed as soon as practicable following a fresh. Data provided by the Council showed good compliance with lake level restrictions, residual flow requirements and the requirement to generate at least 950 L/s during the day. The Company is yet to exercise the variation to their abstraction consent, which allowed for the abstraction of flood flows up to a river flow of 85 cubic metres per second (cumecs). A discussion between Trustpower and the Council clarified the requirements of residual flow data provision, and the purpose of the frequent gaugings the Council undertakes, and this has been detailed within this report.

A relatively high number of elvers was transferred, being the highest since the 2008-2009 year, indicative of an improved season for elver migration. Downstream migratory adult eel passage was also provided by the Company, with manual trapping and transfer of a number of migrant eels on several occasions after river fresh events mainly in autumn 2016.

Water temperatures in the lower river have not increased significantly, nor reached excessive levels, principally because of the increased spread of power generation releases during daylight hours, a condition of consent.

Although the water temperature in the lower river has warmed very slightly over the sixteen year period since the increased summer residual flow was implemented, this appears to be due to climatic changes, as a similar trend is apparent upstream of the scheme.

During the year, the Company demonstrated a high level of environmental and administrative performance with the resource consents related to the Mangorei HEPS. There were no unauthorised incidents recorded in respect of this HEPS during the period under review.

In terms of overall environmental and compliance performance by the consent holder over the last several years, this report shows that the consent holder’s performance remains at a high level.

This report includes recommendations for the 2016-2017 year, including the expansion of the monitoring programme to include a biological component.

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Tawhiti Stream The Tawhiti Stream catchment, east of Hawera, is the location of several industries that include a meat processing plant, a rendering plant, and a trout hatchery. The companies that run these industries hold a number of resource consents to allow abstraction of water, discharge of stormwater to the stream, discharge of emissions into the air, disposal of paunch material to land, and placement of a structure across the stream. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the companies’ environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the companies’ activities.

Twelve resource consents are held, which include a total of 101 conditions setting out the requirements that the companies must satisfy.

The Council's monitoring programme included site inspections, the collection of discharge water samples, and sampling of the receiving water body for physico-chemical analysis. A hydrometric station is maintained on the stream for the continuous measurement of flow rate and temperature.

Silver Fern Farms Management Ltd (meat processing plant) demonstrated an overall high level of environmental performance.

The Company holds six resource consents, to allow it to maintain a dam in and to take from the Tawhiti Stream; to discharge to the stream and to land; and to discharge emissions into the air.

During the period under review, there were no incidents reported in relation to activities at the site.

Abstraction volumes complied with the consent limit. Telemetry of abstraction data to Council was installed in October 2012, with provision for transmission of cooling water flow and temperature data in the future, if required.

Graeme Lowe Protein Ltd (rendering plant) demonstrated an overall high level of environmental performance. The Company holds four resource consents, to allow it to take from and discharge to the Tawhiti Stream, and to discharge emissions into the air.

Since September 2014, the plant has ceased to process renderable materials, except blood. Offal from the adjacent meat processing plant is stored on site for daily transport to a rendering plant at Okaiawa. The offal load-out facility was upgraded in 2015-2016, with the installation of automated augurs and dedicated bins.

Erosion protection works were carried out along Tawhiti Stream adjacent to the plant, with minimal effect on stream water quality.

During the period under review there were no incidents reported in relation to activities at the site.

Abstraction volumes complied with the consent limit, with one minor exception. Telemetry of abstraction data to Council was installed in October 2012, with provision for transmission of cooling water flow and temperature data in future, if required.

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Taranaki Fish and Game (trout hatchery) demonstrated an overall high level of environmental performance.

The organisation holds two resource consents, to allow it to take and use water from, and to discharge to, the Tawhiti Stream. Two inspections were conducted during the review period, which indicated that contaminants in the discharge to the Tawhiti Stream were minimal and had no significant environmental effect.

During the period under review, there were no unauthorised incidents reported in relation to activities at the site.

Physico-chemical surveys of Tawhiti Stream, carried out on four occasions in dry and wet weather conditions during the review period, showed no adverse effect on the stream as the result of activities at the sites of Silver Fern Farms Management Ltd, Graeme Lowe Protein Ltd and Taranaki Fish & Game.

In terms of overall environmental and administrational compliance performance by the consent holders over the last several years, this report shows that the consent holders’ performance remains at a high level.

It is recommended that the monitoring programme for 2016-2017 continue at its present level.

STDC Landfills combined report The South Taranaki District Council (STDC) holds consents to cover the discharge of leachate and stormwater from seven closed landfills. The landfills are at Kaponga and Manaia in the Waiokura catchment, Patea in the Patea catchment, Opunake in the Otahi catchment, Hawera in the Tangahoe catchment, Otakeho in the Taikatu catchment and Eltham in the Waingongoro catchment.

This report for the period July 2015 to June 2016 describes the monitoring programmes implemented by the Taranaki Regional Council (the Council) to assess STDC’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of STDC’s activities at the Eltham, Manaia, Hawera, Opunake, and Patea landfills. Triennial monitoring of the Kaponga and Otakeho closed landfills was not scheduled to take place during the year under review.

During the monitoring period, STDC demonstrated an overall high level of environmental performance.

In relation to its closed landfills STDC hold 10 resource consents consisting of eight discharge of stormwater and/or leachate to water consents, one discharge to air consent, and one land use consent. These permits have a total of 63 special conditions that STDC must adhere to.

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To monitor compliance with these conditions during the 2015-2016 year, Council staff conducted 11 inspections, took 30 discharge and receiving environment samples, and conducted two biomonitoring surveys.

No incidents were recorded by the Council in regards to these landfill sites during the monitoring year.

There were some minor issues noted at a few of the sites, however these were resolved during the period under review and no significant adverse effects were noted.

During the year, STDC demonstrated a high level of environmental and high level of administrative performance in relation to the Eltham, Hawera, Manaia, and Opunake closed landfill consents as defined in Section 1.1.5.

During the year, the environmental performance and administrative performance of STDC was not assessed in relation to the Kaponga and Otakeho closed landfill consents.

During the year, STDC demonstrated a high level of environmental and a good level of administrative performance in relation to the Patea landfill consents as defined in Section 1.1.5. In the 2014-2015 year, the best practicable option was not always adopted at the site, which resulted in some minor stock damage to the stormwater drains. Stock management at the site during the year under review has improved, but still needs to be monitored due to the potential for effects both on the functioning of the system and the quality of the discharge.

This report includes recommendations for the 2016-2017 year, including recommendations relating to the optional reviews of consents 3387-3 (Eltham), 3459-3 (Kaponga) and 3952-2 (Manaia).

NZ Pure Bred Pig Genetics Ltd Piggery NZ Pure Bred Genetics Ltd (formerly Meadowvale Piggery) operates a piggery located on Mountain Road at Midhirst, in the Manganui catchment. Transfer of consents between the two parties became effective on 1 December 2012. NZ Pure Bred Genetics Ltd ( the Company) specialises in growing eight to ten weeks old weaners for the market and do not grow fattening pigs at the piggery. Significantly less effluent is produced by not growing fattening pigs.

This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental performance during the period under review, and the results and environmental effects of the Company’s activities.

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The Company holds two resource consents, which include a total of 22 conditions setting out the requirements that the Company must satisfy. The Company holds resource consent 0351-3 to allow the discharge of treated effluent to land and into Rumkeg Creek and consent 5249-2 to allow the discharge of emissions into the air from the piggery site.

Consent 0351-3 expired on 1 June 2015 and an application to renew the consent has been applied for. Section 124 of the Resource Management Act (1991) allows the consent holder to operate on the existing consent until a new consent has been granted.

The consent holder will need to consider the proposed changes in the Regional Fresh Water Plan which relates to managing diffuse source discharges to land and water in the Taranaki Region when a new consent is applied for.

The Council’s monitoring programme for the year under review included four inspections and two wastewater and receiving water physicochemical surveys.

The number of pigs (equivalent 50 kg per pig) had increased during the 2015-2016 period by 25%, from 605 to 767 pig equivalents.

In the 2015-2016 monitoring period, the Council had received three alleged complaints concerning the Company regarding odour, sump overflows and discharges of pig effluent to water. All these complaints were investigated and found that no ‘objectionable’ and/or ‘offensive’ odour was found to be emanating beyond the piggery boundary nor were there any unauthorised discharges from the effluent treatment system discharging into the receiving waters.

During the year the Company demonstrated an overall good level of environmental performance.

This report includes recommendations for the 2016-2017 year.

Osflo Fertilizer Limited Osflo Fertiliser Ltd (Osflo) operates a facility for storage, blending and distribution of poultry waste fertiliser located on Hursthouse Road, Lepperton, in the Waiongana catchment. This report for the period July 2015 to June 2016 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess Osflo’s environmental performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of their activities.

Osflo holds two resource consents, which included a total of 18 conditions setting out the requirements that they must satisfy. Osflo holds one consent to allow it to discharge

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stormwater and treated waste water from the poultry litter storage area into land in the vicinity of the Awai Stream, and one consent to discharge emissions into the air from the use and storage of the used chicken litter. This represents the twenty-second report on the environmental performance of Osflo.

During the monitoring period, Osflo demonstrated an overall high level of environmental performance.

The Council’s monitoring programme for the year under review included four inspections, four water samples collected for physicochemical analysis, and odour assessments.

The monitoring showed that that the activities were having a less than minor impact on the surrounding environment. While the potential for odour generation is the primary issue with this facility historically, this period only received one odour related complaint, though it was not attributed to the facility. Overall it has been a strong performance by the Company this monitoring period when compared to the previous monitoring periods.

During the year, the Company demonstrated a high level of environmental and administrative performance with the resource consents.

This report includes recommendations for the 2016-2017 year.

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Financial considerations—LTP/Annual Plan This memorandum and the associated recommendations are consistent with the Council’s adopted Long-Term Plan and estimates. Any financial information included in this memorandum has been prepared in accordance with generally accepted accounting practice.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

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Appendices/Attachments – 28 separate reports

PDF Report Name Reporting period Number ANZCO Foods 1746550 2015-2016 NPDC Inglewood Wastewater Treatment Plant 1725781 2015-2016 Taranaki Galvanizers 1726441 2015-2016 Inglewood Metal Limited 1726953 2015-2016 Trustpower Patea HEP scheme 1727586 2015-2016 Origin Energy Resources (Rimu) Ltd - Rimu Production Station 1729946 2015-2016 TAG Oil (NZ) Ltd - Sidewinder Production Station 1730587 2015-2016 NPDC Colson Rd Landfill 1733002 2015-2016 Cheal Petroleum Limited - Cheal Production Station 1732509 2015-2016 Waitaha Stream Catchment Consents [integrated] 1734948 2015-2016 Todd Energy Limited Deep Well Injection Monitoring Programme Report 2015-2016 1738355 2015-2016 BTW - Wellington Landfarm 1740987 2015-2016 Origin Energy Resources (Kupe) Ltd - Kupe Production Station 1738425 2015-2016 TAG - Vanner Landfarm 1741627 2015-2016 RKM Farm Limited (Macdonald's Piggery) 1745059 2015-2016 Crematorium SH3, New Plymouth 1755145 2015-2016 SDC Stratford Landfill 1762307 2015-2016 TWN Ltd Partnership - Waihapa Production Station 1763155 2015-2016 Mangati Stream [integrated] 1762141 2015-2016 Port Taranaki Industries 1732646 2015-2016 Fonterra - Kapuni 1742294 2015-2016 STDC Hawera WWTP ponds 1746736 2015-2016 STDC Coastal Structure Monitoring 1742478 2015-2016 TrustPower - Mangorei HEP Scheme 1744463 2015-2016 Tawhiti Stream 1750249 2015-2016 STDC Combined Landfills 1753268 2015-2016 NZ Pure Bred Pig Genetics Ltd Piggery 1753499 2015-2016 Osflo Fertilizer Limited 1761654 2015-2016

83 Consents and Regulatory Committee Tuesday 22 November 2016 - Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

Agenda Memorandum

Date 22 November 2016

Memorandum to Chairperson and Members Consents & Regulatory Committee

Subject: Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

Item:

Approved by: A D McLay, Director – Resource Management

B G Chamberlain, Chief Executive

Document: 1772237

Purpose The purpose of this memorandum is to present the findings of a recent Ministry for the Environment (MFE) report Compliance, monitoring and enforcement by local authorities under the Resource Management Act 1991.

A copy of the Report is attached separate to this Agenda.

Executive summary  The report presents the results of a MFE survey of 13 councils, nine stakeholders and iwi, as well as data collected by MFE. Survey participants were chosen by MfE as ‘representative’.  This Council was not part of the survey even though it has well established and effective Compliance Monitoring and Enforcement (CME) regimes in place for resource management and biosecurity purposes.  The report observes a number of key trends and issues including a significant variation in the way councils carry out CME.  Resources for CME activities are very limited in some councils and there is a lack of data on council CME practices. As a result, it is difficult to assess the effect of CME on environmental outcomes.  The Report notes variations in council practices are acceptable where they reflect genuine regional/local differences. However, variable/low-levels of CME can also lead to a lack of equity and public certainty and confidence, and impact negatively on environmental outcomes.

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 The Report identifies examples of good CME practices including most councils taking a risk based approach to monitoring, and a number of voluntary industry, community and council educational initiatives which have been effective in lifting compliance.

Recommendations That the Taranaki Regional Council:

1. receives the memorandum and Ministry for the Environment report Compliance, monitoring and enforcement by local authorities under the Resource Management Act 1991.

2. notes that this Council’s compliance monitoring and enforcement regime is well established and effective and does not experience the political, financial and operational issues identified in the survey.

Background This report and the research that sits behind it is intended to:

 provide a more comprehensive evidence base to enable the Ministry for the Environment to assess whether the policy settings behind CME are fit for purpose  inform councils’ CME activities, by providing examples of other councils’ activities and outlining the strengths and weaknesses of certain approaches  help determine what data is requested from all councils annually through the national monitoring system (NMS)  enable the public to better understand how councils carry out CME.

For the purposes of the report:

 compliance means adherence to the RMA, including the rules established under regional and district plans and meeting resource consent conditions  monitoring means the activities carried out by councils to assess compliance with the RMA, and responding to complaints from the public about potential breaches  enforcement is defined as the actions taken by councils to respond to non-compliance with the RMA.

The Report The report provides a summary of local government (council) compliance, monitoring and enforcement (CME) under the Resource Management Act 1991 (RMA). The findings in this report are based on conversations with representatives from 13 councils and nine stakeholders and iwi, as well as data collected by the Ministry for the Environment.

The Councils surveyed were:

Regional councils Bay of Plenty Regional Council Canterbury Regional Council (Environment Canterbury) Waikato Regional Council Otago Regional Council

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Unitary councils Auckland Council Gisborne District Council Tasman District Council

Territorial councils Dunedin City Council Hamilton City Council Hutt City Council Selwyn District Council Opotiki District Council Otorohanga District Council.

The report does not make recommendations – it is intended to inform further analysis by the Ministry on what changes (if any) are needed to improve CME. The report is also intended to inform councils’ CME activities, by providing examples of good CME practice by other councils.

The report is divided into three substantive sections:

 Part 2 explains the regulatory context behind CME, including the key statutory requirements and enforcement options available for penalising/deterring non- compliance  Part 3 gives a summary of council CME activities and CME issues faced by councils  Part 4 sets out opportunities for improving CME, raised by councils and stakeholders.

The report observes a number of key trends and issues, including:

 There is significant variation in the way councils carry out CME. Council approaches vary in terms of the priorities and resources given to CME activities, monitoring and investigation practice, enforcement decision-making processes and use of enforcement actions.  Resources for CME activities are very limited in some councils. As a result, many activities which require monitoring are not able to be monitored. For example, most councils carry out very little or no monitoring of plan rules (permitted activities).  There is a lack of data on council CME practices. As a result, it is difficult to assess the effect of CME on environmental outcomes.

Variations in council practices are acceptable where they reflect genuine regional/local differences. However variable/low-levels of CME can also lead to a lack of equity and public certainty and confidence, and impact negatively on environmental outcomes.

The report also observes examples of good CME practice, including:  Most councils take a risk-based approach to monitoring (see part 3.1.2 of the report), an approach which has been endorsed by both Cabinet and the Productivity Commission1

1 CAB Min (13) 6/2B; New Zealand Productivity Commission, 2014.

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 There are a number of voluntary industry, community and council initiatives which have been effective in lifting compliance (see part 3.2 of the report)  The Compliance and Enforcement Special Interest Group have developed the Regional Sector Strategic Compliance Framework 2016–18, which aims to improve consistency in councils’ CME practices.

Assessment and discussion CME is critical in implementing the RMA and providing for improved environmental outcomes. Hence the survey is a positive step in an area of resource management where MFE has traditionally not had a great presence.

This Council has long recognised appropriate CME as an important resource management tool and has well established and sophisticated systems and processes in place.

Regional councils and unitary authorities have more significant monitoring obligations than territorial authorities. The nature of these councils’ activities means that the majority of resource consents require ongoing monitoring to check compliance (for example, to check compliance with a farm dairy discharge consent). In contrast, the majority of resource consents issued by territorial authorities are only checked once to ensure ongoing compliance (for example, to check compliance with a subdivision consent). However, there can be consent conditions for noise, light and traffic movements, that could be monitored.

The survey provides some insight into council CME in New Zealand and a number of issues have been identified, few of which exist in this region. A response to the issues is provided below. At this Council :  There is a political will to effectively implement the RMA and penalise non-compliance  There is no political interference in enforcement activities, which have been delegated to senior staff who act professionally even when dealing with members of their community they may know.  CME is appropriately resourced  CME is mainly funded through user charges and polluter pays principles  There is no warning of a compliance inspection ( i.e. “cold calling” is used)  There is a risk based approach to monitoring , with more intensive monitoring at sites which pose a greater environmental risk based on past performance or nature of the activities, but a wide range of other activities are also monitored regularly (annually).  Given the capability and systems in place most prosecutions are cost neutral  A transparent regime is in place with non-compliance publically reported via the Consents and Regulatory Committee and in the annual compliance monitoring reports  Territorial compliance staff are invited to Council enforcement training and assist each other  Iwi are involved in prosecutions and provide cultural impact statements  Permitted activities receive some monitoring  The Council holds itself to the same standard as the public in terms of compliance.

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This Council has long recognised appropriate CME as an important resource management tool and has well established and sophisticated systems and processes in place.

In terms of looking forward and opportunities for improvement discussed in the report the Council notes:  Support for infringement fines ( currently range from $300-$2000) but agrees that these are too low to be effective  A lack of national-level direction, support and guidance provided on CME  While it is acknowledged as a complex area there should be more work undertaken by MFE on the effectiveness of CME in achieving the purpose of the RMA (sustainable management of natural and physical resources)  No support for a national enforcement agency  Support for greater training and support and recognition of the work already underway with the regional sector’s Compliance and Enforcement Special Interest Group and central government initiatives ( e.g. G-Reg forum)  Support for establishing a charging regime for monitoring of permitted activities.

There is no opportunity to submit on the report but senior council officers will continue to advocate the above points when engaging with central government.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments – one separate report Document number: 1772287. Compliance, monitoring and enforcement by local authorities under the Resource Management Act 1991.

88 Consents and Regulatory Committee Tuesday 22 November 2016 - Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

89 Consents and Regulatory Committee Tuesday 22 November 2016 - Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

Acknowledgements Prepared with support from Hans Van Kregten and Kaha Consultancy.

The cover photo was taken by Wendy Bell, Waikato Regional Council.

Many thanks to the council, stakeholder and iwi representatives who assisted with this study.

Published in November 2016 by the Ministry for the Environment Manatū Mō Te Taiao PO Box 10362, Wellington 6143, New Zealand

ISBN: 978-0-908339-48-8

Publication number: ME 1251

This document is available on the Ministry for the Environment’s website: www.mfe.govt.nz

90 Consents and Regulatory Committee Tuesday 22 November 2016 - Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

Contents

Executive summary 5

Part 1: Introduction 6 1.1 Overview and purpose of report 6 1.2 Background to this research 7 1.3 Methodology 8

Part 2: Compliance, monitoring and enforcement regulatory settings 10

Part 3: Compliance and enforcement trends and issues 15 3.1 Variations in council approaches to compliance, monitoring and enforcement 15 3.2 Effectiveness of council compliance, monitoring and enforcement 26

Part 4: Looking forward – opportunities for improvement 31 4.1 Coordination of compliance activities 31 4.2 Community and iwi involvement 31 4.3 Role of central government 31 4.4 Consequences of non-compliance 33 4.5 Monitoring approaches 34

Part 5: Conclusions 36

References 38

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Tables

Table 1: Demographics of, and issues faced by, councils included in this study 8 Table 2: Non-statutory and statutory enforcement actions 11 Table 3: Numbers of compliance, monitoring, investigation and enforcement staff and resource consent processing staff per council type 16 Table 4: Noise and other RMA complaints by council type 18 Table 4: Resource consents requiring monitoring by council type (source: NMS 2014/15 data) 19 Table 5: Number of formal enforcement actions by council type (source: NMS 2014/15 data) 22

Figures

Figure 1: Braithwaite Compliance Triangle 11 Figure 2: Environmental Risk Matrix 17

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Executive summary

This report provides a summary of local government (council) compliance, monitoring and enforcement (CME) under the Resource Management Act 1991 (RMA). The findings in this report are based on conversations with representatives from 13 councils1 and nine stakeholders and iwi,2 as well as data collected by the Ministry for the Environment. The report does not make recommendations – it is intended to inform further analysis by the Ministry on what changes (if any) are needed to improve CME. The report is also intended to inform councils’ CME activities, by providing examples of good CME practice by other councils. The report is divided into three substantive sections:  Part 2 explains the regulatory context behind CME, including the key statutory requirements and enforcement options available for penalising/deterring non-compliance  Part 3 gives a summary of council CME activities and CME issues faced by councils  Part 4 sets out opportunities for improving CME, raised by councils and stakeholders. The report observes a number of key trends and issues, including:  There is significant variation in the way councils carry out CME. Council approaches vary in terms of the priorities and resources given to CME activities, monitoring and investigation practice, enforcement decision-making processes and use of enforcement actions.  Resources for CME activities are very limited in some councils. As a result, many activities which require monitoring are not able to be monitored. For example, most councils carry out very little or no monitoring of plan rules (permitted activities).  There is a lack of data on council CME practices. As a result, it is difficult to assess the effect of CME on environmental outcomes. Variations in council practices are acceptable where they reflect genuine regional/local differences. However variable/low-levels of CME can also lead to a lack of equity and public certainty, and impact negatively on environmental outcomes. The report also observes examples of good CME practice, including:  Most councils take a risk-based approach to monitoring (see part 3.1.2), an approach which has been endorsed by both Cabinet and the Productivity Commission3  There are a number of voluntary industry, community and council initiatives which have been effective in lifting compliance (see part 3.2)  The Compliance and Enforcement Special Interest Group have developed the Regional Sector Strategic Compliance Framework 2016–18, which aims to improve consistency in councils’ CME practices.

1 Four regional councils, three unitary authorities, four district councils and two city councils. 2 The stakeholders selected for this study represent environmental, community, Māori, business and governance interests. 3 CAB Min (13) 6/2B; New Zealand Productivity Commission, 2014.

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Part 1: Introduction

1.1 Overview and purpose of report This report provides an overview of research into compliance, monitoring and enforcement (CME) activities carried out by local authorities (councils) under the Resource Management Act 1991 (RMA). The report summarises key findings and insights from conversations with a range of regional, district, city and unitary councils throughout the country, as well as a range of stakeholders. The report does not provide analysis of the details of proceedings of RMA cases in the District Court (or appellate courts) or sentencing outcomes.4 This report and the research that sits behind it is intended to:  provide a more comprehensive evidence base to enable the Ministry for the Environment (the Ministry) to assess whether the policy settings behind CME are fit for purpose  inform councils’ CME activities, by providing examples of other councils’ activities and outlining the strengths and weaknesses of certain approaches  help determine what data is requested from all councils annually through the national monitoring system (NMS)  enable the public to better understand how councils carry out CME. For the purposes of this report, and unless the context otherwise implies:  compliance means adherence to the RMA, including the rules established under regional and district plans and meeting resource consent conditions  monitoring means the activities carried out by councils to assess compliance with the RMA, and responding to complaints from the public about potential breaches  enforcement is defined as the actions taken by councils to respond to non-compliance with the RMA.

1) Compliance, monitoring and enforcement are critical to effective implementation of the RMA CME are critical to achieving the purpose of the RMA – the promotion of sustainable management of natural and physical resources. Investment in good plan, policy-making and resource consenting processes can be undermined if CME are done poorly.5 CME are important for:  demonstrating the consequences of non-compliance with the RMA and providing both general and specific deterrence to prevent future offending  educating the public about the level of environmental management required under the RMA and how to improve compliance, and giving assurance to the public that rules and policies are being upheld  informing plan, policy and resource consent development processes so that they are enforceable and enforced, and effectively address relevant issues  upholding Treaty of Waitangi obligations  providing information on the state of the environment  providing for good environmental outcomes.

4 This was the subject of four studies on the use of prosecutions under the RMA. The latest report was released by the Ministry for the Environment (2012). 5 New Zealand Productivity Commission, 2013.

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This report focuses on activities where the environmental effects of non-compliance are significant or potentially significant. The adverse environmental effects of non-compliance with noise standards, for example, are minor and only temporary. For that reason, non-compliance with noise standards, despite making up the majority of complaints under the RMA,6 is not discussed in detail in this report.

1.2 Background to this research

2) The Ministry’s evidence base on compliance, monitoring and enforcement is limited The Ministry, acting on behalf of the Minister for the Environment, has a duty under section 24(f) of the RMA to monitor the effect and implementation of the RMA, national policy statements and water conservation orders. The Ministry also has responsibility for ensuring the policy settings in the RMA are fit for purpose, and that any policy interventions are supported by robust evidence. As such, it is important that the Ministry has a good evidence base on CME, including on how councils approach their roles. There are gaps and limitations in the Ministry’s evidence base on CME. The Ministry’s evidence on CME primarily consists of data from the RMA Survey of Local Authorities (until 2012/13), the NMS,7 four reports on RMA prosecutions,8 and ad hoc data and reports from other agencies9 and councils. This does not, however, tell the full story of how councils carry out CME. The Ministry’s evidence base lacks information on council approaches to CME, including how monitoring is carried out, how enforcement decisions are made and the overall relationship between compliance promotion and enforcement. In addition, the previous data collected has the following limitations:  the information collected by the RMA Survey of Local Authorities varied from year-to-year and is different to the NMS and as such, it is difficult to see temporal trends  the NMS data focusses on the effectiveness of RMA processes (such as compliance with statutory timeframes for processing resource consents), but there is more limited data on the impact of these processes on the environment. Addressing these information gaps and limitations is necessary to provide a more complete understanding of how councils are carrying out CME, and implementing the RMA. The NMS will address, in time, a number of these limitations (such as temporal consistency). Stakeholders, through reports and commentary in the media, have provided insights into council approaches to CME, highlighting weaknesses in some cases. For example, the report Towards Better Local Regulation (Productivity Commission, 2013) identified the following issues:  insufficient monitoring of RMA compliance by councils  lack of council focus of monitoring and enforcement resources on high-risk activities  insufficiency of penalties for deterring non-compliance  absence of cost-recovery mechanisms to fund monitoring and enforcement activities.

6 Noise complaints make up 83 per cent of all complaints received by local authorities under the RMA. 7 The NMS replaced the Biennial RMA Survey of Local Authorities in 2014. The data request sent to councils through the NMS is currently being refined. The full set of 2014/15 data can be accessed at www.mfe.govt.nz/rma/rma-monitoring-and-reporting/reporting-201415 8 See the most recent report, Ministry for the Environment (2012). 9 Including some data from the Ministry of Justice on RMA prosecutions.

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Local Government New Zealand (LGNZ), in a draft 2015 position paper,10 also highlighted a number of aspects of the RMA that are creating difficulties for CME staff in councils, such as the lack of cost recovery mechanisms for monitoring activities, especially permitted activities.

1.3 Methodology This report is based on:  publicly available information, and other documents provided by councils, stakeholders and the Ministry  data collected through the Ministry’s NMS and the RMA Survey of Local Authorities  discussions with 27 representatives (executive managers, compliance managers and compliance staff) from 13 territorial authorities, unitary authorities and regional councils (see Table 1 for a full list of councils).  discussions 14 representatives from nine stakeholder and iwi organisations. Councils were selected for this research based on the:  size of the council – the research sought views from staff representing a range of small, medium and large councils, and the population of council areas ranged between 8,500 and 1.4 million  nature of the activities addressed by the council – the research focused on activities that have significant environmental impacts, such as dairying, forestry and freshwater management  degree of growth in the city/district/region – councils experiencing high, medium and low growth were spoken to, as well as areas with declining populations. A range of stakeholders with a strong interest in CME, and representing community, environmental, iwi, governmental and business, were selected to be involved in this study. The stakeholders spoken to were DairyNZ, Forest and Bird, Environmental Defence Society, Environmental Protection Authority, New Zealand Productivity Commission and Local Government New Zealand. Federated Farmers and West Coast Regional Council also provided comments on a draft of this report. Three iwi – Raukawa, Ngati Maniapoto and Waikato-Tainui – were consulted, to get an overview of iwi views on council CME activities in the Waikato Region.11 Table 1: Demographics of, and issues faced by, councils included in this study Resident population in Population change Council 201312 2006–13 Bay of Plenty Regional Council 267,714 + 4 % Canterbury Regional Council (Environment Canterbury) 539,433 + 3.4 % Waikato Regional Council 403,638 + 5.5% Otago Regional Council 202,470 + 4.5 % Unitary Authorities Auckland Council 1,415,550 + 8.6 % Gisborne District Council 43,653 – 1.8 %

10 Local Government New Zealand, 2015. 11 Waikato iwi were interviewed due to an initial intention to examine CME activities (and stakeholder views on these activities) in the Waikato Region as a case study. Due to a change in the research approach, however, this case study is not included in this report. The views of Waikato iwi are nevertheless important to mention in this report, but they do not necessarily represent the views of iwi/hapū in other parts of New Zealand. 12 Census data from Statistics New Zealand.

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Resident population in Population change Council 201312 2006–13 Tasman District Council 47,154 + 5.7 % Territorial authorities Dunedin City Council 120,246 + 1.3 % Hamilton City Council 141,615 + 9.6 % Hutt City Council 98,238 + 0.5 % Selwyn District Council 44,595 + 32.5 % Opotiki District Council 8,436 – 6.0 % Otorohanga District Council 9,141 + 0.7 %

Council staff spoken to were encouraged to be open and frank, and to express their views on the effectiveness of CME activities by their council. For that reason, council responses in this report are not attributed to individual councils.

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Part 2: Compliance, monitoring and enforcement regulatory settings

This part gives an overview of the regulatory environment in which council CME activities sit, including the statutory role of councils to carry out CME, the relationship between compliance promotion and enforcement activities, and the mechanisms that are available for achieving compliance.

3) Compliance monitoring and enforcement is devolved to councils In New Zealand, CME activities under the RMA are devolved to councils. Councils are responsible for “the establishment, implementation and review of objectives, policies, and methods to achieve integrated management of natural and physical resources”.13 Section 35(2) also requires councils to monitor the state of the environment, and the efficiency and effectiveness of policies, rules and plans. CME are an important aspect of these statutory responsibilities.

4) The RMA allows for a graduated system of compliance and enforcement The RMA does not prescribe how councils should carry out CME activities, and central government has not issued any comprehensive national direction or guidance on this.14 Councils have considerable discretion to determine how to fulfil their statutory functions. The RMA allows for a graduated response to compliance and enforcement – it is up to local authorities to determine the appropriate response to breaches of the RMA, plan rules and consents. Councils use education and awareness-raising as the preferred method for encouraging compliance, and when necessary, formal action to discourage and penalise non- compliance, and direct remediation of the damage. Formal enforcement actions are normally only taken when ‘softer’ measures of compliance promotion and coercion have failed, and/or the breach of the RMA is significant. This approach is shown in Figure 1.

13 Resource Management Act 1991, sections 30(1) and 31(1). 14 Some national guidance is provided through the Quality Planning website – www.qualityplanning.co.nz.

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Figure 1: Braithwaite Compliance Triangle15

The Compliance Triangle (Figure 1) assumes that most people are willing to comply and know what to do to comply, while progressively fewer people need stronger interventions to ensure compliance. Most regulatory action occurs at the base of the pyramid, where compliance is sought through persuasion, but escalated when compliance is not achieved. This approach is endorsed in the Productivity Commission (2013) report, which states that: Most regulatory specialists now argue, on the basis of considerable evidence, that a judicious mix of compliance promotion and deterrence is likely to be the best enforcement strategy. The Commission also explain that: The enforcement challenge is striking the right balance between persuasion and coercion in securing regulatory compliance. This balance may differ between regulatory regimes. Similarly, the ideal balance of persuasion and coercion may differ between local authorities due to differences in the populations being regulated.

5) Councils have discretion as to what enforcement action, if any, to take in response to non-compliance A range of enforcement tools are available to councils to respond to non-compliance with the RMA, plan rules or resource consent conditions. The range of enforcement options allows councils to tailor their response to the nature and severity of offending. Most councils do not always take formal enforcement action in response to an offence being committed under the RMA – the majority of offending is resolved informally, as discussed previously. The RMA provides enforcement tools that are both punitive (formal written warning, infringement notice, prosecution) and directive (letter of direction, abatement notice, enforcement order). Formal written warnings and letters of direction are non-statutory options available to councils to admonish offenders and direct restorative action. A full description of the enforcement mechanisms in the RMA is provided in Table 2. Table 2: Non-statutory and statutory enforcement actions Note: where a breach or contravention of the RMA is referred to in this report, this also includes breaches of derivative regulations, plan rules, resource consents and heritage orders. Enforcement actions Description Maximum penalty available Verbal or written Advice that a breach of the RMA has None direction occurred and that the offending party needs to take, or cease, a particular action. Directions are usually reserved for cooperating parties and where there is a

15 From New Zealand Productivity Commission (2013).

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Enforcement actions Description Maximum penalty available likelihood that the breach will not continue. This is a non-statutory tool and directions are not legally enforceable. Formal warning A formal warning letter informs a None letter person/company that they have breached the RMA. The letter forms part of the formal history of non-compliance, which can be used as evidence in court if a prosecution is later taken. This is a non-statutory tool. Infringement An infringement notice is a written notice Fines currently range between notice and fine that informs a person that an $300 and $1,000, as set out in offence has allegedly been committed Schedule 1 of the Resource against the RMA. No criminal convictions can Management (Infringement be imposed through infringement notices. Offences) Regulations 1999. Infringement notices are only available for certain classes of non-compliance, prescribed in the Resource Management (Infringement Offences) Regulations 1999. Abatement notice An abatement notice is a formal written None direction requiring certain actions to be taken or to cease within a specified time. Generally, abatement notices are used when non-compliance has been detected and the offender needs to ‘avoid, remedy or mitigate’ the damage to the environment.16 Enforcement An enforcement order is an order made by The Environment Court may direct order the Environment Court, which requires the offender to pay costs to ‘avoid, certain actions to be taken or activities to remedy or mitigate’ the damage to cease within a specified time, where the the environment. Environment Court believes the activity breaches or is likely to breach the RMA. An application for an enforcement order can be made by any person to the Environment Court. Interim An interim enforcement order is similar to an The Environment Court may direct enforcement enforcement order and is used in the offender to pay costs to ‘avoid, order circumstances where the need for the order remedy or mitigate’ the damage to is urgent. the environment. Prosecution A prosecution is an action by an enforcement Depending on which section of the agency to refer the offender to the criminal RMA is breached there are varying court. Councils must consider the public levels of maximum fine available to interest and the evidential sufficiency when be imposed by the District Court considering whether to take a prosecution. upon conviction:  The maximum penalty available This process is administered within the 19 criminal jurisdiction and offences carry for RMA offences is a criminal penalties. RMA prosecutions are $300,000 fine for individuals or two years’ imprisonment, and considered in the District Court by District 20 Court Judges who also hold office as an $600,000 for organisations. Environment Judge.17  A maximum fine of $10,000, and a further fine of $1000 for Charges must be filed in the District Court every day during which the within six months “after the time when the offence continues is available contravention giving rise to the document for contravention of section

16 See the Resource Management Act 1991, section 322. 17 See Resource Management Act 1991, section 309(3).

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Enforcement actions Description Maximum penalty available first becomes known, or should have become 338(2) of the RMA (including known.”18 contravention of an abatement notice or excessive noise RMA offences are strict liability offences. This direction). means that it is not necessary for the prosecutor to prove that the defendant  A maximum fine of $1,500 for intended to commit the offence. breaches of section 338(3) of the RMA (including wilful obstruction of an enforcement officer from carrying out his/her duties).

6) Compliance, monitoring and enforcement responsibilities of councils differ Territorial authorities (district and city councils) are responsible for managing:  the effects of use, development or protection of land  the emission of noise  the effects of activities in relation to the surface of water in rivers and lakes.21 This includes natural hazard management, protection of indigenous biodiversity, prevention and mitigation of the adverse effects of development and subdivision, and the use of contaminated land. Regional councils control the:  use of land for the purpose of water quality and quantity management  avoidance of natural hazards  soil conservation and storage  use, disposal and transportation of hazardous substances  activities in the coastal marine area.22 Regional councils’ CME activities concentrate on activities which have or are likely to have significant environment impacts, such as discharges to fresh water and the marine environment, protection of biodiversity, earthworks and discharges into air. Unitary authorities carry out the functions of both regional councils and territorial authorities. All councils are responsible for plan-making, which involves setting rules to determine the status of certain activities and whether resource consent is needed. Where a council has granted a resource consent that is subject to conditions, then the local authority should monitor the activity to ensure that it complies with the relevant conditions (resource consent monitoring). Although not specifically required by the Act, it is good practice for councils to monitor for compliance with plan rules to check the rules are being complied with, and ensure that activities requiring resource consent are consented. Regional councils and unitary authorities have more significant monitoring obligations than territorial authorities. The nature of these councils’ activities means that the majority of resource consents require ongoing monitoring to check compliance (for example, to check

19 Available for breaches of sections 338(1), (1A), or (1B) of the Resource Management Act 1991. 20 Note that prior to the enactment of the Resource Management (Simplifying and Streamlining) Amendment Act 2009, the maximum penalty for breaches of the RMA was a $200,000 fine for both individuals and organisations and up to two years’ imprisonment for individuals. 18 Resource Management Act 1991, section 338(4). 21 Resource Management Act 1991, section 31(1). 22 Resource Management Act 1992, section 30(1).

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compliance with a water take consent). In contrast, the majority of resource consents issued by territorial authorities are only checked once to ensure ongoing compliance (for example, to check compliance with a subdivision consent).

7) In certain circumstances councils must regulate their own RMA activities Councils must regulate their own and other councils’ activities under the RMA, as councils are land owners and resource users in their own right. Internal compliance by councils is important because of the scale and potential effects of their activities on the environment. Councils should also lead by example and hold themselves to the same (or higher) standard than the public in order to be credible as regulators. Internal compliance is particularly important for unitary councils, as there is no other council in their area to monitor compliance and hold them accountable for their decisions.

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Part 3: Compliance and enforcement trends and issues

This section discusses key compliance, monitoring and enforcement (CME) trends and issues, drawing on conversations with councils and stakeholders as well as data from the National Monitoring System (NMS) for the 2014/15 financial year. A full set of this data can be viewed on the Ministry for the Environment website (Ministry for the Environment, 2016). These trends and issues are grouped into two main themes:  The variations in council approaches to CME (part 3.1).  The effectiveness of CME by councils (part 3.2). Due to variations in data collection methods between the RMA Survey of Local Authorities and the NMS, this section avoids drawing conclusions based on temporal data trends.

3.1 Variations in council approaches to compliance, monitoring and enforcement The research found that council CME activities vary significantly throughout the country in terms of the:  level of priority given to and resources available for CME activities  approaches to monitoring  level of coordination of CME activities  enforcement actions used  decision-making processes about enforcement actions.

Variation in council approaches to CME is partly a consequence of:  discretion given to councils in carrying out CME under the RMA  differing responsibilities of regional councils and territorial authorities under the Resource Management Act 1991 (RMA)  lack of national direction, support and guidance provided on CME  varying levels of resourcing of councils, affecting their ability to effectively carry out CME. Variations between councils are not necessarily undesirable. The discretion given to councils to determine approaches to CME allows councils to have greater agility in implementing the RMA, and gives greater ownership of issues and solutions. This flexibility also allows councils to adopt approaches to CME within resource constraints, which vary considerably between councils. However, differing approaches to CME can also lead to lack of public certainty on the rules and policies in place, and equity in how the rules are enforced. When different councils have different rules for the same activity, and different approaches to enforcing these rules, this can lead to confusion as to what the rules are, and resource users and the wider public feeling a sense of injustice. Variations in CME approaches, combined with a low level of monitoring and enforcement, can lead to high levels of non-compliance, which has a negative impact on environmental outcomes.

3.1.1 Priorities and resources Data collected for the 2014/15 financial year through the NMS shows that a total of 374 staff (Full Time Equivalent/FTE) are engaged in RMA CME functions across councils in New Zealand (see Table 3). This is approximately half the number of staff involved in resource consent processing. The total number of CME staff has dropped by 14 per cent from 436.7 FTE in 2012/13, as recorded in the RMA Survey of Local Authorities. In contrast, the total number of resource consent processing staff has grown by 7 per cent, from 704 FTE to 753 FTE.

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Table 3: Numbers of compliance, monitoring, investigation and enforcement staff and resource consent processing staff per council type (2014/15) Unitary Authorities (excluding Territorial Regional Auckland Auckland All authorities councils Council)23 Council24 councils Compliance, monitoring, enforcement and investigations staff (FTE) (total) 99 161 21 93 374 Compliance, monitoring, enforcement and investigations staff (FTE) (average) 1.6 14.6 4.2 93 4.8 Resource consent processing staff (FTE) (total) 340 147 44 222 753 Resource consent processing staff (FTE) (average) 5.6 13.4 8.8 222 9.7

8) The level of resources allocated to compliance monitoring and enforcement varies between councils Given the significance of CME in implementing the RMA and providing for strong environmental outcomes, it is important that CME activities are adequately resourced. However, councils have limited resources and significant responsibilities under several different statutes. Councillors, upon advice from staff, are required to make trade-offs in determining the level of funding to allocate to different activities. As a result of differing levels of funding and priorities, resourcing for CME activities vary considerably between councils. Regional councils and unitary authorities tend to place greater emphasis on CME than territorial authorities, partly because the differences in their core functions mean that more monitoring is required (as explained in 3.2). While some staff spoken to believed CME activities were adequately funded in their council, the majority of council representatives said CME activities should be better resourced. With limited resources, their councils were not able to monitor all the resource consents that require monitoring, and they had limited capacity to proactively monitor for compliance with plan rules (permitted activities). Council staff observed that other activities, such as resource consenting and plan-making, were supported by more significant resources than CME. The NMS data shows that some territorial authorities have very limited resources available for CME activities. For example, two councils included in this study had 0.1 FTE or less available for CME. Staff in territorial authorities (and some smaller regional councils and unitary authorities) are normally required to balance their CME responsibilities alongside a range of responsibilities under the RMA and other legislation. Council representatives explained that with limited resources, it is difficult for council staff to carry out their roles effectively. There are a number of reasons, raised by council staff, for why CME activities may not be a key focus of councils. These include:  lack of resources (operational expenditure) available to the council  lack of political will to effectively implement the RMA and penalise non-compliance  lack of understanding by the councillors (who make decisions on resources available for CME) and council staff of the importance of CME activities

23 Note that the NMS does not make a distinction between staff dedicated to CME with regional functions and territorial authority functions for unitary authorities. 24 See comment above.

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 the stricter statutory requirements placed on other RMA and non-RMA activities and financial and reputational consequences associated with breaches of these requirements, thus resulting in these activities taking priority. A number of stakeholders spoken to expressed concern about the limited resources available for CME in councils. Waikato-Tainui representatives believe CME activities are under- resourced, and think iwi could assist with these activities (see discussion in part 4).

3.1.2 Approaches to monitoring Councils’ monitoring activities generally focus on complaint response and ensuring compliance with resource consent conditions. Plan rule (permitted activity) monitoring is highly variable between councils – some councils do not carry out any monitoring of compliance with plan rules (outside of resource consent monitoring), unless a complaint is made. Council practices around giving prior warning of inspections also vary.

9) Council practices around giving prior warning before inspections vary While some councils have a policy of pre-warning monitoring visits in all but extreme cases (for example, where the property owner or manager cannot be contacted and the risks of environmental damage are imminent and significant), others frequently carry out site visits by ‘cold-calling’. Views on the ethics and effectiveness of cold-calling vary between councils and stakeholders. Some believe this is the only way to get an accurate assessment of compliance or non-compliance, while others believe cold-calling places unnecessary stress on the property owner or manager, and prefer a more ‘cooperative’ approach to assessing and encouraging compliance.

10) Many councils take a risk-based approach to monitoring Most regional councils and unitary authorities spoken to, as well as some territorial authorities, have adopted a risk-based approach to monitoring. These councils assess incidences of non-compliance/possible non-compliance according to their risk, taking into account the likelihood of an event occurring and the risk of harm to human health and the environment. These two factors form a ‘risk matrix’, shown in Figure 2. The level of risk determines the appropriate response, including the frequency, type and scale of monitoring required. Figure 2: Environmental Risk Matrix25

25 Compliance and Enforcement Special Interest Group, unpublished.

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Bay of Plenty Regional Council uses a risk-based approach to monitoring, which is explained below.

CASE STUDY: BAY OF PLENTY REGIONAL COUNCIL

The Bay of Plenty Regional Council, in its Pollution Prevention and Compliance Report 2014–2015,26 states that 40 per cent of the 5,481 resource consents requiring monitoring were monitored that year, either through site visits or off-site assessments. The Council’s approach to monitoring is explained in the report: How often an activity is assessed depends on its environmental risk profile and the consent holder’s compliance history. Environmental risk is determined by a number of factors, including the type of activity being undertaken (eg, large scale pulp and paper processing site compared to a lake structure), the sensitivity of the receiving environment (eg, discharge of a process wastewater to a waterway, compared to a storm-water discharge to land soakage) and site specific risks (eg, a dairy farm with effluent storage near a water way compared to one with no surface water near the storage ponds).

The risk-based approach to monitoring has been endorsed in Cabinet’s Initial Expectations for Regulatory Stewardship27 and by the Productivity Commission in their 2014 report on Regulatory Institutions and Practices28 as an effective way of targeting certain incidences of non-compliance. The risk-based approach is effective in that it allows for incidences of non- compliance (or suspected non-compliance) to be assessed on a case-by-case basis and resolved efficiently. However, it is important that councils also consider the cumulative effects of non-compliance.

Complaint response

11) A significant number of complaints for non-compliance with the RMA are received by councils The NMS shows that councils received a total of 169,518 RMA complaints in the 2014/15 financial year (see Table 4). The majority of these (83 per cent) were noise complaints. Regional councils received the majority (56 per cent) of all non-noise-related RMA complaints. Territorial authorities received only 13.7 per cent of all non-noise-related RMA complaints. Note that not all complaints amount to breaches of the RMA or plan rules. Table 4: Noise and other RMA complaints by council type Unitary councils Territorial Regional (excl Auckland Auckland authorities councils Council) Council All councils Noise complaints (total) 82,191 1,33229 4,773 52,431 140,727 Noise complaints (average) 1347.4 121.1 974.6 52,431 1804.2 Other RMA complaints (total) 3,937 16,135 3,144 5,575 28,791 Other RMA complaints (average) 64.5 1466.8 628.8 5,575 369.1

26 Bay of Plenty Regional Council, 2015. 27 CAB Min (13) 6/2B 28 New Zealand Productivity Commission, 2014. 29 The West Coast Regional Council received all 1332 noise complaints, according to NMS data.

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The types of non-noise complaints received vary between councils, depending on the types of issues that are prevalent in their areas. The majority of councils keep a register of complaints. Complaints common across most councils spoken to include:  discharges of contaminants (such as dairy effluent or chemicals) into water  discharges into air (such as from ‘burn-offs’ or smoky chimneys)  indigenous vegetation clearance  odour complaints  industrial processing complaints. All councils have procedures set up to receive complaints from the public. Some councils have 24-hour hotlines in place. Not all complaints require an investigation – some alleged breaches of the RMA or plan rules may be assessed without an inspection. The majority of councils have adopted a risk-based approach to complaints response (explained above) and respond to complaints depending on their risk and priority. Most councils stated that they respond to most complaints within two to three days. Some councils reported, however, that due to a lack of resources and staff capacity, there is a backlog of complaints that had not been investigated. One regional council asks complainants to assist with its CME activities by sending in photographs of the alleged breach, if it is appropriate and safe to do so. Given the large area of the region and limited capacity of council staff, this council is largely reliant on the cooperation of the community to support its CME activities. Using the photos provided, the council carries out a ‘desktop assessment’ to determine whether an investigation is required. In cases where the council is satisfied that a breach has occurred, in most cases the council contacts the alleged offender and asks them to remedy the breach without carrying out a site visit. Where the alleged breach is significant, the council will carry out a site visit.

Resource consent monitoring

12) Councils have a significant number of resource consents to monitor The NMS records the number of resource consents that councils have determined require monitoring, and the actual number of consents that were monitored for the 2014/15 financial year (see Table 4 below). Table 4: Resource consents requiring monitoring by council type (source: NMS 2014/15 data)

Unitary Territorial Regional Authorities (excl Auckland Authorities Councils Auckland Council) Council All councils

Resource consents requiring monitoring (total) 20,840 47,535 10,577 17,806 96,758 Resource consents requiring monitoring (average per council type) 341.6 4321.4 2115.4 17,806 1240.5

Resource consents monitored (total) 14,634 23,435 5,749 14,428 58,246

Resource consents monitored (average per council type) 239.9 2130.5 1149.8 14,428 746.7

The NMS data shows that councils actually monitor an average of 60 per cent of all resource consents that require monitoring. The rate of consents monitored to consents requiring monitoring varies significantly between councils.30 Note that some councils did not correctly

30 See the full NMS results for information on specific councils– Ministry for the Environment, 2016.

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identify and record some resource consents as requiring monitoring, but subsequently monitored these. Councils have discretion to determine what resource consents to monitor and how often. Although most resource consents require monitoring, due to limited resources available for CME and a significant number of resource consents to monitor, some councils need to prioritise which resource consents to monitor. Environment Canterbury, for example, has taken a targeted approach to monitoring resource consents, explained below. CASE STUDY: ENVIRONMENT CANTERBURY’S APPROACH TO RESOURCE CONSENT MONITORING31

Environment Canterbury Regional Council has recently altered its approach to monitoring to target high-risk resource consents that, if breached, could have significant environmental impacts. This is explained in the 2014/15 Compliance Monitoring Annual Report: There are nearly 24,000 resource consents in Canterbury. This number has remained reasonably constant over the last eight years. With this many consents, we need to be very clear about our priorities. Most consents do not require monitoring every year; however, higher risk consents could require several monitoring events a year. Consents are scored according to the scale of the activity, environmental effect, mechanism of damage, compliance history and the quality of management. In the year to 30 June 2015 we monitored 3,990 consents (16%) and undertook 6,890 monitoring events. As part of a more focused approach, we concentrated on consent holders with a history of non-compliance as well as those activities that could have a greater impact on the environment (high-risk sites). This resulted in fewer consents monitored than last year (24% of consents were monitored in 2013–14), a reflection of a more targeted response. There has also been an increase in the number of larger, more complex consents which now include nutrient management provisions.

Federated Farmers believe that for some councils, too many activities require resource consent when the activities should be permitted. Having a large number of resource consents to monitor carries the risk of councils “losing sight of the goal”, as compliance with rules becomes the focus of monitoring, rather than providing for good environmental outcomes. A number of territorial authorities check resource consent condition compliance related to new physical developments, and once compliance with the consent conditions is established, do not carry out further monitoring. A number of stakeholders are concerned that not all resource consents requiring monitoring are monitored by councils, particularly territorial authorities. Waikato-Tainui and the Environmental Defence Society questioned the point of having conditions on resource consents if these are not being monitored.

Plan rule (permitted activity) monitoring It is good practice for councils to proactively monitor for compliance with plan rules to ensure the conditions associated with permitted activities are being complied with. Councils can include procedures for monitoring the effectiveness of the rules and other methods in their regional and district plans.

31 Environment Canterbury, 2015, 2016.

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All regional council and unitary authorities spoken to carry out some (albeit limited) permitted activity monitoring. For example, most councils monitor dairy farming (although the frequency of monitoring visits varies between councils), due to the significant risks of environmental contamination from effluent and nutrient run-off. Some councils carry out monitoring of forestry sector compliance during specific high-risk periods, such as during forest harvesting. Other councils rely on complaints to detect non-compliance in the forestry sector. Territorial authority representatives said their councils carry out very little or no permitted activity monitoring. One council representative commented that permitted activity monitoring was limited in his area due to the lack of ability of the council to charge for this type of monitoring. While the costs of consent monitoring are covered by the consent holder, no cost recovery mechanisms are provided for plan rule monitoring.

3.1.3 Coordination of compliance, monitoring and enforcement activities

13) Staff in territorial authorities are not well-connected to national or regional networks Regional and unitary councils have developed a network to support each other in carrying out CME. The Compliance and Enforcement Special Interest Group (CESIG), made up of compliance managers from regional councils and unitary authorities, provides a forum for information sharing and discussion of common issues. CESIG is working to improve consistency in approaches to CME. The group has developed the Regional Sector Strategic Compliance Framework 2016–18 to improve consistency between councils in approaches to CME. The purpose of the CESIG framework is to: Assist councils in using a consistent approach to developing strategic compliance programmes and a range of interventions to fix important problems. The Framework has been agreed by CESIG members, and members are in the process of getting support for implementation from their councils. CESIG intends to use the Framework to carry out audits of councils’ CME approaches, and make recommendations on how councils can carry out CME more effectively. Territorial authorities, however, are generally not well connected to each other or to regional councils. No similar national cooperation forum exists for territorial councils. A number of territorial authority staff stated they felt they lacked support for carrying out CME. Councils in some regions, such as the Waikato, have an informal arrangement where enforcement staff from regional councils and territorial authorities meet regularly to discuss issues. The majority of territorial authorities, however, are not linked into such networks. The national Environmental Compliance Conference is held annually, which is attended primarily by council CME staff (as well as stakeholders and other organisations). This conference is open to all local government compliance staff, though it tends to be attended primarily by regional council and unitary authority staff. This provides good networking opportunities and the ability to share resources. One regional council provides technical and process advice to territorial authorities on aspects of compliance and enforcement work at an informal level. The staff member spoken to was concerned that smaller territorial councils were not well set up for CME work, as staff did not have appropriate warrants and evidence-recording procedures. Another regional council manager expected that territorial councils would seek help from his council if these were contemplating prosecutions, but there was no formal expertise-sharing arrangement. The Society of Local Government Managers’ list serve is a well-used discussion forum through which staff groups across the local government sector request support and information by email, and is used by some councils when questions around CME arise.

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3.1.4 Non-compliance responses

14) Use of enforcement actions vary across the country Table 5 shows the considerable variation in both the number and type of enforcement actions used by councils. While these differences can be explained in part by differing local activities and the rates of non-compliance in various districts and regions, a significant factor is how individual councils apply the various enforcement actions available. Table 5: Number of formal enforcement actions by council type (source: NMS 2014/15 data) Unitary authorities (excl Territorial Regional Auckland Auckland authorities councils Council) Council32 All councils Infringement notices (total) 344 570 61 438 1,413 Infringement notices (average) 5.6 51.8 12.2 438 18.1 Abatement notices (total) 399 733 96 697 1,925 Abatement notices (average) 6.5 66.6 19.2 697 24.7 Enforcement order applications 8 11 0 1 20 (including interim) (total) Enforcement order applications 0.1 1 0 1 0.26 (including interim) (average) Prosecutions initiated (total) 31 48 12 6 97 Prosecutions initiated 0.5 4.4 2.4 6 1.2 (average) Total 782 1,362 169 1,143 3,456

The majority (77.4 per cent) of all formal enforcement actions are taken by regional councils and unitary authorities (including Auckland Council). Territorial authorities take comparatively fewer enforcement actions. Territorial authority staff spoken to explained that they prefer to resolve non-compliance through ‘softer’ methods, such as explaining how the landowner can remedy the breach, rather than using formal enforcement actions. The reasons for low numbers of enforcement actions taken by councils (as explained by council staff) include:  the council’s (either the staff or councillors, or both) focus on ‘community service’ and reluctance to take a more heavy-handed approach  a lack of understanding of the enforcement tools and how they should be used  a lack of experienced staff or legal expertise, or both, available to apply for more complicated enforcement actions – enforcement orders and prosecutions  a lack of evidence and uncertainty about the risk of being unsuccessful (for prosecutions)  a lack of resources to take enforcement orders or prosecutions (the costs incurred by councils as a result of taking a prosecution are significant – see discussion below).

Prosecutions Prosecutions make up only a small proportion (around three per cent) of all abatement notices, infringement notices, enforcement orders and prosecutions. Regional councils and unitary authorities take more prosecutions than territorial authorities, largely due to the

32 Note that the vast majority (89 per cent) of all enforcement actions taken by Auckland Council were for breaches of section 9 of the RMA – restrictions on use of land.

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significant costs involved and the ability of the council to afford these. In the 2014/15 financial year, only 31 prosecutions were initiated by 62 territorial authorities. Some councils take prosecutions only in the most serious cases of offending, resulting in few prosecutions being taken by these councils. This may explain, in part, the low number of prosecutions taken by territorial authorities. Other councils use prosecutions more readily, however, to penalise and deter offending. These councils (which are primarily regional councils and unitary authorities) file charges against an offender where it is considered necessary, taking into account:33  the actual or potential adverse environmental effects  the value or sensitivity of the receiving environment  the toxicity of the discharge  whether there was any profit or benefit gained by the alleged offender(s)  whether the incident was a repeat non-compliance.

15) Cost of prosecutions The costs incurred by councils from taking prosecutions are significant Currently councils are responsible for funding the costs of prosecution, which can be considerable. For example, a simple legal opinion prior to filing charging documents may cost around $3000–$5000. A case involving an early guilty plea by a single defendant facing a single charge may be resolved with legal expenses to council of less than $10,000. If charges are defended and the matter is particularly complex, however, then legal expenses can easily run to six figures. Any fine imposed by the court is not paid directly to the prosecuting council. The Ministry of Justice is responsible for recovering the fine and forwarding it on to the council. Fines owing to council following RMA cases are only one of many fines that the Ministry of Justice is required to recover and some fine recovery takes many years. There are a number of substantial RMA fines that have never been recovered by the Ministry of Justice and the fines have been ‘remitted’, often due to a company going into liquidation or receivership, or the offender absconding. Councils generally do not recover the full costs of taking a prosecution, as the fines awarded by the District Court (of which 90 per cent is generally ordered to be paid to councils) is normally less than the costs of an investigation and subsequent prosecution. In the decision of Bay of Plenty Regional Council v Mobil Oil New Zealand Ltd,34 where the company was prosecuted for an oil spill into the Tauranga Harbour, the District Court recognised the difficulty placed on councils in taking prosecutions. While the company was fined $288,000, the council incurred over $350,000 in prosecution costs. The court stated that: There may need to be some review of the legislation in due course to take into account that these costs are otherwise borne by the rate payers through no cause of their own. Most councils have caps on their enforcement budgets, which means they have to choose which prosecutions they take. Other councils take a more principled approach, taking the prosecution if it is warranted, regardless of potential costs to council or (partial) cost recovery through fines. In many cases there are benefits from the prosecution process beyond the community that the council is responsible for, for example, when the prosecuted party is operating in more than one jurisdiction, or where the breach affects parties beyond the council’s immediate community. Deterrent effects of a prosecution can also spread more widely than the council’s immediate sphere of influence.

33 List adapted from the Solicitor-General’s Prosecution Guidelines (Crown Law, 2013). 34 Bay of Plenty Regional Council v Mobil Oil New Zealand Ltd [2016] NZDC 8903.

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A number of councils stated that they use restorative justice as an alternative to a full court hearing and court-imposed penalty. Restorative justice involves community-based processes which offer a way of dealing with offenders and victims of crime through facilitated meetings. The process normally leads to councils recovering costs in full and ensures the offender carries out the necessary remediation works at their own cost.

3.1.5 Decision-making processes about enforcement actions

16) Decision-making processes on enforcement decision vary between councils There are significant variations in council decision-making about enforcement actions. For most councils, delegation for decision-making on enforcement actions either sits with frontline compliance staff or frontline staff make recommendations to more senior staff or a panel of senior staff, who make the final decision based upon agreed council policy. Some councils have mechanisms set up for an independent legal (either in-house or external) review of decisions to issue/apply for abatement notices, infringement notices, enforcement actions and prosecutions. For some territorial authorities, however, decisions about whether to take an enforcement action are made by councillors, despite the existence of guidelines condemning such practice (explained below). While it is appropriate for councillors to be involved in decision-making about compliance policy or operation expenditure for CME activities, involvement in day-today decisions on enforcement actions carries significant risk of the perception of politicised compliance or decisions being skewed in favour of certain groups/individuals.

The need for independence decision-making on enforcement actions The 2013 Solicitor General Prosecution Guidelines stress the need for independence in taking prosecutions:35 In practice in New Zealand, the independence of the prosecutor refers to freedom from undue or improper pressure from any source, political or otherwise. All government agencies should ensure the necessary processes are in place to protect the independence of the initial prosecution decision. In an earlier report36 on freshwater management, the Auditor-General also recommended councils review their delegations and procedures for prosecuting to ensure that any decision about prosecution is free from actual or perceived political bias. Not all councils have amended their procedures to be consistent with these directions.

17) There is political influence in the enforcement processes in some councils The importance of independence of political influence in day-to-day CME activities was recognised by most council representatives spoken to. Despite this, political involvement seems to be an issue for some councils. While most regional councils and unitary authorities appear to have good written policies and processes that are free of political input, the procedures in some councils (particularly territorial authorities) have not been amended in accordance with the Auditor-General’s recommendations.

35 Crown Law, 2013. 36 Controller and Auditor-General, 2011.

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A number of council representatives gave examples of what they saw to be incidences of political interference with enforcement decision-making. For several council staff members spoken to, incidences of councillors placing pressure on enforcement staff when deciding how to respond to non-compliance were common. Some councils reported incidences of direct involvement of councillors in investigations and enforcement decisions. For example, in one council, decisions on enforcement actions are made by councillors themselves, on advice from enforcement staff. These councils explained that the councillors were involved in decision- making due the significant costs involved with prosecuting. Many staff commented that councillors were often reluctant to take prosecutions due to the costs involved and a reluctance to prosecute their constituents. In one regional council, councillors have significantly influenced the council’s CME procedures. In this council, some councillors have stated that they stood for council to amend the council’s enforcement practices upon election/re-election. As a result of the political pressure, inspection practices in this council have changed – the council is no longer able to use certain modes of monitoring and the staff are required to give prior warning before inspecting sites. Unannounced inspection visits are now only authorised under specific circumstances, such as when there have been complaints about a specific property, contact information is unknown, or access cannot be reasonably negotiated with the farmer. Staff at this council stated that data on incidences of non-compliance can no longer be confidently confirmed as accurate as a result of the change in approach to monitoring, and have the potential to mislead the community. One council has taken formal steps to ensure that there is no direct political influence over operational compliance issues. Compliance staff communicate with councillors on CME through an intermediary, and staff are not permitted to talk directly to councillors. This reduces the risk of direct political influence. The Environmental Defence Society expressed concern about the level of councillor involvement in enforcement approaches and decision-making. The Society states that dominant interests often influence focus areas for council CME functions. They believe that this is inappropriate. A number of councils reported that they will inform councillors about proposed decisions to prosecute as a form of courtesy. The councillors will ask questions about the decisions, but not directly influence this decision.

18) Close community links affect the independence of enforcement officers in small councils CME staff in small councils (most of which are territorial authorities) are normally closely connected to their communities and often know the people responsible for RMA non- compliance. This affects the independence of council staff as there may be pressure to take a more informal approach to CME and give more favourable treatment to familiar people. One representative said: “you will run into people who are breaking rules in the supermarket, pub, or sportsfield and you are aware of your community relations with them.” One territorial authority representative stated that her council’s key priority was supporting the community. If non-compliance is detected, this council works with the community to resolve issues. The staff member spoken to thought that this is the most effective way of achieving compliance. This council has never issued infringement notices, or taken a prosecution. Another council representative said that enforcement doesn’t sit well with councillors and their aspirations to have a helpful, positive council culture. Some councillors don’t seem to understand the importance of CME activities in ensuring that policies and rules are being adhered to. This can result in councillors giving insufficient funding to CME activities. There can be tension between wider compliance (eg, through education and advocacy activities) and enforcement roles. Many council representatives agreed that both roles are necessary, but the emphasis of approaches varies across the country and some council staff believed that it is difficult for the same staff members to carry out both roles.

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However, other councils said that community relations do not affect the approach of enforcement officers, and council staff understand the importance of acting independently. One territorial authority representative stated “many of our compliance staff are former Police officers, and they know how to separate the personal from the professional in their work.” Another council emphasised the importance of ‘depersonalising’ compliance approaches, for example by emphasising that the council is taking an enforcement action, not the particular enforcement officer. Subtle changes in language as well as training can help to achieve this purpose.

19) Councils should hold themselves to the same standard as the public Councils are often criticised in the media for failure to take an enforcement action against themselves, or other councils, in response to non-compliance.37 For example, Horizons and Greater Wellington Regional Councils at various times have come under media and political pressure as a result of compliance of wastewater plants in their regions. Most council staff stated they are prepared to hold themselves or other councils accountable for non-compliance. Several examples of council responses to their own non-compliance were provided. One council issued an infringement notice to a council contractor for non-compliance in respect of earthworks. A staff member from another council explained that council works and asset management departments historically may have got away with RMA breaches, but emphasised that expectations have changed and requirements to comply are now clearer. However, stakeholders expressed concerns that often the council may not hold themselves accountable for non-compliance to the same standard as the public. Federated Farmers emphasised the importance of councils taking enforcement actions in response to their own or other councils’ non-compliance as failure to do so creates an “uneven playing field” between councils and other resource users.

3.2 Effectiveness of council compliance, monitoring and enforcement The purpose of CME activities, as stated in Part 1, is to achieve the purpose of the RMA – sustainable management of natural and physical resources. The effectiveness of CME depends on the extent to which the purpose of the legislation is met. The effectiveness of CME is very difficult to measure due to:  the lack of baseline data (for example, only 22 out of 78 councils monitor the state of the environment, according to NMS data)  the lack of data on overall rates of non-compliance, and temporal trends in non- compliance  difficulties in measuring the overall effect of non-compliance incidents on environmental outcomes  environmental lag times, which mean that the impact of activities on the environment cannot be measured immediately. The NMS collects data on rates of non-compliance detected through resource consent monitoring. The 2014/15 data shows that of the 60 per cent of resource consents requiring monitoring that were monitored, 21 per cent were determined to be non-compliant. However, the rate of non-compliance with resource consents only gives an indication on rates of non- compliance overall. This figure does not take into account non-compliance detected outside of resource consent monitoring (through permitted activity monitoring, for example). Further, the interpretation of ‘non-compliance’ varies from council to council.

37 See for example Stuff.co.nz, 2016b.

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20) Some council representatives believe compliance is improving in their areas When asked about the effectiveness of CME activities, around half of the councils spoken to stated that they believed compliance was improving in their areas. The reasons cited for this were:  a stronger focus by councils on ‘softer’ measures for achieving compliance, such as education, advocacy and on-site support  increased support for compliance by some industries (see the case study below on compliance in the dairy sector, for example)  compliance promotion initiatives by council and communities (see the case study below on the Taranaki Riparian Management Programme, for example). Other councils spoken were unsure as to whether compliance was improving, primarily due to lack of monitoring and data on rates of non-compliance. Two councils spoken to suspected compliance may be decreasing, due to significant development in the area and lack of staff capacity to carry out CME. A number of councils spoken to explained that they have changed their approach to CME in recent years, by focussing more on compliance promotion, such as education and environmental enhancement programmes. Those councils stated that the ‘stick’ provided by enforcement actions is necessary as a deterrent, but they believed that often ‘softer’, non- regulatory measures are more effective in achieving compliance. An example of effective use of non-regulatory measures to improve compliance is shown below, in the case study on the Taranaki Riparian Planting Programme.

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CASE STUDY: IMPROVEMENTS IN DAIRY FARM COMPLIANCE

Rates of non-compliance in the dairy industry have decreased in recent years, due to increased industry support, increased farmer awareness of RMA responsibilities, and considerable farmer investment in effluent management infrastructure. DairyNZ explained that significant non- compliance had progressively decreased from around 11 per cent in 2010/11 to 5.8 per cent in 2014/15. However, DairyNZ and councils commented that there is still significant work to be done to improve compliance in the sector. The Sustainable Dairying: Water Accord was established in 2013,38 to improve the management of risks to waterways posed by dairying. It established national good management practice benchmarks, and set a target for all stock to be excluded from waterways (through fencing or other means) by 2017. Ninety-six per cent of the waterways on New Zealand dairy farms are now excluded from dairy cattle (DairyNZ, 2016). Farmers have invested heavily in effluent infrastructure. A 2015 nationwide survey of dairy farmers by Federated Farmers and DairyNZ found that the collective expenditure on environmental initiatives by dairy farmers was more than one billion dollars over the last five years (Dairy NZ, 2016). Dairy NZ have also established a ‘warrant of fitness’ programme to check farmers’ effluent management systems are compliant with the RMA. In 2007, DairyNZ, unitary authorities and regional councils agreed on consistent criteria for defining significant non-compliance in dealing with dairy effluent. Councils have initiated regular peer audits to determine whether they are assigning compliance ratings consistent with the criteria. Despite the existence of the criteria, there is still considerable variation in council monitoring of the dairy industry, as explained by DairyNZ. For example, some councils visit all dairy farms at least once a year, while others determine visit frequency depending on the risk of non-compliance of a particular farm (referring to a farm’s record of non-compliance). Approaches to prior notification of inspections also vary.

38 Established by the Dairy Environment Leadership Group, a group made up of farmers, dairy companies, local and central government and the Federation of Māori Authorities.

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CASE STUDY: TARANAKI RIPARIAN PLANTING PROGRAMME The Taranaki Regional Council is working with land owners and resource users to ensure Taranaki stream are protected by riparian fencing and planting in Taranaki.39 The Programme is voluntary – the Council encourages land owners to participate through preparing property-specific riparian plans, providing access to low-cost riparian plants, and providing ongoing advice and assistance. The Programme has progressed to a stage where, for many land owners, the cost of establishing and maintaining their riparian zone is a normal part of the farm budgeting, alongside other essential costs. Council also provide financial support for the Programme (around $1 million of rates each year) in recognition of the wider public benefits derived from efforts to maintain or improve the region’s water quality. Since the beginning of the Programme in the mid-1990s, the Council has prepared more than 2360 riparian plans for farmers, covering the region’s most intensively farmed land. The Council’s latest state of the environment report (2015) shows that freshwater quality has improved at most of the monitored sites since the mid-1990s.

21) Approaches to compliance monitoring and enforcement are often not transparent There is limited publicly available information on councils’ CME activities.40 Most councils do not publish CME strategies, information on CME priorities or objectives, or CME reports. There is no specific requirement in the RMA for councils to report on CME, however section 35 of the RMA for councils to make information on the monitoring of the “efficiency and effectiveness” of policies, rules and plans (which CME activities is part of) publicly available. Some councils, such as Tasman District Council,41 have published CME strategies and guidelines on their websites. These strategies provide information to the community about how councils approach CME activities, including when a council may investigate a site, what circumstances justify an enforcement action and when a prosecution may be taken. Such a document gives greater certainty to the public on how a council is likely to respond to non-compliance. It may also help the public to better understand what they can do to comply. Some regional councils and unitary authorities publish regular CME reports that give an overview of, for example, approaches to monitoring, how many enforcement actions have been taken, and common non-compliant activities.42 These documents allow the public to scrutinise council approaches to CME, enabling greater transparency and accountability of council activities. In most councils included in this study, council staff provide regular updates to councillors on CME activities, and this information is made publicly available. The NMS provides publicly available data on CME. The NMS collects data annually on:  Numbers of enforcement actions taking by councils for RMA breaches

39 Taranaki Regional Council, 2016. 40 Very limited information on CME activities (including budget allocated to these activities) is provided through annual plans and reports, and long term plans. 41 Tasman District Council, 2011. 42 For example, Environment Canterbury, 2015.

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 Levels of monitoring of resource consents, and non-compliance with resource consents  Levels of CME staff However, improvements need to be made to the NMS for the Ministry to be able to better assess council CME performance.

22) It is important that plan rules and resource consent conditions can be monitored and enforced To achieve the purpose of the RMA, it is essential that any rules and conditions in plans and resource consents are clear, measurable and enforceable. Councils and stakeholders expressed concerns about plan rules and resource consent conditions that were difficult to measure and enforce. Forest and Bird were also concerned about the difficulties of ensuring compliance with plans, when the rules are highly complex and difficult to understand. Most council staff spoken to recognised the relevance of feedback from CME into RMA policy and plan development, and reviews of policies and plans. Staff stated that feedback from CME staff is being used by consenting staff so that relevant and workable conditions are being included in consents. In some councils, resource consent processing staff and CME staff often work in the same section or department, and council representatives say there are good informal and formal links between the consenting and compliance activities. Information sharing between resource consent, planning and CME teams appears to be stronger in smaller councils than larger ones, primarily due to the physical separation of staff into different departments in larger councils. In smaller councils, all three functions are sometimes performed by the same team or staff members, resulting in strong communication. DairyNZ, however, expressed concerns about silo issues. Their spokesperson is concerned about the operation of internal council feedback loops and that compliance, consenting and plan-making staff often do not appear to communicate effectively with each other. Council representatives also stated that a lack of plan agility meant that some rules in plans cannot easily be amended upon the advice of CME staff. Plan reviews often take a long time, and sub-optimal rules may remain in district and regional plans for a long time depending on review programmes and priorities. Regional councils and unitary authorities are undergoing voluntary audits of their compliance monitoring and enforcement practice The CESIG network recently agreed to carry out audits of other councils’ CME activities, to identify opportunities for strengthening practice at a national level. These audits would be initiated voluntarily, on the part of the council being audited, and carried out by council staff in the CESIG network (from regional and unitary councils). It is anticipated that all regional and unitary councils will take advantage of this review opportunity over the next three years. This idea of auditing council CME practices was sparked by an independent review in 2015 of the Waikato Regional Council’s enforcement practices. The review panel concluded the Council’s practices are “appropriate, robust, lawful and up to date”, and made a number of recommendations for technical amendments to be made to the Council’s CME practice. The council staff involved in this investigation agreed that the process was helpful, and they have now implemented all of the panel’s recommendations. This process has been seen as a helpful benchmark for others to gauge their practices on.

30 Compliance, monitoring and enforcement by local authorities under the Resource Management Act 1991 118 Consents and Regulatory Committee Tuesday 22 November 2016 - Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

Part 4: Looking forward – opportunities for improvement

This section outlines opportunities for improvement to CME, as suggested by councils and stakeholders.

4.1 Coordination of compliance activities

23) Councils and stakeholders recognised the potential for greater coordination of compliance monitoring and enforcement While some council staff supported the idea of having a national network of CME staff that meets annually or biannually, a number of staff rejected this idea as being impractical. Staff in small territorial authorities often balance a number of different roles, and may not have time available for networking meetings. An alternative suggested by a number of council staff is regional CME networks, in which experiences and information could be shared between territorial authorities and regional councils. This type of arrangement exists informally in a number of regions, such as Waikato. A regional grouping would also provide opportunities for councils to share staff with particular specialist skills, including preparing prosecutions. Representatives of such groups could also co-ordinate activities at a national level.

4.2 Community and iwi involvement Iwi representatives signalled an interest in being more involved with compliance monitoring and enforcement Waikato-Tainui, Ngati Raukawa and Ngati Maniapoto have Joint Management Agreements (JMAs) with the regional and territorial authorities in their rohe, which require the councils to meet with them on a regular basis and discuss CME. All three iwi authorities stated they are keen to become more directly involved in CME. They said iwi, with knowledge of local areas developed over many years, are invaluable in the RMA context. Raukawa explained that they don’t want the iwi to carry out CME work themselves, but they would like to see matauranga Māori techniques used for monitoring. Waikato-Tainui would like communities to be more involved in monitoring and suggested that councils use section 33 of the RMA to delegate some CME functions to iwi. No council has done this yet, but Waikato-Tainui believe such a delegation would empower local people to monitor in their communities. Federated Farmers disagrees with this suggestion. They believe it is inappropriate for councils to delegate CME functions to community or iwi groups. In their view, the opportunity for community and iwi interests is best taken into account during plan- making.

4.3 Role of central government

National direction and guidance

24) Some councils and stakeholders expressed support for national direction National direction could focus on CME generally, or be focused on activities such as quarrying, stock access to waterways and gravel extraction. Others did not believe there was a need for increased central government direction. One council rejected the idea of an NES/NPS on CME or specific activities, due to possible

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inflexibilities of such policies/standards and adapting them to local circumstances. A territorial authority staff member said a ‘one size fit all’ approach to CME will not work. A number of council staff and stakeholders expressed support for national guidance or best practice to be developed. In lieu of a national guidance document, some councils use the Waikato Regional Council (2016) guidance manual on Basic Investigative Skills for Local Government.43 Others refer to the Quality Planning website for guidance on CME.44 This guidance has not been updated since 2013, however, and contains some gaps.45

National enforcement agency There were mixed views on the efficacy of a national enforcement agency The potential for council RMA enforcement functions to be transferred to a national agency (such as the Environment Protection Authority, Ministry for the Environment, or another new agency) was raised by stakeholders and council representatives. Enforcement work is carried out by a central government agency in a number of other countries, such as the United Kingdom46 and Sweden. Support was expressed for such an approach by a number of council staff and stakeholders. For example, Waikato-Tainui believes a national agency would take away the political element from enforcement decisions, insuring greater independence and consistency in decision-making across the country. Others were sceptical about the effectiveness of such a model. Some council representatives thought that staff in a national enforcement agency would lack local knowledge and an understanding of local context. Others were concerned about the costs of such a model, and raised questions around how it could be funded. The Productivity Commission stated that a clear case to justify shifting monitoring functions to a central agency would be required, and the Commission is not convinced there is sufficient evidence to support this. The Environmental Defence Society acknowledged that a national agency could provide greater consistency in decision-making about enforcement, but noted there was a balance that needed to be struck as some aspects of compliance (proactive education) may be best delivered locally.

Training, funding and support Councils and stakeholders identified opportunities for greater training, funding and support An alternative to a national enforcement agency, suggested by one council representative, is a national support unit that provides guidance to councils on CME. A national support unit could be operated by experienced CME staff who are able to give targeted guidance to CME staff about appropriate courses of action in certain circumstances via phone, or site visit, where necessary. These staff could also provide a national training programme for CME staff. There are a number of models which could be drawn upon, such as the programmes for training of Department of Conservation and Fish & Game rangers. Another council representative disagreed with this approach, however, as it would be difficult to find people with appropriate experience and knowledge of local circumstances. One council suggested the Ministry for the Environment organise forums on CME to help raise skills, increase national consistency, and to assist with removing political elements from CME work. The Environmental Defence Society suggested the Ministry or another organisation provide training for all new CME staff in councils. This could help these staff to be successful in

43 Waikato Regional Council, 2016. 44 www.qualityplanning.org.nz 45 For example, it does not reflect the Solicitor-General’s recommendations about enforcement actions and removing political involvement from decision-making. 46 In respect of environmental CME activities only; councils in the UK are responsible for CME activities relating to planning.

32 Compliance, monitoring and enforcement by local authorities under the Resource Management Act 1991 120 Consents and Regulatory Committee Tuesday 22 November 2016 - Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

this area of work, which is highly specialised, with complex processes requiring accurate and precise approaches. Specific New Zealand Qualifications Authority compliance training modules are currently being developed by the Ministry of Business, Innovation and Employment, with support from other central government agencies and local government. The standards will help to lift the capability of staff working in CME, and increase the status with which the work is regarded. A challenge will be finding a provider and assessor to support the qualifications. A CME training course is currently provided on an ad hoc and voluntary basis by the Waikato Regional Council. This course is designed for frontline CME staff, and gives an overview of investigation best practice, exhibit handling, witness interviews and statements and use of enforcement options. Council staff suggested this programme could be better supported or funded by central government. Forest and Bird emphasised the need for greater national funding and support for councils to undertake CME functions, considering the national benefits of this work. Funding and support could be targeted at matters such as biodiversity and water quality, where the benefits of CME activities spread beyond the immediate local communities. Council representatives also suggested a national fund be set up for councils to take prosecutions, where the circumstances justify a prosecution47 and the council would otherwise struggle to afford it. Federated Farmers do not believe there is a need for national funding – the requirement on councils to use their own funds ensures the money is used efficiently and effectively.

4.4 Consequences of non-compliance

Enforcement options Councils and stakeholders suggested some changes to enforcement options Council representatives and stakeholders spoken to were generally satisfied with the range of enforcement tools available. However, some changes were suggested. Infringement fines are seen as effective and efficient instruments. These fines can help to deter non-compliance and penalise offending without the need for the council to apply to a court or other body for approval. However, a number of councils and stakeholders believe the maximum level of infringement fines ($1000) is too low. There is currently a significant difference in the maximum fines available through infringement notices and prosecutions. Some suggested the fines available through infringement notices should be greater for companies – this would be consistent with the penalties available through prosecutions and would provide a more effective deterrent for companies. The Productivity Commission noted in its 2013 report that the “low level of fines that have not been reviewed for many years, are reducing the effectiveness of enforcement strategies”.48 The level of infringement fines have not been reviewed since 1999. Federated Farmers expressed concern that RMA offences are strict liability offences, and that a low threshold is required in order for an offence that is subject to the prosecutions regime to be committed. RMA offences are classified as Category 3 criminal offences which are ranked alongside other very serious offences. They have suggested that a civil penalties regime be introduced, which could be administered by local authorities, with the criminal prosecutions regime changed to require intent to be demonstrated before a criminal offence is committed, and prosecutions being able to be brought only by an independent authority, such as the Police or the EPA.

47 Refer to Crown Law, 2013. 48 New Zealand Productivity Commission, 2013

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Insurance against RMA fines Some suggested removing the ability to insure against RMA fines A number of council representatives expressed frustration over the ability of individuals and companies to insure against fines imposed by the court in prosecutions taken by councils. The ability to insure is seen as reducing the seriousness of RMA offending, and undermining the deterrent effect of enforcement. There is also concern over the principle of insuring against criminal activity, which is inconsistent with other legislation imposing criminal penalties. Many councils spoken to, as well as Forest and Bird and Local Government New Zealand, would like to see the ability to insure against RMA fines removed. Such a prohibition could mirror a similar provision in Health and Safety legislation.49 One council manager noted that although insurance against RMA fines reduces the punitive element of enforcement actions, fines and council costs are often paid more promptly. When there is no insurance, it can take a long time for fines to be paid and for councils to recover costs. If the insurance option is closed off, legislative amendments to allow faster recovering of fines and costs may need to be considered.

Cost-recovery mechanisms Councils and stakeholders suggested improvements to cost recovery mechanisms Local Government New Zealand suggested a legislation change be considered to provide for cost recovery by councils for monitoring activities that do not require consent (such as permitted activities), as councils currently recover only a part of the cost of CME activities from resource users.50 A council representative suggested that where an abatement notice is issued and compliance is not achieved by a certain specified date, councils should be able to undertake necessary remediation works, and reclaim the costs from the person/company issued with the notice. This would avoid further costs (such as the costs of applying to the Environment Court for an enforcement order) being incurred by councils as a result of the non-compliance The RMA currently allows councils to undertake works in their jurisdiction in cases where an immediate measure is needed to prevent or remediate adverse environmental affects,51 but there is currently no mechanism for recovering the costs of this work.

Resource consent applications The Environmental Defence Society and Local Government New Zealand suggested introducing mechanisms in the RMA to allow for applications for resource consent or renewals to be declined where the applicant has a history of offences against the RMA. One regional council expressed frustration that they had received an application from a local intensive farmer and were not able to consider his lengthy history of RMA non-compliance, including convictions, when considering his application.

4.5 Monitoring approaches Changes to monitoring practice were suggested The Productivity Commission recognised that changes to monitoring could be made by:  providing greater stability in monitoring staff – the Commission acknowledged that staff turnover in CME is high, and councils should put greater efforts into retaining CME staff and training new staff

49 Section 29 of the Health and Safety at Work Act 2015 makes insurance against fines issued under that Act unlawful. 50 Note that the Resource Legislation Amendment Bill includes a clause allowing for cost recovery for monitoring activities in respect of national environmental standards. 51 See Resource Management Act 1991, section 330.

34 Compliance, monitoring and enforcement by local authorities under the Resource Management Act 1991 122 Consents and Regulatory Committee Tuesday 22 November 2016 - Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

 making closer links between policy and monitoring staff – the Commission observes the importance of strong links between CME and policy/planning staff, and recommends that some monitoring responsibilities are formally allocated to relevant policy teams within departments to ensure better integration  adopting risk-based monitoring (for the councils that do not already use such an approach).52 Many councils and stakeholders believed that monitoring practices need to be more consistent throughout the country – to provide greater consistency in data collection (some representatives noted the difficulty comparing rates of non-compliance across different areas, when monitoring practices are different) and greater certainty for the public.

Transparency and accountability Many stakeholders believe council compliance monitoring and enforcement should be more transparent Stakeholders were particularly concerned with council inspection practices and decision- making on enforcement actions. These representatives believe greater transparency would provide certainty to resource users on when to expect monitoring visits or what level of non- compliance is likely to result in a prosecution, for example. Councils could make their CME strategies publicly available, and provide annual reports on CME activities. Waikato-Tainui believes that councils (or the Ministry) need to be more proactive in making CME data publicly available. If details of non-compliance were made publicly available, stakeholders and the wider public could play a greater role in the prevention of reoffending. One council representative suggested councils be required to publish an annual report that sets out the council’s objectives and priorities in terms of compliance. Such a document could outline the reasons for these priorities and how performance would be assessed. This would allow councils to focus their limited resources on certain activities in order to ‘lift’ compliance in these areas. It would also enable communities and stakeholders to better support compliance activities (for example, through carrying out related awareness raising projects), and hold councils accountable to their objectives. A number of councils and stakeholders commented on the need for improvements in data collection and reporting for greater transparency.

52 New Zealand Productivity Commission, 2014, pp 360–363.

Compliance, monitoring and enforcement by local authorities under the Resource Management Act 1991 35 123 Consents and Regulatory Committee Tuesday 22 November 2016 - Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

Part 5: Conclusions

Approaches to compliance, monitoring and enforcement (CME) activities vary significantly between councils. This is partly a result of the discretion given to councils to determine how or to what extent they carry out CME under the Resource Management Act 1991 (RMA), as well as the lack of national and regional direction, coordination, guidance and support on CME. This report explains the key variations in council approaches to CME:  The level of priority and resources – regional councils and unitary authorities place greater emphasis on CME activities and have more significant resources and expertise to draw upon than territorial authorities.  Approaches to complaint response, resource consent monitoring and permitted activity monitoring – while most councils have complaint response and resource consent monitoring systems in place, plan rule (permitted activity) monitoring is limited.  Coordination of CME activities – national coordination of CME activities is limited. While regional councils and unitary authorities have a national network set up to share approaches to and information on CME, territorial authorities are generally not well connected.  Non-compliance responses – use of enforcement actions varies significantly between councils. Most territorial authorities take few enforcement actions. Use of prosecutions is variable, with some councils taking a ‘tougher stance’ on non-compliance than others. Councils’ decisions to prosecute are often influenced by the costs of taking prosecutions, which are significant, and often not recovered completely through fines.  Decision-making processes about enforcement actions and the level of political involvement in decision-making – not all councils appear to have amended their decision- making processes in accordance with the Auditor-General’s recommendations.53 There is limited data collected by councils and the Ministry for the Environment on CME. Publicly available data on CME is very limited– some councils publish CME reports and their procedures for handling non-compliance, but the majority do not. As a result, it is difficult to assess the effect of CME on environmental outcomes, and for the public and the Ministry to hold councils accountable for their actions and decisions. A number of opportunities for changes to the CME regime were suggested by councils and stakeholders. These changes are both regulatory and non-regulatory:  Increased national (or regional) direction, guidance, support and training – this could take the form of a national policy statement (NPS) (or national environmental standard (NES), in respect of particular activities), a guidance or best practice document or national support unit, for example. The Ministry of Business, Innovation and Employment is currently developing New Zealand Qualifications Authority standards on CME for regulatory staff across all of government – these standards will be helpful in increasing the level of knowledge and expertise of CME staff nationally if implementation for local government is pursued.  Changes to increase the consequences for RMA non-compliance. Some councils and stakeholders advocated for removing the ability to insure against RMA fines, commenting that the ability to insure reduces the effectiveness of prosecutions as a deterrent and punitive measure. Many councils and stakeholders also suggested the level of infringement fines be increased. Some suggested that infringement fines be greater for companies than individuals, to reflect the differing maximum fines for prosecutions.

53 Controller and Auditor-General, 2011.

36 Compliance, monitoring and enforcement by local authorities under the Resource Management Act 1991 124 Consents and Regulatory Committee Tuesday 22 November 2016 - Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

 Changes to data collection, monitoring and reporting approaches to increase transparency, accountability and community involvement. Many stakeholders spoken to suggested that reporting on CME be mandatory for councils. Stakeholder also raised the possibility of greater community/iwi involvement in CME, which could be carried out through a RMA section 33 delegation. This report is intended as a platform for discussion about council CME activities and how possible improvements could be made, and not as a proposal for reform. This report and the research behind it contribute to wider policy work by the Ministry and other government agencies in assessing the effectiveness of resource management legislation. The research will also inform the request for data sent to all councils annually through the national monitoring system.

Compliance, monitoring and enforcement by local authorities under the Resource Management Act 1991 37 125 Consents and Regulatory Committee Tuesday 22 November 2016 - Ministry for the Environment report on compliance, monitoring and enforcement by local authorities under the RMA

References

Bay of Plenty Regional Council. 2015. 2014/2015 Pollution Prevention and Compliance Report. Whakatane: Bay of Plenty Regional Council. Retrieved from www.boprc.govt.nz/media/520780/2014_2015-pollution-prevention-and-compliance-report.pdf Compliance and Enforcement Special Interest Group. Unpublished. Strategic Compliance Framework. Controller and Auditor-General. 2011. Managing Freshwater quality: challenges for regional councils. Wellington: Controller and Auditor-General. Retrieved from www.oag.govt.nz/2011/freshwater. Crown Law. 2013. Solicitor-General’s Prosecutions Guidelines. Wellington: Crown Law. Retrieved from www.crownlaw.govt.nz/assets/Uploads/Prosecution-Guidelines/prosecution-guidelines-2013.pdf. DairyNZ. 2016. Environment. Retrieved from http://www.dairynz.co.nz/environment/(25 July 2016) Environment Canterbury. 2015. Compliance Monitoring Annual Report 2013/14. Christchurch: Environment Canterbury. Retrieved from http://ecan.govt.nz/publications/Plans/compliance- monitoring-annual-report-april-2015.pdf Environment Canterbury. 2016. Compliance Monitoring Annual Report 2014/15. Christchurch: Environment Canterbury. Retrieved from http://ecan.govt.nz/publications/Reports/CME_Compliance_Monitoring_Sheet_Regional_Sept2015.pdf Local Government New Zealand. 2015. RMA Sector Position Paper – draft for feedback. Retrieved from www.lgnz.co.nz/assets/RMA-Sector-Position-Paper-15-October-2015.pdf Ministry for the Environment. 2012. A Study into the Use of Prosecutions under the Resource Management Act 1991. Wellington: Ministry for the Environment. Ministry for the Environment & Statistics New Zealand. 2015. New Zealand’s Environmental Reporting Series: Environment Aotearoa 2015. Available from www.mfe.govt.nz and www.stats.co.nz Ministry for the Environment. 2016. Reporting for 2014/15. Retrieved from www.mfe.govt.nz/rma/rma- monitoring-and-reporting/reporting-201415 (12 July 2016) New Zealand Cabinet Minute. 2013. Regulatory Systems: Improving New Zealand’s Regulatory Performance. Cabinet Committee on State Sector Reform and Expenditure Control Minute of Decision (13) 6/2B. Wellington: Cabinet Office, Department of the Prime Minister and Cabinet. Retrieved from www.treasury.govt.nz/regulation/informationreleases/pdfs/reg-2601082.pdf/at_download/file New Zealand Productivity Commission. 2013. Towards Better Local Regulation. Wellington: Productivity Commission. New Zealand Productivity Commission. 2014. Regulatory Institutions and Practices. Wellington: Productivity Commission. Radio New Zealand. 2016. ECan Criticised for Lack of Action in Waterways. Retrieved from www.radionz.co.nz/news/regional/303751/ecan-criticised-for-lack-of-action-over-waterways (12 July 2016). Stuff.co.nz. 2015. Councils Prosecuting Fewer Farmers for Dirty Dairying Offences. Retrieved from www.stuff.co.nz/business/farming/dairy/71333959/councils-prosecuting-fewer-farmers-for-dirty- dairying-offences (12 July 2016). Stuff.co.nz. 2016a. Millions of Litres of Water Illegally Taken – is ECan doing enough? Retrieved from www.stuff.co.nz/business/farming/81191467/Millions-of-litres-of-water-illegally-taken-Is-ECan-doing- enough (12 July 2016). Stuff.co.nz. 2016b. Councillors Question if Horizons is Holding District Councils to Account. Retrieved from www.stuff.co.nz/manawatu-standard/news/80014164/councillors-question-if-horizons-is-holding- district-councils-to-account (12 July 2016). Tasman District Council. 2011. Enforcement Policy and Guidelines. Nelson: Tasman District Council. Retrieved from www.tasman.govt.nz/policy/policies/enforcement-policies/ Waikato Regional Council. 2016. Basic Investigative Skills for Local Government. Hamilton: Waikato Regional Council. Retrieved from www.waikatoregion.govt.nz/Services/Regional-services/Investigation- and-enforcement/Basic-investigative-skills-for-local-government/

38 Compliance, monitoring and enforcement by local authorities under the Resource Management Act 1991 126 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Agenda Memorandum

Date 30 August 2016

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Incident Register – 8 August 2016 to 31 October 2016

Item:

Approved by: A D McLay, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 1774593

Purpose The purpose of this memorandum is to allow the Council to consider and receive the summary of the Incident Register for the period 8 August 2016 to 31 October 2016.

Executive summary There are 188 incidents reported.

65 of the incidents were found to be compliant and 116 were found to be non-compliant. Seven of the incidents reported relate to non-compliance from previous periods (updates). The action taken is set out for Members information.

There were 56 non-compliant incidents reported as a result of the 2016/2017 annual dairy inspection round, from 589 monitoring inspections.

Recommendations That the Taranaki Regional Council: 1. receives this memorandum 2. receives the summary of the Incident Register for the period from 8 August 2016 to 31 October 2016, notes the action taken by staff and adopts the recommendations therein

Background The Council receives and responds to pollution events and public complaints throughout the year. Compliance monitoring undertaken can also identify non-compliance. This information is recorded in the Incident Register together with the results of investigations

127 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

and any follow-up actions. Incidents are publicly reported to the Council through the Consents and Regulatory Committee via the Incident Register or the Annual Compliance Monitoring Reports.

Attached is the summary of the Incident Register for the period from 8 August 2016 to 31 October 2016.

Change of Format to Increase Understanding The incident register information presentation was reviewed in 2014-2015 to increase reader understanding. The first section addresses compliant incidents and can be publically discussed. The second section provides an update on non-complaint incidents from previous meetings and where an incident has been resolved it can be publically discussed. The third section provides information on non-compliant incidents during the period that are still under investigation and staff are limited in terms of public disclosure of information while the investigation is ongoing and enforcement responses have not been determined. The incident register flow chart and definition of terms provide further detail.

Discussion Council responds to all complaints received with most complaints responded to within four hours. Responses to complaints and non-compliances with rules in the Council’s regional plans, resource consents and the Resource Management Act 1991 are recorded in the Incident Register. Where necessary, appropriate advisory or enforcement actions are implemented. The latter may include issuing an inspection, abatement or infringement notice, or initiating a prosecution. Where an infringement notice or prosecution is possible, details of the incident in the Incident Register and staff comment will be restricted for legal reasons. Further information will be provided at a later date to the Council and for prosecutions a detailed report will be provided, in the confidential section of the agenda.

A summary of incidents for the period 8 August 2016 to 31 October 2016 is attached. The ‘compliant’ incidents are presented first in a table and the ‘non-compliant’ incidents are presented after in a more detailed summary.

Generally incidents in the ‘compliant’ table have a recommendation of ‘no further action’. However, an incident is considered ‘compliant’ until such time as a non-compliance is found. Therefore occasionally an incident in the ‘compliant’ table will have a recommendation of ‘investigation continuing’, if an ongoing investigation is still underway to confirm compliance.

A series of graphs are also attached comparing the number of incidents between 2015-2016 and 2016-2017, and also showing how the incidents are tracking in 2016-2017 in relation to environment type and compliance status. There is also a graphs showing enforcement action taken to date during 2016-2017.

128 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments Incident Register flowchart and terms explained (document #1081324). Incidents – Agenda graphs to 31 October 2016 (document #1774559). Incident Summary – 8 August 2016 to 31 October 2016 (document #1776240).

129 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register Incident Register 2015 Doc # 1081324

Origin/notification Complaint Entered in Incident Register Self-notification Third party notification TRC Staff monitoring Investigation: TRC Staff notification Field inspection Conversation with consent holder Assessment of monitoring data Entered in IRIS database Gathering information/evidence

Intervention: Non-compliant May issue an abatement notice for something that is likely to have an adverse effect (s17 RMA) but is Action(s) taken include: currently compliant Abatement Notice Consent application Consent change required Compliant Inspection - no inspection notice issued Inspection – inspection notice issued Infringement Notice Interim enforcement order Action(s) taken include: Enforcement order Abatement Notice (intervention) Meeting with Company Consent application No enforcement action – statutory defence Consent change required No enforcement action – insufficient evidence Inspection - no inspection notice issued Phone call Inspection – inspection notice issued Referral to appropriate authority Meeting with Company

None

Not substantiated Recommendations to Council: Phone call Investigation continuing Referral to appropriate authority No further action

No further action/costs recovered No further action at this stage Recommendations to Council: No further action at this stage/costs recovered Investigation continuing See separate report No further action No further action at this stage Non-compliant Report to Council Summary in a table of: Compliant Report to Council Date Summary in a table of: Incident/Job number Date Incident type Incident/Job number Source/origin Incident type Alleged responsible party Source/origin Consent Number Alleged responsible party Action taken Consent Number Recommendation Action taken Comments/summary paragraph Recommendation

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Terms explained

Compliance rating

Compliant After investigation the incident was found to be compliant with environmental standards or other regulations, permitted rules in a regional plan (e.g. RFWP, RAQP, RCP allowed), a resource consent and/or the Resource Management Act 1991.

Non-compliant After investigation the incident was found to be non-compliant with environmental standards or other regulations, rules in a regional plan, a resource consent and/or the Resource Management Act 1991

Origin/Notification:

Complaint Notification of incident received from public.

Self notification Notification of incident received from the responsible party.

Third Party Notification of incident received from third party such as New Notification Zealand Fire, District Council etc.

TRC Staff Notification of incident found during routine compliance monitoring. monitoring

TRC Staff Notification of incident found during unrelated monitoring/field notification work.

Action/s Taken:

14 day Letter A letter was sent requesting an explanation for the non-compliance and why enforcement action should not be considered. The recipient is given 14 days to reply.

Abatement Notice A notice was issued requiring something to be undertaken or something to cease to ensure compliance with Rules in the regional plans, resource consent or Resource Management Act 1991. Notice must be complied with or further enforcement action can be considered.

Consent application A consent application has been received as a result of the investigation.

Consent change During the investigation it was found that a consent change was required required.

Emergency Works Emergency works was allowed under section 330 of the RMA. Often a subsequent resource consent is required.

Enforcement Order An enforcement order has been issued by the Environment Court requiring action to be undertaken or something to cease. Notice must be complied with or further enforcement action can be

131 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

considered.

Infringement Notice An infringement notice was issued under Section 338(1)(a) of the ($xxx.xx) Resource Management Act 1991 and Councils delegated authority.

Inspection Notice An inspection was undertaken and a notice of advice/instruction was issued to landowner/alleged offender.

Inspection/no notice An inspection was undertaken, however no inspection notice was issued issued as there was no alleged offender/landowner to issue one to (natural event, unsourced etc).

Interim Enforcement An interim enforcement order has been issued by the Environment Order Court requiring action to be undertaken or something to cease. Notice must be complied with or further enforcement action can be considered.

Meeting with A meeting was held with the Company to discuss the incident and Company ways to resolve any issues.

None No action was required.

Not Substantiated The incident could not be substantiated (i.e. it is not likely/possible/probable that the alleged incident could have taken place).

Phone call A phone call was made to the alleged offender/authority.

Prosecution A prosecution is being initiated for this incident.

Referral to The incident was referred to the appropriate authority (District Appropriate Council, Department of Conservation etc). Authority

Recommendations to Council

Investigation Outcome has not been finalised. Investigation is continuing on this continuing incident, information/evidence still being gathered. Further action, including enforcement are being considered and therefore legally all information cannot be reported on this incident at this stage. These incidents will continue to be reported as updates in the following agendas.

No Further Action Investigation is completed, any required enforcement action has been undertaken and no further action is required.

No Further Action Investigation is completed, any required enforcement action has been At This Stage undertaken and further action may be required at a later date.

No Further Investigation is completed, any required enforcement action has been Action/Costs undertaken and no further action is required. Costs will be recovered Recovered from the alleged offender for the investigation.

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No further Action at Investigation is completed, any required enforcement action has been this Stage/Costs undertaken and further action may be required at a later date Recovered (reinspection of Abatement Notice etc). Costs will be recovered from the alleged offender for the investigation.

Defences under Sections 340 and 341 of the Resource Management Act 1991

Sometimes no enforcement action is undertaken against an alleged offender for a non- compliant incident as they have a defence under Section 340 of the Resource Management Act 1991 including reasons such as: - the defendant can prove that he or she did not know, and could not reasonably be expected to have known that the offence was to be or was being committed, or - that he or she took all reasonable steps to prevent the commission of the offence, or - the action or event could not reasonably have been foreseen or been provided against by the defendant.

133 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

134 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

135 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Compliant Incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Consent Compliance Incident Type Source Action Taken Recommendation Date / IRIS ID Responsible Party Number Status

03 Aug 2016 3301-17-108 Alleged irrigation Complaint Trewithen R2/2272-2 Inspection Notice Consent No Further Action IN/33658 breach - Trewithenn Partnership Compliance Partnership - Tikorangi

08 Aug 2016 3301-17-056 Alleged water take - TRC Staff Waiwira Trust R2/5636-1 Inspection Notice Consent No Further Action IN/33548 Waiwira Tst - Patea Compliance Compliance Monitoring

12 Aug 2016 3301-17-045 Alleged silt and Complaint R & S Dreaver Inspection Notice RFWP Allowed No Further Action IN/33522 sediment - Dreaver – Contractors Limited Waitara /Richard Dreaver

12 Aug 2016 3301-17-046 Alleged odour - Complaint Edward Whiting R2/5280-1 Inspection Notice Consent No Further Action IN/33528 Henwood Road, Bell Compliance Block

12 Aug 2016 3301-17-061 Alleged smoke - Complaint Allan Harvey Inspection Notice RAQP Allowed No Further Action IN/33574 Skinner Road, Stratford

13 Aug 2016 3301-17-047 Alleged discoloured Complaint Unsourced Inspection Notice RFWP Allowed No Further Action IN/33529 stream - Rata Street, Inglewood

13 Aug 2016 3301-17-048 Alleged discoloured Complaint Unsourced Inspection Notice RFWP Allowed No Further Action IN/33530 stream - Upland Road, Inglewood

15 Aug 2016 3301-17-065 Alleged underpass Complaint Topless Brothers R2/4150-2 Inspection Notice RFWP Allowed No Further Action IN/33566 discharge - Topless - Partnership Turangi Road

136 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Compliant Incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Consent Compliance Incident Type Source Action Taken Recommendation Date / IRIS ID Responsible Party Number Status

16 Aug 2016 3301-17-062 Alleged stock in Complaint Suart Sharrock Inspection Notice RFWP Allowed No Further Action IN/33746 waterbody - Smart Road, Glen Avon

17 Aug 2016 3301-17-064 Alleged fire - Dorset Complaint Basil Anderson- Inspection Notice RAQP Allowed No Further Action IN/33563 Road, Patea Junior

18 Aug 2016 3301-17-076 Alleged odour - Tegel Complaint Tegel Foods R2/4038-6 Inspection Notice Consent No Further Action IN/33588 Foods Limited - Limited Compliance Lepperton

19 Aug 2016 3301-17-066 Alleged odour - Kaipi Complaint Tegel Foods R2/9500-1 Inspection Notice Consent No Further Action IN/33567 Rad, Egmont Village Limited Compliance

19 Aug 2016 3301-17-077 Alleged discoloured Complaint Hawken Family Inspection Notice RFWP Allowed No Further Action IN/33586 Waiau Stream, Trust Waitotara

21 Aug 2016 3301-17-069 Alleged smoke - Complaint McCann Bulk Inspection Notice RAQP Allowed No Further Action IN/33587 Glover Road, Hawera

22 Aug 2016 3301-17-070 Alleged tractor Fuel - Self-Notification Matapu Land Inspection Notice RFWP Allowed No Further Action IN/33570 Lower Duthie Road, Holdings Ltd Kaponga

23 Aug 2016 3301-17-073 Alleged smoke - Complaint Larsen Trusts Inspection Notice RAQP Allowed No Further Action IN/33578 Waverley Beach Road, Partnership Waverley

137 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Compliant Incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Consent Compliance Incident Type Source Action Taken Recommendation Date / IRIS ID Responsible Party Number Status

25 Aug 2016 3301-17-078 Alleged discoloured Complaint Michael Charles Inspection Notice RFWP Allowed No Further Action IN/33595 Hihiwera Stream – Drought Opunake

25 Aug 2016 3301-17-075 Alleged cows in Complaint Phil and Anje Inspection Notice RFWP Allowed No Further Action IN/33748 stream - Kaihihi Barron Stream, Okato

29 Aug 2016 3301-17-084 Alleged crusader 1 Third Party GEL Exploration Inc R2/5489-1 Inspection Notice Consent No Further Action IN/33601 wellsite - Mangorei Notification R2/5490-1 Compliance Road, NP R2/5491-1

29 Aug 2016 3301-17-085 Alleged cows in Complaint Nicola Adams Inspection - No RFWP Allowed No Further Action IN/33602 stream - Eltham Road, Notice Issued Eltham

30 Aug 2016 3301-17-087 Alleged smoke - Complaint Larsen Trusts Inspection Notice RAQP Allowed No Further Action IN/33605 Waverley Beach Road, Partnership Waverley

31 Aug 2016 3301-17-086 Alleged odour - Tegel Complaint Tegel Foods R2/9500-1 Inspection Notice Consent No Further Action IN/33604 Foods Limited - Kaipi Limited Compliance Road, Egmont Village

31 Aug 2016 3301-17-089 Alleged discoloured Complaint Ian Smith Inspection - No RFWP Allowed No Further Action IN/33607 stream - Mountain Notice Issued Road, Stratford

02 Sep 2016 3301-17-091 Alleged discoloured Complaint Unsourced Inspection Notice RFWP Allowed No Further Action IN/33611 Herekawe Stream - New Plymouth

138 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Compliant Incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Consent Compliance Incident Type Source Action Taken Recommendation Date / IRIS ID Responsible Party Number Status

03 Sep 2016 3301-17-093 Alleged instream Self-Notification Shell Todd Oil Inspection Notice RFWP Allowed No Further Action IN/33623 works - Palmer Road, Services Limited Kapuni

04 Sep 2016 3301-17-092 Alleged sewage Self-Notification City Care R2/0882-4 Inspection Notice RFWP Allowed No Further Action IN/33622 overflow - Coby Sydney Drive, Bell Blocl

09 Sep 2016 3301-17-107 Alleged land drainage Complaint Brian Marsden R2/9901-1.0 Inspection Notice Consent No Further Action IN/33657 - Junction Road, New /Maia Properties R2/9901-1.1 Compliance Plymouth Limited

12 Sep 2016 3301-17-100 Alleged discoloured Complaint Unsourced Inspection Notice RFWP Allowed No Further Action IN/33652 stream - Nelson Street, Waitara

13 Sep 2016 3301-17-101 Alleged odour - Osflo - Complaint Osflo Fertiliser R2/5918-2.0 Inspection Notice Consent No Further Action IN/33650 Bell Block Limited Compliance

20 Sep 2016 3301-17-125 Alleged dust - Hawera Complaint KiwiRail Inspection - No RFWP Allowed No Further Action IN/33691 Notice Issued

20 Sep 2016 3301-17-127 Alleged sediment - Complaint Jones Quarry Inspection Notice RFWP Allowed No Further Action IN/33694 Waiongana Stream, Limited Brixton

21 Sep 2016 3301-17-124 Alleged mud on road - Complaint A & A George Inspection - No RFWP Allowed No Further Action IN/33690 Lower Dudley Road, Family Trust Notice Issued Inglewood

139 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Compliant Incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Consent Compliance Incident Type Source Action Taken Recommendation Date / IRIS ID Responsible Party Number Status

21 Sep 2016 3301-17-126 Alleged odour - Castle Complaint South Taranaki Inspection Notice RAQP Allowed No Further Action IN/33693 Street, Eltham District Council

22 Sep 2016 3301-17-129 Alleged subdivision - Complaint Pepper Inspection Notice RFWP Allowed No Further Action IN/33695 Omata Road, New Construction LTD Plymouth /Whitaker Civil Engineering Limited

22 Sep 2016 3301-17-128 Alleged odour - Double Complaint Double R Taranaki R2/5246-2.3 Inspection Notice Consent No Further Action IN/33711 R Taranaki - Kelly Limited Compliance Road, Lepperton

23 Sep 2016 3301-17-132 Alleged odour - Complaint Gargan RM Trust Inspection Notice RAQP Allowed No Further Action IN/33759 Gargan - Beach Road /Westown Argiculture

24 Sep 2016 3301-17-133 Alleged discoloured Complaint Unsourced Inspection Notice RFWP Allowed No Further Action IN/33874 Mangaoraka Stream – Brixton

28 Sep 2016 3301-17-140 Alleged odour - Barrett TRC Staff Stanley & Grace Inspection Notice RAQP Allowed No Further Action IN/33750 Road, New Plymouth Notification Gargan

28 Sep 2016 3301-17-143 Alleged foam - Self-Notification Chemwash Inspection Notice RFWP Allowed No Further Action IN/33752 Broadway, Stratford Taranaki Limited

29 Sep 2016 3301-17-141 Alleged odour - Airport Complaint Edward Whiting Inspection Notice RAQP Allowed No Further Action IN/33751 Drive, New Plymouth

140 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Compliant Incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Consent Compliance Incident Type Source Action Taken Recommendation Date / IRIS ID Responsible Party Number Status

30 Sep 2016 3301-17-142 Alleged odour - East Complaint New Plymouth Inspection Notice RAQP Allowed No Further Action IN/33756 End Beach, New District Council Plymouth

05 Oct 2016 3301-17-147 Alleged discoloured Complaint Unsourced Inspection Notice Not No Further Action IN/33788 Patea River - Toko Applicable/Natural Event

05 Oct 2016 3301-17-148 Alleged piggery Complaint NZ Pure Bred Pig R2/0351-3 Inspection Notice Consent No Further Action IN/33791 discharge - Mountain Genetics Limited Compliance Road, Midhirst

06 Oct 2016 3301-17-170 Alleged breach of TRC Staff J Swap Contractors R2/10085- Consent No Further IN/33805 consent - J Swap - Bell Compliance Limited 1.0 Compliance Action/Costs Block Monitoring Recovered

06 Oct 2016 3301-17-157 Alleged silt and TRC Staff David & Angela Inspection Notice RFWP Allowed No Further Action IN/33825 sediment - Junction Notification Allison Street, New Plymouth

10 Oct 2016 3301-17-163 Alleged fire - Inland Complaint Faull Bros Inspection Notice RAQP Allowed No Further Action IN/33797 North Road, Waitara (Holdings) Limited /Faull Farms Limited

10 Oct 2016 3301-17-166 Alleged information Complaint Todd Taranaki R2/7406-1 Consent No Further Action IN/33801 request - Mangahewa Limited Compliance D flaring - Rimutauteka Road

141 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Compliant Incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Consent Compliance Incident Type Source Action Taken Recommendation Date / IRIS ID Responsible Party Number Status

12 Oct 2016 3301-17-171 Alleged sediment – Complaint Julie Whitham Inspection Notice RFWP Allowed No Further Action IN/33806 Tarata

12 Oct 2016 3301-17-173 Alleged odour - Complaint Taranaki By- R2/4058-4 Inspection Notice Consent No Further Action IN/33814 Taranaki By-Products Products Limited Compliance Limited - Okaiawa

12 Oct 2016 3301-17-172 Alleged odour - Complaint Fairfield Farms R2/3290-2 Inspection Notice RAQP Allowed No Further Action IN/33816 Fairfield Farms - Fairfield Road, Hawera

13 Oct 2016 3301-17-180 Alleged odour - Complaint Edward & Nicola & Inspection Notice RAQP Allowed No Further Action IN/33812 Fairfeild Road, Hawera William Bourke

13 Oct 2016 3301-17-181 Alleged odour - Complaint Taranaki By- R2/4058-4 Inspection Notice Consent No Further Action IN/33815 Taranaki By-Products Products Limited Compliance Limited - Okaiawa

13 Oct 2016 3301-17-187 Alleged land drainage Complaint Graham Thomas Inspection Notice RFWP Not No Further Action IN/33824 - Kaitake Road, Addressed Oakura

17 Oct 2016 3301-17-190 Alleged discoloured Complaint Unsourced RFWP Not No Further Action IN/33831 Tapuae Stream Addressed

18 Oct 2016 3301-17-192 Alleged burning - Complaint Neville Allen Inspection Notice RAQP Allowed No Further Action IN/33862 Dorset Street, Patea

18 Oct 2016 3301-17-230 Alleged storage Complaint Geoffrey Phillips R2/6463-1 Inspection Notice Consent No Further Action IN/33918 breach - Onaero Compliance

142 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Compliant Incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Consent Compliance Incident Type Source Action Taken Recommendation Date / IRIS ID Responsible Party Number Status

20 Oct 2016 3301-17-201 Alleged odour - Osflo - Complaint Osflo Fertiliser R2/5918-2.0 Inspection Notice Consent No Further Action IN/33865 Hursthouse Road, Bell Limited Compliance Block

20 Oct 2016 3301-17-208 Alleged discolouration Complaint Unsourced Inspection - No Not No Further Action IN/33872 - Ngamotu Beach, Notice Issued Applicable/Natural New Plymouth Event

23 Oct 2016 3301-17-204 Alleged odour - Complaint Original Pipe R2/9773-1.0 Inspection Notice RAQP Not No Further Action IN/33881 Eustace - Colson Traders Ltd /Wayne Addressed Road, New Plymouth Eustace

23 Oct 2016 3301-17-203 Alleged oil discharge - Complaint Nickel Engineering Inspection Notice RFWP Not No Further Action IN/33883 Waihi Road, Hawera Limited Addressed

26 Oct 2016 3301-17-206 Alleged spill - Self-Notification Envirowaste Inspection Notice RFWP Allowed No Further Action IN/33887 Envirowaste - Heta Services Limited Road, New Plymouth

29 Oct 2016 3301-17-213 Alleged odour - Osflo - Complaint Osflo Fertiliser R2/5918-2.0 Inspection Notice Consent No Further Action IN/33882 Hursthouse Road, Limited Compliance New Plymouth

29 Oct 2016 3301-17-214 Alleged odour - Complaint Fonterra Co- R2/4103-2 Inspection Notice Consent No Further Action IN/33884 Whareroa Road – operative Group R2/6257-1 Compliance Hawera Limited, Whareroa - R2/6257-1.1 Hawera R2/6273-1

30 Oct 2016 3301-17-215 Alleged dust - Devon Complaint Symons Group Ltd Inspection Notice RAQP Allowed No Further Action IN/33890 Road, Bell Block

143 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Compliant Incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Consent Compliance Incident Type Source Action Taken Recommendation Date / IRIS ID Responsible Party Number Status

31 Oct 2016 3301-17-218 Alleged odour - Complaint Osflo Spreading R2/5918-2.0 Inspection Notice Consent No Further Action IN/33889 Hursthouse Road - Industries Ltd Compliance Bell Block

144 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Updates of Non-Compliant incidents from previous agendas

Incident Job Number Alleged Responsible Consent Recommendatio Incident Type Source Action Taken Date / IRIS ID Party Number n

03 Jun 2016 3301-16-563 Unauthorised dumping - TRC Staff Stuart Fisher (10634) Inspection Notice No Further Action Update IN/33343 Hicks Road, Hawera Compliance Burgess Crowley Civil Infringement Notice ($1,000) Monitoring Limited (34601) Infringement Notice ($1,000) Fonterra Limited Infringement Notice ($1,000) (50606) Infringement Notice ($1,000) Intergroup Limited 14 Day Letter (53424) 14 Day Letter TECHO Limited (53425) 14 Day Letter

Comments: During an inspection of an unauthorised dump site on Hicks Road, Hawera, to assess compliance with an abatement notice, it was found that further material had been dumped at the site in contravention of the abatement notice. It was found that approximately 35m3 of inert plastic polymer beads, from the redundant water treatment plant at the Fonterra Whareroa site, had been disposed of at the site. These beads had become mobilised during rainfall events and were found to be tracking towards surface water. The beads were subsequently removed and disposed lawfully in an approved manner. Letters of explanation were received. Infringement notices were issued to all but the landowner who was the subject of a prosecution for an earlier incident at the site.

16 Jun 2016 3301-16-577 Water abstraction - consent TRC Staff Renewable Power R2/6558-1 Infringement Notice ($500) No Further Update IN/33407 breach - Renewable Power Compliance Limited (52541) 14 Day Letter Action/Costs - Normanby Monitoring Recovered

Comments: During analysis of residual flow data, from downstream of a hydro electric power station water intake at Normanby, concerns were raised regarding the validity of the data submitted. Further information was received from the Company. A meeting was held with the Company owner and he undertook to ensure the future accuracy of the recording of residual flow and abstraction rates. Annual compliance monitoring will be reviewed for this site.

145 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Updates of Non-Compliant incidents from previous agendas

Incident Job Number Alleged Responsible Consent Recommendatio Incident Type Source Action Taken Date / IRIS ID Party Number n

04 Jul 2016 3301-17-052 Breach of resource consent TRC Staff Coastal Country Farms R2/5128-2.0 Inspection - No Notice Issued No Further Update IN/33537 - water take (Coastal) Compliance Limited (37345) 14 Day Letter Action/Costs Monitoring Recovered

Comments: Analysis of data showed that the rate and volume of water abstracted exceeded a resource consent condition. A letter of explanation was received and accepted. The breach was caused by unforeseen infrastructure damage which was fixed when identified.

05 Jul 2016 3301-17-002 Unauthorised dumping & Third Party Graham Harris (2000) R2/8052-0 Inspection Notice No Further Action Update IN/33409 dewatering - McLean Street Notification Limited (4178) Infringement Notice ($500) - Waitara Rosewarne Motors Infringement Notice ($500) (4288) 14 Day Letter Petroleum Solutions 14 Day Letter Limited (53470) 14 Day Letter Spencer Homes (53473) 14 Day Letter 14 Day Letter 14 Day Letter

Comments: A complaint was received regarding the disposal of contaminated soil and dewatering activities associated with the replacement of subsurface fuel tanks at the BP Service Station, 66 McLean Street, Waitara. An investigation found that the underground fuel tanks had been replaced onsite and fill contaminated with hydrocarbons had been removed from site and deposited at a residential subdivision and an authorised cleanfill site. Dewatering activities were found to be occurring at the site in association with the instillation of the new tanks. The dewatering activities were in breach of the Regional Freshwater Plan for Taranaki as the volume being extracted exceeded the permitted daily take. Abatement notices were issued requiring the contaminated fill to be disposed of at an appropriately consented facility. This was done. Letters of explanation were received. Infringement notices were issued to the contractor. No further action was taken against the other parties involved.

146 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Updates of Non-Compliant incidents from previous agendas

Incident Job Number Alleged Responsible Consent Recommendatio Incident Type Source Action Taken Date / IRIS ID Party Number n

08 Jul 2016 3301-17-007 Breach of consent - Molten TRC Staff Molten Metals Limited R2/9974-1.0 Inspection Notice No Further Update IN/33415 Metals - New Plymouth Compliance (24944) Abatement Notice Action/Costs Monitoring Recovered

Comments: During analysis of sample results it was found that a site used for storing and processing scrap metal was not operating within resource consent conditions on Centennial Drive, New Plymouth. Analysis found that the discharge of storm water had breached suspended solids limits. Abatement Notice EAC-21191 was issued requiring works to be undertaken to ensure stormwater discharged from the site complies with resource consent conditions at all times. Reinspection found that the abatement notice was being complied with at the time of inspection.

13 Jul 2016 3301-17-010 Breach of a national TRC Staff AL & LA Campbell R2/5791-1 Inspection - No Notice Issued No Further Update IN/33435 regulation - water take Compliance (3565) Infringement Notice ($750) Action/Costs Monitoring 14 Day Letter Recovered

Comments: Analysis of data found that water was abstracted without having a flow meter verified, as required by the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 (RMR). An abatement notice was issued in the previous season requiring the flow meter to be verified as accurate, and this had not been complied with. The consent holder was advised in writing not to take water until the abatement notice was complied with. An infringement notice was issued for the non- compliance with the abatement notice. Further monitoring will be undertaken to ascertain compliance.

26 Jul 2016 3301-17-023 Wastewater overflow - Self-Notification Tegel Foods Limited R2/3470-4.0 Inspection Notice No Further Update IN/33467 Tegel - Bell Block (9844) Action/Costs No Enforcement Action - Recovered Statutory defence

Comments: Self-notification was received concerning a wastewater discharge from a poultry processing plant arising from a blockage in the trade waste system causing an overflow to the Mangati Stream on Paraite Road, Bell Block. Investigation found that overflow of wastewater to the Mangati Stream had occurred. There was no discharge at the time of inspection and no environmental effects were found in the stream. The Company is undertaking works to modify the system to prevent the likelihood of reoccurrence. An incident report was received and accepted. The incident had occurred due to unforeseen circumstances.

147 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

10 Aug 2016 3301-17-041 Unionised ammonia - TRC Staff Unsourced (9768) Inspection - No Notice Issued Investigation IN/33527 Mangati Stream Compliance Continuing Monitoring

Comments: During the analysis of surface water data, from the Mangati Stream monitoring programme, it was found that levels of unionised ammonia in the Mangati Stream were elevated. Further sampling has been undertaken and sample results are pending. If levels continue to be elevated then further investigation will be undertaken.

06 Sep 2016 3301-17-094 Odour - Rawhitiroa, Eltham Complaint Energy Services R2/6651-1 Inspection Notice Investigation IN/33628 International Limited Abatement Notice Continuing (16975) 14 Day Letter

Comments: A complaint was received about an odour emanating from a transformer oil refining site at Rawhitiroa, Eltham. Investigation found a strong chemical/oily objectionable odour offsite at the complainant’s house. A letter of explanation was received. Enforcement action is being considered.

06 Sep 2016 3301-17-095 Green Stream - Stockman Complaint Challenge Trust (30004) R2/1039-3.1 Inspection Notice Investigation IN/33632 Road, Tikorangi Simon Payne (51285) 14 Day Letter Continuing Paul Ingles (53834) 14 Day Letter

Comments: A complaint was received regarding a stream running 'green' near Stockman Road, Tikorangi. Investigation found that untreated dairy effluent was discharging into an unnamed tributary of the Waiaua Stream as a result of the over application of dairy effluent to pasture, via spray irrigation, resulting in significant overland runoff. Photographs and samples were taken. Letters of explanation were received. Enforcement action is being considered.

148 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

07 Sep 2016 3301-17-098 Dairy effluent - Mullan - TRC Staff Francis Mullan (2715) R2/2966-2.1 Inspection Notice Investigation IN/33645 Rahotu Compliance Abatement Notice Continuing Monitoring

Comments: During the annual dairy inspection round it was found that the spray irrigation system was not operating within resource consent conditions, at Kina Road, Rahotu. Abatement Notice EAC-21282 was issued requiring a report from a suitably qualified engineer to confirm that there is an impervious lining for the holding pond and if in the view of the engineer the holding pond needs upgrading then details are to be provided to the Council. The consent holder has advised that the holding pond will not be used in its current state. If he intends to use it again he will supply the report or seal the pond with an impervious liner. The farm is the subject of an enforcement order and further investigation will be undertaken to assess compliance with the enforcement order.

20 Sep 2016 3301-17-139 Breach of consent - TRC Staff Waverley Sawmills R2/6413-2.1 Inspection Notice Investigation IN/33745 Waverley Sawmills - Compliance Limited (4249) 14 Day Letter Continuing Waverley Monitoring

Comments: During analysis of samples (27 September 2016) taken during routine monitoring (20 September 20016) it was found that there was elevated levels of copper in a composite sample of wood shavings at Monk Road, Waverley. The Company undertook works to remove the sawdust containing copper. Further sampling found copper concentrations were below normal background levels. A letter requesting an explanation has been sent. Enforcement action is being considered.

06 Oct 2016 3301-17-169 Breach of consent - TRC Staff Halliburton New Zealand R2/2337-3 14 Day Letter Investigation IN/33804 Halliburton - Bell Block Compliance (36656) Continuing Monitoring

Comments: During analysis of stormwater samples collected during wet weather it was found that the concentration of suspended solids discharging from a site, at Paraite Road/Connett Road, Bell Block, exceeded parameters set by a resource consent condition. A letter of explanation has been received from the consent holder. Further enforcement action is being considered.

149 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

08 Oct 2016 3301-17-160 Odour - Patea Complaint Turk Poultry (21316) Inspection - No Notice Issued Investigation IN/33794 14 Day Letter Continuing

Comments: A complaint was received concerning an offal type odour in Patea. An investigation found that a poultry truck had discharged offal onto the road. The odour associated with the discharge was offensive in nature. A letter requesting an explanation has been sent. Enforcement action is being considered.

08 Oct 2016 3301-17-161 Odour - Contact Energy - Complaint Contact Energy Limited Inspection Notice Investigation IN/33795 Stratford Power Station (16245) Continuing

Comments: A complaint was received concerning an odour discharging from the Stratford Power Station at East Road, Stratford. An odour survey was undertaken and the odour was found to be intermittently objectionable. An inspection of the area around the power station found that odour was discharging from the cooling towers. An explanation has been requested. Enforcement action is being considered.

11 Oct 2016 3301-17-165 Dairy effluent - Hickey - TRC Staff JM Hickey Trust & BA R2/4371-2 Inspection Notice Investigation IN/33800 Whenuakura Compliance Hickey Trust (31385) Abatement Notice Continuing Monitoring 14 Day Letter

Comments: During the annual dairy inspection round it was found that an oxidation pond/spray irrigation system was not operating within consent conditions at Kohi Road, Whenuakura. Abatement notice EAC-21331 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection found the abatement notice was being complied with at the time of inspection. A letter of explanation was received. Further enforcement action is being considered.

150 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

12 Oct 2016 3301-17-182 Dairy effluent - Henchman - Complaint John & Fiona R2/1519-3 Inspection Notice Investigation IN/33817 Okato Henchman (3879) Abatement Notice Continuing 14 Day Letter

Comments: A complaint was received regarding water quality in the Timaru Stream at Upper Weld Road, Okato. Investigation found that dairy effluent and rain runoff from the race had discharged via the stormwater diversion into an unnamed tributary of the Timaru Stream. Abatement Notice EAC-21345 was issued requiring the discharge of dairy effluent via the stormwater diversion to cease. Reinspection found that the abatement notice was being complied with at the time of inspection. A letter requesting an explanation was sent. Further enforcement action is being considered.

12 Oct 2016 3301-17-207 Breach of resource consent TRC Staff TIL Freighting Limited R2/7578-1 14 Day Letter Investigation IN/33870 - TIL - Bell Block Compliance (51307) Continuing Monitoring

Comments: During analysis of stormwater samples, taken during a wet weather sampling run, it was found that the concentration of contaminants in the discharge exceeded a parameter set by resource consent conditions, Paraite Road, Bell Block. The concentration of BOD in the discharge sample was 24 gm3 and exceeded the limit of 7 gm3 set by special condition 4 of resource consent 7578-1. A letter requesting an explanation for the breach has been sent. Enforcement action is being considered.

17 Oct 2016 3301-17-189 Odour and discharge - Complaint Maurice Vickers Limited R2/3958-3 Inspection Notice Investigation IN/33828 Vickers Transport - (3096) Abatement Notice Continuing Broadway, Stratford

Comments: A complaint was received concerning an odour and unknown discharge from a pipe into a small trib in the Patea catchment at Broadway South, Stratford. Investigation found a discharge from a pipe which was odorous. Samples and photographs were taken. Sample results found that there was a high faecal coliform count in the discharge and downstream. Abatement Notice EAC-21365 was issued requiring the sump and the receiving drain to be cleaned out. The Company is going to investigate the cause of the discharge. Reinspection will be undertaken after 16 December 2016. Further enforcement action is being considered.

151 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

17 Oct 2016 3301-17-191 Dairy effluent - Rowan Complaint Rowan Trust (24320) R2/1774-3.1 Inspection Notice Investigation IN/33829 Trust - Kaponga Continuing

Comments: A complaint was received regarding an unnamed tributary of Little Dunns Creek running 'green' at Rowan Road, Kaponga. Inspection found that dairy effluent applied to land via travelling irrigator on a neighbouring property had discharged into surface water through a buried drain. The irrigator was not operating during the inspection. Samples and photographs were taken. The farm owner undertook to move the irrigator before further use. Enforcement action is being considered.

20 Oct 2016 3301-17-199 Unauthorised discharge - TRC Staff Fonterra Co-operative R2/0923-3 Inspection Notice Investigation IN/33861 Fonterra - Kapuni Compliance Group Limited, Kapuni Abatement Notice Continuing Monitoring (21944) 14 Day Letter

Comments: During a routine monitoring inspection it was found that the effluent disposal system at the Fonterra Lactose Plant at Kapuni was not operating within resource consent conditions. Inspection found that dairy effluent was being discharged onto land to clean out the solid material from the holding pond. Effluent was running off and entering the Waiokura Stream. Samples and photographs were taken. A letter of explanation was received. Enforcement action is being considered.

21 Oct 2016 3301-17-202 Dairy effluent - Palmerdell TRC Staff Neil Laurence & Kim R2/0795-2 Inspection Notice Investigation IN/33863 Trust - Mahoe Compliance Stephanie Bailey (4484) Abatement Notice Continuing Monitoring Palmerdell Trust Abatement Notice (15265) 14 Day Letter Damien Tinney (54049) 14 Day Letter

Comments: During the annual dairy inspection round it was found that an oxidation pond system was not operating within resource consent conditions, at Opunake Road, Mahoe. Abatement Notice EAC-21358 was issued requiring the discharge of untreated dairy effluent to surface water to cease to ensure compliance with resource consent conditions. Abatement Notice EAC-21359 was issued requiring works be undertaken to ensure that all farm dairy effluent is directed to the oxidation pond treatment system to ensure compliance with resource consent conditions. Reinspection found that both abatement notices were being complied with at the time of inspection. A letter requesting explanation was sent to the consent holder and the farm manager. Further enforcement action is being considered.

152 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

21 Oct 2016 3301-16-210 Potential discharge of Complaint Astron Chemical Inspection Notice Investigation IN/33873 chemicals to land - Smart Corporation Limited Continuing Road, New Plymouth (54069)

Comments: A compliant was received regarding a bunded area used for the mixing of chemicals for pest control purposes which had the ability to discharge to land on Smart Road, New Plymouth. Investigation found that a small bund had been established within a shed used for mixing chemicals associated with pest control. There was potential for a discharge from the bund to occur onto land at the rear of the shed. Inspection found no indication of adverse effects resulting from any discharges. The bund is not currently in use. Further investigation is being undertaken to establish if there have been any discharges from the system.

26 Oct 2016 3301-17-205 Odour - Washer - Tawhiti Complaint Anton Naus (14390) Inspection Notice Investigation IN/33871 Road, Hawera Mack Transport Ltd 14 Day Letter Continuing (21895) 14 Day Letter Christopher & Shona 14 Day Letter Mack (24634) Greg Washer (32837) Osflo Fertiliser Limited (36015)

Comments: A complaint was received concerning an odour on Somerville Road, Hawera. Investigation found that objectionable odour was discharging beyond the boundary of a site on Tawhiti Road where OSFLO fertiliser had recently been spread. Letters requesting explanation have been sent. Enforcement action is being considered.

153 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

08 Aug 2016 3301-17-040 Emulsion discharge - Self-Notification Fulton Hogan Limited Inspection - No Notice Issued No Further Action IN/33525 Fulton Hogan - NP (27282) No Enforcement Action - Statutory defence

Comments: Self-notification was received from a civil works company advising that during a road sealing operation, a sudden burst of heavy rain caused approximately 200 litres of emulsion to discharge into a stormwater drain, at Northgate, New Plymouth. Investigation found that mitigation measures were put in place to reduce the impact of the discharge on the environment. The activity was occurring at night and the rainfall event was unforeseen. No adverse effects were found in the receiving environment at the time of inspection.

08 Aug 2016 3301-17-049 Breach of water take TRC Staff Duncan Wilson Trust R2/9608-1.0 Inspection - No Notice Issued No Further IN/33534 consent - Wilson - Compliance (50014) 14 Day Letter Action/Costs Waitotara Monitoring No Enforcement Action - Recovered Statutory defence

Comments: During analysis of data it was found that the rate of water abstracted exceeded a resource consent condition at a property at Hawken Road, Waitotara. A letter of explanation was received and the reasons for non-compliance were accepted. Council staff met with the consent holder to discuss the system to ensure no more breaches occur.

08 Aug 2016 3301-17-050 Breach of water take TRC Staff Kereone Farms Limited R2/9561-1 Inspection - No Notice Issued No Further IN/33535 consent - Kereone - Compliance (31808) Action/Costs Waitotara Monitoring Recovered

Comments: During analysis of data it was found that the rate of water abstracted (during the first half of the irrigation season) exceeded a resource consent condition at a property at Lennox Road, Waitotara. The consent holder worked with this Council to ensure compliance and no further breaches occurred after some works were carried out. The consent holder was advised in writing that the system must be maintained to ensure compliance.

154 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

08 Aug 2016 3301-17-051 Breach of water take TRC Staff Pukeone Partnership R2/7372-1 Inspection - No Notice Issued No Further Action IN/33536 consent - Pukeone - Compliance (30461) Waitotara Monitoring

Comments: During analysis of data it was found that the rate of water abstracted exceeded a resource consent condition at a property at Pukeone Road, Waitotara. The numerous breaches were considered de minimis (within a 5% margin of error). The consent holder was advised to undertake works to the system to ensure the rate of abstraction was below the limit set by the resource consent.

08 Aug 2016 3301-17-053 Breach of water take TRC Staff Ian & Judith Armstrong R2/5990-1 Inspection - No Notice Issued No Further Action IN/33538 consent - Armstrong - Compliance (13071) Abatement Notice At This Opunake Monitoring 14 Day Letter Stage/Costs Recovered

Comments: During analysis of data it was found that that the volume of water abstracted exceeded a resource consent condition. An explanation was received from the consent holder. An abatement notice was issued requiring the consent holder to cease the contravention of their resource consent. A reinspection will take place during the next monitoring round to confirm compliance.

08 Aug 2016 3301-17-054 Breach of water take TRC Staff Grahame Hubert Lance R2/3312-3 Inspection - No Notice Issued No Further Action IN/33539 consent - Lance - Waverley Compliance (2993) Abatement Notice At This Monitoring 14 Day Letter Stage/Costs Recovered

Comments: During analysis of data it was found that the volume of water abstracted exceeded a resource consent condition at a property at Parahaki Road, Waverley. An explanation for the breach was received from the consent holder. An abatement notice was issued requiring the consent holder to cease the contravention of their resource consent. A reinspection will take place during the next monitoring round to confirm compliance.

155 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

08 Aug 2016 3301-17-055 Breach of water take TRC Staff Waitara Golf Club Inc R2/4450-2 Inspection - No Notice Issued No Further Action IN/33540 consent - Waitara Golf Club Compliance (3579) Abatement Notice At This - Waitara Monitoring 14 Day Letter Stage/Costs No Enforcement Action - Recovered Statutory defence

Comments: During analysis of data it was found that the volume of water abstracted exceeded a resource consent condition at a property at Mouatt Street, Waitara. An explanation for the breach was received from the consent holder. The breach was caused by unforeseen infrastructure damage which was fixed when identified. An abatement notice was issued requiring the consent holder to cease the contravention of their resource consent. A reinspection will take place during the next monitoring round to confirm compliance.

08 Aug 2016 3301-17-057 Breach of water take TRC Staff Norwood Farm R2/7783-1 Inspection - No Notice Issued No Further Action IN/33549 consent - Norwood - Compliance Partnership (12547) 14 Day Letter Eltham Monitoring

Comments: During analysis of data it was found that the rate of water abstracted exceeded a resource consent condition at a property at Rawhitiroa Road, Eltham. It was discovered that a fault in the system was causing false spikes in the data. It is now accepted that resource consent conditions have not been breached. Council staff are working with the consent holder to ensure the reason for the false spikes are identified and fixed.

08 Aug 2016 3301-17-058 Breach of water take TRC Staff PKW Farms LP (16762) R2/10113- Inspection - No Notice Issued No Further Action IN/33550 consent - PKW Farms LP - Compliance 1.1 Infringement Notice ($500) At This Waverley Monitoring Abatement Notice Stage/Costs 14 Day Letter Recovered

Comments: During analysis of data it was found that the rate and volume of water abstracted exceeded a resource consent condition at a property at Lennox Road, Waverley. A letter of explanation was received and the reasons for non-compliance were accepted. An abatement notice was issued requiring the resource consent to be complied with at all times. A reinspection will take place during the next monitoring round to confirm compliance.

156 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

08 Aug 2016 3301-17-059 Breach of water take TRC Staff PKW Farms LP (16762) R2/9910-1.0 Inspection - No Notice Issued No Further IN/33551 consent - PKW Farms LP - Compliance 14 Day Letter Action/Costs Okaiawa Monitoring 14 Day Letter Recovered No Enforcement Action - Statutory defence

Comments: During analysis of data (which the consent holder initially failed to supply to this Council) it was found that the rate of water abstracted exceeded a resource consent condition at a property at Tempskey Road, Okaiawa. A letter of explanation was received and accepted. The breaches were caused by unforeseen infrastructure damage which were fixed when identified. Since this incident the consent holder has undertaken considerable works to ensure breaches do not occur.

08 Aug 2016 3301-17-060 Breach of water take TRC Staff Manaia Golf Club (2229) R2/0017-3.1 Inspection - No Notice Issued No Further Action IN/33552 consent - Manaia Golf Club Compliance 14 Day Letter - Manaia Monitoring

Comments: During analysis of data it was found that the rate and volume of water abstracted exceeded a resource consent condition at a property at Karaka Street, Manaia. An investigation into the cause of the breaches found that an electrician carrying out maintenance works to the system had caused the data logger to record an elevated rate and volume of abstraction.

157 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

10 Aug 2016 3301-17-042 Dairy effluent - Duffy - TRC Staff PB & BA Duffy Family R2/1705-3 Inspection Notice No Further Action IN/33514 Opunake Compliance Trust (15450) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During the annual dairy monitoring round it was found that an oxidation pond system was not operating within resource consent conditions at Feaver Road, Opunake. Inspection found that the pipe which conveys effluent from the dairy shed into the first (anaerobic) pond had a hole in a join near where the pipe crossed an unnamed tributary of the Heimana Stream and vegetation was present on the second (aerobic) pond. Abatement Notice EAC-21227 was issued requiring the pipe to be fixed immediately and the vegetation removed from the aerobic pond to ensure compliance with resource consent conditions. Reinspection found the abatement notice was being complied with at the time of inspection.

10 Aug 2016 3301-17-044 Discoloured stream - Complaint Gwerder JL & KS Family R2/2899-2 Inspection Notice No Further IN/33521 Dudley Road - Inglewood Trust (2760) Abatement Notice Action/Costs 14 Day Letter Recovered

Comments: A complaint was received regarding a stream running 'white' at Dudley Road, Inglewood. Investigation found that washings from a calf shed had discharged to the stream. Abatement Notice EAC-21229 was issued requiring the discharge of contaminants from the calf shed into surface water to cease. A letter of explanation was received and accepted. Reinspection found that the abatement notice was being complied with at the time of inspection.

15 Aug 2016 3301-17-082 Consent non-compliance - TRC Staff South Taranaki District R2/10257- Inspection Notice No Further Action IN/33598 culvert installation - STDC - Compliance Council (9623) 1.0 Abatement Notice At This Kaweora Road, Opunake Monitoring Stage/Costs Recovered

Comments: During routine monitoring it was found that a culvert had not been installed according to resource consent conditions and as per the consent application, at Kaweora Road, Opunake. The culvert was not installed deep enough and there was insufficient rock rip-rap. Abatement Notice EAC-21251 was issued requiring works to be undertaken to ensure compliance with resource consent conditions. Reinspection will be undertaken after 16 December 2016.

158 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

15 Aug 2016 3301-17-083 Consent non-compliance - TRC Staff South Taranaki District R2/10253- Inspection Notice No Further IN/33599 culvert installation - STDC - Compliance Council (9623) 1.0 Abatement Notice Action/Costs Bayly Road, Warea Monitoring Recovered

Comments: During routine monitoring it was found that a culvert had not been installed according to resource consent conditions and as per the consent application, at Bayly Road, Warea. The culvert was not installed deep enough and there was insufficient rock rip-rap. Abatement Notice EAC-21253 was issued requiring works to be undertaken to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

17 Aug 2016 3301-17-063 Dairy effluent - Megaw - TRC Staff Megaw Family Trust R2/2397-2 Inspection Notice No Further Action IN/33559 Waitara Compliance (3945) Abatement Notice At This Monitoring Colin John & Linda Joan Stage/Costs Megaw (29788) Recovered

Comments: During the annual dairy inspection round it was found that the oxidation pond system was not operating within resource consent conditions. Abatement Notice EAC-21239 has been issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 16 December 2016.

17 Aug 2016 3301-17-067 Fitzrory Engineering- TRC Staff Fitzroy Engineering R2/0021-3 Inspection Notice No Further IN/33568 unauthorised discharge of Compliance Group Limited (9482) Abatement Notice Action/Costs test water Monitoring 14 Day Letter Recovered

Comments: During an inspection of a stormwater discharge monitoring site (STW002001), it was found that there was a discoloured foamy discharge from the site. The consent holder was contacted and it was outlined that washing was occurring on site at the time. This was not permitted by resource consents 0021-4 and 9583-2 (held for the site); or by regional plan rules. A letter requesting explanation was sent. Abatement Notice EAC-21276 was issued requiring the discharge to cease. Reinspection found that the abatement notice was being complied with at the time of inspection.

159 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

17 Aug 2016 3301-17-074 Dairy Effluent - Lye- TRC Staff Steven John & Susan R2/0533-3.0 Inspection Notice No Further IN/33579 Tikorangi Compliance Helen Lye (11374) Action/Costs Monitoring Recovered

Comments: During analysis of samples (24 August 2016) taken during the annual dairy inspection round (17 August 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Ngatimaru Road, Tikorangi. Compassionate consideration was given due to the very recent death of the consent holder. Family members were spoken to and were informed of the requirement to operate within resource consent conditions and they have undertaken to address the issues as soon as practically possible.

19 Aug 2016 3301-17-071 Breach of consent - TRC Staff Inglewood Metal Limited R2/1113-4 Inspection Notice No Further IN/33575 Inglewood Metal Limited - Compliance (1680) Infringement Notice ($750) Action/Costs Inglewood Monitoring 14 Day Letter Recovered

Comments: During routine monitoring it was found that a quarry was not operating within resource consent conditions at Everett Road, Inglewood. Investigation found that the Kurapete Stream was discoloured beyond the mixing zone. The discharge was in contravention of an abatement notice issued for a previous incident. A letter of explanation was received.

19 Aug 2016 3301-17-072 Breach of water take TRC Staff Pungarehu Farmers R2/1190-3 Inspection - No Notice Issued No Further IN/33576 consent - Pungarehu Compliance Group Water Scheme 14 Day Letter Action/Costs Farmers Group - Monitoring (13992) No Enforcement Action - Recovered Pungarehu Statutory defence

Comments: During analysis of data it was found that the rate of water abstracted exceeded a resource consent condition at a property at Pungarehu Road, Pungarehu. A letter of explanation was received and the reasons for non-compliance accepted. The breach was caused by mechanical failure and this has since been addressed.

160 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

19 Aug 2016 3301-17-079 Rubbish on beach - Complaint Waitara Golf Club Inc Inspection Notice No Further Action IN/33592 Waitara (3579) At This Stage

Comments: A complaint was received regarding rubbish discharging onto the foreshore from historic dumping/sand dune stabilisation efforts at a beach near the Waitara Golf Course. Investigation found that concrete, tyres and other inert materials had previously been placed at the Waitara Golf Course to stabilise the foreshore. Due to recent high seas, coastal erosion has exposed some of the materials which were discharging onto the foreshore. Removing the material from the area above the beach will likely hasten further dune erosion. Recovering the material from the beach when it discharges is deemed to be the most pragmatic solution.

19 Aug 2016 3301-17-198 Dairy effluent - Brennan - TRC Staff Brennan Trusts R2/0405-3 Inspection Notice No Further Action IN/33854 Manaia Compliance Partnership (17089) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (20 October 2016), collected during the annual dairy inspection round (19 August 2016), it was found that an oxidation pond system was not operating within resource consent conditions, at Skeet Road, Manaia. Abatement Notice EAC-21351 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 5 December 2016.

21 Aug 2016 3301-17-068 Fuel spill to unnamed Self-Notification Taranaki Rescue Abatement Notice No Further Action IN/33569 tributary- Rescue Helicopter Trust (14177) At This Helicopter- Taranaki Base Stage/Costs Hospital Recovered

Comments: Self-notification was received regarding aviation fuel discharging into an unnamed tributary from the Taranaki Rescue Helicopter site at Taranaki Base Hospital, New Plymouth. Inspection found that due to a valve failure a bulk fuel tank discharged approximately 2000 litres of aviation fuel onto land where it flowed overland into a stormwater drain and entered an unnamed tributary of the Mangaotuku Stream. Booms and sorbent materials were used to contain and recover the fuel. A meeting was held with the Trust and Abatement Notice EAC-21308 was issued requiring a containment and recovery system to be installed. Reinspection will be undertaken after 30 November 2016.

161 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

24 Aug 2016 3301-17-099 Breach of water take Complaint Taranaki Trucking R2/2293-2 Inspection - No Notice Issued No Further Action IN/33646 national regulation - Company Limited Abatement Notice At This Taranaki Trucking - (10081) Stage/Costs Opunake Recovered

Comments: During analysis of data it was found that water was abstracted without having a flow meter verified, as required by the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 (RMR) at a property at Wiremu Road, Opunake. An abatement notice was issued requiring the flow meter to be verified as accurate by 30 November 2016.

25 Aug 2016 3301-17-090 Dairy effluent - Finer - TRC Staff Ian Alistair & Rosalie R2/0841-3 Inspection Notice No Further Action IN/33609 Tikorangi Compliance Janet Finer (1623) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (2 September 2016) taken during the annual dairy inspection round (25 August 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Inland North Road, Tikorangi. Abatement Notice EAC-21263 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 21 November 2016.

26 Aug 2016 3301-17-080 Discolouration of Complaint Ben Dickie (29638) Inspection Notice No Further Action IN/33597 Wheunakura River

Comments: A complaint was received that dairy effluent was causing the Whenuakura River to run 'green'. Investigation found that the river was discoloured and no source for any unauthorised discharges could be found. A further complaint was received on 31 August 2016. Investigation found no contaminants in the stream and inspections of several effluent systems were undertaken with no unauthorised discharges found.

162 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

28 Aug 2016 3301-17-081 Unauthorised discharge - Complaint South Taranaki District R2/6088-3 Inspection Notice No Further Action IN/33600 STDC - Patea. Council (9623) Abatement Notice At This Stage/Costs Recovered

Comments: A complaint was received that unauthorised materials had been disposed of at an approved green waste disposal site near Patea. Investigation found that unauthorised materials, including plastics and rubber had been disposed of at the site. It was also found that some historic materials from the site had become uncovered by erosion and were discharging into the Tasman Sea. Abatement Notice EAC-21265 was issued requiring the resource consent to be complied with. Reinspection found the abatement notice was being complied with at the time of inspection.

31 Aug 2016 3301-17-088 Sewage fungus - Mullin - TRC Staff John Mullin (51932) R2/1842-3 Inspection Notice No Further IN/33610 Okaweu Stream, Opua Compliance Abatement Notice Action/Costs Road Monitoring Recovered

Comments: During the annual dairy inspection round it was found that an oxidation pond system was not operating within resource consent conditions and heterotrophic fungal growth was found within the receiving waters at Opua Road, Opunake. The sewage fungus was found to be growing in the receiving waters downstream of the oxidation pond discharge point. Abatement Notice EAC 21264 was issued requiring the pond system to be cleaned out. Reinspection found that the abatement notice was being complied with at the time of inspection.

163 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

05 Sep 2016 3301-17-106 Dairy effluent - Taranikko TRC Staff Taranikko Partnership R2/1690-3 Inspection Notice No Further Action IN/33656 Partnership - Stratford Compliance (30255) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (15 September 2016), collected during the annual dairy inspection round (5 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Bird Road, Stratford. Abatement Notice EAC-21286 was issued requiring that the contravention of special conditions cease to ensure compliance with resource consent conditions. Reinspection was undertaken and the system was discharging so further sampling was undertaken to ascertain compliance. Sample results are pending.

06 Sep 2016 3301-17-105 Dairy effluent - Burr - TRC Staff Michael D Burr Trust R2/3956-2 Inspection Notice No Further IN/33655 Midhirst Compliance (34606) Abatement Notice Action/Costs Monitoring Recovered

Comments: During analysis of samples (15 September 2016), taken during the annual dairy inspection round (6 September 2016), it was found that an oxidation pond system was not operating within resource consent conditions, at Salisbury Road, Midhirst. Abatement Notice EAC-21289 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

06 Sep 2016 3301-17-109 Dairy effluent - Pease & Co TRC Staff Pease & Co Limited R2/9327-2.0 Inspection Notice No Further IN/33659 Limited - Hawera Compliance (36447) Abatement Notice Action/Costs Monitoring Recovered

Comments: During analysis of samples (15 September 2016), collected during the annual dairy inspection round (6 September 2016), it was found that an oxidation pond system was not operating within resource consent conditions on Manawapou Road, Hawera. Abatement Notice EAC-21287 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

164 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

06 Sep 2016 3301-17-110 Dairy effluent - Bremer TRC Staff Bremer Bros R2/2126-2 Inspection Notice No Further IN/33660 Bros Partnership - Hawera Compliance Partnership (20942) Abatement Notice Action/Costs Monitoring Recovered

Comments: During analysis of samples (15 September 2016), collected during the annual dairy inspection round (6 September 2016), it was found that an oxidation pond system was not operating within resource consent conditions on Manawapou Road, Hawera. Abatement Notice EAC-21288 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

06 Sep 2016 3301-17-112 Dairy effluent - Hammond - TRC Staff Michael Hammond R2/2349-2 Inspection Notice No Further IN/33663 Manaia Compliance (2419) Abatement Notice Action/Costs Monitoring Recovered

Comments: During analysis of samples (15 September 2016), collected during the annual dairy inspection round (6 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Auroa Road, Manaia. Abatement Notice EAC-21291 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

06 Sep 2016 3301-17-113 Dairy effluent - Fevre TRC Staff Stephen & Jenny Fevre R2/1132-3 Inspection Notice No Further IN/33664 Trusts Partnership - Compliance (10729) Abatement Notice Action/Costs Hawera Monitoring SJ & JL Fevre Trusts Recovered Partnership (23156)

Comments: During analysis of samples (15 September 2016), collected during the annual dairy inspection round (6 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Auroa Road, Hawera. Abatement Notice EAC-21292 was issued requiring works to be undertaken to the farm dairy effluent system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

165 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

07 Sep 2016 3301-17-096 Vegetation discharge - Complaint Mathew Paul (53827) Inspection Notice No Further Action IN/33629 Patea River - Stratford

Comments: A complaint was received regarding a resident throwing vegetation into the Patea River, at Cloten Rod, Stratford. Investigation found that some vegetation had been placed adjacent to the river. The rising level of the river had carried some vegetation down stream. The owner of the property was spoken to and was unaware this had happened. He immediately removed vegetation to an area where it will not discharge into the river.

07 Sep 2016 3301-17-117 Dairy effluent - Blakelock - TRC Staff Peter William & Heather R2/1839-3.0 Inspection Notice No Further IN/33667 Waitara Compliance Lynette Blakelock Abatement Notice Action/Costs Monitoring (2114) Recovered

Comments: During analysis of samples (17 September 2016), taken during the annual dairy inspection round (7 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Ohanga Road, Waitara. Abatement Notice EAC-21298 has been issued requiring works be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at time of inspection.

07 Sep 2016 3301-17-118 Dairy effluent - Burr - TRC Staff Roger & Colleen Burr R2/4321-2 Inspection Notice No Further Action IN/33670 Stratford Compliance (9791) Abatement Notice At This Monitoring 14 Day Letter Stage/Costs Recovered

Comments: During analysis of samples (17 September 2016), collected during the annual dairy inspection round (7 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Wingrove Road, Stratford. Abatement Notice EAC-21304 was issued requiring the contravention of special conditions to cease to ensure compliance with resource consent conditions. Reinspection to be undertaken after 7 November 2016.

166 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

07 Sep 2016 3301-17-119 Dairy effluent - Saywell TRC Staff Saywell Trusts R2/2248-3.0 Inspection Notice No Further Action IN/33671 Trusts Partnership - Compliance Partnership (53092) Abatement Notice At This Stage Stratford Monitoring

Comments: During analysis of samples (17 September 2016), collected during the annual dairy inspection round (7 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Cheal Road, Pukengahu. Abatement Notice EAC-21302 was issued requiring the contravention of the special conditions to cease to ensure compliance with resource consent conditions. Reinspection to be undertaken after 7 November 2016.

08 Sep 2016 3301-17-097 Dairy Effluent - Robins - TRC Staff Dennis Robins (1849) R2/1392-3 Inspection Notice No Further IN/33634 Waitara Compliance Robins Dairy Farming Abatement Notice Action/Costs Monitoring Limited (19443) Recovered

Comments: During the annual dairy inspection round it was found that the oxidation pond system was not operating within resource consent conditions on Otaraoa Road, Waitara. Abatement Notice EAC-21295 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

08 Sep 2016 3301-17-115 Dairy effluent - Waiau Trust TRC Staff James Leonard Roy R2/0410-3.0 Inspection Notice No Further Action IN/33665 - Waitara Compliance Webster (3188) Abatement Notice At This Monitoring Waiau Trust (3946) Stage/Costs Recovered

Comments: During analysis of samples (17 September 2016), taken during the annual dairy inspection round (08 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Ohanga Road, Waitara. Abatement Notice EAC-21297 has been issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 25 January 2017.

167 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

08 Sep 2016 3301-17-116 Dairy effluent - Weston - TRC Staff John & Kathleen R2/4447-2 Inspection Notice No Further IN/33666 Waitara Compliance Weston (1616) Abatement Notice Action/Costs Monitoring Recovered

Comments: During analysis of samples (17 September 2016), collected during the annual dairy inspection round (8 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Otaraoa Road, Waitara. Abatement Notice EAC-21296 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at time of inspection.

08 Sep 2016 3301-17-114 Dairy effluent - Robins TRC Staff Dennis Robins (1849) R2/1916-2 Inspection Notice No Further Action IN/33668 Dairy Farming Ltd - Waitara Compliance Robins Dairy Farming Abatement Notice At This Monitoring Limited (19443) Stage/Costs Recovered

Comments: During analysis of samples (17 September 2016), collected during the annual dairy inspection round (08 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Otaraoa Road, Waitara. Abatement Notice EAC-21299 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 30 November 2016.

08 Sep 2016 3301-17-120 Dairy effluent - Moon Valley TRC Staff Moon Valley Trust R2/2058-2 Inspection Notice No Further Action IN/33673 Trust - Ngaere Compliance (28806) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (17 September 2016), collected during the annual dairy inspection round (8 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Cheal Road, Stratford. Abatement Notice EAC-21301 was issued requiring the contravention of the special conditions to cease to ensure compliance with resource consent conditions. Reinspection to be undertaken after 7 November 2016.

168 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

08 Sep 2016 3301-17-121 Dairy effluent - Cooper TRC Staff Cooper Family Trusts R2/1707-3 Inspection Notice No Further Action IN/33674 Family Trusts Partnership - Compliance Partnership (29228) Abatement Notice At This Ngaere Monitoring 14 Day Letter Stage/Costs Recovered

Comments: During analysis of samples (17 September 2016), collected during the annual dairy inspection round (8 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Oru Road, Ngaere. Abatement Notice EAC-21300 was issued requiring the contravention of the special conditions to cease to ensure compliance with resource consent conditions. Reinspection to be undertaken after 7 November 2016.

09 Sep 2016 3301-17-122 Dairy effluent- CGL Trust- TRC Staff CGL Trust (29381) R2/1590-3 Inspection Notice No Further Action IN/33687 Arawhata Road Compliance Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (17 September 2016), taken during the annual dairy inspection round (9 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Arawhata Road. Abatement Notice EAC-21306 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 14 November 2016.

12 Sep 2016 3301-17-130 Dairy effluent - Cahirsiveen TRC Staff Cahirsiveen Trust R2/0854-2.1 Inspection Notice No Further IN/33696 Trust Partnership - Eltham Compliance Partnership (15366) Abatement Notice Action/Costs Monitoring Kevin John & Elizabeth Recovered Jane O'Sullivan (21989)

Comments: During analysis of samples (22 September 2016), collected during the annual dairy inspection round (12 September 2016), it was found that an oxidation pond system was not complying with resource consent conditions at Dalziell Road, Eltham. Abatement Notice EAC-21037 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

169 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

13 Sep 2016 3301-17-134 Dairy effluent - Dairy Glenn TRC Staff Dairy Glenn Farm R2/0318-3 Inspection Notice No Further Action IN/33700 Farm Ltd - Manaia Compliance Limited (53443) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (23 September 2016), taken during the annual dairy inspection round (13 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Manaia Road, Manaia. Abatement Notice EAC-21309 was issued requiring works to be undertaken to the dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 25 November 2016.

13 Sep 2016 3301-17-136 Dairy effluent - Barrett - TRC Staff CM Barrett (2191) R2/1985-2 Inspection Notice No Further Action IN/33709 Opunake Compliance CM Barrett Family Trust Abatement Notice At This Monitoring (25899) Stage/Costs Recovered

Comments: During analysis of samples (23 September 2016), collected during the annual dairy inspection round (13 September 2016), it was found that an oxidation pond system was not operating within resource consent conditions, at Namu Road, Opunake. Abatement notice EAC-21310 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 15 December 2016.

13 Sep 2016 3301-17-137 Dairy effluent - Fleming - TRC Staff Desmond Patrick & Kay R2/1745-3 Inspection Notice No Further Action IN/33710 Opunake Compliance Christine Fleming (2024) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (23 September 2016), taken during the annual dairy inspection round (13 September 2016), it was found that an oxidation pond system was not operating within resource consent conditions, at Arawhata Road, Opunake. Abatement Notice EAC-21311 was issued requiring works to be undertaken to the dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 15 December 2016.

170 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

14 Sep 2016 3301-17-150 Dairy effluent - Perry - TRC Staff Jonathan & Raewyn R2/0389-3 Inspection Notice No Further Action IN/33775 Ngaere Compliance Perry (3544) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (23 September 2016), collected during the annual dairy inspection round (14 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Cheal Road, Ngaere. Abatement Notice EAC-21314 was issued requiring the contravention of the special conditions to cease to ensure compliance with resource consent conditions. Reinspection to be undertaken after 20 November 2016.

14 Sep 2016 3301-17-155 Dairy effluent - Perry - TRC Staff Jonathan & Raewyn R2/1845-3 Inspection Notice No Further Action IN/33782 Ngaere Compliance Perry (3544) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (23 September 2016), collected during the annual dairy inspection round (14 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Cheal Road, Stratford. Abatement Notice EAC-21316 was issued requiring the contravention of the special conditions to cease to ensure compliance with resource consent conditions. Reinspection to be undertaken after 20 November 2016.

15 Sep 2016 3301-17-102 Dairy effluent - Rosanagh TRC Staff Rosanagh Trusts R2/1872-3 Inspection Notice No Further IN/33653 Trust - Stratford Compliance Partnership (34319) Infringement Notice ($750) Action/Costs Monitoring 14 Day Letter Recovered

Comments: During the annual dairy inspection round it was found that the spray irrigation system was not operating within resource consent conditions. The consent holder immediately undertook works to ensure compliance with consent conditions. A letter of explanation was received.

171 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

15 Sep 2016 3301-17-104 Discoloured stream - Rawa Complaint Reklaw Trust (22148) R2/3118-2 Inspection Notice No Further IN/33654 Stream - Otakeho Infringement Notice ($750) Action/Costs Abatement Notice Recovered 14 Day Letter

Comments: A complaint was received regarding discolouration of the Rawa Stream, South Road, Otakeho. Investigation found that a travelling irrigator had stalled and dairy effluent had ponded in the paddock. Dairy effluent from the irrigated area had tracked across land and into a nearby waterbody. Dairy effluent had also overflow from the sump, due to a faulty float switch, tracked across land and it was evident that dairy effluent had discharged into the waterbody. Abatement Notice EAC-21284 was issued requiring the effluent disposal system to be managed to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

15 Sep 2016 3301-17-145 Breach of consent - TRC Staff Taranaki Sawmills R2/2333-4.1 Inspection - No Notice Issued No Further IN/33753 Taranaki Sawmills - Compliance Limited (10015) Infringement Notice ($750) Action/Costs Hudson Road, Bell Block Monitoring 14 Day Letter Recovered

Comments: During analysis of samples (26 September 2016), taken during routine compliance monitoring (15 September 2016), it was found that the stormwater discharge from the Taranaki Sawmill site on Hudson Road, Bell Block, exceeded the limits in suspended solids 250 gm3 (limit 100) and BOD 13 gm3 (limit 10). A letter of explanation was received.

16 Sep 2016 3301-17-103 Unauthorised dumping of Complaint Julian Brian Edgecombe Inspection Notice No Further Action IN/33661 domestic & trade waste - (27498) Abatement Notice At This Stage Edgecombe - Hawera

Comments: A complaint was received regarding the dumping of domestic and trade waste onto land at a property at Glover Road, Hawera. Investigation found that members of the public had been dumping domestic and trade waste at the site. Abatement Notice EAC-21290 was issued requiring the unauthorised dumping of materials to cease. Reinspection found that the abatement notice was being complied with at the time of inspection.

172 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

17 Sep 2016 3301-17-111 Dead sheep - Mana Bay - Complaint Unsourced (9768) Inspection - No Notice Issued No Further Action IN/33718 Patea

Comments: A complaint was received regarding a dead sheep on the beach at Mana Bay, Patea. Investigation found a dead sheep had washed down the Patea River and was on the beach. The carcass was disposed of at the time of inspection.

19 Sep 2016 3301-17-154 Dairy effluent - Dunlop - TRC Staff Dunlop B D & S A R2/3772-2 Inspection Notice No Further Action IN/33783 Matapu. Compliance Trusts Partnership Abatement Notice At This Monitoring (22169) Stage/Costs Recovered

Comments: During analysis of samples (4 October 2016), taken during the annual dairy inspection round (19 September 2016), it was found that an oxidation pond system was not operating within resource consent conditions, at Hastings Road, Matapu. Abatement Notice EAC-21318 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 5 December 2016.

20 Sep 2016 3301-17-123 Dead stock - Manganui Complaint Unsourced (9768) Inspection Notice No Further Action IN/33689 River

Comments: A complaint was received advising that dead stock were observed floating in an eddy along a section of the Manganui River Investigation found stock held within an eddy containing a large mass of logs, branches, rubbish and other material. Council undertook works to remove the stock and rubbish from river. Stock owners are unknown.

173 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

20 Sep 2016 3301-17-151 Dairy effluent - Gopperth - TRC Staff Grant Gopperth (3283) R2/3442-2 Inspection Notice No Further Action IN/33778 Manaia Compliance Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (4 October 2016), taken during the annual dairy inspection round (20 September 2016), it was found that an oxidation pond system was not operating within resource consent conditions at Manaia Road, Manaia. Abatement Notice EAC-21319 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 5 December 2016.

20 Sep 2016 3301-17-152 Dairy effluent - McPhillips - TRC Staff Daniel Fenton R2/0458-3 Inspection Notice No Further Action IN/33779 Manaia Compliance McPhillips (1646) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (4 October 2016), taken during the annual dairy inspection round (20 September 2016), it was found that an oxidation pond system was not operating within resource consent conditions, at Manaia Road, Manaia. Abatement Notice EAC-21320 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 5 December 2016.

20 Sep 2016 3301-17-153 Dairy effluent - Robert TRC Staff Robert Sutton Farms R2/1512-3 Inspection Notice No Further Action IN/33781 Sutton Farms Ltd - Manaia Compliance Limited (3819) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (4 October 2016), taken during the annual dairy inspection round (20 September 2016), it was found that an oxidation pond system was not operating within resource consent conditions, at Manaia Road, Manaia. Abatement Notice EAC-21321 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 5 December 2016.

174 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

22 Sep 2016 3301-17-149 Dairy effluent - Poole TRC Staff Poole Brothers Limited R2/0316-3 Inspection Notice No Further Action IN/33780 Brothers Ltd - Kaponga Compliance (51017) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (4 October 2016), taken during the annual dairy inspection round (22 September), it was found that an oxidation pond system was not operating within resource consent conditions at Manaia Road, Kaponga. Abatement Notice EAC- 21317 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 21 November 2016.

23 Sep 2016 3301-17-131 Paint Discharge - Aquatic Complaint New Plymouth District Inspection - No Notice Issued No Further Action IN/33761 Centre - NP Council (9565) Infringement Notice ($750)

Comments: A complaint was received concerning the discharge of a 'blue' substance from a stormwater pipe near the Todd Energy Aquatic Centre, New Plymouth. Investigation found that a paint brush had been washed, by a contractor, in a laundry tub at the Aquatic Centre. The tub was connected to the stormwater network which discharged onto Kaweroa Reef. A meeting was held with NPDC staff and it was agreed that the tub would be disconnected to prevent any further discharges.

26 Sep 2016 3301-17-135 Dead cow in waterbody - Complaint Phillip & Lorraine Potroz Inspection Notice No Further Action IN/33878 Cardiff Road, Stratford (2341) No Enforcement Action - Statutory defence

Comments: A compliant was received regarding a dead cow in a stream at Cardiff Road, Stratford. Investigation found a dead cow in the stream and the owner was traced. The owner was not aware the cow was missing. The carcass was removed by the owner that day.

175 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

27 Sep 2016 3301-17-138 Earthworks - historic oil well Self-Notification Kalamata Investments Inspection Notice No Further Action IN/33744 - Seaview Road, NP Limited (53940) Hitide Properties (54097)

Comments: Notification was received that during excavation work, in preparation for building works, it appeared that an old abandoned oil well may have been located at a property on Seaveiw Road, New Plymouth. Investigation found that the historic well 'Devon 1' had been uncovered during the earthworks. Inspection found that no discharge was occurring from the well and that the well head had been sealed with concrete and steel and was unlikely to cause any problems in the future. The construction of a concrete floor and industrial building had continued at the site.

29 Sep 2016 3301-17-164 Dairy effluent - Muller - TRC Staff Allan & Gael Muller R2/3508-2 Inspection Notice No Further Action IN/33799 Patea Compliance (3331) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (12 October 2016), taken during the annual dairy inspection round (29 September 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Hukatere Road, Patea. Abatement Notice EAC-21329 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 5 December 2016.

30 Sep 2016 3301-17-158 Tree in Mangawharawhara Complaint Michael Arnold (53983) Inspection Notice No Further Action IN/33792 Stream - Eltham Abatement Notice At This Stage

Comments: A complaint was received regarding a tree that had fallen from a neighbouring property damming the Mangawharawhara Stream. Inspection found that a large macrocarpa tree had fallen across the stream from the neighbouring property and was partially blocking the stream channel. Abatement Notice EAC 21322 was issued requiring the tree to be removed from the Mangawharawhara Stream. Reinspection to occur after 14 February 2017.

176 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

02 Oct 2016 3301-17-144 Sewage discharge - NPDC Complaint UFF_ Broad Spectrum Inspection Notice No Further Action IN/33754 - Poplar Grove, NP (53957) No Enforcement Action - Statutory defence

Comments: Notification was received from City Care that a sewage discharge had occurred as a result of underboring by Ultrafast Fibre installing fibre cabling to a residential property at Poplar Grove, New Plymouth. Directional drill underborers struck a sewage pipe underneath an access roadway. At the time of inspection repairs had been undertaken and no discharges were occurring. No environmental impacts were found.

03 Oct 2016 3301-17-146 Dairy effluent - Drought- TRC Staff Drought Family Trust, R2/1641-3 Inspection Notice No Further Action IN/33758 Opunake Compliance SM & AJ (17190) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During the annual dairy inspection round it was found that an oxidation pond system was not operating within resource consent conditions at Ihaia Road, Opunake. Abatement Notice EAC-21313 was issued requiring the discharge from the oxidation pond system to cease until resource consent conditions can be complied with at all times. Reinspection found the ponds were still overflowing to land and discharging into surface water. Reinspection the following day found that the ponds had been pumped down and no overflow or discharge to water was occurring. A variation to resource consent conditions has been applied for.

03 Oct 2016 3301-17-176 Dairy effluent - TRC Staff Whenuakura Farm R2/3285-2 Inspection Notice No Further Action IN/33809 Whenuakura Farm Ltd - Compliance Limited (37558) Abatement Notice At This Patea Monitoring Stage/Costs Recovered

Comments: During analysis of samples (12 October 2016), taken during the annual dairy inspection round (3 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Hukatere Road, Patea. Abatement Notice EAC-21338 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 9 December 2016.

177 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

03 Oct 2016 3301-17-177 Dairy effluent - Simson - TRC Staff Simson AC & DS Trusts R2/1109-3 Inspection Notice No Further Action IN/33810 Patea Compliance Partnership (15038) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (12 October 2016), taken during the annual dairy inspection round (3 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Kaharoa Road, Patea. Abatement Notice EAC-21343 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 14 December 2016.

03 Oct 2016 3301-17-178 Dairy effluent - Bellevue TRC Staff Bellevue Farming (2007) R2/0971-3 Inspection Notice No Further Action IN/33813 Farming Ltd - Patea Compliance Limited (30733) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (12 October 2016), taken during the annual dairy inspection round (3 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Kaharoa Road, Patea. Abatement Notice EAC-21341 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 14 December 2016.

04 Oct 2016 3301-17-174 Dairy effluent - Crawford TRC Staff Crawford Brothers R2/5302-1 Inspection Notice No Further Action IN/33807 Brothers Ltd - Patea Compliance Limited (34137) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During the analysis of samples (13 October 2016), taken during the annual dairy inspection round (4 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Putahi Road, Patea. Abatement Notice EAC-21337 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection will be undertaken after 9 December 2016.

178 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

05 Oct 2016 3301-17-179 Dairy effluent - Taikatu TRC Staff M & A Sayer Trusts R2/3709-2 Inspection Notice No Further Action IN/33811 Road - Manaia Compliance Partnership (12863) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (13 October 2016), taken during the annual dairy inspection round (5 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Taikatu Road, Manaia. Abatement Notice EAC-21342 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 30 November 2016.

05 Oct 2016 3301-17-183 Dairy Effluent - Cleaver - TRC Staff Juloss Partnership R2/3201-2 Inspection Notice No Further Action IN/33818 Eltham Compliance (20068) Abatement Notice At This Monitoring Ross & Julie Cleaver Stage/Costs (27263) Recovered

Comments: During analysis of samples (13 October 2016), taken during the annual dairy inspection round (5 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Hastings Road, Eltham. Abatement Notice EAC-21340 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 25 November 2016.

05 Oct 2016 3301-17-184 Dairy Effluent - McCallum - TRC Staff Peter McCallum (2249) R2/0689-2 Inspection Notice No Further Action IN/33821 Eltham Compliance Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (13 October 2016), taken during the annual dairy inspection round (5 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Hastings Road, Eltham. Abatement Notice EAC-21347 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 2 December 2016.

179 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

06 Oct 2016 3301-17-156 Sediment in Mangati TRC Staff By Pass Developments Inspection Notice No Further IN/33790 Stream - By Pass Compliance Ltd (28069) Abatement Notice Action/Costs Developments Monitoring Recovered

Comments: During unrelated monitoring it was found that a site was discharging sediment into a stream that was causing discolouration in the Mangati Stream. An inspection of the site found that clear stormwater was discharging from the site into the Mangati Stream, however it was evident that significant tracking of sediment had occurred earlier in the day. Samples were taken and it was found that there was a significant increase in suspended solids downstream of the site. An onsite meeting resulted in further silt controls being installed and current silt controls being upgraded. An abatement notice was issued requiring the contravention of Rule 26 of the Regional Fresh Water Plan for Taranaki to cease. Reinspection found the abatement notice was being complied with at the time of inspection.

06 Oct 2016 3301-17-167 Breach of consent - TRC Staff Tasman Oil Tools R2/4812-2 14 Day Letter No Further IN/33802 Tasman Tools - Bell Block Compliance Limited (10001) Action/Costs Monitoring Recovered

Comments: During analysis of a stormwater sample collected during wet weather it was found that the concentration of suspended solids discharging from the site exceeded parameters set by a resource consent condition, at De Havilland Drive, Bell Block. The Company have advised that they will engage a consultant to help identify the issues that are causing sediment to discharge offsite. Further silt controls have been installed. A letter of explanation was received. Further analysis found that the discharge of sediment was within the 5% margin of error and therefore no further action will be undertaken.

06 Oct 2016 3301-17-168 Breach of consent - GMP - TRC Staff Greymouth Petroleum R2/4664-3 14 Day Letter No Further IN/33803 Bell Block Compliance Acquisition Company Action/Costs Monitoring Limited (20495) Recovered

Comments: During analysis of stormwater samples collected during wet weather it was found that the concentration of suspended solid discharging from site exceeded parameters set by a resource consent condition, at De Havillan Drive, Bell Block. A letter of explanation has been received and accepted.

180 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

07 Oct 2016 3301-17-197 Dairy effluent - Capella TRC Staff Capella Farms (34937) R2/0322-3 Inspection Notice No Further Action IN/33853 Farms - Taikatu Road Compliance Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (19 October 2016), taken during the annual dairy inspection round (7 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Taikatu Road, Otakeho. Abatement Notice EAC-21355 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 30 November 2016.

08 Oct 2016 3301-17-159 Effluent spray drift - Proffitt Complaint Snowden Farm Co R2/2868-2 Inspection Notice No Further IN/33793 - SH3A (34751) 14 Day Letter Action/Costs No Enforcement Action - Recovered Statutory defence

Comments: A complaint was received concerning spray drift on SH3A from a dairy effluent irrigator at Mountain Road, Inglewood. Investigation found that spray drift from a spray irrigator had crossed the farm boundary and settled on SH3A road and roadside vegetation. The farmer immediately shifted the irrigator when notified. A letter of explanation was received. The farmer explained that that during regular youth gatherings nearby somebody was mischievously moving the irrigator during the night. The explanation was accepted.

10 Oct 2016 3301-17-162 Dairy effluent - Corrigan - TRC Staff Corrigan R & C Oaks R2/5145-2 Inspection Notice No Further IN/33796 Hawera Compliance Trusts Partnership Abatement Notice Action/Costs Monitoring (13438) Abatement Notice Recovered

Comments: During the annual dairy inspection round it was found that an oxidation pond system was not operating within resource consent conditions, at Nolan Road, Hawera. Abatement Notice EAC-21324 was issued requiring the discharge from the oxidation pond system to cease until resource consent conditions can be complied with at all times. Abatement Notice EAC-21325 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection found that both abatement notices were being complied with at the time of inspection.

181 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

10 Oct 2016 3301-17-193 Dairy effluent - Kokako TRC Staff Kokako Road Limited R2/4877-2 Inspection Notice No Further Action IN/33841 Road Ltd - Patea Compliance (50357) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (19 October 2016), taken during the annual dairy inspection round (10 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Kokako Road, Patea. Abatement Notice EAC-21349 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 16 December 2016.

11 Oct 2016 3301-17-194 Dairy effluent - Honeyfield - TRC Staff Ian Honeyfield Trust R2/1129-2 Inspection Notice No Further Action IN/33849 Patea Compliance (37545) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (19 October 2016), taken during the annual dairy inspection round (11 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, Patea Road, Patea. Abatement Notice EAC-21350 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection will be undertaken after 16 December 2016.

11 Oct 2016 3301-17-195 Dairy effluent - Kohinoor - TRC Staff Kohinoor Farms Limited R2/1343-3 Inspection Notice No Further Action IN/33851 Waverley Compliance (20596) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (19 October 2016), taken during the annual dairy inspection (11 October 2016), it was found that an oxidation pond system was not operating within consent conditions, at Kohi Road, Waverley. Abatement Notice EAC-21354 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection will be undertaken after 16 December 2016.

182 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

13 Oct 2016 3301-17-186 Dairy effluent - Baker- Complaint Coasthaven Trust R2/1059-2 Inspection Notice No Further IN/33808 Warea (31992) Abatement Notice Action/Costs Recovered

Comments: A complaint was received regarding dairy effluent discharging into surface water at Stent Road, Warea. Inspection found that the farm owner had excavated the end of the oxidation pond discharge pipe, which allowed effluent to discharge into surface water. The resource consent held is for discharge to land only. Abatement Notice EAC-21311 was issued requiring the discharge of dairy effluent to surface water to cease to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

13 Oct 2016 3301-17-185 Hydrocarbon-Solexin TRC Staff Solexin Industries R2/0436-3 Inspection Notice No Further IN/33819 Industry-Waitara Compliance Limited (10037) Action/Costs Monitoring Recovered

Comments: During routine monitoring it was found that a 1,000 litre storage container had broken on site, causing a discharge of hydrocarbons onto land adjacent to a waterbody where it was likely to enter water during rainfall. The site owner was instructed to clean up the hydrocarbons. A reinspection was undertaken and it was found that the site had been cleaned up and no contaminants reached any water body. A letter of explanation was received and accepted.

13 Oct 2016 3301-17-175 Dairy effluent - McFetridge TRC Staff Alistair Neil & Vicki R2/3501-2 Inspection Notice No Further Action IN/33827 - New Plymouth Compliance Shannon McFetridge Abatement Notice At This Monitoring (30563) Stage/Costs Recovered

Comments: During the annual dairy inspection it was found that a spray irrigation system was not operating within resource consent conditions, on Hursthouse Road, New Plymouth. Abatement Notice EAC-21344 was issued requiring works to be undertaken to the farm dairy effluent disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 18 November 2016.

183 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

14 Oct 2016 3301-17-212 Dairy Effluent -Mabin Farm TRC Staff Mabin Farm Trust R2/0448-3.0 Inspection Notice No Further Action IN/33880 Trust - Onaero Compliance (21402) Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (27 October 2016), taken during the annual dairy inspection round (14 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at Main North Road, Onaero. Abatement Notice EAC-21368 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 1 February 2017.

17 Oct 2016 3301-17-188 Agrichemical overspray - Complaint Mark & Helen Howells Inspection Notice No Further Action IN/33826 Tarata Road (3967) 14 Day Letter Tarata Helicopters Ltd 14 Day Letter (24813)

Comments: A complaint was received regarding agrichemicals from helicopter spraying which had drifted over a car and neighbouring properties on Tarata Road, Tarata. Investigation found that some minor spray damage had occurred along the roadside as a result of the spray drift. Letters of explanation were received and accepted.

19 Oct 2016 3301-17-196 Odour - Eustace - Colson Complaint Wayne Eustace (27866) Inspection Notice No Further Action IN/33852 Road, MP Original Pipe Traders Ltd (35521) No Enforcement Action - Statutory defence

Comments: A complaint was received regarding odour discharging beyond the boundary of a site used for processing sewage sludge and industrial wastes at Colson Road, New Plymouth. Odour surveys conducted beyond the site boundary found intermittently noticeable sewage and deodoriser odours which were not considered objectionable at the time. Site staff outlined that at the time the complaint was made, due to a blockage, a delivery truck had to vent the tank full of waste in order to clear the blockage.

184 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

19 Oct 2016 3301-17-200 Aviation fuel spil - Taranaki Complaint Taranaki Rescue Inspection Notice No Further IN/33891 Rescue Helicopter - New Helicopter Trust (14177) Action/Costs Plymouth Recovered

Comments: A complaint was received regarding a suspected aviation fuel spill from the Taranaki Rescue Helicopter site at Taranaki Base Hospital in New Plymouth. Inspection found a minor volume of hydrocarbon was discharging from soil on the site, into a buried drain. This discharge was as a result of a fuel aviation fuel spill which occurred approximately two months earlier. Booms and sorbent materials were deployed where the drain surfaces and the discharge was being monitored. No environmental effects were observed within the receiving waters.

19 Oct 2016 3301-17-222 Sewage discharge to Self-Notification New Plymouth District R2/0882-4 Inspection Notice No Further Action IN/33897 Huatoki- Pembroke Street Council (9565)

Comments: Self-notification was received regarding a sewage discharge into the Huatoki Stream at Pembroke Street, New Plymouth. Notification was received after the discharge had ceased. The discharge was caused by fat blocking the sewer main. The contingency plan was followed.

20 Oct 2016 3301-17-211 Dairy effluent - Jones - TRC Staff VR & HM Jones (11163) R2/1661-3 Inspection Notice No Further Action IN/33879 Stratford Compliance Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (27 October 2016), collected during the annual dairy inspection round (20 October 2016), it was found that an oxidation pond system was not operating within resource consent conditions, at East Road, Stratford. Abatement Notice EAC-21366 requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 12 December 2016.

185 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

21 Oct 2016 3301-17-216 Breach of consent - Molten TRC Staff Molten Metals Limited R2/9974-1.0 Inspection Notice No Further Action IN/33886 Metals - NP Compliance (24944) At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples, taken during routine monitoring, it was found that the stormwater discharge from a site used for scrap metal storage and processing, at Centennial Drive, New Plymouth, was non-compliant with resource consent conditions with regards to suspended solids. Prior to analysis of the samples, the company had installed further silt and sediment controls at the site. Reinspection found that the silt and sediment controls were effective. Follow-up sampling will assess the ongoing effectiveness of the silt and sediment controls.

21 Oct 2016 3301-17-220 Dairy Effluent - Maolla - TRC Staff Maolla Trust (16904) R2/7917-1 Inspection Notice No Further Action IN/33895 South Road Compliance Abatement Notice At This Monitoring Stage/Costs Recovered

Comments: During analysis of samples (2 November 2016), taken during the annual dairy inspection round (21 October 2016), it was found that the oxidation pond system was not operating within resource consent conditions, at South Road, Pihama. Abatement Notice EAC-21375 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken after 16 December 2016.

25 Oct 2016 3301-17-209 Breach of consent - Tranzit TRC Staff Tranzit Coach Lines R2/6890-1 Inspection Notice No Further IN/33888 - NP Compliance Taranaki Ltd (35914) Abatement Notice Action/Costs Monitoring Recovered

Comments: During routine compliance monitoring of storm water sample results it was discovered that the discharge from a transport depot wash-bay, at Sunley Street, New Plymouth, was non-compliant with resource consent conditions with regards to oil and grease and suspended solids. Prior to the sample results being reported the company had undertaken to have their interceptor system cleaned out. Follow-up sampling found the discharge to be compliant at the time of sampling. Due to the chemicals used in the wash-bay, the washings are to be directed to trade waste in future, as the interceptor system isn't likely to function properly when detergents and degreasers are used.

186 Consents and Regulatory Committee Tuesday 22 November 2016 - Incident Register

Non-Compliant incidents for the period 08 Aug 2016 to 31 Oct 2016

Incident Job Number Alleged Responsible Consent Incident Type Source Action Taken Recommendation Date / IRIS ID Party Number

28 Oct 2016 3301-17-227 Dairy effluent - Godwilling TRC Staff Brian & Jocelyn Hicks R2/1549-3 Inspection Notice No Further Action IN/33916 Partnership - Eltham Compliance (1918) Abatement Notice At This Monitoring Godwilling Partnership Stage/Costs (33854) Recovered

Comments: During analysis of samples (7 November 2016), taken during the annual dairy inspection round (28 October 2016), it was found that the oxidation pond was not operating within resource consent conditions, at Eltham Road, Eltham. Abatement Notice EAC-21379 was issued requiring works to be undertaken to ensure compliance with Resource Consent 1549-3. Reinspection will be undertaken after 9 January 2017.

31 Oct 2016 3301-17-217 Dairy effluent - Dunlop - TRC Staff RJC & JM Dunlop R2/3706-2.1 Inspection Notice No Further Action IN/33893 Hawera Compliance Partnership (22812) Abatement Notice At This Monitoring RJC & JM Dunlop Stage/Costs (52228) Recovered

Comments: During the annual dairy inspection round it was found that an oxidation pond system was not operating within resource consent conditions, at Ohawe Road, Hawera. Abatement Notice EAC-21373 was issued requiring works to be undertaken to the farm dairy effluent treatment and disposal system to ensure compliance with resource consent conditions. Reinspection to be undertaken to 6 January 2016.

187 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - S Fisher, R & F Farms Limited, R Collingwood and Collingwood Civil Limited

Agenda Memorandum

Date 22 November 2015

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Prosecution Sentencing Decision – S Fisher, R&F Farms Ltd, R Collingwood and Collingwood Civil Ltd

Item: 7

Approved by: A D McLay, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 1752565

Purpose The purpose of this memorandum is to update Members on the prosecution of Mr S Fisher, R&F Farms Ltd, Mr R Collingwood and Collingwood Civil Ltd for breaches of the Regional Fresh Water Plan for Taranaki for the discharges of unauthorised materials onto and into land where it was likely to enter ground and surface water in December 2015.

Background The incident reports were considered by the Chief Executive, acting under delegated authority from the Council, and the decision to prosecute was presented to Council.

There has been a history of illegal dumping on farm properties in the area where the Council has undertaken enforcement action.

Incident In summary, the prosecution relates to Mr Fisher (R&F Farms) and Mr Collingwood (Collingwood Civil Ltd) failing to take all practicable steps to prevent and mitigate against the discharge of unauthorised materials onto and into land where it was likely to enter water. Abatement notices were subsequently issued which required the dumping of unauthorised materials to cease. The abatement notices were complied with.

A further abatement notice was issued requiring an engineers report to be supplied, designing the capping of the dump site, a treatment for the discharge of water and contaminants that might discharge from beneath the tip face and stormwater from the surface of the capped area.

188 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - S Fisher, R & F Farms Limited, R Collingwood and Collingwood Civil Limited

Prosecution update

One charge was laid against Mr Fisher and one charge against R & F Farms Ltd. Two charges were laid against Mr Collingwood and two charges against Collingwood Civil Ltd. A total of six charges were laid.

All parties pleaded guilty to the charges. Sentencing was passed on 26 August 2016 and notes of Judge CJ Thompson on sentencing are attached.

Mr Fisher and R & F Farms Ltd were each fined $15,000 for each charge ($30,000 total).

Mr Collingwood and Collingwood Civil Ltd were each fined $7,500 for each charge ($30,000 total).

Recommendation That the Taranaki Regional Council: 1. receives this report and notes the successful outcome of the prosecution against Mr S Fisher, R&F Farms, Mr R Collingwood and Collingwood Civil Ltd.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/attachments Document # 1741556 – Mead–Sentencing notes-26-08-16

189 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - S Fisher, R & F Farms Limited, R Collingwood and Collingwood Civil Limited

190 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - S Fisher, R & F Farms Limited, R Collingwood and Collingwood Civil Limited

191 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - S Fisher, R & F Farms Limited, R Collingwood and Collingwood Civil Limited

192 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - S Fisher, R & F Farms Limited, R Collingwood and Collingwood Civil Limited

193 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - S Fisher, R & F Farms Limited, R Collingwood and Collingwood Civil Limited

194 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - S Fisher, R & F Farms Limited, R Collingwood and Collingwood Civil Limited

195 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - S Fisher, R & F Farms Limited, R Collingwood and Collingwood Civil Limited

196 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - J Mead

Agenda Memorandum

Date 22 November 2016

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Prosecution Sentencing Decision – J Mead

Item: 8

Approved by: A D McLay, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 1752453

Purpose The purpose of this memorandum is to update Members on the prosecution of Mr J Mead for a breach of the Regional Fresh Water Plan for Taranaki for the discharge of dairy effluent onto and into land where it was likely to enter ground water between June and October 2015.

Background The incident reports were considered by the Chief Executive, acting under delegated authority from the Council, and the decision to prosecute was presented to Council.

Incident In summary, the prosecution relates to Mr Mead failing to take all practicable steps to prevent and mitigate against the discharge of farm dairy effluent from a sump to discharge onto and into land where it was likely to enter ground water. Abatement notices were subsequently issued which required Mr Mead to undertake remedial actions. The abatement notices were eventually complied with.

Prosecution update

One charge was laid against Mr Mead for an offence against section 15(1)(b) of the RMA between June and October 2015.

Mr Mead pleaded guilty to the charge. Sentencing was passed on 26 August 2016 and notes of Judge CJ Thompson on sentencing are attached.

Mr Mead was fined $50,000 for the charge.

197 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - J Mead

Recommendation That the Taranaki Regional Council: 1. receives this report and notes the successful outcome of the prosecution against Mr J Mead.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/attachments Document # 1741551 – Mead–Sentencing notes-26-08-16

198 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - J Mead

199 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - J Mead

200 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - J Mead

201 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - J Mead

202 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - J Mead

203 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - C Boyd

Agenda Memorandum

Date 22 November 2016

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Prosecution Sentencing Decision – C Boyd

Item: 9

Approved by: A D McLay, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 1752608

Purpose The purpose of this memorandum is to update Members on the prosecution of Mr C Boyd for a breach of the Regional Fresh Water Plan for Taranaki for unauthorised earthworks undertaken in and around the Mangatengahu Stream on his property in November 2013.

Background The incident reports were considered by the Chief Executive, acting under delegated authority from the Council, and the decision to prosecute was presented to Council.

Incident In summary, the prosecution relates to Mr Boyd failing to take all practicable steps to prevent and mitigate against the damage to habitats in or on the bed of a river, discharge of silt and sediment into water, reclamation of the bed of a river, disturbing the bed of a river, diverting water draining the bed of a river and depositing substances in the bed of a river.

Abatement notices were subsequently issued which required the earthworks to cease and for silt and sediment controls to be installed. The abatement notices were complied with. An enforcement order was sought and agreed to by Mr Boyd. The enforcement order was not complied with.

Prosecution update

Eight charges were laid against Mr Boyd.

Mr Boyd pleaded not guilty and elected trial by jury. In such cases the Crown take the case over but do not get a percentage of the fine, which still goes to this Council to meet its costs.

The trial by jury was held May 2016, where Mr Boyd was convicted on all eight charges.

Mr Boyd was fined $7,500 for each of the eight charges ($60,000 in total)

204 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - C Boyd

Recommendation That the Taranaki Regional Council: 1. receives this report and notes the successful outcome of the prosecution against Mr C Boyd.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/attachments Document # 1748311 – Boyd–Sentencing notes-26-08-16

205 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - C Boyd

206 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - C Boyd

207 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - C Boyd

208 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - C Boyd

209 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - C Boyd

210 Consents and Regulatory Committee Tuesday 22 November 2016 - Prosecution Sentencing Decision - C Boyd

211 Consents and Regulatory Committee Tuesday 22 November 2016 - General Business

Consents and Regulatory Committee General Business

212 Consents and Regulatory Committee Tuesday 22 November 2016 - Public Excluded

Consents and Regulatory Committee Public Excluded

In accordance with section 48(1) of the Local Government Official Information and Meetings Act 1986, the public is excluded from the following part of the proceedings of the Consents and Regulatory Committee Meeting on Tuesday 22 November 2016 for the following reason/s:

Item 12 - Receipt of Confidential Minutes Consents and Regulatory Committee - 30 August 2016

213

Agenda reports

Consents and Regulatory Committee, November 2016

Item 4: Consent monitoring reports

RKM Farms piggery (260 KB)

ANZCO Foods Waitara (655 KB)

Taranaki Galvanizers (510 KB)

NPDC Crematorium (350 KB)

Patea Hydro Scheme (1.1 MB)

Waitaha catchment (2.8 MB)

NPDC Colson Road Landfill (2 MB)

STDC landfills (1.6 MB)

Stratford landfills (995 KB)

Kupe Production Station (1.3 MB)

Origin Energy Rimu Production Station (502 KB)

Cheal Production Station (731 KB)

TAG Oil Sidewinder Production Station (1 MB)

TWN Waihapa Production Station (1.2 MB)

Todd Energy Ltd Deep Well Injection (1 MB)

BTW Company Ltd Wellington Landfarm (3.2 MB)

Vanner Landfarm (1.5 MB)

Document Number: 1760474

Inglewood Metal Ltd (790 KB)

NPDC Inglewood Oxidation Ponds (836 KB)

Port Taranaki industries (890 KB)

Trustpower Ltd Mangorei Hydro Scheme (637 KB)

Hawera Municipal Oxidation Ponds (3.3 MB)

Tawhiti Catchment (1.6 MB)

NZ Pure Bred Genetics Ltd Piggery (515 KB)

Mangati Catchment (2.8 MB)

Fonterra Kapuni (3.8 MB)

STDC Coastal Structures (2.2 MB)

Osflo Fertiliser Ltd (705 KB)

Document Number: 1760474