Waste for Otago (The Omnibus Plan Change)

Key Issues Report Plan Change 8 to the Regional Plan: Water for Otago and Plan Change 1 to the Regional Plan: Waste for Otago (The Omnibus Plan Change)

Appendices

Appendix A: Minster’s direction matter to be called in to the environment court

Appendix B: Letter from EPA commissioning the report

Appendix C: Minister’s letter in response to the Skelton report

Appendix D: Skelton report

Appendix E: ORC’s letter in responding to the Minister with work programme

Appendix F: Relevant sections of the Regional Plan: Water for Otago

Appendix G: Relevant sections of the Regional Plan: Waste for Otago

Appendix H: Relevant provisions of the Resource Management Act 1991

Appendix I: National Policy Statement for Freshwater Management 2020

Appendix J: Relevant provisions of the National Environmental Standards for Freshwater 2020

Appendix K: Relevant provisions of the Resource Management (Stock Exclusion) Regulations 2020

Appendix L: Relevant provisions of Otago Regional Council Plans and Regional Policy Statements

Appendix M: Relevant provisions of Iwi management plans APPENDIX A

Ministerial direction to refer the Otago Regional Council’s proposed Omnibus Plan Change to its Regional Plans to the Environment Court

Having had regard to all the relevant factors, I consider that the matters requested to be called in by Otago Regional Council (ORC), being the proposed Omnibus Plan Change (comprised of Water Plan Change 8 – Discharge Management, and Waste Plan Change 1 – Dust Suppressants and Landfills) to its relevant regional plans are part of a proposal of national significance. Under section 142(2) of the Resource Management Act 1991 (RMA), I direct those matters to be referred to the Environment Court for decision.

My reasons are as follows: National Significance

I consider the matters are part of a proposal of national significance having given regard to the following relevant factors in section 142(3) of the RMA:

a) The issues the plan changes aim to address have aroused widespread public concern or interest regarding their actual or likely effect on the environment, as indicated by the Skelton Investigation;

b) The plan changes involve or are likely to involve the significant use of natural and physical resources while managing the impact of that use on the environment;

c) The plan changes affect or are likely to affect areas of national significance noting that Otago freshwater catchments provide a habitat for a suite of nationally important non-migratory Galaxias taxas; d) The plan changes are part of the ORC’s programme to give effect to the National Policy Statement on Freshwater Management; e) Failure to implement the plan changes has the potential to result in significant and irreversible changes to the environment; f) The plan changes are or are likely to be significant in terms of section 8 of the RMA given they are likely to be of high interest to Iwi because of the significance of freshwater management to Māori; and g) The plan changes will affect more than one district given that they will apply across the whole Otago region. Direction to the Environment Court I direct that the proposed Omnibus Plan Change be referred to the Environment Court for decision because:

a) Calling in the related plan changes as parts of a proposal of national significance for a decision at the same time would:

i. assist the Otago Regional Council by allowing its staff to focus on developing a new Land and Water Regional Plan; and

ii. avoid potential delays associated with the Schedule 1 process of the RMA that could complicate the development of a new Land and Water Regional Plan.

b) The current COVID-19 situation would make the appointment of suitable members to a board of inquiry difficult in a short timeframe whereas the Environment Court process would provide surety in terms of progressing a decision on the matters. Page 1 of 2 In reaching my decision I considered: a) The Environmental Protection Authority recommendation that I refer the matters to the Environment Court; b) The views of the Otago Regional Council, being the applicant and the relevant local authority that would have processed and decided the matters if I had not directed that they be referred to the Environment Court for decision; and c) The capacity of the Otago Regional Council to process the matters.

Dated at Auckland this 8th day of April 2020

Hon David Parker Minister for the Environment

Page 2 of 2

APPENDIX B

File ref: NSP 45

15 September 2020

Gwyneth Elsum General Manager, Strategy, Policy and Science Private Bag 63002 Otago Regional Council Wellington 6140, New Zealand Private Bag 1954 Level 10, Grant Thornton House Dunedin 9054 215 Lambton Quay New Zealand Wellington 6011, New Zealand epa.govt.nz +64 4 916 2426 By email: [email protected]; [email protected]

Dear Ms Elsum

Omnibus Plan Change – Section 149G(3) Report

Further to our letter of 1 July 2020, the purpose of this letter is to formally commission the Otago Regional Council to prepare a Key Issue Report under section 149G(3) of the Resource Management Act 1991 (RMA) for the Omnibus Plan Change.

The scope for the report is outlined below and has been informed by discussions with Judge Borthwick, Philip Maw and Peter Constantine:

Scope of Key Issues Report

Pursuant to section 149G(3) of the Resource Management Act 1991, the EPA commissions the Otago Regional Council to prepare a report on the key issues in relation to Plan Change 8 (Discharge Management) to the Regional Plan: Water for Otago and Plan Change 1 (Dust Suppressants and Landfills) to the Regional Plan: Waste for Otago (Omnibus Plan Change) that includes:

 A summary of the state of the environment in the Otago Region as it relates to the Omnibus Plan Change;  A summary of the current planning framework in the Otago Region as it relates to the Omnibus Plan Change;  A description of the resource management issue(s) presented by the state of the environment and current planning framework that needs to be resolved;  A summary of the higher order planning and policy instruments relevant to the Omnibus Plan Change with a list of the relevant provisions of any relevant national policy statement, New Zealand Coastal Policy Statement, national planning standard, regional policy statement or proposed regional policy statement, plan or proposed plan to be appended to the report. NB: Where relevant, this section should include the section 24A (RMA) recommendations made by the Minister for the Environment - (18 November 2019) and agreed to by ORC (16 December 2019), and instruments that have come into effect after preparation of the plan change, such as: o National Policy Statement for Freshwater Management (NPS-FM) - came into effect 3 September 2020 o National Environmental Standards for Freshwater (NESF) - came into effect 3 September 2020 (except for some exceptions that have later deadlines) o Freshwater Planning Process (FPP) - came into effect via Section 80A of the Resource Management Amendment Act 2020 on 30 June 2020; and

 A description of the solution proposed by the Omnibus Plan Change.

Please contact Jillian Kennemore on mobile: 027 641 7250 or by email [email protected] if you have any questions.

Yours sincerely

Terry Calmeyer Acting Manager Land and Oceans Applications - Regulatory Systems and Operational Policy

2 APPENDIX C

APAPPENDIX D

Investigation of Freshwater Management and Allocation Functions at Otago Regional Council

Report to the Minister for the Environment by Professor Peter Skelton CNZM; D.Nat.Res (Hon); LLB; FEIANZ

1 October 2019

Acknowledgements Peter Skelton wishes to acknowledge the considerable assistance he has received from Ministry for the Environment officials Robert McClean, Carly O’Connor and Rowan Taylor in both the investigation work and the preparation of this report.

This document may be cited as: Skelton, Peter (2019) Investigation of Freshwater Management and Allocation Functions at Otago Regional Council - Report to the Minister for the Environment. Wellington: Ministry for the Environment.

Cover photo: Falls Dam and the Hawkdun Range, Central Otago (R McClean, 25 June 2019)

Published (publication details to be confirmed) Ministry for the Environment Manatū Mō Te Taiao PO Box 10362, Wellington 6143, New Zealand ISBN: ISBN print version (print) ISBN online version (online) Publication number: MfE – to be confirmed © Crown copyright New Zealand 2019

This document is to be made available on the Ministry for the Environment website: www.mfe.govt.nz.

iii

Contents

Executive Summary 7

Introduction 9

Deemed permits 14

Overview of the Otago planning framework 17 The Otago Regional Policy Statement 18 Regional Plan: Water for Otago 21

Current Council capacity and capability 26

Kāi Tahu perspectives 29

Stakeholder perspectives 31

Findings and recommendations 34 Recommendations 38

Appendix 1 40

Letter of Engagement 40

Appendix 2 41

Letter of extension 41

Appendix 3 42 Terms of Reference for Section 24A Investigation of Otago Regional Council Performance under the Resource Management Act 1991 42

Appendix 4 44 The list of interviewees 44

Appendix 4 45 The list of interviewees - continued 45

Appendix 5 46 History of regulation – the Otago mining privileges 46 Mining Privileges under the RMA 53 Extract from Rules and Regulations of the Otago Goldfields 1862 55

Appendix 6 59 Summary of the state of the freshwater environment for the Manuherekia, Arrow, Cardrona, and Taieri catchments 59

Appendix 7 Regional Plan: Water 73

Executive Summary

The Otago region is at a critical juncture for freshwater planning. Existing planning provisions to manage freshwater are inadequate and the expiry of the Otago mining privileges (deemed permits) is only two years away. There are also growing challenges for the state of the freshwater resource in Otago in view of the high level of water abstraction and the significant alteration of natural flows, ecosystems and habitat for indigenous flora and fauna. The Minister for the Environment has asked me to investigate the freshwater management and allocation functions exercised by the Otago Regional Council. This report provides an overview of the state of the planning regime for freshwater in Otago. It examines the existing Regional Policy Statement and the existing Water Plan, and the Council’s organisational capability and capacity. The investigation has been informed by input from the Otago Regional Council, including its Chief Executive and staff; Aukaha (representing Kāi Tahu); and a range of stakeholders, including local farmers and water users, environmental groups, the Department of Conservation (DOC), Federated Farmers, the Otago Fish and Game Council, and two district council mayors. The immediate issue facing the Council is the challenge of developing a fit for purpose planning framework ahead of the expiry of the deemed water permits on 1 October 2021. It will be important to complete a new regional policy statement and a new land and water regional plan before undertaking the assessment of any new or replacement water consent applications. This will enable applications to be considered under the new freshwater planning framework and will halt the current unsatisfactory situation of ad hoc ‘planning by consent’. This report recommends a pathway for achieving this. In the interim, I consider the Minister for the Environment should recommend that the Otago Regional Council gives high priority to a planning process (which it has already commenced) to provide short- term measures for managing freshwater until the new regional policy statement and the new land and water regional plan are completed. This includes Plan Change 6AA, the Omnibus Plan Change, and a robust resource consenting regime which will avoid the granting of long term consents during this interim period. While interim measures are necessary, the major focus of the Council should be the significant upgrade of the planning framework. I consider that the Minister for the Environment should recommend to the Otago Regional Council that it takes all necessary steps to develop a fit-for-purpose freshwater management planning regime. This regime should give effect to the relevant national instruments and set a coherent framework for assessing all water consent applications, including those that are made to replace any deemed permits. To achieve this, the Minister should recommend that the Otago Regional Council adopts a comprehensive programme of work which will involve a complete review of the Regional Policy Statement by November 2020, and a new land and water regional plan by 31 December 2023. It will be essential that the Council’s policy and planning programme remains on track. To ensure that this occurs, I recommend that the Otago Regional Council provides 6-monthly progress reports to the Minister summarising the:  organisational capability and capacity in science, planning, consenting, monitoring, enforcement and land management  development of the new regional policy statement and new land and water regional

plan, and  freshwater consenting activity. A comprehensive freshwater planning framework, however, will not be in place before the deemed permits expire. I am therefore recommending that the Minister for the Environment initiates the necessary legislative process to change the date for expiry of the deemed permits in section 413(3) of the Resource Management Act 1991 from 1 October 2021 to 31 December 2025. This will ensure that the replacement consent applications are assessed against a robust policy framework. Since this inquiry began, I have noted a significant change for the better in the way the Otago Regional Council and the stakeholders are now working together towards developing an effective and sustainable freshwater management framework in the region. In particular, I have observed the way the Council and Kāi Tahu are developing a close partnership relationship.

Introduction

Letter of appointment By letter dated 16 May 2019, I have been engaged by the Hon David Parker, Minister for the Environment (the Minister), acting under section 24A of the Resource Management Act 1991 (the Act or the RMA), to investigate whether the Otago Regional Council (the Council or ORC) is adequately carrying out its functions under section 30(1) of the RMA in relation to freshwater management and allocation of resources. This includes implementation of the current National Policy Statement for Freshwater Management 2017 (NPS-FM). A copy of the letter of appointment is attached to this report as Appendix 1.

Timeline In a subsequent letter, dated 2 September 2019, the Minister agreed to my request for the report back time to be extended to 1 October 2019 (copy attached as Appendix 2).

My role For transparency, I wish to make it clear that, while I am an appointed Councillor on the Canterbury Regional Council, I have undertaken this investigation in my private capacity. My Regional Council responsibilities, together with my former roles as an Environment Court Judge and a university Professor of Environmental Law, are relevant only insofar as they have enabled me to bring certain insights and experience to the investigation.

Council co-operation In carrying out this investigation, I have had free access to all relevant Council information, including a large number of documents. I have also had the full co-operation of Otago Regional Councillors and staff, and I am confident that I have been able to make all the necessary inquiries to enable me to complete this investigation.

Focus of the investigation The Minister wants to know if the Council has, or will have, an RMA-compliant planning and consenting framework in place to process and make decisions on new water permit applications by 1 October 2021. This is when the region’s remaining 356 historic deemed permits expire, together with approximately 180 standard water permits. This investigation has therefore focused on the Council’s Regional Plan: Water for Otago (the Water Plan) and its associated documents and processes, including the Regional Policy Statement (RPS) and the Council’s science, plan-making, and consenting capacities. The Terms of Reference for the investigation are set out in Appendix 3.

Scope of the investigation The investigation centres on the Manuherekia, Arrow, and Cardrona (MAC) river catchments. However, it also considers the need for an RMA-compliant water planning and consenting regime across all Otago catchments, particularly where deemed permits and over-allocation occur together, as in the Taieri catchment. 9

The investigation has examined: 1. the adequacy of the current planning framework from an RMA and NPS-FM standpoint 2. the adequacy of the performance by the Council of functions relating to planning for the management of water quality and water quantity issues in the Otago Region 3. whether, in the Manuherekia, Upper Cardrona and Arrow catchments, the planning framework will be appropriate and sufficient to consider applications for new water permits once deemed permits expire 4. the adequacy of the Council’s resources, including its capacity to develop and implement an adequate planning framework that gives effect to the NPS-FM 5. the views of Kāi Tahu and stakeholders.

The investigation has involved reviewing relevant documents and interviewing a range of relevant Council staff, Aukaha staff (representing Kāi Tahu), stakeholders and interested parties. Appendix 4 to this report lists the people I have interviewed either in person or by telephone for the purposes of compiling this report. The process included: 1. a context-setting field trip to the Manuherekia catchment accompanied by Council staff 2. two Council workshop sessions to inform and update Councillors about the investigation and seek their views 3. various workshops and discussions with Council staff, including the chief executive, policy, strategy, science and planning managers and senior policy, planning and science staff 4. discussions with Aukaha, representing Kāi Tahu 5. discussions with the following stakeholders and interested parties: (a) Department of Conservation (b) Federated Farmers Otago (c) Otago Fish and Game Council (d) Central Otago District Council (the Mayor) (e) Waitaki District Council (the Mayor) (f) Otago Water Resource Users Group (g) Central Otago Winegrowers (h) Manuherekia Catchment Water Strategy Group (former Chair) (i) Upper Clutha Water Group (j) Irrigation NZ, plus local irrigators and their consultants (k) Central Otago Environmental Society (l) An unaffiliated Manuherekia resident and author

Term of investigation The investigation began on 25 June 2019 and has been completed with the presentation of this report to the Minister on 1 October 2019.

Context

Managing freshwater quality, quantity and ecology The freshwater in our streams, rivers, lakes and aquifers is a national treasure which needs to be carefully managed to ensure that it can continue to meet a multiplicity of needs without becoming degraded or depleted. These include the habitat needs of our first freshwater users, the indigenous fish, fowl and invertebrates, and the more recent demands created by human activities, such as the need for clean drinking water, recreation, hydroelectricity generation, and farm irrigation. The task of managing these needs and demands is challenging. One set of challenges relates to water quality. It requires the management of nutrient discharges, sediment and other water contaminants that arise from human activity. Another set of challenges relates to water quantity. It requires measures to ensure that the amount of water extracted for human use does not endanger the minimum flow needed for ecological processes, such as providing habitat for wildlife, and for recreational use. These are pressing issues throughout much of New Zealand and particularly in Otago where tension exists between historic water use and current attempts to manage it. Hence this investigation. Responsibilities for managing water quality, and for setting minimum flow levels and allocating water takes, are set down in New Zealand’s major planning statute, the Resource Management Act 1991 (RMA).

RMA planning regime Under the planning regime introduced by the RMA in 1991, the use of natural and physical resources is managed by regional and district councils. They do this through objectives, policies, rules and other methods specified by regional policy statements (RPS), regional plans, and district plans – in that order. This hierarchical set of policies and plans determines which activities or environmental effects are permitted and which are not. Those which are not permitted may only be undertaken pursuant to a resource consent which stipulates conditions that the consent holder must comply with in order to avoid, remedy or mitigate particular adverse environmental effects. In Otago, the Otago Regional Council is responsible for managing freshwater in approximately one hundred catchments. These include New Zealand’s second and fourth longest rivers, the Mata-Au (Clutha) and the Taieri; and many small catchments with names like Gentle Annie, Dead Horse Creek, and Poison Creek.

National Policy Statement for Freshwater Management (NPS-FM) Where matters of national significance are involved, the RMA authorises the Minister to direct councils to set relevant environmental objectives, policies and rules. This national direction is achieved through national policy statements (NPS) and national environmental standards (NES). In 2011, the then Minister for the Environment established an NPS-FM which has since been revised twice, with a further revision pending Regional water plans are required, by 2025, to show mapped areas called freshwater management units (FMUs) and, for each, to define its important values and set clear objectives and limits for water quality and quantity. These must comply with the detailed requirements of the NPS-FM, and councils must report annually on their progress towards this in progressive implementation programme reports (PIPs).

The Essential Freshwater package On 5 September 2019, the Government proposed some further changes to the way water is managed under the RMA. The proposed Essential Freshwater package includes a revised NPS-FM and a new NES for freshwater, which together will:  strengthen Te Mana o Te Wai as the framework for freshwater management  better provide for ecosystem health (water, fish and plant life)  better protect wetlands and estuaries  better manage stormwater and wastewater, and protect sources of drinking water  control high-risk farming activities and limit agricultural intensification  improve farm management practices.

Resource Management Amendment Bill – freshwater hearings panel On 23 September 2019 the Government introduced the Resource Management Amendment Bill. This Bill provides for a chief freshwater commissioner who will convene freshwater hearings panels to conduct public hearings of submissions on freshwater policies and plans prepared to give effect to the new NPS-FM. The freshwater policies and plans are required to be notified by 31 December 2023.

Implication of revised national direction and legislation These recent changes require all councils to impose tighter controls on freshwater management and to accelerate all policy and plan changes needed to give effect to the NPS-FM by 31 December 2025. The implication for ORC is that the consideration of any applications for replacements of the deemed permits by 1 October 2021 will now have to take place within the context of a more accelerated and intensive programme of NPS-FM-driven plan changes working to shorter deadlines than previously.

Regional Plan: Water for Otago In its 2018 PIP, the Council indicated that its Water Plan does not yet give effect to the 2017 NPS-FM but is expected to do so by 2025, consequent on a series of plan changes. However, in the Ministry for the Environment’s summary of all PIPs from councils across the country it is noted that ORC’s compliance with the NPS-FM by 2025 might not be able to be achieved given the amount of work the Council has yet to do.

Currently, most of Otago’s 100 or so catchments are, by the Council’s own estimation, over-allocated. This means the permits for water abstraction in those catchments allow more water in total to be taken than the catchment can sustain without adverse environmental effects. The Water Plan’s Schedule 2 sets minimum flow and allocation limits for only 14 catchments, with the rest covered by comparatively permissive region-wide rules which set the default minimum flow at 50 per cent of mean annual low flow (MALF) – well below the national average of 75 per cent MALF.

Significantly, these rules do not apply to about a third of Otago’s water takes which are authorised by the historic deemed permits. These are not subject to any of the Water Plan’s allocation restrictions (see ‘deemed permits’ section below).

The Water Plan became operative in 2004 and has had 15 plan changes since then (see Appendix 7). Four of these plan changes set minimum flow and allocation limits for some of the larger catchments (e.g. the Taieri, upper Manuherekia, Luggate, and Pomahaka). The most recent of the plan changes (PC5A - Lindis: Integrated water management) was notified in 2013 and is still under appeal in the Environment Court where appellants have disputed its proposed minimum flow limit.

Another plan change (PC6A) on water quality became operative in 2014 but also provided for a deferment of the rules for limiting nutrient discharges until April 2020 in order to give water users time to adapt. The Council is now proposing to extend this deferment period through a new plan change (PC6AA) after recently identifying implementation problems with these rules. PC6AA will defer the nutrient rules until April 2026.

In the meantime, the Council intends to notify another plan change, known as the Omnibus Plan Change, in March 2020. This will, among other things, provide some interim water quality provisions to address some of the deficiencies in PC6A, and will also provide interim policy guidance for the issuing of freshwater resource consents. In 2018, proposed plan change (PC7) would have set minimum flow and allocation limits in three Central Otago catchments (Manuherekia, Arrow, and Cardrona). It was withdrawn by the Council amid concerns from both water users and Council staff that the limits were not based on robust hydrological data and models. The decision to withdraw the plan change was not unanimous, and was opposed by Kāi Tahu and some environmental stakeholders whose view was that PC7 is a step in the right direction which would be able to be improved by future plan changes. However, I consider this withdrawal was a responsible course of action to take, given the scientific uncertainty which is now being addressed. The Council has engaged the National Institute of Water and Atmospheric Research (NIWA) to provide an improved flow model for the Manuherekia catchment, referred to as the Cumulative Hydrological Effects Simulator (CHES) Model. It has expressed the intention of notifying plan changes for the three Central Otago catchments as soon as the data and modelling permit. Even with these proposed and actual changes, however, a number of NPS-FM requirements will still not be addressed by the Water Plan. Further plan changes will be needed before all of the region’s catchments are covered by FMU management plans with values, objectives and limits for minimum flow levels, allocation and water quality attributes. The Council has recently completed the first stage of this work by dividing the region into eight FMUs which cover all of its catchments, and further subdividing some of these into rohes, or sub-FMUs. However, the Council has still to develop, in consultation with Kāi Tahu and the FMU communities, a full set of values, objectives and limits for each FMU and rohe and to then incorporate these via plan changes into the Water Plan. That work is now beginning in some FMUs, with, for example, a community meeting held on 25 September 2019 to discuss water values in the Manuherekia rohe.

Deemed permits

In addition to the 1,400 or so water takes authorised by 883 resource consents in Otago, there are nearly 600 further water takes authorised by 356 deemed permits. Prior to the RMA, these permits were known as “mining privileges” and were held as a property right (see Appendix 5: History of Regulations - the Otago Mining Privileges). Under section 413(3) of the RMA1, all of these permits will expire on 1 October 2021. Many of their owners are expected to apply for replacement resource consents at least six months before then. As things currently stand, in catchments without specific flow and allocation limits, the replacement applications would have to be assessed under the Water Plan’s default limits which may not be adequate to control environmental effects in a number of catchments. The first mining privileges were established in 1858 to give gold-miners access to water and adjacent land for sluicing purposes. Later, they were re-purposed for farm irrigation. During the first half of the twentieth century, many mining privilege licences were acquired by the Government to enable economic development and employment creation through large-scale irrigation and dam construction works, such as the Falls Dam and the irrigation network in the Manuherekia catchment. While some mining privileges remained in private hands, by the 1980s, most belonged to the Crown. Over time, the statutes governing mining privileges shifted from various mining acts and amendments to the Public Works Act, then the Water and Soil Conservation Act 1967 and finally, in 1991, the RMA. This final transition occurred during the economic liberalisation of the 1980s and early 1990s when the Crown was privatising public assets, including irrigation infrastructure. The Crown’s mining privilege licences were sold to local farmers and private irrigation companies who, to protect their investment, negotiated a 30-year exemption from any restrictions that might have been imposed under the impending RMA. When the RMA came into effect, it provided for the mining privilege water takes as deemed water permits - as distinct from standard RMA water and discharge permits - and ensured the continuation of their mining privilege conditions until the expiry date of 1 October 2021. Until that expiry date, the RMA requires decisions on any replacement resource consents to have regard to the previous deemed permit water right. Any plan change, during this time, which reduces a deemed permit water right may only be instigated by the permit holder. Permit holders who consider that their right to take or discharge water has been infringed by the Council may seek compensation up to, but not beyond, the expiry date. In Otago, several hundred deemed permits were replaced by resource consents in the period leading up to the adoption of the Water Plan in 2004. In the absence of catchment-level flow and allocation limits, many of these consents were issued with relatively permissive conditions, often for terms of 30-35 years. This has continued piecemeal to the present day. Two water permits issued earlier this year have 35-year terms extending to 2054. The Council’s consenting team has recently indicated that, where there are no catchment-specific flow and allocation limits, it now intends to limit replacement consent terms to 5-10 years, on a case by case basis. However, many permit-holders still expect 25-35 year consents and, at present, there is no plan rule limiting consent terms. Since the Water Plan became operative in 2004, the Council has promoted a policy of “use it or lose

1 “Every deemed permit resulting from a mining privilege under subsection (1)(c) or (d) shall be deemed to include a condition to the effect that it finally expires on the 30th anniversary of the date of commencement of this Act.”

it”, encouraging the remaining deemed permit holders to use their water in order to demonstrate their volume of ‘historic’ usage when they apply to replace the permits. In some catchments, notably the Manuherekia, this “use it or lose it” message has reportedly had the effect of encouraging increased usage, including wasteful usage. The Water Plan also has an “efficient use” requirement which has reportedly encouraged some deemed permit holders to shift away from flood or border dyke irrigation to more sophisticated spray and pivot irrigation, the funding of which requires greater productivity from more intensive land and water use. Dairy farming, for example, has increased in the Manuherekia from no dairy platforms in 2008 to at least 15 (refer to Table 1 below) now identified in the Agribase2 database.

Table 1: Otago catchments with the most deemed permits (as at 17 September 2019) and number of dairy farms in the region

Catchments with Deemed RMA Water Median Expiry Date Whether Whether subject Dairy deemed permits Permits Permits of RMA water over- to Schedule 2 farms (takes) (takes) permits allocated allocation and flow limits

Taieri 74 160 2037 Yes Yes 76 (103) (233) (2019-2023) Manuherekia 71 122 2023 Yes Yes (part of river 15 (124) (225) (2019-2052) - Falls Dam to Ophir) Lindis 19 17 2029 Yes Pending 0 (31) (28) (2021-2043) (notified and under appeal) Cardrona 14 31 2038 No Yes 0 (27) (55) (2020-2050) Lowburn Creek 13 1 2046 No Yes 0 (41) (2) Arrow 12 8 2030 No Yes 0 (18) (19) (2021-2048) Luggate 12 1 1 Oct 2021 Yes Yes 0 (16) (1) All others (ca 50) 141 544 Approx. Approx. 30% 411 (223) (836) 60% Totals 356 884 502 (583) (1399) Sources: Otago Regional Council (consent and plan data); Agribase (dairy farm data)

With two years to go until their expiry, there are still 356 deemed permits in the Otago region – 275 for surface water takes and 81 for groundwater abstraction. They are spread thinly over approximately 60 catchments, though the bulk of them are concentrated in seven catchments, namely: the Taieri (74), Manuherekia (71), Cardrona (14), Lindis (19), Lowburn (13), Arrow (12), and Luggate (12). Four of these, the Taieri, Manuherekia, Lindis, and Luggate catchments are considered by the Council to be over-allocated.

2 AgriBase is a national spatial farms database owned and maintained by AsureQuality, a state-owned enterprise which provides specialist food assurance services covering the entire food supply chain. Agribase holds information on approximately 142,000 live (current) New Zealand farms, including 828 dairy farms throughout Otago.

The Council is expecting 96 unused deemed permits to be surrendered by the hydroelectricity company, Trustpower. This will leave approximately 270 still needing to be retired or replaced in the next two years. In addition to the deemed permits, nearly 1803 standard RMA water permits are also due for replacement on or before 1 October 2021. In total then, the Council may receive up to 450 water resource consent applications in the next 18 months, including from catchments which are over-allocated and have no local minimum flow and allocation limits.

3 This includes 20 consents which expired between 2016 and 1 October 2019 but, subject to RMA section 124 guidelines, are still in effect until decisions are made on their replacement consents which were applied for before the expiry dates.

Overview of the Otago planning framework

Before commenting on the Regional Policy Statement and Regional Water Plan in more detail, I wish to report some observations about the state of the freshwater environment. While a comprehensive account of the state of the freshwater environment throughout the Otago region is beyond the scope of this investigation, a Ministry for the Environment summary for four key catchments (i.e. the Taieri, Manuherekia, Arrow, and Cardrona) is provided in Appendix 6 to this report. As noted there, trend data for a number of environmental indicators are either absent or too recent to be interpreted clearly. However, from the data available, some general observations can be made. These observations have contributed to my assessment of the adequacy of the Council’s planning framework and associated science capability and capacity. Key points to note are set out below.

Water quality While the overall water quality of most Otago rivers in the Land, Air, Water Aotearoa (LAWA) database4 is considered “good”, there is evidence of some degradation in those catchments or parts of catchments where intensification has occurred, such as in some of the tributaries or lower reaches of some rivers, including the Manuherekia, Cardrona, parts of the Taieri, and around Lake Hayes in the Arrow catchment. In the Manuherekia catchment, for example, water quality shows declining trends for phosphorus, E. coli and turbidity. In the Arrow catchment, the condition of Lake Hayes may be close to a tipping point. Eutrophication and pathogens are an issue, with swimming warnings becoming more frequent, and Macroinvertebrate Community Index (MCI)5 scores for the inflows to Lake Hayes also indicate water quality issues. In the Cardrona catchment, nitrogen and E. coli appear to be the main water quality issue. MCI scores highlighted probable impact on water quality and/or habitat conditions. The Taieri catchment has variable quality along its length, with E. coli and phosphorus being the main water quality parameters of concern. Lake Waihola is particularly sensitive (due to its shallow nature) and has some signs of poor water quality and eutrophic status.

Water flows There is a high level of water abstraction in Central Otago. For instance, it is estimated that 75% of the available flow in the Manuherekia River is taken for irrigation and stock water. This compares with about 25% in other regions of New Zealand. In the Manuherekia catchment, which has the Falls Dam, multiple water storage sites and a complex network of water races, water quantity is poorly understood, but likely to be severely over-allocated in terms of abstractions and flow. The Arrow is also considered to be severely over-allocated, though actual usage of water is low compared to paper allocation. The Cardrona River too is considered by ORC to be over-allocated. It has a natural drying stretch which recharges groundwater while impeding the summertime passage of trout and migratory fish passage. Although the Taieri catchment has water storage on some tributaries and has minimum flow limits set at multiple places throughout the catchment, the river

4 LAWA is a partnership between the 16 regional and unitary councils, the Cawthron Institute, and the Ministry for the Environment. It is the most comprehensive source of water quality data in New Zealand. 5 Macroinvertebrate Community Index (MCI) is an index used to measure the water quality of fresh water streams. The presence or lack of macroinvertebrates such as insects, worms and snails in a river or stream can give a biological indication of the health of that waterway.

sometimes reaches these minimum flows and is described on the LAWA website as ‘heavily over- allocated, largely as a result of the use of historic deemed permits to allocate water.”6 The high level of water abstraction in some Central Otago catchments has significantly altered the natural flows, ecosystems and fish habitats of some streams and rivers. The full extent of these changes is difficult to quantify without naturalised baseline hydrological and ecological data, but work is currently addressing this through NIWA’s CHES model, commissioned by the Council, and also through research by Aukaha. This research will involve cultural health monitoring and habitat modelling at 90 freshwater sites during this coming summer, 30 each in the Manuherekia, Cardrona, and Taieri catchments.

Ecology and endangered species Wetlands have been particularly affected by historic land use, with 81% having been lost in the Manuherekia catchment, 84% in the Arrow, 83% in the Cardrona and 71% in the Taieri. The condition of remaining wetlands is not well known but appears to vary. The Taieri catchment has a large wetland-lake complex in its lower catchment that holds international significance. In some river catchments, flow and habitat changes, together with the ingress of trout, have had a severe impact on endemic non-migratory galaxiids, several of which are threatened or endangered. I was informed by a Council freshwater scientist that there have been dramatic declines, and the loss of entire populations, in recent decades in a number of catchments, including the Manuherekia and the Taieri. The Manuherekia catchment contains rare, endemic, fish species that may be in serious trouble, including one unique galaxiid species that is found only in the Manuherekia catchment. It also has a poor representation of more common species. In the Arrow, fish diversity is very low, with only one native species having been recorded. In contrast, the Cardrona River has at least seven fish species, including rare galaxiids, as well as freshwater mussels and koura. The Taieri catchment supports a diversity of fish life, of more than 20 species, including many rare species.

The Otago Regional Policy Statement The Otago Regional Policy Statement (RPS) was made partially operative on 14 January 2019. A number of the provisions are currently subject to High Court proceedings, including policies concerning mineral and petroleum exploration and offsetting for indigenous biological diversity. I do not intend to comment on the overall quality of the RPS, noting that some outstanding matters are before the High Court, but I would expect freshwater management to be more prominent in the RPS which aspires to five primary outcomes: 1. resource management in Otago is integrated 2. Kāi Tahu values and interests are recognised, and kaitiakitaka (kaitiakitanga) is expressed 3. Otago has high quality natural resources and ecosystems 4. communities in Otago are resilient, safe and healthy 5. people are able to use and enjoy our natural and built environment. These outcomes direct the framework of the RPS which covers issues of integrated management, Kāi Tahu values, natural resources and ecosystems, resilience, climate change, infrastructure, energy

6 LAWA website: https://www.lawa.org.nz/explore-data/otago-region/water-quantity/surface-water-zones/taieri- catchment/

resources, urban growth, hazardous substances, the built environment, historic heritage, and managing adverse effects. The primary objectives relating to freshwater in the RPS are Objectives 3.1 and 3.2. In the appeals version of the plan, these objectives state: Objective 3.1 The values (including intrinsic values) of Otago’s ecosystems and natural resources are recognised, and maintained, and/or enhanced where degraded Objective 3.2 Otago's significant and highly-valued natural resources are identified, and protected, or enhanced where degraded. Under Objective 3.1, Policy 3.1.1 fresh water states: Safeguard the life-supporting capacity of fresh water and manage fresh water to: a. Maintain good quality water and enhance water quality where it is degraded, including for: i. Important recreation values, including contact recreation; and, ii. Existing drinking and stock water supplies; b. Maintain or enhance aquatic: i. Ecosystem health; ii. Indigenous habitats; and, iii. Indigenous species and their migratory patterns. c. Avoid aquifer compaction and seawater intrusion; d. Maintain or enhance, as far as practicable: i. Natural functioning of rivers, lakes, and wetlands, their riparian margins, and aquifers; ii. Coastal values supported by fresh water; iii. The habitat of trout and salmon unless detrimental to indigenous biological diversity; and iv. Amenity and landscape values of rivers, lakes, and wetlands; e. Control the adverse effects of pest species, prevent their introduction and reduce their spread; f. Avoid, remedy or mitigate the adverse effects of natural hazards, including flooding and erosion; and, g. Avoid, remedy or mitigate adverse effects on existing infrastructure that is reliant on fresh water. Policy 3.1.3 also provides for water allocation and use: Manage the allocation and use of fresh water by undertaking all of the following: a. Recognising and providing for the social and economic benefits of sustainable water use; b. Avoiding over-allocation, and phasing out existing over-allocation, resulting from takes and discharges; c. Ensuring the efficient allocation and use of water by: i. Requiring that the allocation does not exceed what is necessary for its efficient use; ii. Encouraging the development or upgrade of infrastructure that increases efficiency; iii. Providing for temporary dewatering activities necessary for

construction or maintenance. Other relevant policies include 3.1.4 water storage; 3.1.7 soil values; 3.1.9 ecosystems and indigenous biological diversity; 3.2.13 and 3.2.14 in relation to outstanding freshwater bodies. Methods 3.1.3(h) and (i) for regional plans state “to provide for resource users, people and communities that rely on freshwater within environmental limits” and “to set limits and targets to give effect to the National Policy Statement for Freshwater Management 2014”. I also note that provision is made for the habitat of trout and salmon unless detrimental to indigenous biological diversity (ie, Policy 3.1.9(b)(ii)). This has high relevance to a number of Otago catchments where I understand native fish are challenged not only by water flows and related ecological conditions, but also by competition with trout. The Council acknowledges that the RPS does not fully give effect to the NPS-FM 2017 and I note that it will require a substantial additional update to give effect to the forthcoming reviewed NPS-FM. I consider for example, that there will need to be an explicit chapter relating to land use and freshwater management. At this stage, I understand the proposed revised NPS-FM will require amendments to the RPS relating to:  Te Mana o Te Wai (section 3.2)  integrated management directed at managing effects from urban development (section 3.4).  avoiding loss and degradation of wetlands (section 3.15)  maintaining ecosystem health in streams (section 3.16). Other provisions will also be required as a result of the forthcoming national directions for urban development, highly productive land, and indigenous biodiversity. In addition, the new national planning standards (planning standards) apply to all regional councils, and unitary authorities with separate regional policy statements. These must comply with all planning standards apart from the requirement for e-planning, by 3 May 2022 or at notification of a proposed RPS, whichever is sooner. The new format will require significant changes to the current Otago RPS in terms of section headings, structure, definitions, and monitoring provisions. Further, a section heading for ‘National direction instruments’ is compulsory. This will contain all the operative national policy statements, national environmental standards, and regulations.

Regional Plan: Water for Otago The Regional Plan: Water for Otago provides a framework for the management of water in the region and was made operative on 1 January 2004. It applies to lakes, rivers, groundwater, and wetlands. The plan includes some provisions for assessing applications for replacement water consents once the deemed permits expire and it takes an effects-based approach to managing water quality. It focuses on controlling contaminant and sediment discharges, rather than regulating or managing land use activities themselves. I consider that overall this plan does not give effect to the NPS-FM nor does it provide a comprehensive framework within which to support the deemed permit replacement process. A number of gaps in the Water Plan have been identified through discussions with ORC staff, Kāi Tahu and stakeholders, including:  inadequate approach to flow and allocation limit setting, including failure to underpin with appropriate hydrological modelling and freshwater science  failure to recognise or address over-allocation in plan provisions  lack of provisions for aquatic biodiversity and habitat, particularly threatened species such as non-migratory galaxiids  a risk of adverse effects on waterbodies arising from the efficiency policy which appears to have encouraged at least some users to maximise rather than minimise their water use.

Allocation Policy 6.4.2 of the plan defines the primary allocation limit for each catchment as the greater of the catchment limits set in:  Schedule 2A (includes limits for Taieri and Manuherekia); or  50% of the 7-day Mean Annual Low Flow (MALF); or  The sum of the consented maximum takes. This (particularly the ability to determine primary allocation based on the sum of the consented maximum takes), in combination with Policy 6.4.2A (which provides for granting “from within primary allocation, no more water than has been taken under the existing consent in at least the preceding five years”) can provide a perverse incentive to maximise water use prior to applying for consents to replace expiring deemed permits, in order to obtain maximum allocation. In a situation where deemed permits are to be replaced on a “use it or lose it” basis, this can lead to spilling of unused water, as reported in discussions with Kāi Tahu and several other stakeholders. Allocation is a significant issue in the Manuherekia catchment where the level of abstraction significantly exceeds the primary allocation in the plan, with paper allocation an order of magnitude higher7 than Schedule 2A.

Minimum flows, residual flow and efficiency Minimum flow setting in the region has been protracted and remains in process for a number of catchments including those that contain the majority of the remaining deemed permits. Where minimum flows have been set, whether or not they are sufficient is questionable due to a lack

7 ORC Briefing Note: Minimum flows plan change for priority Otago catchments and deemed water permit replacement process.

of consistent methodology and insufficient hydrological investigations and investment in the freshwater science which underpins ORC’s limit-setting process. (Policies 6.4.3 and 6.4.4 and Method 15.9.1.3). With respect to deemed permits, the Mitchell Daysh consent review notes that the existing planning framework does not appear to provide clarity and certainty on the minimum flows that are likely to be applied. As a consequence, minimum flows will be contentious in respect of each application. Policy 6.4.7 relates to the requirement to maintain a residual flow at the point of take.8 The policy does not adequately protect instream values or reliability of supply, and does not consider downstream effects. Policy 6.4.0A relates to water efficiency in terms of water transport, storage and application. However, the policy neither requires nor guides users to reduce the volume of water used. Without this, the adoption of more efficient application methods can enable the irrigation of larger areas and intensification of farming operations with no reduction in water take. This has the potential to increase economic dependence on existing water takes and, in combination with the allocation policies outlined above (which enable deemed permit replacement consents to be based on inflated historic use), can heighten the risk of adverse environmental outcomes in terms of contaminant and sediment discharges. This risk is further heightened by the plan’s failure to regulate land use activities (eg, intensive winter grazing, dairy intensification).

Provisions pertaining to threatened species, fish passage and fish screening Maintaining an up-to-date inventory of native fish is a core requirement for the effectiveness of a regional water plan. DOC has advised that the Threatened Species Schedule in the Water Plan is out- of-date (see Table 2 below).

8 “The need to maintain a residual flow at the point of take will be considered with respect to any take of water, in order to provide for the aquatic ecosystem and natural character of the source water body.”

Table 2: Freshwater Fish Status in the Water Plan

Source: Regional Plan – Water for Otago

DOC has provided a more recent table of non-migratory Galaxias in the Otago region and their current threatened species status (see Table 3 below). Notable changes in fish status are:

 The Central Otago roundhead galaxias, Galaxias anomalus (found in the Taieri and Manuherekia tributaries) are now nationally endangered, previously nationally vulnerable  The Clutha flathead galaxias, Galaxias sp. D. (found in the Cardrona River, Lindis River, Clutha tributaries above Lake Dunstan, Bannock Burn, Manor Burn, Pool Burn and Benger Burn) are now nationally critical, previously nationally vulnerable, and  The Gollum galaxias, Galaxias gollumoides (found in the Clutha/Mata-Au), are now nationally vulnerable, previously declining.

Table 3: Non-migratory galaxias in the Otago region Taxa Common name Distribution in Otago Nationally Critical Galaxias “species D” Clutha flathead galaxias Cardrona River, Lindis River, (Clutha River) Clutha tributaries above Lake Dunstan, Bannock Burn, Manor Burn, Pool Burn, Benger Burn Galaxias “Teviot” Teviot flathead galaxias Teviot River tributaries (Teviot River) Galaxias cobitinis Lowland longjaw galaxias Kauru and Kakanui Rivers Nationally Endangered Galaxias anomalus Central Otago roundhead Taieri and Manuherekia galaxias tributaries Galaxias eldoni Eldon’s galaxias Taieri and Tokomairiro River tributaries Galaxias pullus Dusky galaxias Lower Clutha and Taieri River tributaries Galaxias “Nevis” Nevis galaxias (Nevis Nevis River River) Galaxias aff. paucispondylus Alpine galaxias Manuherikia River above Falls “Manuherikia” (Manuherikia River) Dam Nationally Vulnerable Galaxias depressiceps Taieri flathead galaxias Shag, Waikouaiti, Taieri, Tokomairiro river tributaries, Akatore Creek Galaxias gollumoides Gollum galaxias Clutha/Mata Au Galaxias “Pomahaka” Pomahaka galaxias Pomahaka River (Pomahaka River) Galaxias “southern” Southern flathead galaxias Upper Clutha River tributaries (Southland, Otago) Galaxias aff. paucispondylus Alpine galaxias Von and Lochy Rivers “Southland” (Southland) Source: Department of Conservation

The nationally endangered Alpine galaxia (Manuherekia River) Source: Creative Commons

DOC also advises that the fish passage and screening provisions of the plan are inadequate, falling short of national best practice and failing to provide specific measures to protect non-migratory galaxiid fish, such as fish barriers and eradication methods to exclude invasive species. The damming provision (rule 12.3.2) is seen by DOC as permissive in providing a pathway for multiple small dams to be constructed as a permitted activity. In a small catchment this is likely to impact on non-migratory galaxiids by removing or reducing their habitat. There are clearly opportunities to strengthen the existing provisions and afford greater protection to the region’s unique galaxiid species.

National planning standards requirements for regional plans In addition to having to comply with the NPS-FM, the Water Plan will need to be updated to comply with the national planning standards (in particular 3. Regional Plan Structure Standard). I am advised that the timeframes are: within 10 years of the planning standards coming into effect (2019), or notification of a proposed regional plan (but not a change or variation) for submissions, whichever is sooner. The planning standards encourage an integrated region-wide approach to planning for a region’s resources. A catchment-scale approach is provided for in the structure. Cost and resource implications for councils can be reduced by adopting ‘regional-scale’ responses where appropriate, and overlaying catchment-scale processes where required. Environmental benefits can be achieved by ensuring regional provisions are in place to prevent further degradation of freshwater resources until limit- setting processes can be initiated. The standards do not prevent a separate Water Plan being created, but all the other required parts of the regional plan standard will need to be included. I note that most regions have, or are moving to, integrated regional plans.

Current Council capacity and capability For the Water Plan to give effect to the NPS-FM, the Council needs sufficient capacity in not just one, but all, of the following key areas: policy and planning, science, consenting and CME (compliance, monitoring and enforcement). Although ORC is fiscally strong, these key areas are seriously under- resourced and will need significantly more investment if the Council is to cope with the resource management tasks that currently face it, including compliance with the NPS-FM. The new Council senior managers are aware of this and are beginning to address the capacity gaps within their current budget envelopes, but more investment is vital to fully address all of the identified shortfalls in capacity and capability. The Council’s CEO Sarah Gardner is also aware of this and has told me that this investment will be provided for in forthcoming annual and long term planning processes.

Science capacity and capability Critical to the success of ORC’s water management planning and implementation is a robust scientific evidence base. At present, the Council has 9.4 full-time equivalent (FTE) scientist positions comprising the science manager, 2 groundwater scientists, 2 freshwater ecologists, 2 minimum flows scientists, 1.4 hydrologists, and 1 air quality scientist. An independent review9, commissioned by the Council, recently reported that, for a region the size of Otago, this number of scientists is quite inadequate to support all of the Council’s critical resource management functions. The reviewers also identified a shortage of scientific technical support staff. Approximately two technical staff are needed per FTE scientist to collect, process, store, and analyse data. ORC has insufficient technical staff to support even the current under-strength science team. The reviewers’ key findings were:  capacity gaps in land, wetlands, coastal and catchment modelling are top priorities  freshwater science (both quality and quantity) is under-resourced  science, monitoring and data, overall, are under-resourced compared with other councils, The high priority gaps are in:  land environments (farm systems, irrigation, nutrient modelling, soil quality, sediment generation/transport)  coastal environments (wetlands and estuaries)  catchment modelling (land and water quality limits setting)  biodiversity (terrestrial and wetland ecosystems)  cultural values (Kāi Tahu environmental indicators and monitoring). Looking specifically at water, the reviewers found a shortage, provisionally estimated at 2-3 water quantity FTEs (1 senior, 1 scientist, 1 support), for work on practical hydrology (flow naturalisation) and hydro-ecology (minimum flows), and a shortage, provisionally estimated at 2-3 water quantity FTEs (1 senior, 1 scientist, 1 support), for work on catchment processes and limits setting. Overall, the review recommended a doubling of the Council’s scientists from 9.4 to 19.4 FTE positions, including:

9 Aquanet Consulting Ltd. (2019) Otago Regional Council Science Capability and Capacity Review. Presentation to the Executive Leadership Team, 20 August 2019.

 a water quantity/hydrology team with 6.4 scientists  a water quality/ecology team with 5 scientists  a catchment process team with 2 scientists (1 land, 1 modelling)  a biodiversity and coastal wetlands team with 3 scientists. The reviewers acknowledge the difficulty in finding suitably qualified staff at a time when the Essential Freshwater package is creating high nationwide demand for water and catchment expertise. They note therefore that strategic use of external consultants will be critical to the successful delivery of the Council’s water resource management programme. The reviewers also note that the deficiencies in science staffing are exacerbated by deficient staff training, a lack of development pathways and consequent staff turnover leading to loss of institutional knowledge. The impacts of lost institutional knowledge are exacerbated by a lack of robust data collection and databases to which staff can refer. From my discussions with staff, the Council expects to take in-house ownership of the CHES hydrological flow model for the Manuherekia which is being developed by NIWA under contract. The final model will include various layers, each with differing assumptions and baselines, including a natural flows layer which will model ecological baselines in the absence of water storage and abstractions. The development of the CHES model is behind deadline due to the complexity of the Manuherekia catchment and its network of water races. However, once completed, the model is expected to be able to be adapted for the modelling of other river systems in the region. Other parties are also contributing to the Council’s scientific database on the Manuherekia. As mentioned earlier, Aukaha is undertaking cultural health monitoring and habitat modelling over the 2019-2020 summer, when the river is at its lowest flows; and the Manuherekia irrigators have made available their hydrological model, developed several years ago by Golder Associates. The Council is aware of the capacity and capability deficiencies discussed here and has already begun advertising three new water science positions. However, without a substantial increase in in-house scientific capacity I consider that the Council will be insufficiently prepared to meet the NPS-FM Water Plan notification deadline of December 2023, and will certainly not have all the catchment data it needs to set allocation and flow limits before the expiry of the deemed permits on 1 October 2021.

Planning Policy capacity At present, to cover all its planning and policy functions, I understand that the Council employs seven planners with varying levels of seniority and experience and also contracts the services of consultant policy planning staff with extensive water planning experience. The water policy and planning workload between now and 2023 is beyond the resources of such a small team and will require additional experienced planning staff. From my discussions with staff and management, it would appear that the planning team will need five additional planners to meet the coming workload – three with experience in water plan writing, and two with the skills to facilitate FMU community consultations on water values. These are challenging requirements. Experienced water resource planners are in short supply nationally and will become even harder to recruit as the Essential Freshwater package drives up demand for their services across the country. Earlier this year, the Council received only four responses when it invited tenders from experienced plan writers to assist with its draft plan change for the Manuherekia catchment. Three of the responses were from outside the region and none had particular experience in water planning. I consider that without a significant increase in resourcing and proactive recruitment initiatives by the

Council, the necessary planning capacity will not be achieved.

Consenting capacity The Council’s consenting capacity and processes were reviewed earlier this year in an independent report10 commissioned by the Council’s chief executive. Among the report’s findings was that there has been an upswing in consent applications in the past two years, with annual numbers now exceeding those of the previous peak year of 2012. The reviewers concluded that this trend is almost certain to continue as new planning requirements under the NPS-FM come into effect and the deemed permits approach their expiry date. They considered that the Council’s consenting and science capacity was insufficient to deal with the increase. They observed that: First, there does not appear to be much internal expertise in respect of processing of applications relating to water quality (farming land use consents/diffuse discharge consents). Secondly, there is a potential gap with respect to the processing of replacement consents for the deemed permits. The reviewers recommended that the Council appoint two additional consent officers and that it dedicate part of one senior level job description to regularly projecting and planning for future consent application volumes. The Council’s response to this recommendation has been to advertise for additional consenting staff and to develop a programme of continually updated projections of consent volume. The Council’s consenting managers are confident that they will have sufficient capacity to deal with the influx of replacement resource consent applications. As a back-up resource, in the event of staff overload, they have contracted Mitchel Daysh Ltd to process the more complex consent work. I am satisfied that the Council is taking on board the recommendations of the independent report and improving its consenting capacity and processes.

Compliance, monitoring and incident response capacity According to Council management, the compliance team does not have the capacity to deal with the additional workload that will arise when the regional water quality rules of Plan Change 6A (PC6A) become operative. For this, the monitoring team will need to be doubled from the current five staff to 10. As noted earlier the PC6A rules were decided back in 2013 with a deferred implementation date of April 2020. However, they are now recognised as deficient so the Council is proposing to further defer implementation until April 2026 while it makes the necessary interim corrections through an omnibus Water Plan change early next year. I understand that the Council also needs dedicated incident response officers to deal with the increasing number of incidents (almost 1,200 per year – or 24 per week) which are currently diverting compliance officers away from their core roles.

Accommodation capacity An additional constraint on the Council’s staffing capacity which ought to be acknowledged is the physical inability of the current offices in Dunedin to house additional staff on the scale discussed

10 Maw P, Daysh S. 2019. Consents Function Review. A report prepared for the Otago Regional Council by Wynn Williams and Mitchel Daysh Limited.

here. If staff capacity-building is not to be delayed or compromised, temporary office premises for some staff may need to be considered in the short to medium term. Kāi Tahu perspectives Kāi Tahu expects a partnership relationship with the Council and to share in the policy-making process on resource management matters. Although the iwi has a positive relationship with ORC, it considers that, to date, it’s environmental and relationship aspirations have not been met by the Council. In the past, it was treated less as a partner and more as a stakeholder, interested party, applicant, submitter or appellant, depending on the issue. When treated as one party among many, in groups such as the Manuherekia Technical Advisory Group (TAG), Kāi Tahu’s voice and values are inevitably diminished. However, this may be changing. ORC Chief Executive, Sarah Gardner, supports a partnership role for Kāi Tahu and the Council recently made two seats available for them at the Policy Committee (a Committee of the whole Council), enabling them to participate in the setting of FMU and rohe (sub- FMUs) boundaries. Kāi Tahu played a key role in ensuring that the boundary of the Mata-Au FMU encompasses the entire Clutha catchment from the mountains to the sea. Kāi Tahu employs a stand-alone commercial consultancy, Aukaha, to advocate for its environmental and cultural aspirations in resource management, to facilitate consultation with Kāi Tahu Papatipu Rūnanga, and to support Māori hauora (health) and wellbeing. Aukaha has protocols with the ORC Council and all district councils in Otago setting out the process for facilitating Kāi Tahu engagement in the Council’s resource consent and plan change processes. 11 My discussions for this investigation were with Aukaha’s Chair, staff and advisors at their offices in Stuart Street, Dunedin.

ORC’s current planning framework Aukaha has concerns about the adequacy of the current water planning framework from an RMA and NPS-FM standpoint. It does not see the Water Plan and its associated consenting practices as providing adequate direction or protection. Major concerns include:  piecemeal processing of resource consents with no assessment of cumulative effects  inadequate provision for ecological and cultural values, including: . the lack of a natural ecological baseline for water flows when determining the “existing environment” and . the acceptance of consent applications for water use that do not address ecological values, fish habitat and species distribution  the “use it or lose it” policy which has incentivised permit holders to ramp up their metered water use in order to create a false history of inflated use when applying for new consents  the “efficiency gains” policy which, instead of saving river water, perversely incentivises greater use of it, leading to more intensive farming and greater economic dependence on irrigation. Aukaha considers that the “use it or lose it” policy has encouraged permit holders to “game the

11 Aukaha, formerly known as Kāi Tahu ki Otago Ltd (KTKO Ltd), was established in 1997 to represent Kāi Tahu in RMA consent matters. It is wholly owned by the four Papatipu Rūnanga of Otago - Te Rūnanga o Moeraki, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Ōtākou, and Hokonui Rūnanga (ngā Rūnanga/Rūnaka).

system” in preparation for the replacement of their deemed permits. Knowing that their excessive “paper” allocation will be replaced by one based on historic water use, rather than on “what the river needs”, the permit holders’ natural response has been to maximise their historic use. Similarly, Aukaha sees the plan’s “efficiency gains” policy as also encouraging greater water use. Instead of encouraging farmers to use less water for their existing activities, it encourages them to expand their activities with more efficient use of their water takes. This is because to pay for the expensive spray irrigation systems, such as centre pivots, which replace flood or border dyke irrigation, farmers must use more intensive farming practices and irrigate previously dry paddocks.

ORC’s performance of functions In Aukaha’s view, the Council has yet to develop adequate planning and consenting processes for the management of freshwater use, despite discussing this and the deemed permit issue with Kāi Tahu since the early 1990’s. Aukaha considers that since 2004, the ORC’s consenting practices have been deficient in failing to publicly notify consent applications with “more than minor” effects and granting RMA water permits for unreasonable durations of 25-35 years. Aukaha also noted that ORC has managed water and natural resources in general under the paradigm of Otago exceptionalism, expressed as “we are different” with no place for central government interference. One result has been a failure to acknowledge over-allocation as an issue.

Manuherekia, Upper Cardrona, and the Arrow (MAC) catchments Aukaha does not consider the Water Plan fit for purpose for the assessment of applications for replacement water consents once the deemed permits expire. It opposed the withdrawal of the 2018 MAC plan change only because, despite the data inadequacies, this plan was a step in the right direction after such a long period of inaction. However, Aukaha is now undertaking work in the catchment to contribute to the information base for a revised MAC plan change. Aukaha is sceptical of the CHES model, having serious doubts about the data quality and data gaps, and the assumptions of the model itself. There is some concern that the Council’s adoption of the CHES model as the basis for setting flow and allocation limits is a foregone conclusion, despite it still having not been independently assessed or approved by the Technical Advisory Group (TAG). Aukaha also noted that many other catchments with deemed permits, not covered by the MAC plan change, will remain problematic for the Council to resolve by the expiry date of 1 October 2021.

Council capacity Aukaha considers that the council is struggling to meet its RMA responsibilities and is not adequately resourced for the scientific and planning challenges of giving effect to the NPS-FM by 2025, or of addressing deemed permits by 1 October 2021. The Chairman of Aukaha, Edward Ellison, expressed the following in a recent letter: We believe it is critical, given the state of planning instruments in the region and the pending influx of deemed permit replacement applications, that decisions get made in the right order. Statutory changes and national direction, including the newest proposals, will determine the form and content of a revised Regional Policy Statement, which in turn will direct amendments to the relevant regional plans, enabling decisions on deemed permits to be made within a framework that is appropriately future focussed. We need to be able to see that pathway clearly, which has been a significant difficulty over the last year as we have discussed. Knowing the timeframes around each statutory process will enable us to plan and constructively resource our responses, working with 30

our local authority partner. We are mindful that momentum must be maintained and that concluding all processes in an efficient and timely manner is a priority. Fundamental to making decisions in the right order is to ensure that deemed permit replacement applications are decided after all other processes have been completed. We understand that this would necessarily involve introduction of a legal mechanism that addresses the pending 2021 deadline for replacement resource consents. We need to know that deemed permit replacement decisions will be effectively “on hold” awaiting establishment of a robust decision-making framework.12

State of the Environment Aukaha has raised serious concern about the state of the threatened galaxiid species in Otago rivers. It is the position of Aukaha that the starting point for establishing a minimum flow and allocation regime should be based on naturalised baseline flows which reflect the river’s original state, rather than modified baseline flows which understate the impacts of water use on natural values. Aukaha will conduct cultural health monitoring and habitat modelling over the summer (2019/2020) in the Manuherekia Catchment. This information will be used to inform the Councils’ flow modelling. Stakeholder perspectives

The stakeholders spoken to addressed a wide range of perspectives and insights. This summary does not reflect the views of any one stakeholder in particular, unless stated otherwise, but conveys my impression of the variety of views around the particular questions posed in the Terms of Reference for this investigation.

Adequacy of the current planning framework from an RMA and NPS-FM standpoint All stakeholders who expressed a view on the planning framework acknowledged that it does not yet give effect to the NPS-FM and will need further plan changes to achieve this. However, they differed in their views on whether the framework, as it currently stands, is adequate for assessing RMA water and discharge consents.

The Federated Farmers and the Otago Water Resource Users Group (OWRUG) consider the current plan to be generally adequate for replacing water consents and deemed permits, provided it is implemented properly by knowledgeable staff. They expressed the view that implementation is being undermined by staff turnover which has resulted in a loss of in-house knowledge and, in their view, misinterpretation and misapplication of some plan provisions.

The Department of Conservation, NZ Fish and Game, and the Central Otago Environmental Society (COES) considered the planning framework to be inadequate from an RMA perspective. They contend that the current framework does not give due consideration to all of the matters required by the RMA, particularly as it does not yet have catchment-level minimum flow and allocation limits in a number of over-allocated catchments.

Fish and Game also noted that the purpose of residual flows in the Water Plan (Policy 6.4.7) is overly restrictive in its focus on ‘aquatic ecosystems and natural character’ while ignoring amenity and cultural values.

These stakeholders also shared the view that the plan’s efficiency provisions were encouraging

12 Reference: Edward Ellison, Chairman – Aukaha to Peter Skelton, 19 September 2019.

increased use of irrigation water and driving environmentally undesirable land use intensification.

They were of the view that new, or forthcoming (replacement) water consent applications should be put on hold while these issues are addressed through necessary plan changes.

An unaffiliated local landowner, Mr William Cockerill, informed me that over the last 30 years there has been significant change in land and water use in the Manuherekia catchment. He has observed the attrition of the Central Otago dryland landscape as a consequence of irrigation enabled by deemed permits. As an example of the change in water use, the historic Black’s Station at Ophir had a gold dredging operation which held 10 heads of water under a mining privilege.13 This privilege was divided between two brothers - one ended up inheriting four heads of water and the other obtaining the remaining six heads. As a sheep farm, one of the four heads was used for watering stock, with this later increasing to about two heads. However, when the farm was sold for a dairy farm 10 years ago, it was sold with the value of the property having the original four heads. The dairy farm now uses much of the four heads of water for irrigation. Mr Cockerill’s view is that the effect has been a significant change in land use enabled by irrigation under deemed permits during the transitional period.

The Council’s performance regarding planning for discharges of contaminants to land and water, and taking, using, damming or diverting water

All stakeholders who expressed a view on the Council’s performance of their statutory functions under the RMA, considered it to be under-performing with respect to water management.

A common concern was that, in recent years, the Council has withdrawn from community and stakeholder engagement on water use, showing a lack of leadership or guidance. Now it is attempting to recover lost ground, but against challenging timeframes and national requirements and still with no clear sense of what it is seeking to achieve.

COES and Fish & Game saw the various consultation groups set up by the Council as being focused primarily on irrigator needs with community and environmental input either ignored or minimised.

They also raised concern about consents with ‘more than minor’ effects being processed by the Council on a non-notified basis. These stakeholders felt the Council was reluctant to consider environmental groups as affected parties, and failed to adequately consider instream values, such as amenity, recreational, and cultural (Kāi Tahu) values of waterbodies.

The environmental stakeholders also criticised the Water Plan’s efficiency criterion which has encouraged farmers to convert to spray irrigation often taking on considerable debt to do so, and intensifying both water and land use, with potential adverse effects in the catchment.

They also shared similar concerns about the Council’s “use it or lose it” policy, which COES characterised as having triggered a “rush to ruin” by creating an incentive to use more water in order to prove historical usage for consent replacements. An example was given of one property in Chatto’s Creek being water-logged by deliberate spilling of water by adjacent irrigator properties over 3 sets of 14 days in autumn (42 days in all).

13 One ‘head’ equates to one cubic foot of water per second or approximately 100 cubic metres per hour.

Whether the planning framework in the Manuherekia, Arrow and Cardrona catchments will be appropriate and sufficient to consider applications for new water permits once deemed permits expire

Federated Farmers, the Otago Water Resource Users Group (OWRUG) and some irrigators from the Manuherekia considered the planning framework appropriate and sufficient to consider new applications, but the other stakeholders did not.

Understandably, the Manuherekia Water Users Group and other deemed permit holders are looking for certainty about the process to transition from deemed permits to replacement resource consents. A number of irrigators were not supportive of any extension of the deemed permit deadline, citing the uncertainty of time delays as a factor in the reluctance of banks to finance irrigation development.

Contrasting views were expressed by other stakeholders on how to define the starting point for setting flow limits and for assessing environmental effects. These views related to the baseline for hydrological modelling when determining a minimum flow and allocation regime to establish ecological flows.

Water users expressed a view that the starting point should be the river in its existing state (ie, subject to damming and current levels of abstraction). Other stakeholders, including DOC, Fish and Game, and COES, shared Aukaha’s view that the starting point should be the river in its natural state without damming and abstraction. The Council’s Water Plan should use that as the baseline for setting a minimum flow and allocation regime, based on robust modelling.

These stakeholders also criticised the Council’s lack of a method to determine historic usage, the assessment of effects at the point of take rather than the whole river, and its inadequate assessment of cumulative effects.

On the withdrawal of the MAC plan change in 2018, all stakeholders agreed that the evidence base for the proposed allocation and flow limits was scientifically flawed. However, COES felt that the plan change should have gone ahead anyway on the basis that it would at least improve on the current situation. The irrigators supported the withdrawal of the proposed plan change.

The adequacy of Council resources, including its capacity to develop and implement an adequate planning framework that gives effect to the NPS-FM

All stakeholders had a similar view that the Council has not invested adequately in its science, technical, planning, and consenting capabilities. As a consequence, the Council lacks robust scientific models and data to set minimum flow and allocation limits, and also sufficient planning and consenting staff to develop the necessary plan changes and implement them.

Findings and recommendations This report focuses on the issues for freshwater planning and the particular challenges posed by Otago’s deemed permits. Although its findings and recommendations are directed towards the ORC, some will also have relevance more broadly for freshwater planning across New Zealand.

Findings - catchment planning, science and deemed permits  The Council’s existing water planning framework has suffered from a lack of investment in science, planning, and hydrological modelling.  There is a lack of clear and robust minimum flows and a failure to address over-allocation.  The existence of the deemed permits has also limited the ability of the Water Plan to manage water quality and quantity.14  There is large variation in the planning frameworks for the region’s catchments to deal with the expiry of deemed permits.  Only the Pomahaka catchment is underway for transition to an RMA consenting process with an established primary allocation limit, minimum flows for primary allocation, supplementary allocation blocks, and minimum flows for supplementary allocations. This catchment, however, has only three deemed permits. Progress is also being made on the Arrow and Cardrona catchments which have started a planning process to set minimum flows and allocations  Most other catchments are not so prepared. A minimum flow and allocation regime was proposed for the Lindis catchment some five years ago but has yet to be decided on by the Environment Court.  A minimum flow and allocation regime for the Manuherekia catchment is still about two years away and even further is the Taieri catchment where hydrological modelling has yet to be started. The status of the Taieri catchment is significant since it includes the highest number of deemed permits (75).  Due to the under investment in science and planning, I do not consider that the ORC is in a position to provide for the smooth transition from water allocation based on mining privileges to allocation based on RMA consents which are subject to appropriate flow and allocation limits before 1 October 2021. This is a major concern since we are now in 2019 – ‘Year 28’ of the 30 year transition period for the deemed permits.

National Direction and Legislation  National direction under the RMA is due to be strengthened. While this investigation was underway, the Government unveiled a range of new initiatives.15  While most of these proposals are ‘draft’ and have been released for consultation, the

14As stated in Policy 6.2.8 of the Water Plan, ‘opportunities for establishing minimum flow regimes on a number of streams and rivers are constrained by mining privileges (now called deemed permits)’. 15 Proposed National Policy Statement for Freshwater Management and proposed new National Environmental Standards for Freshwater; new freshwater planning process under the Resource Management Amendment Bill 2019; proposed National Policy Statement on Urban Development to replace the existing National Policy Statement on Urban Development Capacity; proposed National Policy Statement for Highly Productive Land. The Government is also planning to release a proposed National Policy Statement for Indigenous Biodiversity later in 2019.

combined impact of the proposed national direction and potential legislative changes will have a fundamental impact on the future planning framework in Otago.  The Council will need to make a substantial investment to update the RPS and the Water Plan to provide for existing and proposed national direction and legislative changes.  The RPS will need to adopt the National Planning Standards three years from when the planning standards come into effect (3 May 2022), or at notification of a proposed RPS, whichever is sooner.  The RPS will require amendments to identify areas of highly productive land within the Otago region under Proposed Policy 1, National Policy Statement for Highly Productive Land. Strengthened urban development provisions are also likely to be required.  A reviewed Water Plan will need to be notified by 31 December 2023 to give effect to the NPS-FM. This will also be required to be restructured into the National Planning Standards template.  The forthcoming freshwater planning process, currently proposed under the Resource Management Amendment Bill, will make a significant contribution to RMA practice in New Zealand and will become a primary vehicle to give effect to the NPS-FM.  I am hopeful that legislation to implement the new freshwater planning process will be enacted by mid-2020 in time to progress the urgently required Otago planning programme. This will be of critical importance.  One particular matter that will require attention in the design of the freshwater planning process is how the RPS will be progressed as a whole. Under section 59 of the RMA, the RPS must be designed to achieve ‘integrated management of the natural and physical resources of the whole region.’ This purpose is supported by the National Planning Standards requirements. If only the freshwater-related changes to the RPS are to be ‘carved out’ and sent to the freshwater planning process, then this could potentially undermine the integrated management structure of the RPS. It seems to me the scope of how the RPS and other combined RMA planning documents are treated in the Resource Management Amendment Bill under the freshwater planning process needs to be reconsidered in order to ensure integrated management.

Future planning framework A new planning framework is required for Otago. This framework, amongst other things, needs to provide a robust process for assessing any applications that are made to replace the deemed permits and set plan provisions, as guided by national direction, especially the NPS-FM. In the Otago context, it is also important that consent applications are processed on the basis of a more adequate and robust planning framework that involves a minimum flow and allocation regime. This has relevance to both deemed permits and existing resource consents that are due to expire before the new planning framework is in place. Importantly, the establishment of plan provisions for minimum flows and allocation must come before the processing of resource consents to replace the deemed permits. This is a critical matter. Further, all the deemed permits within a sub-catchment should be considered together as a ‘block’. Ad-hoc or individual processing of consents in advance of a robust policy and rule framework should be avoided. Ideally, the planning framework will:  provide certainty for the community with clear timeframes and processes

 avoid undue delay and duplication of planning effort and multiple community consultations  establish minimum flows and limit setting based on robust science and hydrological modelling, including fair allocation within ecological limits  ensure implementation of the NPS-FM and other national direction  provide for the principles of the Treaty of Waitangi and the interests of Kāi Tahu in resource management. After my discussions with a number of holders of deemed permits, I am confident that, provided they are given certainty of direction, there is sufficient good will among them to participate in the planning programme recommended in this report. In the light of discussions I have had with the consenting staff at ORC it is my understanding that any water consents granted from now, whether new or replacement consents, will be granted for a short- term of 5 to 10 years. This is to ensure that, in the longer term, resource consents will be aligned with the new planning framework. The intent will be to avoid ‘locking in’ long term water resource use that will make it difficult to achieve new freshwater limits and allocation when set in the reviewed land and water regional plan.

Short-term interim planning initiatives Before making my formal recommendations to the Minister, I need to refer again to some planning work that is already underway in the form of two plan changes. I have referred to this briefly earlier in this report. The first is Plan Change 6AA to be notified in October 2019 to amend the starting date for discharge provisions affecting water quality in the region that are due to take effect from 1 April 2020. Because the discharge provisions are defective and, in particular, because they rely on an Overseer version that no longer exists, the Council is proposing to extend the date when these provisions take effect to April 2026 by Plan Change 6AA. I understand that this date is likely to become academic, because the present defective rules in plan 6A will be replaced by new rules in the omnibus plan change which is anticipated to be notified in March 2020. Plan Change 6AA is necessary now because the water quality rules due to come into effect on 1 April 2020 are recognised to be defective. The second plan change known as the ‘omnibus plan change’ is due to be notified in March 2020. My current understanding of the contents of this plan change is that it is intended to immediately remedy the deficiencies in the water management provisions of the current operative plan, in particular those relating to water quality, and provide for interim provisions relating to the management of freshwater resource consent applications. In addition to the above, the ORC is developing a planning programme going forward that I have discussed with staff and which I will now summarise.

Future comprehensive framework By November 2020 ORC intends to publicly notify a complete review of its current Regional Policy Statement, first to give effect to the National Planning Standards and secondly to provide, amongst other things, objectives and policies for water management across the region ahead of a review of its Water Plan. The intention is to have this reviewed RPS operative before the reviewed Water Plan is notified. By 31 December 2023, ORC intends to notify a complete review of its Water Plan to provide for a new Land and Water Regional Plan for Otago. This plan is to include region-wide objectives, strategic policies, region-wide activity policies, and provisions for each of the FMU sections that will cover all 36

the catchments within the region. Given this timeframe, which I note is a tight one, it is clear that the new plan will not be ready in time to deal with applications for new and replacement consents arising from the expiry of the deemed permits. The result will be that these consent applications are assessed under the Water Plan’s current default minimum flow limits which, as noted earlier, are inadequate.

Possible extension of Otago deemed permits expiry I consider that the only way to ensure that new and replacement consent applications will be assessed under the new planning framework is to defer the expiry date for deemed permits in Otago to a period when it can reasonably be expected that the new land and water plan will be in place. In my view extending the expiry date is justified on several grounds: . first, it will enable the new planning framework to be put in place beforehand so that future resource consent applications can be properly assessed. . secondly, it will ensure that all new and replacement water permits are subject to catchment level minimum flow and allocation limits . thirdly, subjecting all consent applications to the new plan will avoid “planning by resource consent” in which ad-hoc resource consent decisions are made in the context of an inadequate planning regime . fourthly, extending the deemed permits in conjunction with the interim measures and a revised planning framework will provide certainty for Kāi Tahu, permit holders, and stakeholders about the planning pathway going forward. I also note that time is required for investment in the science that underpins the planning and this is needed to properly inform the plan rules and the assessment of future resource consent applications for freshwater. Further, I gathered from my discussions that an extension is likely to be supported by the Council, Aukaha and at least several of the stakeholders who also see merit in having consent applications assessed under a fit for purpose planning framework. I also note that this proposed extension would apply only to the Otago region and so is of limited interest or application in a national sense.

Recommendations In the light of the above comments and earlier discussions in this report I now make the following recommendations to the Minister for the Environment: 1. that pursuant to section 24A of the RMA, the Minister recommends to the Otago Regional Council that it provide an adequate interim planning and consenting framework without delay to manage freshwater in the intervening period up to 2025. This will include Plan Change 6AA and the Omnibus Plan Change 2. that pursuant to section 24A of the RMA, the Minister recommends to the Otago Regional Council that it takes all necessary steps to develop a fit for purpose freshwater management planning regime that gives effect to the relevant national instruments and sets a coherent framework for assessing all water consent applications including those that are made to replace any deemed permits 3. that pursuant to section 24A of the RMA, in order to achieve recommendation 2, the Minister recommends to the Otago Regional Council that it adopts the following policy and planning programme of work:

 by November 2020 a complete review of the current Regional Policy Statement is publicly notified with the intention that it be made operative before the review of its Water Plan is notified

 by 31 December 2023 a new land and water regional plan for Otago is publicly notified. This plan is to include region-wide objectives, strategic policies, region-wide activity policies, and provisions for each of the FMU sections that will cover all the catchments within the region

4. that pursuant to section 27 of the RMA, the Minister requires the Otago Regional Council to provide 6-monthly progress reports in relation to the following matters:

 progress made in developing science, planning, consenting, monitoring and enforcement, and land management organisational capability and capacity

 progress in achieving recommendations 1, 2 and 3

 a summary of freshwater resource consenting activity for the reporting period

5. that the Minister initiates the necessary legislative process to change the date for expiry of the deemed permits in section 413(3) of the RMA, from 1 October 2021 to 31 December 2025, being the date by which the Otago Regional Council’s new land and water regional plan is to be operative. For the avoidance of doubt this recommendation to amend section 413(3) of the RMA applies only to the Otago region

6. that if the new freshwater planning legislative process is delayed for any reason, consideration be given to promoting special legislation for the Otago region to establish a special hearing process to achieve completion of the Otago Regional Policy Statement by 2022 and the new land and water regional plan by 2025. This special legislation would need to provide for the hybrid hearings panel model and restricted appeals to the Environment Court.

Dated at Christchurch this 1st day of October 2019

Honorary Professor Peter Skelton CNZM; D.Nat.Res (Hon); LLB; FEIANZ

Appendix 1 Letter of Engagement

16 May 2019 Honorary Professor Peter Skelton [email protected] Dear Peter Resource Management Act 1991, section 24A investigation, Otago Regional Council In accordance with 24A of the Resource Management Act 1991 (RMA), I am appointing you to investigate whether the Council is on track to adequately perform its functions under section 30(1) of the Act, in relation to freshwater management and allocation of resources. The investigation will focus on whether Council has, or will have, an appropriate planning framework in place that gives effect to the National Policy Statement on Freshwater Management, in time to consider all applications for new water permits before deemed permits expire. It will also look at what support Council might need to achieve this. The scope and timing of the investigation is outlined in the attached Terms of Reference. Robert McClean, Manager, RMA Practice, will be in contact with you to provide information on the investigation process. If you have any questions about this investigation before then, please contact Robert on 0220676655 or [email protected]. Your appointment will be subject to any necessary procurement, contracting and remuneration processes as required by the Ministry for the Environment.

Yours sincerely

Hon David Parker Minister for the Environment

Appendix 2 Letter of extension

Appendix 3

Terms of Reference for Section 24A Investigation of Otago Regional Council Performance under the Resource Management Act 1991

Purpose of Investigation 1. The purpose of this investigation is to identify whether the Otago Regional Council (ORC or the Council) are adequately carrying out their functions under section 30(1) of the Resource Management Act 1991 (RMA) in relation to freshwater management and allocation of resources. 2. This investigation is focused on the exercise of the Council function in relation to its planning framework, and its ability to process and transition deemed permits in a consistent way under the RMA and National Policy Statement for Freshwater Management (NPS-FM). This matter relates particularly to the Manuherekia, Upper Cardrona and Arrow rivers before the deemed permits expire in 2021. Context 3. When the Resource Management Act 1991 (RMA) was enacted mining privileges granted or authorised under the Water and Soil Conservation Amendment Act 1971, and the Water and Soil Conservation Act 1967, were deemed to be water permits, discharge permits or a permit that confers on its owner rights over land in respect of which the holder is not the owner. These permits expire on the 30th anniversary of the date of commencement of the Act (this will be 1 October 2021). 4. Around 300 deemed permits remain in the Otago region. A significant number of the permits that have not yet been transitioned to standard resource consents are in the catchment areas of the Manuherekia, Upper Cardrona, and Arrow rivers. 5. In 2018, the ORC intended to notify a significant plan change to set minimum flow rates for the Arrow, Cardrona and Manuherekia catchments. This proposed plan change was halted and the Council is now planning to prepare a comprehensive minimum flows and allocation plan change in December 2025. 6. In August and December 2018, the Minister for the Environment (the Minister) wrote to ORC expressing concerns about the decision not to proceed with the plan change and met with ORC to discuss this on 22 March 2019. The Minister also noted an expectation that the ORC establish a framework that provides for a plan change to set minimum flows, ahead of the deemed permit expiry. 7. To date, no plan change has been notified. Until this occurs all applications to replace deemed permits will be considered under the current operative plan which does not contain minimum flow rates or other specific limits. 8. As the timeframe from notification to decisions on an RMA plan is 2 years, there is an increasing likelihood that the large volume of applications to replace the deemed permits will occur under the existing operative plan. 9. The Minister requires an understanding of the ability of ORC to carry out their functions

under section 30(1) of the RMA in relation to freshwater management and allocation of resources. In particular, the adequacy of the current planning framework and the capability of the ORC to process and make decisions on consents in a manner consistent with the obligations on the Council to set minimum water flows and allocation limits in their regional plan (as required by the National Policy Statement for Freshwater Management 2014 (NPS- FM)) . Scope of the Investigation 10. The investigation will address the following: 1. adequacy of the current planning framework from a RMA and NPS-FM standpoint; 2. adequacy of the performance by ORC of functions relating to planning for discharges of contaminants to land and water, and taking, using, damming or diverting water. This will focus particularly on the Manuherekia, the Upper Cardrona and Arrow Rivers, and whether the planning framework will be appropriate and sufficient in time to consider applications for new water permits once deemed permits expire; 3. adequacy of ORC resources, including its capacity to develop and implement an adequate planning framework that gives effect to the NPS-FM; 4. Treaty partners and stakeholder perspectives; and 5. any other relevant contextual matters. Methodology 11. The investigator will: 1. spend the time needed with ORC to inform Councillors of the investigation and then undertake discussions with council staff with a focus on Senior Leadership, Planning Policy Manager, relevant Policy Planners, and technical staff; 2. the discussions with the ORC will be based around a set of investigation questions, prepared by the investigator. These questions will be pre-circulated to the ORC and the interested parties consulted; 3. undertake any additional research and analysis to the discussions required to complete the investigation; 4. seek the views of Ngāi Tahu as tangata whenua; 5. seek the views of the Department of Conservation, Federated Farmers (Otago Division), Otago Fish and Game Council, and any other stakeholders the investigator deems necessary; 6. complete a draft findings report, including recommendations for the Minister for the Environment on the options for addressing any issues identified in the investigation; and 7. finalise and present a copy of the report to the Minister for the Environment. Term of investigation 12. The investigation must begin no later than 1 July 2019 and be completed by 1 October 2019. 13. The Investigator must report back to the Minister with their final opinion by 1 October 2019. Costs 14. The cost of the salary of the investigator will be covered by the Ministry for the Environment.

Appendix 4

The list of interviewees

Organisation Interviewee Position

Otago Regional Council Sarah Gardner Chief Executive Andrew Newman Acting GM Policy, Science & Strategy Peter Constantine Planning Consultant Peter Winder Acting General Manager Regulatory Julie Everett-Hincks Science Manager Joanna Gilroy Consenting Manager Anita Dawes Acting Manager Policy Sylvie Leduc Senior Policy Analyst Tom de Pelsemaeker Senior Planner Peter Ravenscroft Environmental Resource Scientist – Freshwater

Central Otago District Council Tim Cadogan Mayor

Waitaki District Council Gary Kircher Mayor (telephone discussion)

Aukaha, Kāi Tahu Edward Ellison Chair Phillip Broughton Rūnaka Executive Member Maria Bartlett Planner Gail Tipa Consultant Kathryn Gale Kairangahau Māori Freshwater Researcher

Central Otago Winegrowers Nick Paulin President

Manuherekia Catchment Water Strategy Allan Kane Former Chair Group

Upper Clutha Water Group Mandy Bell Chair

Local irrigators Gary Kelliher Acting Chair, Manuherekia River Ltd (MRL) Matt Hickey Scientific consultant Geoff Crutchley Chair, Maniototo Irrigation Company

Appendix 4

The list of interviewees - continued

Organisation Interviewee Position

Federated Farmers Simon Davies Otago chair Andrew Patterson High Country chair Sally Dicey Consultant Resource Management Planner Kim Rielly Regional Policy Manager, South Island

Otago Water Resource Users Group (OWRUG) Ken Gillespie Chair, OWRUG & Chair, Hawkdun/Idaburn Irrigation Co.

Chris Hansen Chair, Arrow Irrigation Co. Tony Strain Arrow Irrigation Co. Susie McKeague Consultant for MAC catchments Graeme Martin Adviser

Otago Fish & Game Niall Watson Former CEO Monty Wright Chair Nigel Paragreen Environmental Officer Ian Hadland CEO Colin Weatherall Councillor

DOC Marie Long Director, RMA planning & regulatory Neil Deans Policy - freshwater liaison John Roberts South Island Manager

Irrigation NZ Elizabeth Soal CEO

Central Otago Environmental Society Ray Wright Acting Chair Evelyn Skinner Graye Shattky Matthew Sole

Individuals William Cockerill

Appendix 5

History of regulation – the Otago mining privileges Authored by Robert McClean, Ministry for the Environment

Early gold mining legislation Early gold mining legislation established and maintained a miner’s right to use water. This right is often called a ‘mining license’ or ‘mining privilege’. Under the RMA, the water right is called a deemed permit. The earliest gold mining legislation dates from 1858 and was drafted in response to the discovery of gold in Nelson. The Gold Fields Act 185816 provided the power to grant leases for mining. This included the use of water.17 Under section 7 of that Act, it was stated: It shall be lawful for the Governor in Council to demise to any person, for any term not exceeding fifteen years from the making of the Lease, any auriferous Crown Land for mining purposes, and also to grant water rights and other easements for such purposes, and to fix the amount to be paid by way of Rent or Royalty for the same respectively. This provision set the basis for the granting of mining leases (later called privileges) by the Crown. After the discovery of gold in Otago in 1861, a new Gold Fields Act was established in 1862 along with regulations for the administration of the Otago gold fields. The key sections of the Otago gold fields regulations relating to water are set out at the end of Appendix 5. The regulations prescribed: . authorisation by a Court Warden for the construction of any water race . the priority system based on ‘superiority of right’ determined by priority of occupation. This became connected to the date and time of a certificate or authority granted by a Warden . the owner of a superior right could regulate less-superior rights during periods of insufficient water supply . the Warden could regulate water supply during periods of low flow, provided that the allocation did not affect the superior right holder . sluice heads (or 40 inches of water) are to be measured by the use of a gauged water box with dimensions of 12 feet long, 10 inches deep, and 20 inches wide . the number of sluice heads allowed was established as one sluice head for 1 or 2 miners, two sluice-heads for 4 or additional miners; and so on at the rate of one sluice head to every additional two miners . the holders of water rights were not allowed any water to run to waste; but such water was to be appropriated to the use of the next holder of a right, according to the date of their respective registrations . two sluice heads of water were, if required, allowed to flow in the natural course of a creek or river for general use at all times. This approach to regulating water use on the goldfields was codified in law in the Gold Fields Act 1866.

16 Gold Fields Act 1858: http://nzlii.org/nz/legis/hist_act/gfa185821a22v1858n74240/. 17 V.B. Gray, An Examination of the Administrative System on the Otago Goldfields 1861-8, MA Thesis, 1949.

This Act defined a ‘sluice head’ as equalling ’40 inches of flowing water’ and crystallised the nature of a miner’s right whereby the Warden of the Court could authorise the construction of water races. One ‘head’ equates to one cubic foot of water per second or approximately 100 cubic metres per hour. The Act also provided that 2 sluice heads of water be allowed to flow in the natural course of the stream ‘if required’ for general use. The Gold Fields Act 1866 also attempted to tackle the issue of miners’ rights and land ownership and provided that the right to mine and use water was preserved even if the land was sold. It also allowed for the use of water (as part of a miner’s right) to be sold. Gold mining legislation after 1866 maintained the miners’ rights system to water.18 Annual renewal provisions were introduced and after 1882 owners of mining privileges had to reapply to the Court Warden for a fresh licence, but without the loss of priority.

Shift from mining to farm irrigation With the decline in mining in the later 19th century, water races became adapted for farm irrigation over large areas of Central Otago. This purpose was recognised in mining legislation from 1877 onwards which provided that water could be taken for irrigation, mill and industrial uses (in addition to water for gold mining). Permission could also be obtained to change the purpose of the water take from mining to irrigation or industrial uses. These provisions were supported by the Public Works Act 1876 which empowered the Government to supply water for gold fields. Importantly, the Public Works Act 1876 (and subsequent public works laws) provided the Crown with the power to make dams and water races without any established water limit or renewal – the rights were perpetual. In contrast, mining legislation contained limitations on licence terms for private gold miners and farm irrigators. In particular, the 1891 Mining Act stated that the Warden could not grant a licence for more than 15 years. It set out the priority of rights system which held that it was determined by the date of application for the water race licence (section 105(12)). The Mining Register was to note the day and time of the application. The Mining Act 1891 reduced the amount of water that was to remain in the natural water course from 2 sluice heads of water to 1 sluice head (section 105(19)). This legislation continued to recognise that every interest in a water race was deemed to be a chattel interest. In 1898, the legislation was amended to include a provision that the water supply of any city or town was not to be polluted. The Mining Act of 1926 extended the quantity of water allowed to 10 heads, which could not be granted for more than 42 years.

Management under the Water and Soil Conservation Act 1967 Mining privileges effectively remained unaltered until the Water and Soil Conservation Act 1967 (WSCA). This Act, which introduced a new national system for the regulation of water, was administered by the National Water and Soil Conservation Authority and regional water boards. Section 2 of the Act was amended in 1969 to provide for existing water uses. This required that every person taking water on 9 September 1966 (where this had been happening at any time for a period of 3 years up to 9 September 1966) was to give notice to the regional water board before 1 April 1970. If notice was given, then the water use was deemed to be a lawfully existing water use. The Water and Soil Conservation Act was again amended in 1971 to explicitly provide for current mining privileges granted under the mining legislation. This provided for existing mining privileges to

18 Peter Farley, Irrigation Scheming, A History of Government Irrigation in New Zealand, Peter Farley, 2013, p 23.

be authorised under section 2 of the Act. The amendment also transferred the administration of the mining privileges from the Court Wardens to the water boards. Key aspects of this transfer involved: . retention of the priority right system (section 11) . regional Water Board to issue certificates of priority (section 12) . regional Water Board may direct a specified quantity of water not exceeding one cubic foot per second be allowed for public use before the point of intake (section 15) . all records were transferred to Regional Water Board from the Warden (section 17) . upon the expiry of a current mining privilege, the Board may grant, on application, the right to continue the use and maintenance of any water race that was authorised under the expired privilege (section 24). The Water and Soil Conservation Act continued the exemption from expiry terms for mining privileges held by the Crown.

Overview of irrigation in the Manuherekia Alluvial gold mining started in the Manuherekia in 1863 and the Manuherekia Gold Field was proclaimed in August 1864. While mining was initially started by individuals with ‘picks and shovels’, the need for sluicing and the diversion of large qualities of water influenced the establishment of mining corporations and collectives and their decision to build water races and sluicing operations.19 The Government also stepped in and subsidised the construction of large water races. One of the longest water races was the Mt Ida Water race which was built between 1873 and 1877 to supply water to the Naseby township. The water race is 108 km long and takes water from the upper Manuherekia in the Hawkdun Range. 20 It was designed and supervised by the Otago Provincial Engineer and authorised by the Government Proclamation on 17 October 1873. The conversion of water races for farm watering and irrigation purposes started in the late 19th century. The Government also had a keen interest in using the mining privileges to establish farm irrigation schemes. The first surveys of irrigation in the Manuherekia, Ida and Maniototo were undertaken in 1906 and by 1913-1914. The Crown had obtained grants of water amounting to 140 heads in the Manuherekia and had started the construction of large irrigation water races.21 One of the projects was the reconstruction of the Mt Ida water race during the mid-1920s. This race had been abandoned and a storm in 1918 had washed away many stream crossings. The Ministry of Public Works actively opposed the granting of new individual water rights in the Manuherekia in order to build the irrigation schemes. An example was an application by Mr Davies who applied for a change in water intake out of the Manuherekia in September 1921. At this time, Davies had the rights for 12 heads of water granted in 1908 for irrigation purposes. The water race, however, had never been built. The District Engineer commented to the Engineer in Chief at the Public Works Department: To allow the applicant to revive this old right of twelve heads unconditionally would rob the Government scheme of that quantity of water and consequently make a considerable portion of the expenditure on the Government scheme a dead loss. Altogether, it would not be in the interests of the eventual future progress of irrigation to

19 Olssen, Erik. A History of Otago. Dunedin, N.Z.: J. McIndoe, 1984, p 65. 20 D J Hamilton, Early Water Races in Central Otago, 3rd Australian Engineering Heritage Conference, 2009. 21 Omakau Irrigation Scheme, AATE W3397 Box 24, Archives New Zealand.

permit the applicants to hold a grant of water unconditionally.22 By 1930, large irrigation schemes were underway in the Manuherekia catchment. One of the largest was the Omakau Area Irrigation Scheme which was comprised of one main race and five creek schemes. This involved the construction of the Falls Dam to deliver water to about 3,600 hectares of farm land via a 93km network of water races. To achieve this, the Government had acquired most of the water rights in the upper Manuherekia. The Omakau scheme provided 1 head of water to be allocated per 150 acres over a 150 day period.23 At the time, the estimated cost of obtaining the remaining water rights held by the late John Wilson (14 heads of Lauder Creek water) was £17,000 (including compensation).24 The decision to progress an expanded Manuherekia Irrigation Scheme and the construction of Falls Dam as an unemployment relief project was made on 23 October 1931. Other mining privileges in the area, which remained in private hands, were made submissive to the main irrigation schemes. As an example, the Thompson’s Block water race mining privilege (No. 4363, Thurlow and Others) had a condition which made its water priority subservient to the 75 heads required for the Manuherekia Scheme. Further, the privilege was conditional on the owner entering an agreement to ‘sell the right to the Crown on demand at fair valuation for the actual construction of their proposed main race in so far as it would be useful for inclusion in the Government Scheme, no claim being made for the value of water’.25 Later in the 1940s, as irrigation works continued, the Crown obtained the Thompson’s Block water race for £1,520 including the cost of building new race structures.26 Further licences were obtained over Thompsons Creek (No. 253 and 564) in 1945 for £300. It was commented at the time that ‘they are in fact the only remaining private rights of any value and should be acquired by the Crown’.27 The irrigation construction phase in 1910-1940s resulted in six main schemes being constructed in the Manuherekia-Taieri catchments: . Hawkdun Ida Burn Irrigation Scheme (1929-1931), incorporating the reconstruction of the historic Mt Ida water race, which takes water from tributaries in the Hawkdun Range and delivers water to the upper catchment of the Ida Burn and Ewe Burn catchments . Ida Valley Irrigation Scheme (1917), which is sourced from two large dams, the Poolburn and Manorburn reservoirs . Blackstone Irrigation Scheme (1920), which takes water from the main stem of the Manuherekia River and discharges water into the lower Ida Burn . Omakau Irrigation Scheme (1936), which takes water from the main stem of the Mauherekia River and also takes from Dunstan Creek, Lauder Creek, Chatto Creek and Thomsons Creek . Manuherekia Irrigation Cooperative (1922), which takes water from the Manuherekia main- stem at the Ophir Gorge and some smaller takes from Chatto Creek . Galloway Irrigation Scheme (1920), which takes water from the Manuherekia main-stem, lower Manor Dam and Dip Creek.

22 District Engineer to Engineer in Chief, Public Works Department, 21 September 1921, Omakau Irrigation Scheme, AATE W3397 Box 24, Archives New Zealand. 23 Ministry of Works, Irrigation in Central Otago, 1954, p 33. 24 Irrigation Omakau Scheme, 1930-1933. W1 W2550 8 64/69, Archives New Zealand. 25 Ibid. 26 Omakau Irrigation Scheme, Matokanui Water Rights, AATE W3397 Box 26, Archives New Zealand. 27 Resident Engineer to District Engineer, PWD, 23 May 1945, Omakau Irrigation Scheme, Matokanui Water Rights, AATE W3397 Box 26, Archives New Zealand.

The bulk of these schemes were constructed by the Ministry of Works, and their water takes (except for the Hawkdun/Ida Burn) were largely dependent on the mining privileges held by the Crown. Since the 1940s, there have been various calls to increase irrigation and water storage in the Manuherekia. An example of this was a meeting between Manuherekia farmers and the Minister of Works in 1956.28 It was commented at the time that the valley was desperately short of water and that the Falls Dam had not been completed to its originally intended height (as it was considered to be 42 feet short). The dam would also require strengthening. It was commented that the capital cost was very high and funding to upgrade the dam was not supported by the Minister of Works at the time. Increasing costs to maintain the water storage and races continued to be a major hurdle in Central Otago from the 1950s onwards. A variety of studies carried out by the Ministry of Works (later Minister of Works and Development) noted the challenges around the cost of maintenance, reliance on run-of- the-river intakes, difficultly in management of small schemes and inadequacy of flow to meet summer water demands. 29 A 1954 report also highlighted that the government irrigation schemes in the Manuherekia were entirely dependent on the mining privileges authorised under mining legislation. 30

Irrigation restructuring in the 1980s Government restructuring in the late 1980s radically changed the irrigation landscape in Central Otago and elsewhere around New Zealand. Faced with mounting costs to maintain the historic irrigation schemes, the Government made a decision to end the construction and maintenance of farm irrigation and embarked on a plan to sell the schemes to farmer cooperatives or corporations. This coincided with the disestablishment of the Ministry of Works and Development in 1987. Negotiations for the sale of the Crown irrigation schemes started in the late 1980s. Groups of irrigators established incorporated societies, such as the Galloway Irrigation Society Incorporated which was created in 1986. It was the Crown’s policy to transfer all the mining privileges to irrigation companies or adjacent landowners by 31 May 2000.31 A primary concern of the irrigators was the fate of mining privileges. As indicated above, the Crown irrigation schemes were built on the basis of the Crown holding perpetual rights to the water under the mining privileges. These perpetual rights were to be extinguished during the sale of the irrigation schemes. As an example, the Omakau Scheme included a number of primary expired mining privileges for the taking of water as outlined in the table below. The primary deemed permits included No. 5785 (the 5th Priority) which provided a take of 70 heads from the Manuherekia and the Falls Dam share of 80 heads (No.5768N). These water takes had been continued by the Crown under the Public Works Act exemption. In addition to these takes, there were a number of bywash or discharge privileges. The most significant of these discharges was the No. 1 to the Manuherekia River (providing a maximum discharge of 200 cusecs).

28 12 March 1956, Notes of interview between Hon Minister Goosman, Minister of Works and a deputation representing people served by the Falls Dam area (Roxburgh), Omakau Irrigation Scheme, Matokanui Water Rights, AATE W3397 Box 26, Archives New Zealand. 29 MWD, Working Party Report, Central Otago Irrigation, 1981. 30 Ministry of Works, Irrigation in Central Otago, 1954. 31 Peter Farley, Irrigation Scheming, A History of Government Irrigation in New Zealand, Peter Farley, 2013, p 26.

Summary of Omakau Scheme Water Takes (estimates only at 1987)

Mining Water take Original Maximum usage (cusecs) privilege no. expiry date

Summer Winter

5768N Falls Dam in Manuherekia River 2.5.1980

WR4363 Manuherekia River 12 2

WR5785N Manuherekia River (5th priority) 3.10.1959 80 -

Two Public Works Act takings, Becks 6 - Creek (unknown) Two Public Works Act takings, 4 Thompsons Creek (unknown) WR1464B, Thompsons Creek Expiry dates 15 3 3033, 289, 295 from 1941- 1966 WR5784N Dunstan Creek (2nd priority) 3.10.1959 18 -

WR513B Lauder Creek (2nd Priority) 30.8.1948 15 -

WR219B Muddy Creek 24.7.1944 1

Two Public works Act taking, 4 1 Blackbush Creek (unknown) WR518 Middle Creek 28.5.1945 3 1

WR516 Coal Creek 1 -

WR515 Scotts Creek 30.8.1948 2 1

WR301 Devonshire Creek 1 -

WR306, 1240 Thompsons Creek 10 3

Source, Archives New Zealand32

In addition to the water takes listed in the table above, the Omakau scheme involved many other expired and unused mining privileges relating to Thompsons Creek, Blackbush Creek, Devonshire Creek and other streams.33 For most of the negotiations based on mining privileges in Central Otago, the irrigator societies requested a 30 year security of water supply. The 30 year period was chosen on the basis that the new private owners would need to invest funds to upgrade the historic water races and the 30 year period

32 ALLR W5427 873 Box 719 Irrigation Schemes South Island Omakau, Archives New Zealand. 33 ALLR W5427 873 Box 719 Irrigation Schemes South Island Omakau, Archives New Zealand.

would give time to recover the capital expenditure incurred.34 As explained by Peter Farley: The approach taken was to sell the government-owned schemes, including all “Headworks,” on an “as is, where is” basis with the purchaser being given a period of statutory access rights to enable them to complete at their own cost, matters such as the definition and registration of access rights which would otherwise have to have been done by the government. The sale process did not involve altering the nature of the water rights held by schemes except to limit the term of any water right to its current term or to 30 years, whichever was less. Access rights were also preserved.35 It was intended that the period of transition would influence the sale price of the irrigation scheme: As the schemes were sold as going concerns, the water rights were included as one of the scheme assets. There was no attempt to use the sale process to extend or modify water rights except to set a limit of 30 years on the Mining Rights. In some cases, major schemes faced applying for new water rights within two years of the sale. This issue was addressed by allowing for the expected costs of applying for renewal of the rights when negotiating the sale price.36 The Crown agreed to the 30 year period during the individual irrigation negotiations and a clause was inserted in the purchase agreements for those irrigation schemes based on mining privileges. This clause promised that the Crown would introduce legislation to secure the 30 year water right term. As an example, the Agreement for Sale and Purchase of Omakau Irrigation Scheme of 23 August 1989 stated: 5.2 The Crown shall pass legislation providing for the Mining Privileges, Water Rights and Dam Licence (called ‘the Rights’) to be transferred to the Purchaser with the same conditions, priorities, privileges and terms upon which they are held by the Crown PROVIDED THAT the terms of the Rights shall expire on the earlier of the date of termination of those Rights upon the terms as now held by the Crown or 30 years from the settlement date.37 All the major Central Otago irrigation schemes were sold to local farmer cooperatives and corporations during 1989, including the Manuherekia, Omakau, Hawkdun, Blackstone and Galloway schemes. The Ida Valley scheme was not sold until 1996. The schemes were sold for either nothing or $1 and involved substantial grants by the Crown to upgrade the historic water race infrastructure.38 The Omakau, Manuherekia and Blackstone irrigation groups ended up with shares in the Fall Dam (managed by the Falls Dam Company Ltd) and the bulk of the water managed by the irrigation schemes (except for Hawkdun) was held under mining privileges. The irrigation sales were followed by the Irrigation Schemes Act 1990 which delivered the promised legislation to transfer the mining privileges. For mining privileges acquired by the Crown for the construction of the irrigation schemes, the Irrigation Schemes Act confirmed the 30 year transition period whereby any water rights acquired would continue to exist for a 30 year period after acquisition of the scheme.

34 ALLR W5427 873 Box 719 Irrigation Schemes South Island Omakau, Archives New Zealand. 35 Peter J Farley, Privatization of Irrigation Schemes in New Zealand, International Irrigation Management Institute, 1994, p 7. 36 ibid, p 8. 37 ALLR W5427 873 Box 719 Irrigation Schemes South Island Omakau, Archives New Zealand. 38 The Manuherekia Irrigation Scheme was purchased for $125,000 but the sale price included two houses and a depot as part of the irrigation assets. Reference, Peter Farley, Irrigation Scheming, A History of Government Irrigation in New Zealand, Peter Farley, 2013, p 224.

Under section 6(1) of the Irrigation Schemes Act 1990, the transfer of mining privileges was provided for: Where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, any mining privilege held by the Crown in relation to the scheme shall be deemed to be transferred to the person to whom the scheme is sold or otherwise disposed of. Section 6(2) of the Act also provided that ‘any such mining privilege deemed to be transferred…shall continue in force for a period of 30 years commencing on the date of transfer and shall then expire.’ Later, the Resource Management Act 1991, amended this provision to state: Except as otherwise provided in section 413(3) of the Resource Management Act 1991, any such mining privilege deemed to be transferred pursuant to subsection (1) shall continue in force for a period of 30 years commencing on the date of transfer and shall then expire.

Mining Privileges under the RMA At the same time as the Government was in the process of privatising the irrigation schemes, the Resource Management Law Reform (RMLR) process was overhauling environmental laws. A key concern of the reform was a review of water management and the need to ensure sufficient instream flows, especially for the habitat of trout and salmon. Another key concern was a shift away from ‘water rights and private ownership’ to ‘water management’ especially in view of the principles of the Treaty of Waitangi. In terms of the mining privileges in Central Otago, the Resource Management Law Reform (RMLR) papers indicate that the Crown considered that the mining privileges needed to be phased out due to the impact of over allocation (leading to insufficient instream flows), loss of environmental water quality, and lack of transferability as the privileges are ‘tied to a piece of land’.39 Initially, the Ministry for the Environment proposed that the Resource Management Bill establish a 10 year expiry date for the mining privileges. This period was strongly opposed by the Treasury and the Ministry of Agriculture and Fisheries (MAF) on the basis of the Crown irrigation sales and the negotiated 30 year period for the mining privileges. At the time, Treasury estimated that a 10 year term would reduce the value of irrigation schemes and sales and revenue to the Crown by around $7 million. 40 It was stated that the 30 year transition period was to provide for the ‘reasonable expectations of the current generation to realise their investment in their present irrigation arrangements.’ To enhance minimum water flows, it was proposed to promote voluntary acquisition of the deemed permits by the regional council. It was also envisaged that compulsory taking of the mining privileges would be considered with the provision of compensation to the owners. Consequently, when the Resource Management Bill was being considered by Cabinet in April 1990 (POL (90) M 11/6), a 30 year transition period had been decided and it was agreed: That Government’s concern is for the establishment of flows that are sufficient to meet minimum standards and that protect the national interest in instream values in Central Otago rivers and streams. Cabinet also noted that the ‘detailing of this national interest for instream flows will require the collection of basic data on flows, uses and instream needs over the next two years’. Despite the recent sale of the mining privileges as part of the disposal of the Crown irrigation schemes,

39 RMLR: Funding and Accountability Mechanisms for Conversion of Mining Privileges, POL(90) 81, 10 April 1990. 40 Peter Farley, Irrigation Scheming, A History of Government Irrigation in New Zealand, Peter Farley, 2013, p 101.

the Government was interested in buying-back the privileges to protect the rivers of Central Otago. Cabinet noted that ‘water and soil block subsidy is able to be allocated to fund the national interest in the investigation and measures of purchase and compensation for the Otago mining privileges conversation programme and that the Minister for the Environment determines the priorities.’ If the water and soil block subsidy programme was to be discontinued (which it was), or funds were insufficient, then officials were to report back on ‘how to fund the achievement of these national interest outcomes in the Otago mining privilege conversion programme.’41 With the enactment of the RMA in 1991, all the mining privileges became deemed permits. In 2014, it was estimated that in the Manuherekia catchment, ‘the six irrigation schemes (Blackstone, Galloway, Hawkdun Idaburn, Ida Valley, Manuherekia and Omakau) have entitlement to 68.7% (on a volume basis) of the available water allocation in the catchment.’42 The water takes and discharges for all the irrigation schemes, with the exception of the Hawkdun Idaburn, are authorised by deemed permits. With reference to the Omakau Irrigation Scheme as an example, 15 deemed permits provide for the use of 3,850 L/s of water.43 All of the deemed permits are set to expire on 1 October 2021.

41 RMLR: Funding and Accountability Mechanisms for Conversion[?] of Mining Privileges, POL(90) 81, 10 April 1990. 42 Golder Associates, Manuherikia Feasibility Study – Consent Review – Current Resource Consents, 2 April 2014. 43 Ibid.

Extract from Rules and Regulations of the Otago Goldfields 1862 http://nzetc.victoria.ac.nz/tm/scholarly/tei-Stout63-t13-body-d1.html IV.—WATER RIGHTS AND RACES. 1.—Head Races. Any person intending to divert and use water for mining purposes by means of any Head Race, shall give notice thereof, in writing to the Warden, and to the holder or holders (if any) of a prior right or rights to divert and use water from the same source; and such notice shall be in the form hereinafter set forth; and copies of such notice shall be posted and maintained for 14 clear days at the source whence it is proposed to obtain water, and at the proposed termination of such race; and the intended course thereof shall be indicated by pegs not less than 2 inches square, or by large stones marked ↑, and placed not more than two hundred yards apart. And if no valid objection be entered against such races within 14 clear days from the posting of such notices, a Certificate of Registration may be granted by the Warden to the applicant. FORM OF NOTICE. (District and date.) To the Warden at I hereby give notice that I intend to construct a Head Water Race for Mining Purpose, commencing at a point (*) and terminating (*) The length of each Race is _____ or thereabouts, and its intended course is (*). [Signature and address in full of applicant]— * Here describe precise localities. * Do. * Do. 2.—Races already constructed. Races constructed prior to the Proclamation of any Gold Field, or of these Rules and Regulations, must be registered with the Warden, as provided by Section 1. 8.—Superiority of Right. Superiority of right to a supply of water shall be determined by priority of occupation, the earlier occupant having the superior right. In all cases when the occupier claims under a certificate or other authority in writing granted by a Warden or Commissioner, occupation shall be taken to have commenced at the date of such certificate or authority. 4.—Races to be commenced within one month. The cutting and formation of races must be commenced within one calendar month from the date of registration, and the occupiers shall continue cutting and forming the same until the work is completed, otherwise any superiority of right to which they may be entitled by virtue of such registration shall be deemed to be forfeited. 5.—Superiority of Right Forfeited by Disuse. If any race shall be entirely unused for a full period of thirty days at a time when water is available for it, occupation of the right shall be deemed to have recommenced at the last re-occupation thereof. 6.—Abandonment of Races. All rights to any race shall become forfeited if abandoned for the space of one calendar month, unless

in cases of sickness or unavoidable absence, or in consequence of failure of water; but it shall be lawful for the Warden in his discretion, upon sufficient cause being shown, to suspend the operation of this Regulation for a further period of one month, and a certificate of such suspension shall be given in writing to the occupiers. 7.—Heads of Races. All races that may hereafter be cut, shall have a point specified at which they shall be taken from the creek or river. In races already cut, this point shall be taken to be the spot from which the race now heads. No person shall shift or alter the head of any race without the written sanction of the Warden, nor to the prejudice of any existing right. 8.—Alteration of Races. The alteration or extension of a race at any time shall not in any way affect any right or privilege attached to such race; and the holders thereof shall, during such alteration or extension, be deemed to be in occupation of all the rights and privileges attached to such race: provided that such alteration or extension shall first be approved by the Warden. 9.—Insufficient Supply of Water. If the water flowing in any creek or river is insufficient to supply all the races connected therewith, the owner of any right shall—on receipt of a written notice from the owner of a superior right, stating that the supply of such superior right is less than he is entitled to—immediately cease to use the water, or such portion thereof as may be necessary to make up the supply of the superior right. 10.—Water Gauge. If any dispute shall arise between holders of water-rights deriving their supply from the same creek or water-course, relative to the quantity of water to which each of them, the said holders, is or may be entitled, the following shall be taken to be a head of water, and such holders shall be limited thereto:— A stream of water gauged by a box, 12 feet long, 10 inches deep, and 20 inches wide, all measured in the clear. The box shall be covered throughout. The upper or entrance end of such box may be left entirely open; but the lower end, or end of exit, shall be fitted with a bar 2 inches high, affixed to the floor of the box, and with a pressure or headboard, 6 inches deep, affixed to the top of the box, leaving an aperture of 2 inches in depth, and of the full width of the box. (a.) If more than one sluice head of water requires to be gauged, the gauge-box should be enlarged horizontally to ensure accurate measurement. But when this cannot be done owing to natural obstacles, or other sufficient reasons, the gauge-box may be enlarged perpendicularly, in which case the depth of the pressure or headboard shall be reduced at the rate of 1 inch for every additional head of water that is perpendicularly measured. (b.) The gauge-box shall at all times be placed on a level. When water is taken from one source only, the supply shall be gauged at the head of the race, or the source of supply. But if the race is fed, or supplied in part, by any side stream, or streams, the gauge-box shall be placed immediately below such side stream, or the last of such side streams. (c.) The velocity of the water above the gauge-box shall, if required, be lessened by the construction of a dam bank, or by levelling the race for a distance of 30 feet; and such velocity shall not exceed an average of 1 foot per second in the said 30 feet, to be gauged by a float. 11.—Supply of Water may be Reduced. When the supply of water from any creek or stream shall be insufficient for the use of all the holders of water rights thereon, it shall be lawful for the Warden, upon adequate cause being shown, to reduce the quantity, in due and equal proportion, which the said holders shall be entitled to draw therefrom, and to regulate the time and mode in which such water may be used.

Provided that nothing herein contained shall be deemed or taken to affect the rights of the holder or holders of a first water-right hereafter granted on any stream; but such holder or holders shall at all times be entitled to the lull supply of water for which he or they shall be registered. 12.—Number of Sluice Heads allowed. The number of sluice heads allowed for any such race, as aforesaid, shall be as follows:—One or two miners, one sluice head, or 40 inches of water; four or more miners, two sluice-heads; and so on at the rate of one sluice-head to every additional two miners. 13.—Water not to be wasted. Holders of rights shall not allow any water to run to waste; but such water shall be appropriated to the use of the next holder of a right, according to the date of their respective registrations. 14.—Transfer or assignment. The transfer or assignment of any race, or of any interest therein, shall not affect any right or privilege attached to such race; provided that, any such transfer or assignment shall have been duly registered at the office of the Warden, and a memorandum thereof made upon the back of the original certificate. 15.—Keeping Races in Repair, Bridging, &c. The holder or occupier of any race shall keep the same in repair, and shall make an efficient bridge where any road in ordinary use crosses the race, upon being required to do so by the Warden. 16.—Working Ground occupied for Races. Any person desirous of working the ground on which any race or portion of a race is situated, may do so by first providing an equally good race for the use of the occupier; provided that the consent of the Warden thereto be first obtained. 17.—Reservations. No water-right shall be granted for the use or diversion of any water which is, or may be, required for public purposes, or for the use of the miners generally. 18.—Water for General Use. Two sluice-heads of water shall, if required, be at all times allowed to flow in the natural course of a creek or river for general use. 19.—Causing Claims to be flooded. No person shall back the water of any creek, river, race, or water-course, upon any claim, or otherwise cause any claim to be flooded, either wilfully or by neglect. 20.—Obstructions to Water Courses. No person shall deposit any earth, stones, tailings, or other substance in the bed of any water-course, to as to obstruct the flow of water therein. 21.—Side streams. Where a race crosses any water-course, the use of which is required by holders of Miners' Rights, it shall be carried either over or under the same, so as not to interfere with the natural flow of water therein. 22.—Construction of Tail-races. Before any person shall construct a tail-race, he shall first proceed by notice in the same manner as is directed in Section 1, for headraces. But such notice shall only require to be posted for seven (7) clear days; at the expiration whereof the applicant shall return to the Warden a copy of the notice, which shall be signed by the holders of the four (4) nearest claims, as expressing their assent to or dissent

PAGE 10cient size to carry off the sludge or water), shall be constructed and kept in repair by the owner of the machine whence such sludge or water proceeds. 8.—Forfeiture of Dams or Machines. The site of any dam or machine not commenced within seven days from the date of the grant thereof, or not completed within a reasonable time, or any dam or machine unoccupied for one calendar month during a period when sufficient water has been available, shall be deemed to be forfeited, and may be granted by the Warden to any person who may apply for the same. 9.—Injury to Property by Dams. If any claim shall be flooded, or property injured by the bursting of any dam-bank, the owner of such dam shall be liable for any loss or damage occasioned thereby; provided that it is proved to the satisfaction of the Warden that such breaking away resulted from the faulty construction of such dam. 10.—Sites proving Auriferous. If it shall be proved that the ground occupied by any dam or machine contains auriferous earth or quartz, the owner of such dam or machine may be compelled to leave or remove the same: Provided that adequate compensation for such leaving or removal shall first have been estimated by assessors and paid by the person desirous of working the ground. VI.—CREEK CLAIMS. 1.—Notice of Diversion to be given. Any person desirous of diverting the course of a permanent stream for the purpose of working the bed thereof as a creek claim, shall first give notice of his intention to the Warden, and to all parties wording in, or occupying claims adjoining the proposed line of diversion. Such Notices shall be in the form hereinafter prescribed, and copies thereof shall be posted and maintained, for a period of Ten clear days, at the points proposed for the commencement and termination of such diversion, as aforesaid, and if no valid objection be entered there against within the aforesaid period, the Warden may issue a Certificate of Registration to the applicant. FORM OF NOTICE. (District and data) No. I hereby give notice that I intend to divert the course of (name of stream) and to form a new channel therefor, commencing at a point situate (*), and terminating at a point (*) (Signature, &c.)______*Here insert, with sufficient accuracy, the localities. 2.—Wall to be Allowed. Holders of creek claims shall be allowed a sufficient wall between the channel of diversion and the bed of the stream; and the width of such wall shall be defined by the Warden.

Appendix 6

Summary of the state of the freshwater environment for the Manuherekia, Arrow, Cardrona, and Taieri catchments

Authored by Isaac Bain, Ministry for the Environment

Introduction This report aims to provide a brief summary of the state of the freshwater environment for the Manuherekia, Arrow, Cardrona, and Taieri catchments. It focusses on drivers, pressures, state (including trends) and impact. We are limited to only reviewing existing state of the environment information and no new field data were collected.

Manuherekia catchment

Overview The Manuherekia is a large catchment (3035 km2) located near Alexandra, central Otago.44 It has a long history of water abstractions, and a convoluted network of structures has been developed to abstract, store, and transport water around the catchment. There is widespread concern over water quantity and to a lesser degree water quality in the catchment.

Key drivers and pressures Land cover in the Manuherekia catchment, as of 2012, was dominated by grassland (90% of total land area)45 and much of this was exotic grassland (62%). Tussock grassland extent was around half of exotic grassland (27%). There was a significant increase in the extent of cropland between 1996 and 2012, increasing by 306ha or 24%. This appears to be mostly conversions from grassland or shrubland into cropland. Land use of the grassland systems is dominated by sheep and beef grazing, with the lower catchment able to support more intensive uses due to irrigation.46 There has also been recent expansion of dairy.

State and trends of wetlands No assessment of wetlands in the Manuherekia catchment is provided by ORC in state of the environment reports found on their website.47 This lack of reporting is concerning as wetlands are an

44 https://www.lawa.org.nz/explore-data/otago-region/river-quality/manuherikia-river/ 45 https://www.lawa.org.nz/explore-data/land-cover/ 46 https://www.orc.govt.nz/media/6188/water-quality-and-ecosystem-health-in-the-manuherikia-soe-web.pdf 47 https://www.orc.govt.nz/media/6129/2018-wq-report-card-lower-manuherikia-pdf.pdf https://www.orc.govt.nz/media/6143/2018-wq-report-card-upper-manuherikia-pdf.pdf https://www.orc.govt.nz/media/6188/water-quality-and-ecosystem-health-in-the-manuherikia-soe-web.pdf https://www.orc.govt.nz/media/6957/final_orc_soe_report_2006_to_2017.pdf https://www.orc.govt.nz/media/6296/2017-2018-soe-report-card.pdf

important type of freshwater ecosystem and are sensitive to changes in hydrology and land use change. A search of the Freshwater Ecosystems of New Zealand48 (FENZ)’s wetland layer revealed current wetland extent to total 1,598ha. Historic wetland extent totalled 8,508ha, which means 81% of wetlands have been lost throughout the catchment. Field data is not available for us to comment on the condition of remaining wetlands. However the FENZ index of condition (overall index of integrity from completely degraded: 0 to pristine: 1) had a mean value for all wetlands in the catchment of 0.645 (range: 0.203 – 0.967) which indicates a moderate level of impact. ORC does publish a wetland inventory which contains some information about the location, values and size of various wetlands (especially regionally significant wetlands). However, this is lacking in information about the condition of remaining wetlands.

State and trends of lakes ORC states that there are 63 lakes in Otago that are greater or equal to 10ha in size. It monitors nine of these lakes as part of its state of the environment programme,49 none of which are located in the Manuherekia catchment. The Council mentions that these nine lakes provide a good representation of lake types and lake-catchment land-uses across the region. A search of the FENZ lake layer revealed 42 lakes greater than 1ha (including dams and reservoirs) in the Manuherekia catchment. If dams are excluded, this number drops to nine lakes; the largest of which is a 10.5ha glacial-type lake at the head of the west branch of the Manuherekia River (upstream land cover: 100% natural). Also of note is the man-made 8ha Blue Lake (upstream land cover: 12.8% natural, 64.9% pasture). None of the nine SOE monitored lakes in Otago are similar to the lakes found in the Manuherekia catchment. Of the two reservoir-lakes monitored, these are both large (> 1000ha) and have predominately natural catchments (> 90%). The smallest monitored lake (26ha) has a predominately natural catchment (97.6%). Thus, the reservoirs in the Manuherekia catchment are poorly represented in monitoring because they are much smaller and of dissimilar catchment land cover. The small lakes of the Manuherekia catchment are also poorly represented because ORC does not monitor small lakes that are likely to be affected by pasture catchments. The smallest lake that ORC monitors that has predominately pasture catchment (80%) is 130ha in size, many times larger than the lakes of the Manuherekia. Sufficient data are not available for us to comment on the condition of lakes in the Manuherekia catchment. In addition, ORC does not monitor lakes representative of the ones found in the catchment.

State and trends of streams/rivers

Water quality Numerical limits for water quality are set in Schedule 15 of the ORC Regional Plan: Water. The relevant statistics are five-year 80th percentiles, when flows are at or below median flow.

https://www.doc.govt.nz/our-work/freshwater-ecosystems-of-new-zealand/ https://www.orc.govt.nz/media/6957/final_orc_soe_report_2006_to_2017.pdf 48 https://www.doc.govt.nz/our-work/freshwater-ecosystems-of-new-zealand/ 49 https://www.orc.govt.nz/media/6957/final_orc_soe_report_2006_to_2017.pdf

Results as of June 2018 show that phosphorus, E. coli and turbidity have the most exceedances.50 Exceedances of these parameters are associated with poor land management.51 Nitrogen appears to be of less concern in this catchment given current concentrations.

Parameter Number of sites that exceed limit Nitrogen (NNN) 1 (20%)

Ammonium (NH4-N) 0 (0%) Dissolved phosphorus (DRP) 3 (60%) E. coli 2 (40%) Turbidity 2 (40%)

Data from Environment Aotearoa 201952 for ten-year trends indicate that, at one site, E. coli trends were indeterminate, and likely worsening at the other site. For total nitrogen and nitrate nitrogen, trends were either indeterminate or improving. For ammoniacal nitrogen, trends were either indeterminate or very likely worsening. Note that indeterminate trends do not mean trends were remaining stable, simply that sufficient data were not available to provide statistical significance of direction. Information received from ORC highlights similar trends, with the addition of worsening trends for DRP and turbidity.

Water quantity Our assessment of the state of water quantity has been restricted by the lack of good hydrological information in the Manuherekia catchment. Two critical pieces of information are unable to be reliably estimated; (1) naturalised flows in the river, (2) actual water usage. With better investment in hydrological modelling these barriers could be overcome. Notwithstanding the lack of reliable hydrological information, it is clear that the water quantity of the Manuherekia catchment is severely impacted – the point of contention surrounds the exact degree of impact. This impact is due to landscape characteristics (arid climate, high evapotranspiration, low precipitation) mediated by a high degree of hydrological modification (abstractions and transport). Consented primary surface water takes are estimated to total approximately 32 cumecs, which is eight times the naturalised Mean Annual Low Flow (MALF) (3.9 m3/s), or twice the naturalised mean flow (18.5 m3/s). Actual water use is estimated to be lower than consented use, at 16 m3/s when flows are favourable or 7-9 m3/s during peak summer conditions.

Aquatic life

Macroinvertebrates Macroinvertebrates were measured during the summer of 2017/18 as a snapshot at two sites in the Manuherekia.53 Manuherekia at Ophir scored a 111 for MCI (good) and 5.4 for SQMCI (good). Dunstan Creek scored a 119 for MCI (good) and 7.6 for SQMCI (excellent). Care must be taken in interpreting a

50 https://www.orc.govt.nz/media/6129/2018-wq-report-card-lower-manuherikia-pdf.pdfhttps:/; /www.orc.govt.nz/media/6143/2018-wq-report-card-upper-manuherikia-pdf.pdf 51 https://www.orc.govt.nz/media/6188/water-quality-and-ecosystem-health-in-the-manuherikia-soe-web.pdf 52 https://www.mfe.govt.nz/environment-aotearoa-2019 53 https://www.orc.govt.nz/media/6296/2017-2018-soe-report-card.pdf

single snapshot of macroinvertebrates as it may not reflect a true overview of the long-term state of macrioinvertebrates in the Manuherekia catchment.

Periphyton Relatively low abundances of algae were reported in 2017/18. However, two sites had both Didymo and Phormidium.

Fish Electric fish monitoring was conducted at Thompsons Creek in 2017/18 which found 4 different species, mostly upland bully and brown trout with longfin and shortfin eels also present. These results show low diversity and abundance of fish species relative to what would naturally be expected under reference conditions. It is known that Central Otago, including the Manuherekia catchment, is a hotspot of diversity for endemic galaxiids, with 13 described and undescribed taxa recognised in the region. Non-migratory galaxias are threatened by water abstraction, land-use change, and salmonids. Their remaining populations are highly fragmented, typically occurring in smaller tributary streams and wetlands.

Habitat Information on habitat is not available from routine state of the environment reporting by ORC. An investigation of water quality and ecosystem health was conducted between late 2009 and early 2011.54 This report found that the majority of the Manuherekia catchment had minimal fine sediment build-up on the stream bed, with the exceptions of Pool Burn upper and Lauder Creek, which were covered in fine sediment. Fish passage is an issue, due to water infrastructure, both in the Manuherekia catchment and downstream in the Clutha main-stem. This has led to connectivity of habitat being reduced for fish.

Ecological processes Ecological processes are the interactions among biota and their physical and chemical environment, including biogeochemical processes. Indicators of ecological processes in rivers provide a measure of how well a stream is functioning, as opposed to how the ecosystem is structured.55 No information is available to assess ecological processes in the Manuherekia catchment. This probably reflects a lack of monitoring, though simple indicators of ecological processes are now available and are used by other regional councils (such as cotton strip assay).

State and trends of groundwater ORC recognises various aquifers in the Manuherekia catchment. These are the Alluvium Aquifer, Manuherekia Groundwater Management Zone, Ida Valley Groundwater Management Zone, and the Manuherekia Clay Bound Aquifer. Their water quality allocation limit has been set at 50% of MAR. Information could not be found to assess the state of groundwater quality in the Manuherekia catchment.

54 https://www.orc.govt.nz/media/6188/water-quality-and-ecosystem-health-in-the-manuherikia-soe-web.pdf 55 https://www.mfe.govt.nz/sites/default/files/media/Fresh%20water/freshwater-ecosystem-health- framework.pdf

Conclusions  Wetlands remain in the Manuherekia catchment, but their condition is not well understood.  The lakes of the Manuherekia catchment are not SOE monitored, nor does representative monitoring take place in the region. These lakes are likely to be in poor condition given surrounding land use.  Water quality in rivers is poor and declining for phosphorus, E. coli and turbidity.  Water quantity is poorly understood, but likely to be severely over-allocated in terms of abstractions and flow.  The Manuherekia contains many rare, endemic, fish species that may be in serious trouble. Other common species are also poorly represented.

Arrow catchment

Overview The Arrow is a small catchment of 240km2 that feeds into the Kawarau River just east of Arrowtown. If the Arrow/Wakatipu Basin is considered part of the area, then this includes Lake Hayes, though this is not part of the catchment of the Arrow River. The Arrow catchment has steep headwaters draining the Harris mountain range.

Key drivers and pressures Land cover in the Arrow catchment is dominated by low producing grassland (80%) which includes tussocklands, with large areas of high producing grassland in the lower catchment (7.3%). The settlement of Arrowtown covers approximately 1.2% of the catchment – but urban areas can have a disproportionate impact on freshwaters relative to their areal extent.

State and trends of wetlands A search of the Freshwater Ecosystems of New Zealand56 (FENZ)’s wetland layer revealed current wetland extent to total 3.66ha. Historic wetland extent totalled 22.9ha, which means 84% of wetlands have been lost throughout the catchment. Field data is not available for us to comment on the condition of remaining wetlands. However the FENZ index of condition (overall index of integrity from completely degraded: 0 to pristine: 1) had a mean value for all wetlands in the catchment of 0.818 (range: 0.296 – 0.905) which indicates low levels of impact.

State and trends of lakes There are no lakes greater than 1ha in the Arrow catchment. Lake Hayes is however in the wider Arrow Basin area, which had the following exceedances:

Parameter Number of sites that exceed limit Nitrogen (TN) 0 (0%)

Ammonium (NH4-N) 0 (0%) Phosphorus (TP) 1 (100%) E. coli 0 (0%) Turbidity 0 (0%)

Note the above E. coli statistic is reported as part of SOE monitoring which uses long-term measures to assess average state. However, surveillance monitoring for swimming indicates a number of breaches for E. coli over the last three years, which has resulted in a medium risk rating.57 Lake Hayes had a Trophic Level Index of 3.6 as of 2017 (cf. 4.69 as of 2009). This indicates average water quality and mesotrophic lake conditions (moderate levels of nutrients and algae).

56 https://www.doc.govt.nz/our-work/freshwater-ecosystems-of-new-zealand/ 57 https://www.lawa.org.nz/explore-data/otago-region/swimming/lake-hayes-at-mill-creek-shallows/swimsite

State and trends of streams/rivers

Water quality SOE monitoring sites have only recently been established in the Arrow catchment (July 2018) so it will be a number of years before exceedance statistics can be calculated. There is one river site in the Arrow Basin, Mill Creek at Fish Trap, which had the following exceedances:

Parameter Number of sites that exceed limit Nitrogen (NNN) 1 (100%)

Ammonium (NH4-N) 0 (0%) Dissolved phosphorus (DRP) 0 (0%) E. coli 1 (100%) Turbidity 0 (0%)

Given the low intensity land use upstream of Arrowtown, water quality is expected to be good above the residential areas. There is potential for urban and agricultural contaminants to impact water quality in the lower reaches.

Water quantity Observed 7d MALF is 1.03 m3/s compared with a naturalised 7d MALF of 1.4 m3/s.58 This indicates relatively low levels of actual water usage from the 22 surface water takes. The average ratio of actual: consented water takes varied throughout the year, with very low (~2%) ratios in winter months to moderate during summer months (~30%).

Aquatic life

Macroinvertebrates Macroinvertebrate results are not available yet as the new biomonitoring programme for the Arrow catchment was only established in January 2019. MCI and SQMCI results for Mill Creek both indicate “probable moderate pollution”59 (85 and 4.1 respectively). The SQMCI results of 4.1 is close to the boundary of < 4 which indicates “probable severe pollution”.

Periphyton Periphyton data is not available, but may be an issue during prolonged low flow periods especially below Arrowtown.

Fish Koaro is the only native fish recorded in the catchment. Brown and rainbow trout are also present, but do not penetrate far upstream of Arrowtown. Eels are likely to be significantly impeded by fish barriers at hydro-electric dams on the Clutha River / Mata-Au.

58 https://www.orc.govt.nz/media/4204/arrow-river-science-update-dec-2017_web.pdf 59 https://www.mfe.govt.nz/sites/default/files/mci-user-guide-may07.pdf

Habitat Data is not available to comment on for the state of habitat in the Arrow catchment. It is noted however that gravel and sand beds may be important spawning grounds for the resident trout.

Ecological processes Data is not available to comment on for the state of ecological processes.

State and trends of groundwater Aquifers in the Arrow/Wakatipu are not particularly well monitored in terms of quantity and especially quality. A 2017 ORC report on the Arrow-Bush Ribbon aquifer recommended a complete aquifer study is required to have better understanding of extent, capacity, recharge zones, and the effects of abstraction.60 A 2004 investigation into Wakatipu Basin aquifers61 stated that water quality was generally very good. Nitrate-nitrogen and potassium concentrations were slightly elevated, probably because of animal grazing and fertiliser application. It is possible that water quality has declined since this time but to what extent is unknown. Conclusion  Small areas of wetland exist throughout the catchment, but their condition are unknown.  The condition of Lake Hayes is concerning, and may be close to a tipping point. Eutrophication and pathogens are an issue, with swimming warnings becoming more frequent.  Actual usage of water is low compared to paper allocation.  Macroinvertebrate scores for the inflows to Lake Hayes indicate water quality issues.  Fish diversity is very low, with only one native species having been recorded.

60 https://www.orc.govt.nz/media/4197/arrow-bush-ribbon-aquifer-report.pdf 61 https://www.orc.govt.nz/media/4198/wakatipu-aquifers-groundwater-investigation-report-web.pdf

Cardrona catchment

Overview The Cardrona River drains a moderately sized catchment of 350km2 before entering the Clutha River at Albert Town.

Key drivers and pressures The dominant land cover in the Cardrona catchment is low producing grassland (82.8%), with the next largest land cover being high producing grassland (8.5%). Much of the high producing grassland has intensified from low producing grassland between 1990 and 2008. Irrigation is widespread throughout the flat areas of the lower catchment, with a total irrigated area of 2,850ha.62 Known irrigation methods include center-pivot, flood, and spray.

State and trends of wetlands A search of the Freshwater Ecosystems of New Zealand63 (FENZ)’s wetland layer revealed current wetland extent to total 3.28ha. Historic wetland extent totalled 19.40ha, which means 83% of wetlands have been lost throughout the catchment. Field data are not available for us to comment on the condition of remaining wetlands. However the FENZ index of condition (overall index of integrity from completely degraded: 0 to pristine: 1) had a mean value for all wetlands in the catchment of 0.902 (range: 0.895 – 0.905) which indicates low levels of impact.

State and trends of lakes There are no lakes greater than 1ha in the Cardrona catchment.

State and trends of streams/rivers

Water quality In June 2018, the Cardrona catchment at the Mt Baker SOE site exceeded nitrogen (NNN) and ammonium (NH4-N) limits, and is very close to exceeding E. coli limits (ORC advise there is a worsening trend of E. coli at this site). Luggate Creek is a small, adjacent catchment that exceeds for dissolved phosphorus (DRP) and E. coli.

Water quantity The Cardrona River has a natural drying reach below Mt Barker where surface flow is lost to groundwater. The loss of surface flow here often exceeds the 7d MALF of the river, so surface flow is lost most summers. When the river is dry, this prevents upstream spawning migrations for salmonids.

62 https://www.orc.govt.nz/media/4379/water-quality-study-cardrona-river-catchment.pdf 63 https://www.doc.govt.nz/our-work/freshwater-ecosystems-of-new-zealand/

Site Observed 7- Naturalised 7-day day MALF MALF Cardrona River 0.8 m3/s 1.1 m3/s at Mt Barker Cardrona River 0.3 m3/s NA at Clutha confluence

Aquatic life

Macroinvertebrates In June 2018, the Cardrona catchment at the Mt Baker SOE site had a MCI result of 101 which indicates “doubtful quality or possible mild pollution”. SQMCI result at this site was 2.8 which indicates “probable severe pollution”. The percentage of EPT taxa was 50%, which indicates many sensitive taxa were missing.

Periphyton Didymosphenia and Synedra are the dominant algae present at the Cardrona river site, and these are both in moderate abundance. Low flows may enable the proliferation of long filamentous algae.64

Fish Electric fishing during the summer of 2017/18 at Cardrona at Mt Barker SOE site found 5 fish species (an unidentified eel, koaro, upland bully, brown and rainbow trout). A search of the Freshwater Fish Database also found Longfin eel, Brook Char, unidentified galaxiid, Clutha flathead galaxiid (nationally critical), freshwater mussels, and Koura. This indicates a reasonable number and diversity of species, but is probably still low compared to what would naturally be expected. Clutha flathead galaxis are restricted to headwaters of the Cardrona, likely due to the presence of trout and koaro. Koaro are able to inhabit the Cardrona catchment due to the establishment of Lake Dunstan.

Habitat Riparian vegetation was dominated (assessed during 2014) by willows, exotic pasture grasses, and lupins.65 There was low levels of fencing and stock generally had direct access to the stream bed. Riffles and runs in the upper catchment were dominated by coarse gravels, while the lower catchment was dominated by fine gravels.66 There is a risk that water abstractions are having an additional impact on the connectivity and extent of habitat in the Cardrona river.67 A single habitat model exists, but it is old (2001) and possibly unsuitable due to lack of calibration data.

64 https://www.orc.govt.nz/media/4496/cardrona-catchment-science-update-2011_2017.pdf 65 https://www.orc.govt.nz/media/4379/water-quality-study-cardrona-river-catchment.pdf 66 https://www.orc.govt.nz/media/4379/water-quality-study-cardrona-river-catchment.pdf 67 https://www.orc.govt.nz/media/4496/cardrona-catchment-science-update-2011_2017.pdf

Ecological processes Data are not available to comment on the state of ecological processes.

State and trends of groundwater Only information related to groundwater quantity could be found, whilst data related to groundwater quality was lacking. Due to high levels of nitrogen and E. coli in surface water, it is likely that the Cardrona River is negatively contributing to aquifer quality.

Conclusion  Nitrogen and E. coli appear to be the main water quality issue.  There is a natural drying reach in the Cardrona River which makes it sensitive to further water abstractions during low flow periods.  MCI scores highlighted probable impact on water quality and/or habitat conditions.  Rare fish species are still present in the catchment.  Riparian vegetation is dominated by exotic species, and stock have easy access to the river.

Taieri catchment

Overview The Taieri catchment is a large (5,700km2) catchment which joins the Lake Waihola and Lake Waipori complex before entering the sea south of Dunedin.

Key drivers and pressures Land cover in the Taieri catchment is dominated by grassland, both low producing (56.2%) and high producing (30.4%). Other major land covers include natural forest (2.4%) and planted forest (4.9%).

State and trends of wetlands A search of the Freshwater Ecosystems of New Zealand68(FENZ)’s wetland layer revealed current wetland extent to total 9,802ha. Historic wetland extent totalled 34,126ha, which means 71% of wetlands have been lost throughout the catchment. The FENZ index of condition (overall index of integrity from completely degraded: 0 to pristine: 1) has a mean value for all wetlands in the catchment of 0.715 (range: 0.203 – 0.969) which indicates moderate levels of impact. ORC recognises the Waipori/Waihola wetland complex as regionally significant,69 and has a number of recorded values that indicate good condition (high degree of wetland naturalness, high diversity of indigenous wetland flora and fauna, high diversity of wetland habitat types, etc.).

State and trends of lakes A search of the FENZ lake layer revealed 105 lakes (including dams and reservoirs) greater than 1ha in size in the Taieri catchment. If dams are excluded this number drops to 28 lakes. ORC has one SOE lake monitoring site in the catchment at Lake Waihola. This lake is a large (650ha), shallow, tidal freshwater lake. It is located on the Taieri plains 20km from the coast, and is part of the Waihola-Waipori wetland complex. This wetland complex is internationally significant and regarded as one of the largest and most significant remaining freshwater wetlands in New Zealand.

Parameter Lake Waihola site Total nitrogen (TN) Exceeds limit

Ammonium (NH4-N) Not exceed limit Total phosphorus (TP) Exceeds limit E. coli Not exceed limit Turbidity Exceeds limit

Lake Waihola generally has a Trophic Level Index (TLI) score in the range of 4-5 which indicates eutrophic lake conditions and poor water quality.70

68 https://www.doc.govt.nz/our-work/freshwater-ecosystems-of-new-zealand/ 69 https://www.orc.govt.nz/managing-our-environment/water/regionally-significant-wetlands/clutha- district/waiporiwaihola-wetland-complex 70 https://www.lawa.org.nz/explore-data/otago-region/lakes/lake-waihola/

State and trends of streams/rivers

Water quality Water quality is variable across the Taieri catchment.71 Most parameters exceed limits at multiple sites, except for ammonium which only exceeds at one site. Phosphorus and E. coli are of particular concern in this catchment.

Parameter Number of sites that exceed limit Nitrogen (NNN) 2 (13%)

Ammonium (NH4-N) 1 (7%) Dissolved phosphorus (DRP) 6 (40%) E. coli 8 (53%) Turbidity 2 (13%)

Trends over the period 2008 – 2017 indicate worsening E. coli at most sites.72 Turbidity trends are worsening at about half of the sites.73 Nitrate-nitrogen74 and total phosphorus75 are improving at most sites.

Water quantity SOE information related to water quantity could not be found. There are 74 deemed permits located in the Taieri catchment. Minimum flow limits are set at multiple places throughout the catchment, and the river sometimes reaches these minimum flows.76

Aquatic life

Macroinvertebrates MCI scores in five out the six monitored sites are between 100 and 115, indicting ‘good’ condition.77 The sixth site at Silver Stream has a score of approximately 90, which indicates ‘poor’ condition.

Fish A number of fish species have been found in the Taieri catchment, including: Perch, Brook char, Koaro, Brown trout, Koura, Rainbow trout, Inanga, Giant kokopu, Longfin eel, Yelloweye mullet, Shortfin eel, black flounder, common bully, dusky galaxis, lamprey, eldons galaxis, flathead galaxis, roundhead galaxis, upland bully, banded kokopu, freshwater mussels, and others.

71 https://www.orc.govt.nz/media/6957/final_orc_soe_report_2006_to_2017.pdf 72 https://statisticsnz.shinyapps.io/river_water_quality_ecoli/ 73 https://statisticsnz.shinyapps.io/river_water_quality_clarity/ 74 https://statisticsnz.shinyapps.io/river_water_quality_nitrogen/ 75 https://statisticsnz.shinyapps.io/river_water_quality_phosphorus/ 76 https://www.orc.govt.nz/news-and-events/news-and-media-releases/2015/january/orc-extends-water- restrictions-to-safeguard-the-taieri 77 https://www.orc.govt.nz/media/6957/final_orc_soe_report_2006_to_2017.pdf

Fish densities were high in upper and lower Lug Creek, and Lower Pig Burn. Trout condition was ‘fair’ across most sites.

Habitat A 2004 report on the upper Taieri78 investigated habitat in tributaries and found the majority of sites had minimal fine sediment cover, but three sites had a high percentage of fine sediment cover. A relatively low number of fish passage barriers probably enables good connectivity throughout the catchment from mountains-to-sea.

Ecological processes Data is not available to comment on for the state of ecological processes.

State and trends of groundwater The Lower Taieri Basin has a low level of water quality impact from human impact. 79 Nitrate concentrations are generally low, with highest concentrations in the north of the basin near Mosgiel – though these concentrations are still less than the drinking water standard. Some areas of the basin have elevated iron and manganese levels, with concentrations regularly exceeding drinking water standards for “appearance, taste, and odour”. Salinity is an issue in some small areas of the basin, and could worsen given sea level rise and further abstractions.

Conclusion  The Taieri catchment has a large wetland-lake complex in its lower catchment that holds international significance.  Lake Waihola is particularly sensitive (due to its shallow nature) and has some signs of poor water quality and eutrophic status.  E. coli and phosphorus are the main water quality parameters of concern in rivers.  The Taieri catchment supports a surprising diversity of fish life, including many rare species.

78 https://www.orc.govt.nz/media/6189/water-quality-and-ecosystem-health-in-the-upper-taieri.pdf 79 https://www.orc.govt.nz/media/3809/l-t-g-allocation-study-web.pdf

Appendix 7 Regional Plan: Water

The Council notified the Water Plan on 28 February 1998 and made it operative, after submissions, hearings and appeals, on 1 January 2004. It has made 15 plan changes since then.

Changes Date Decision Date Notified Released Operative

Waitaki Catchment Water Allocation Regional Plan 19 Feb ‘05 30 Sep ‘05 3 Jul ‘06

Plan Change 1A (Minor amendments) 17 Aug ‘05 1 Apr ‘06 1 Aug ‘06

Plan Change 1B (Minimum Flows for Waianakarua River, 20 Dec ‘08 31 Oct ‘09 1 Mar ‘10 Trotters Creek, Luggate Creek)

Plan Change 1C (Water Allocation and Use) 20 Dec ‘08 10 Apr ‘10 1 Mar ‘12

Plan Change 3A (Minimum Flow for Taieri River at Tiroiti) 26 Jun ‘10 11 Dec ‘10 1 May ‘11

Plan Change 4A (Groundwater and North Otago Volcanic 18 Sep ‘10 24 Sep ‘11 1 Mar ‘12 Aquifer)

Amendment 1 (NPS Freshwater Management) 24 Jun ‘11 24 Jun 11 1 Jul 2011

Plan Change 2 (Regionally Significant Wetlands) 2 Jul ‘11 12 May ‘12 1 Oct ‘13

Plan Change 6A (Water Quality) 31 Mar ‘12 20 Apr ‘13 1 May ‘14 Plan Change 6A Archive

Plan Change 4B (Groundwater allocation) 17 May ‘14 13 Dec ‘14 1 Sep ‘15

Plan Change 4C (Groundwater management: Cromwell 16 Aug ‘14 13 Dec ‘14 1 Sep ‘15 Terrace)

Plan Change 3B (Pomahaka Catchment minimum flow) 16 Aug ‘14 14 Feb ‘15 1 Jun ‘15

Plan Change 3C (Waiwera Catchment minimum flow) 13 Dec ‘14 8 Aug ‘15 1 Mar ‘16

Amendment 2 (NES Plantation Forestry) 30 Jun ‘18 30 Jun ‘18 1 Jul ‘18

Proposed Plan Change 5A (Lindis: Integrated water 8 Aug ‘15 13 Aug ‘16 Under management) appeal

73 APPENDIX E

APPENDIX F RELEVANT CHAPTERS OF THE REGIONAL PLAN: WATER FOR OTAGO 7 Water Quality W ATER QUALITY

7.1 Introduction The provisions in this chapter are in addition to those in Chapter 5, which seek to maintain or enhance the natural and human use values supported by lakes, and rivers and wetlands; and those included in Chapter 9, which contain policies on groundwater quality.

7.2 Issues in general [Repealed – 1 May 2014]

7.3 Issues related to point source discharges to water [Repealed – 1 May 2014]

7.4 Issues related to non-point source discharges to water [Repealed – 1 May 2014]

7.5 Objective [Repealed – 1 May 2014]

7.A Objectives

7.A.1 To maintain water quality in Otago lakes, rivers, wetlands, and groundwater, but enhance water quality where it is degraded.

7.A.2 To enable the discharge of water or contaminants to water or land, in a way that maintains water quality and supports natural and human use values, including Kāi Tahu values.

7.A.3 To have individuals and communities manage their discharges to reduce adverse effects, including cumulative effects, on water quality.

7.B Policies general

7.B.1 Manage the quality of water in Otago lakes, rivers, wetlands and groundwater by: (a) Describing, in Table 15.1 of Schedule 15, characteristics indicative of good quality water; and (b) Setting, in Table 15.2 of Schedule 15, receiving water numerical limits and targets for achieving good quality water; and (c) Maintaining, from the dates specified in Schedule 15, good quality water; and (d) Enhancing water quality where it does not meet Schedule 15 limits, to meet those limits by the date specified in the Schedule; and (e) Recognising the differences in the effects and management of point and non-point source discharges; and (f) Recognising discharge effects on groundwater; and

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(g) Promoting the discharge of contaminants to land in preference to water.

7.B.2 Avoid objectionable discharges of water or contaminants to maintain the natural and human use values, including Kāi Tahu values, of Otago lakes, rivers, wetlands, groundwater and open drains and water races that join them.

7.B.3 Allow discharges of water or contaminants to Otago lakes, rivers, wetlands and groundwater that have minor effects or that are short-term discharges with short-term adverse effects.

7.B.4 When considering any discharge of water or contaminants to land, have regard to: (a) The ability of the land to assimilate the water or contaminants; and (b) Any potential soil contamination; and (c) Any potential land instability; and (d) Any potential adverse effects on water quality; and (e) Any potential adverse effects on use of any proximate coastal marine area for contact recreation and seafood gathering.

7.B.5 When considering any discharge of water from one catchment to water in another catchment, have regard to: (a) Kāi Tahu values; and (b) The adverse effects of introducing species that are new to the receiving catchment.

7.B.6 When assessing any consent to discharge contaminants to water, consider the need for and the extent of any zone for physical mixing, within which water will not meet the characteristics and limits described in Schedule 15, by taking account of: (a) The sensitivity of the receiving environment; and (b) The natural and human use values, including Kāi Tahu values; and (c) The natural character of the water body; and (d) The amenity values supported by the water body; and (e) The physical processes acting on the area of discharge; and (f) The particular discharge, including contaminant type, concentration and volume; and (g) The provision of cost-effective community infrastructure; and (h) Good quality water as described in Schedule 15.

7.B.7 Encourage land management practices that reduce the adverse effects of water or contaminants discharged into water.

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7.B.8 Encourage adaptive management and innovation that reduces the level of contaminants in discharges.

7.C Policies for discharges of human sewage, hazardous substances, hazardous wastes, specified contaminants, and stormwater; and discharges from industrial or trade premises and consented dams

7.C.1 When considering applications for resource consents to discharge contaminants to water, to have regard to opportunities to enhance the existing water quality of the receiving water body at any location for which the existing water quality can be considered degraded in terms of its capacity to support its natural and human use values. Explanation There is the opportunity, particularly with new resource consents for existing discharges, to achieve an enhancement in water quality. This can occur when the consent holder re-examines the discharge activity and makes use of technological advances in the reduction, reuse, recycling, or treatment of contaminants. The Otago Regional Council will have regard to these opportunities when considering resource consents to discharge contaminants to water.

This policy applies to any location for which the existing water quality can be considered degraded in terms of its capacity to support its natural and human use values.

Principal reasons for adopting This policy is adopted to ensure that opportunities are taken to achieve improved water quality in Otago’s lakes and rivers. The policy reflects the importance of enhancing water quality to the region’s people and communities.

Rules: 12.A.2.1, 12.B.2.1, 12.B.3.1.

7.C.2 When considering applications for resource consents to discharge contaminants to water, or onto or into land in circumstances which may result in any contaminant entering water, to have regard to: (a) The nature of the discharge and the sensitivity of the receiving environment to adverse effects; (b) The financial implications, and the effects on the environment of the proposed method of discharge when compared with alternative means; and (c) The current state of technical knowledge and the likelihood that the proposed method of discharge can be successfully applied. Explanation When considering the avoidance, remedy or mitigation of the adverse effects of the discharge of contaminants to land or water under a resource consent, the Otago Regional Council will consider matters identified in (a) to (c) in the policy. This ensures the recognition of any financial or technical constraint upon the

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adoption of alternative treatment or discharge methods, given the sensitivity of the receiving environment to the discharge.

Principal reasons for adopting This policy is adopted to ensure that consideration is given to appropriate means for avoiding, remedying or mitigating the adverse effects of contaminants on water or land, to enable the most environmentally sound means to be adopted.

Rules: 12.A.2.1, 12.B.2.1, 12.B.3.1.

7.C.3 When considering any resource consent to discharge a contaminant to water, to have regard to any relevant standards and guidelines in imposing conditions on the discharge consent. Explanation The primary concern for the Otago Regional Council, in considering resource consents, is protecting the natural and human use values supported by water bodies. Guidelines applicable to Otago may assist in this task in terms of the development of resource consent conditions controlling the effects of any particular contaminant in the receiving waters.

This Plan does not set generic numerical standards for particular contaminants. Instead the Plan identifies specific natural and human use values and, prior to granting a discharge consent, Council must be satisfied that those values will not be compromised. Guidelines will be used when applicable to the type of discharge and the nature of the receiving environment. These will be considered on a case by case basis.

Principal reasons for adopting This policy is adopted to signal that standards and guidelines will be used as appropriate in imposing conditions on discharge consents in order to achieve the Plan’s objectives. The application of standards will provide certainty to the person proposing to undertake the discharge as to the requirements for avoiding, remedying or mitigating adverse effects on the natural and human use values supported by the receiving water body.

Rules: 12.A.2.1, 12.B.2.1, 12.B.3.1.

7.C.4 The duration of any new resource consent for an existing discharge of contaminants will take account of the anticipated adverse effects of the discharge on any natural and human use value supported by an affected water body, and: (a) Will be up to 35 years where the discharge will meet the water quality standard required to support that value for the duration of the resource consent; (b) Will be no more than 15 years where the discharge does not meet the water quality standard required to support that value but will progressively meet that standard within the duration of the resource consent;

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(c) Will be no more than 5 years where the discharge does not meet the water quality standard required to support that value; and (d) No resource consent, subsequent to one issued under (c), will be issued if the discharge still does not meet the water quality standard required to support that value. Explanation Resource consents to discharge contaminants may be issued for up to 35 years under the Resource Management Act. The duration of new resource consents for existing discharges under this Plan will be set having regard to the effect of the discharge on the natural and human use values supported by any affected water body, in accordance with (a) to (d) of this policy.

The maximum duration of any resource consent will be 35 years. Where the discharge is adversely affecting any natural and human use value that the water body supports, the duration will be less. This encourages the resource consent holder to investigate alternatives, that will improve the discharge, in order to meet the standards required to support the natural and human use value.

In recognition of financial and technical constraints on those proposing to undertake the discharge, a short duration resource consent, which does not exceed 5 years, may be granted in accordance with (c), in which time they must comply with the relevant water quality standards. Discharges that do not comply by the time the resource consent has expired will not be granted a further resource consent for the discharge. Another option is to make a commitment to meet the water quality standard required to support the affected value progressively within the duration of the resource consent. The duration of such resource consents would not exceed 15 years, in accordance with (b).

Principal reasons for adopting This policy is adopted to give guidance for determining the appropriate duration of any resource consent to continue discharging contaminants. It will enable proper consideration of changes over time in the receiving environment, and to encourage, within technical and financial constraints, a reduction in the adverse effects of point source discharges on Otago’s water bodies. This will assist in achieving the maintenance or enhancement of existing water quality.

Rules: 12.A.2.1, 12.B.2.1, 12.B.3.1.

7.C.5 Minimise the adverse environmental effects of discharges With respect to Part A: discharges from any new stormwater reticulation system, or any extension Discharge to an existing stormwater reticulation system, to require: by requiring: policies (a) The separation of sewage and stormwater; and

(b) Measures to prevent contamination of the receiving environment by industrial or trade waste; and

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Explanation In terms of the Plan’s rules for permitted and discretionary activities for new discharges, or extensions to the catchment area of existing discharges from reticulated stormwater systems, the requirements of (a) to (c) will apply, as required.

Principal reasons for adopting This policy is adopted to reduce the potential for contaminants to be present in new stormwater discharges. This is intended to mitigate the impact on the water quality of receiving water bodies in urbanised areas or other areas served by a stormwater reticulation system.

Rules: 12.B.3.1 Other methods: 15.2.5.1, 15.4.2.1, 15.4.2.2. 7.C.6 Reduce the adverse environmental effects from existing stormwater reticulation systems by: Part A: (a) Requiring the progressive upgrade of stormwater reticulation Discharge systems to minimise the volume of sewage entering the system and policies the frequency and volume of sewage overflows; and (b) To promote Promoting the progressive upgrading of the quality of water discharged from existing stormwater reticulation systems, including through: (i) The separation of sewage and stormwater; and (ii) Measures to prevent contamination of the receiving environment by industrial or trade waste; and (iii) The use of techniques to trap debris, sediments and nutrients present in runoff.

Explanation The Otago Regional Council will encourage require the operator of any existing stormwater reticulation system to improve the quality of stormwater discharged from the system. Measures that can be taken to achieve this improvement include: (a) The separation of sewage and stormwater; (b) Measures to prevent contamination of the receiving environment by industrial or trade waste; and (c) The use of techniques to trap debris, sediments and nutrients present in runoff. Priority will be given to improving discharges to those water bodies where natural and human use values are adversely affected. Such measures may not be necessary where an existing discharge is having no more than a minor adverse effect on any natural or human use value supported by an affected water body. Principal reasons for adopting

This policy is adopted to reduce the level of contaminants present in existing stormwater discharges. This is intended to mitigate the impact on the water

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quality of receiving water bodies in urbanised areas or other areas served by a stormwater reticulation system.

Rules: 12.B.3.1 Other methods: 15.2.5.1, 15.4.2.1, 15.4.2.2.

7.C.7 To require that all practical alternative locations for the storage of hazardous substances have been considered before such storage occurs in close proximity to any lake or river or to mean high water springs; and, if it is not practical to locate elsewhere, to require that appropriate risk management contingencies are put in place.

Explanation Although the use of hazardous substances may provide benefits to the community, the storage of such substances close to surface water also represents a risk of contamination through spillage or leakage. Any person intending to store hazardous substances in close proximity to any lake or river, or to mean high water springs, will require land use consent from the relevant city or district council. The district plan rules of those councils will specify the land to which the above requirements will apply.

When considering the location of new facilities for the storage of hazardous substances in close proximity to any lake, river or mean high water springs, the applicant should demonstrate that there are no other, more suitable, less sensitive locations available. If a less sensitive location is not practical, then appropriate design, construction and management practices must be established to minimise the risk of any hazardous substance entering water. For existing facilities where it would be unreasonable to require relocation, appropriate spill containment measures must be established to ensure the lake, river or coastal environment is safeguarded. Principal reasons for adopting This policy is adopted to avoid the discharge into water where hazardous substances are inappropriately stored. There is an increased likelihood of such contamination where the storage occurs in close proximity to surface water bodies. Such discharges will adversely affect water quality and the ability of the water body to support natural and human use values.

Other methods: 15.2.7.1, 15.4.2.2

7.C.8 To promote the use of contingency plans for the prevention, containment and recovery of the accidental spill of any hazardous substance which may adversely affect water quality. Explanation In the development or modification of any industrial, commercial or agricultural facility where there is potential for the spillage of substances which could

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contaminate water, the Otago Regional Council will promote the adoption of a spills contingency plan. Such plans will involve four key elements: (a) Appropriate handling procedures will be encouraged to avoid accidental spills; (b) Mechanisms, such as bunding, will be encouraged to contain spills; (c) Appropriate clean-up and dispersal actions will be identified to remedy the effects where containment is not achieved; and (d) Proactive education. The use of contingency plans will be promoted to city and district councils, industry groups, and the developers or owners of the identified facilities.

Principal reasons for adopting This policy is adopted to reduce the incidence and severity of accidental spills of contaminants into, upstream of, or adjacent to, any water. This is important as such spills may undermine all previous efforts to maintain or enhance water quality.

Other methods: 15.2.4.1, 15.2.7.1, 15.3.4.1, 15.4.2.2, 15.5.1.1.

7.C.9 To support the coordination of measures to remedy or mitigate the adverse effects associated with accidental spills which could potentially contaminate water. Explanation The accidental spill of any contaminant that may adversely affect water quality will be remedied or mitigated by the clean-up and dispersal of the spilled contaminant. City and district councils, the Fire Service and others may be involved in spill clean-up operations. The Otago Regional Council will support the coordination of the appropriate response to any accidental spill through the provision of advice on possible disposal or treatment options.

Principal reasons for adopting This policy is adopted to ensure the appropriate agencies become involved in clean-up operations in the event of a spill of contaminants and that the clean-up operations themselves do not lead to the contamination of water.

Other methods: 15.2.4.1, 15.2.7.1, 15.3.4.1, 15.4.2.2, 15.5.1.1.

7.C.10 Except in the case of a dam constructed to store contaminants, to avoid the damming or diversion of water over contaminated land where it would result in contamination of water or, where avoidance is not practicable, to require the removal or treatment of the contaminated land. Explanation There is the potential for adverse effects on water quality where land contaminated by hazardous substances comes into contact with water. Such effects may occur: (a) Within a reservoir created by the damming of a water body; (b) Within diverted water where the water passes over contaminated land; or

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When considering any resource consent for new proposals for damming or diversion of water, the Otago Regional Council must be satisfied that the activity would not result in water being contaminated by its coming into contact with contaminated land. The Council maintains a register of contaminated sites in Otago.

One practical method of managing potential adverse effects from contaminants in a dam constructed to store contaminants, such as a mine tailings dam, is to immerse the contaminants beneath water in a controlled environment. This policy therefore does not apply and Policy 7.C.11 provides for such activities.

Principal reasons for adopting This policy is adopted to prevent degradation of water quality caused by contaminated land coming into contact with water as a result of the damming or diversion of water. Mining tailings dams are exempt from this policy because that activity sometimes needs to immerse contaminants under water as one practicable method of managing potential adverse effects.

Rules: 12.3.4.1

7.C.11 To require the holder of any consent for a dam constructed for the storage of contaminants to completely remedy any adverse effect of the failure or overtopping of the dam structure, either during or after its construction. Explanation Where a resource consent is required for either: (a) the damming of water; or (b) the storage of hazardous substances, for the purpose of establishing a tailings dam, the consent authority will require the person erecting the dam to plan for and provide measures, including bonds under Section 108 of the Resource Management Act, for the complete remediation of any loss or damage caused by the uncontrolled release of contaminants. There is a risk of such releases where the tailings dam constructed to store the contaminants fails or is overtopped, either during or after its construction.

Principal reasons for adopting This policy is adopted to provide for the complete remediation of adverse effects arising from the failure or overtopping of a tailings dam.

Rules: 13.2.3.1, 13.3.2.1 Other methods: 15.2.4.1, 15.2.7.1, 15.3.4.1, 15.4.2.2, 15.5.1.1.

7.C.12 Reduce the adverse effects of discharges of human sewage from reticulated wastewater systems by: Part A: (a) Requiring reticulated wastewater systems to be designed, Discharge operated, maintained and monitored in accordance with policies 7-10 Regional Plan: Water for Otago, updated to 1 May 2014

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recognised industry standards; and (b) Requiring the implementation of measures to: (i) Progressively reduce the frequency and volume of wet weather overflows; and (ii) Minimise the likelihood of dry weather overflows occurring; and (c) Preferring discharges to land over discharges to water, unless adverse effects associated with a discharge to land are greater than a discharge to water; and (d) Having particular regard to any adverse effects on cultural values.

7.D Policies for discharges of water and contaminants, excluding those discharges provided for in 7.C

7.D.1 Encourage innovation in management practices and the sharing of information, including by: (a) Council: (i) Providing and facilitating the sharing of information on water management and plan implementation including through fora, field days and brochures; and (ii) Supporting landholders in measuring or assessing contaminants in discharges; and

(iii) Supporting the development of means to measure or assess contaminants in discharges; and (iv) Monitoring progress towards achievement of water quality objectives and Schedule 15 limits and targets, and making this information available on the Council website. (b) Landholders: (i) Implementing practices that reduce the level of contaminants in discharges; and (ii) Providing relevant information to support the catchment or aquifer studies undertaken by Council; and (iii) Working as a group to achieve good quality water.

7.D.2 Schedule 16 discharge thresholds apply to permitted activities, from 1 April 2026, at or below the reference flows set in Schedule 16B based on median flows.

7.D.3 Prohibit objectionable discharges of water or contaminants that degrade the natural and human use values, including Kāi Tahu values, of Otago lakes, rivers, wetlands and groundwater.

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7.D.4 Provide for the restricted discretionary consenting of any discharge under section 12.C: (a) Where changes to land management practices or infrastructure have not been sufficient to meet permitted activity rules; or (b) As part of the development of technology or innovative practices associated with improving water quality; or (c) From a short-term activity with short-term adverse effects; and the duration will not exceed: (1) Two years for discharges from a short-term activity with short-term adverse effects; or (2) Five years for all other discharges where the contaminants in the discharge result from the activities of the applicant.

7.D.5 When considering any discharge under section 12.C, including the duration of any consent, have regard to: Part A: Discharge (a) The effects, including cumulative effects, of the discharge on water policies quality and natural and human use values, including Kāi Tahu cultural and spiritual beliefs, values and uses; and

(b) The physical characteristics and any particular sensitivity of the land and any receiving water; and

(c) The quality and performance of the discharge management system used, or proposed to be used, and in particular, options to be employed to reduce any adverse environmental effects of the activity discharge and monitoring of the performance of the discharge management system; and

(d) Any staged timeframe and any environmental management plan to achieve:

(i) Compliance with the permitted activity rules and Schedule 16 discharge thresholds during the duration of the consent; or

(ii) The ongoing reduction of adverse environmental effects of the discharge, where the permitted activity rules and Schedule 16 discharge thresholds cannot be met; and

(e) Trends in the quality of the receiving water relative to the Schedule 15 freshwater characteristics, limits, and targets; and

(f) The extent to which the risk of potentially significant, adverse effects arising from the discharge activity may be adequately managed through review conditions are avoided; and (g) The value of the existing investment in infrastructure; and

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(h) The current state of technical knowledge and the use of industry best practice for managing environmental effects; and (i) The extent to which co-ordinating the discharges across multiple landholdings enables water quality objectives to be more effectively met; and (j) Recognising tThe social, cultural and economic value of the use of land and water that gives rise to the discharge.

7.D.6 When considering applications for resource consent for discharges of nitrogen under Rule 12.C.3.2: Part A: (a) Restrict the duration of resource consents to a term of no more than Discharge 10 years; and policies (b) Have particular regard to: (i) The water quality of the receiving water body; and (ii) Any adverse effects on the natural or human use values of the receiving water body as set out in Schedule 1; and (iii) Any adverse effects on Kāi Tahu cultural and spiritual beliefs, values and uses; and (iv) The expected reduction in nitrogen discharged over the term of the resource consent, particularly from changes to land management practices or infrastructure; and (iv) The administrative benefits of aligning the expiry date with other resource consents for the same activity in the surrounding area or catchment.

7.D.7 Ensure the appropriate management and operation of animal waste systems by: Part B: (a) Requiring animal waste systems to be designed, constructed and Animal waste located appropriately and in accordance with best practice; and storage and discharge (b) Ensuring that all animal waste systems: (i) Have sufficient storage capacity to avoid the need to dispose of effluent when soil moisture or weather conditions may result in run-off entering water; and (ii) Include contingency measures to prevent discharges to water in the case of equipment or system failure; and (ii) Are operated in accordance with an operational management plan for the system that is based on best practice guidelines and inspected regularly; and (c) Avoiding the discharge of animal waste to water bodies, artificial watercourses, the coastal marine area and to saturated land; and (d) Requiring low-rate effluent application for any new discharge of animal waste to land and encouraging the transition to low-rate effluent application for existing discharges of animal waste to land.

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7.D.8 Provide for the upgrading of existing animal waste systems that do not meet the standards of Rule 14.7.1.1 by: Part B: (a) Granting resource consents only where consent applications contain Animal waste a timebound action plan for upgrading the existing animal waste storage and system so that it meets the standards of Rule 14.7.1.1 as soon as discharge possible; and (b) Staging implementation of performance standards based on risk.

7.D.9 Enable farming activities while reducing their adverse environmental

Part C: effects by: Good farming (a) the implementation of good management practices (or better) to practices reduce sediment and contaminant loss to water bodies; and (b) Managing stock access to water bodies to: (i) Progressively exclude stock from lakes, wetlands, and continually flowing rivers; and (ii) Avoid significant adverse effects on water quality, bed and bank integrity and stability, Kai Tahu values, and river and riparian ecosystems and habitats; and (c) Setting minimum standards for intensive grazing; and (d) Managing the risk of sediment run off from farming activities by: (i) Implementing setbacks from water bodies and establishing riparian margins, and (ii) Limiting areas and duration of exposed soil; and (e) Promoting the identification and management of critical source areas within individual properties, to reduce the risk of nutrient or microbial contamination and sediment run-off.

7.D.10 The loss or discharge of sediment from earthworks is avoided or, where avoidance is not achievable, best practice guidelines for minimising Part G: sediment loss are implemented. Sediment from earthworks for residential development

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7.6 Policies for the enhancement of water quality [Repealed – 1 May 2014]

7.7 Policies for point source discharges [Repealed – 1 May 2014]

7.7.1 [Repealed – 1 May 2014]

7.7.2 [Amended to 7.B.4 – 1 May 2014]

7.7.3 [Renumbered as 7.C.1 – 1 May 2014]

7.7.4 [Renumbered as 7.C.2 – 1 May 2014]

7.7.5 [Repealed – 1 May 2014]

7.7.6 [Amended to 7.B.6 – 1 May 2014]

7.7.7 [Renumbered as 7.C.3 – 1 May 2014]

7.7.8 [Repealed – 1 May 2014]

7.7.9 [Renumbered as 7.C.4 – 1 May 2014]

7.7.10 [Renumbered as 7.C.5 – 1 May 2014]

7.7.11 [Renumbered as 7.C.6 – 1 May 2014]

7.8 Policies for non-point source discharges [Repealed – 1 May 2014]

7.8.1 [Repealed – 1 May 2014]

7.8.2 [Renumbered as 7.C.7 – 1 May 2014]

7.8.3 [Renumbered as 7.C.8 – 1 May 2014]

7.8.4 [Renumbered as 7.C.9 – 1 May 2014]

7.8.5 [Renumbered as 7.C.10 – 1 May 2014]

7.8.6 [Renumbered as 7.C.11 – 1 May 2014]

7.9 Anticipated environmental results [Repealed – 1 May 2014]

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10 Wetlands

10.1 Introduction [Repealed – 1 October 2013]

10.2 Issues [Repealed – 1 October 2013]

10.3 Objectives [Unchanged]

10.4 Policies

10.4.1 & 10.4.1A [Unchanged]

10.4.2 Avoid the adverse effects of an activity on a Regionally Significant Wetland or a regionally significant wetland value, but allow remediation or mitigation of an adverse effect only when the activity: (a) Is lawfully established; or (b) Is nationally or regionally significant important infrastructure, and has specific locational constraints; or (c) Has the purpose of maintaining or enhancing a Regionally Significant Wetland or a regionally significant wetland value.

10.4.2A [Unchanged]

10.4.3 - 10.4.5 [Repealed – 1 October 2013]

10.4.6 [Unchanged]

10.4.7 [Repealed – 1 October 2013]

10.5 Anticipated Environmental Results [Repealed – 1 October 2013]

12 Rules: Water Take, Use and Management

R ULES: W ATER TAKE, USE AND MANAGEMENT

12.0 Applications for taking water

12.0.1 Prohibited activity: No resource consent will be granted 12.0.1.1 An application to take water within primary allocation in a catchment where Policy 6.4.2(b) applies, by a person who does not hold the existing consent to take that water, is a prohibited activity.

12.0.1.2 An application to take water as primary allocation where that take would cause the primary allocation of a catchment to exceed the relevant limit in Policy 6.4.2, is a prohibited activity.

12.0.1.3 The application to take groundwater for a consumptive use by a person who does not hold the existing resource consent to take that water, from an aquifer identified in Schedule 4A, where the assessed maximum annual take: (i) Exceeds the aquifer’s maximum allocation limit; or (ii) Would exceed the aquifer’s maximum allocation limit as a result of this take, is a prohibited activity, unless all of the water taken: (1) Is allocated as surface water under Policy 6.4.1A; or (2) Is taken for temporary dewatering at a site for construction or repair of a structure. The Otago Regional Council will use its website www.orc.govt.nz to notify an up-to-date allocation status for aquifers, showing how current allocation compares to the scheduled or default maximum allocation limit (MAL) and will, upon request, advise the applicant of the aquifer’s current allocation status before any application is made.

12.0.1.4 [Repealed – 1 September 2015]

12.1 The taking and use of surface water

12.1.1 Prohibited activities: No resource consent will be granted 12.1.1.1 The taking and use of surface water from Lake Tuakitoto when the level of the lake is below 100.77 metres above datum, during the period beginning 30 September in any year and ending 16 May in any following year, is a prohibited activity for which no resource consent will be granted.

12.1.1.2 The taking and use of surface water for nuclear power generation or nuclear weapon manufacturing is a prohibited activity for which no resource consent will be granted.

12-2 Regional Plan: Water for Otago, updated to 1 September 2015

R ULES: W ATER TAKE, USE AND MANAGEMENT

12.1.1A Non-complying activities: Resource consent required 12.1.1A.1 The taking and use of surface water within any Regionally Significant Wetland is a non-complying activity unless: (i) It is prohibited by Rules 12.1.1.1 or 12.1.1.2; or (ii) It is permitted by Rules 12.1.2.1, 12.1.2.3, or 12.1.2.6. An application involving wind energy infrastructure, which because of specific locational constraints affects a Regionally Significant Wetland, will not be bundled with other activities which do not affect a Regionally Significant Wetland.

12.1.1A.2 Except as provided for by Rules 12.1.1.2 to 12.1.5.1 and 12.1.1A.3, the taking and use of surface water in the Waitaki catchment when, by itself or in combination with any other take, use, dam or diversions, the sum of the annual volumes authorised by resource consent, exceeds the allocations to activities set out in Rules 12.1.4.5 to 12.1.4.7 is a non-complying activity. In considering an application to which this rule applies the consent authority will have regard, among other matter to Policies 6.6A.1 to 6.6A.5.

12.1.1A.3 Except as provided for by Rules 12.1.1.2 and 12.1.1A.1, the taking and use of surface water from Welcome Creek is a non-complying activity when: (i) By itself or in combination with any other take, use, dam or diversions, the sum of the annual volumes authorised by resource consent, exceeds the allocations to activities set out in Rule 12.1.4.2; and (ii) The take does not comply with the minimum flow specified in Schedule 2A. In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.6.

12.1.2 Permitted activities: No resource consent required 12.1.2.0 The use of surface water for the purpose specified under an existing resource consent to take surface water, granted before 10 April 2010, is a permitted activity until the existing resource consent to take surface water: (a) Lapses, is surrendered or expires; or (b) Is replaced; or (c) Is varied under Section 127 of the Act; or (d) Is transferred under Section 136 (2)(b)(ii) of the Act.

12.1.2.1 The taking and use of surface water for domestic needs or the needs of animals for drinking water is a permitted activity providing:

Regional Plan: Water for Otago, updated to 1 October 2013 12-3

R ULES: W ATER TAKE, USE AND MANAGEMENT

(a) No take is for a volume greater than 25,000 litres per day; and (b) No take is at a rate greater than 0.5 litres per second in the North Otago, Maniototo or Central Otago subregions (as identified on Maps A1-A8), or greater than 1 litre per second elsewhere in Otago; and (c) The taking or use does not have an adverse effect on the environment.

12.1.2.2 Except as provided for by Rules 12.1.1A.1 and 12.1.1.2, the taking and use of surface water from the main stem of the Clutha/Mata-Au or Kawarau Rivers, or Lakes Wanaka, Hawea, Wakatipu, Dunstan or Roxburgh, is a permitted activity, providing: (a) The take does not exceed 100 litres per second, nor 1,000,000 litres per day; and (b) No more than one such take occurs per landholding; and (c) No back-flow of any contaminated water occurs to the water body; and (d) Fish are prevented from entering the intake structure.

12.1.2.3 Except as provided for by Rule 12.1.1.2, the taking and use of surface water from any artificial lake is a permitted activity providing: (a) The artificial lake was created under Rule 12.3.2.1 or under the Transitional Regional Plan rule constituted by General Authorisation 13, prior to 28 February 1998; and (b) The water is taken by the owner of the dam structure, or the take is authorised by that owner.

12.1.2.4 Except as provided for by Rules 12.1.1.1 to 12.1.2.3, the taking and use of surface water for no more than 3 days in any one month, is a permitted activity, providing: (a) The water is not used for irrigation; and (b) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (c) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland; and (d) No lawful take of water is adversely affected as a result of the taking; and (e) No take is for a volume greater than 100,000 litres per day; and (f) No take is at a rate greater than 10 litres per second; and (g) No back-flow of any contaminated water occurs to the water body; and (h) Fish are prevented from entering the intake structure; and

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(i) The taking of surface water is not suspended. The Otago Regional Council may, by public notice, suspend the taking of water under this rule if the taking of water as primary allocation, under a resource consent has had to cease in accordance with Rule 12.1.4.9, for the catchment or river, or part of the catchment or river, at which the taking of water under this rule is occurring.

12.1.2.5 Except as provided for by Rules 12.1.1.1 to 12.1.2.4, the taking and use of surface water is a permitted activity, providing: (a) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (b) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland; and (c) No lawful take of water is adversely affected as a result of the taking; and (d) No take is for a volume greater than 25,000 litres per day at any landholding; and (e) No take is at a rate greater than 0.5 litres per second in the North Otago, Maniototo or Central Otago subregions (as identified on Maps A1-A8), or greater than 1 litre per second elsewhere in Otago; and (f) No back-flow of any contaminated water occurs to the water body; and (g) Fish are prevented from entering the intake structure; and (h) The taking of surface water is not suspended. The Otago Regional Council may, by public notice, suspend the taking of water under this rule if the taking of water as primary allocation, under a resource consent has had to cease in accordance with Rule 12.1.4.9, for the catchment or river, or part of the catchment or river, at which the taking of water under this rule is occurring.

12.1.2.6 Unless prohibited by Rules 12.1.1.1 or 12.1.1.2, the taking of surface water for the purpose of land drainage is a permitted activity, providing: (a) Any taking within a Regionally Significant Wetland was lawfully established prior to 2 July 2011; and (b) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (c) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland; and (d) The taking does not result in the lowering of the level of water in any lake or river; and

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(e) The taking does not cause flooding of any other person’s property, erosion, land instability, sedimentation or property damage.

12.1.3 Controlled activity: Consent required but always granted 12.1.3.1 Unless covered by Rule 12.1.1A.1, the taking and use of surface water for community water supply, up to any volume or rate authorised as at 28 February 1998, by any take identified in Schedule 1B is a controlled activity.

In granting any resource consent for the taking and use of surface water in terms of this rule, the Otago Regional Council will restrict the exercise of its control to the following: (a) Any need for a residual flow at the point of take; and (b) Any need to prevent fish entering the intake; and (c) The rate, volume, timing and frequency of the water to be taken and used; and (d) The quantity of water required to meet the needs of the community; and (e) The proposed method of take and delivery of the water taken; and (f) The duration of the resource consent; and (g) The information and monitoring requirements; and (h) Any bond; and (i) The review of conditions of the resource consent; and (j) Any effect on any Regionally Significant Wetland or on any regionally significant wetland value. The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

12.1.4 Restricted discretionary activities: Resource consent required 12.1.4.1 Except as provided for by Rule 12.1.2.3, the taking and use of surface water from any lake or river which has already been delivered to that lake or river for the purpose of this subsequent taking is a restricted discretionary activity. In considering any resource consent for the taking and use of water in terms of this rule, the Otago Regional Council will restrict the exercise of its discretion to the following: (a) The amount of water which can be taken, having regard to the amount delivered to the lake or river and any losses that may have occurred between the point of augmentation and the take; and (b) Any need to prevent fish entering the intake; and

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(c) The duration of the resource consent; and (d) The information and monitoring requirements; and (e) Any bond; and (f) The review of conditions of the resource consent. Applications may be considered without notification under Section 93 and without service under Section 94(1) of the Resource Management Act on persons who, in the opinion of the consent authority, may be adversely affected by the activity.

Note: Rules 12.1.4.2 to 12.1.4.7 below do not apply to the taking of surface water prohibited by rules in 12.0, or provided for by permitted and controlled activity rules in 12.1.2 and 12.1.3 above. For taking water: 1. From Lakes Dunstan, Hawea, Roxburgh, Wanaka, Wakatipu or the main stem of the Clutha/Mata-Au or Kawarau Rivers; or 2. Where all of the surface water or connected groundwater taken is immediately returned to the source water body; or 3. Where all of the water has been delivered to the source water body for the purpose of that subsequent take: Any take which does not meet the permitted activity standards is considered under Rules 12.1.4.1, 12.1.5.1 or in Section 12.1.1A, as it is exempt from primary allocation in accordance with Policy 6.4.1.

12.1.4.2 Taking and use of surface water as primary allocation in the following Schedule 2A catchment areas, shown on the B-series maps: Kakanui, Lake Hayes, Lake Tuakitoto, Pomahaka, Shag, Taieri Catchment upstream of Paerau, Taieri Catchment Sutton to Outram, Trotters, Waianakarua, Waitahuna, Waiwera, Water of Leith, and Welcome Creek: (i) This rule applies to the taking of surface water, as primary allocation, in the above catchment areas, and subject to the minimum flows specified in Schedule 2A.

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(ii) Unless covered by Rule 12.1.1A.1, the taking and use of surface water to which this rule applies is a restricted discretionary activity, provided that, in the case of Welcome Creek, by itself or in combination with any other take, use, dam, or diversion, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.2. (iii) The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8. (iv) The conditions of all existing consents will be reviewed by the Otago Regional Council under Sections 128 to 132 of the Act to enable the minimum flows specified in Schedule 2A to be met, the volume and rate of take to be measured in accordance with Policy 6.4.16 and the taking to be subject to Rule 12.1.4.9, as soon as practicable after the Plan becomes operative. Table 12.1.4.2 Annual allocation to activities Note: units = millions of m3 per year Town and Industrial Tourism Agricultural Any other Hydro- Community and and and activities* electricity water supply commercial recreational horticultural generation* activities facilities activities (outside municipal or town supply areas) Downstream 19 8.5 4.3 1100 144 All other flows of Waitaki except the Dam but flows that must downstream remain in the of Black rivers, pursuant Point to the environmental flow and level regimes * Water taken or diverted and returned to the same water body in the vicinity of the take or diversion point, in the same condition and quality as taken, for fisheries and wildlife or micro hydro-electricity generation, does not need to be accounted for in the annual allocation to activities in Table 12.1.4.2.

12.1.4.3 Taking and use of surface water as supplementary allocation specified in Schedule 2B: (i) This rule applies to the taking of surface water as supplementary allocation as specified in Schedule 2B, subject to the minimum flows specified in Schedule 2B. (ii) Unless covered by Rule 12.1.1A.1, the taking and use of surface water to which this rule applies is a restricted discretionary activity. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8.

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(iii) Unless covered by Rule 12.1.1A.1, the taking and use of surface water in the Waitaki catchment to which this rule applies is a restricted discretionary activity provided that by itself or in combination with any other take, use, dam, or diversion, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.2 and is subject to Rule 12.1.4.9. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8. (iv) The conditions of all existing consents will be reviewed by the Otago Regional Council under Sections 128 to 132 of the Act to enable the minimum flows set in Schedule 2A or Schedule 2B to be met, the volume and rate of take to be measured in accordance with Policy 6.4.16 and the taking to be subject to Rule 12.1.4.9, as soon as practicable after the Plan becomes operative.

12.1.4.4 Taking and use of surface water as primary allocation applied for prior to 28 February 1998 in the following Schedule 2A catchments, shown on the B-series maps: Luggate Catchment, Manuherikia Catchment Upstream of Ophir, Taieri Catchment Paerau to Waipiata, Taieri Catchment Waipiata to Tiroiti, and Taieri Catchment Tiroiti to Sutton: (i) This rule applies to the taking of surface water, as primary allocation, in the above catchment areas, if the taking was the subject of a resource consent or other authority: (a) Granted before 28 February 1998; or (b) Granted after 28 February 1998, but was applied for prior to 28 February 1998; or (c) Granted to replace a resource consent or authority of the kind referred to in paragraph (a) or (b). (ii) Unless covered by Rule 12.1.1A.1, the taking and use of surface water to which this rule applies is a restricted discretionary activity. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8. (iii) The minimum flows set out in Schedule 2A of this Plan for the above catchments shall affect the exercise of every resource consent or other authority, of the kind referred to in paragraph (i) of this rule, in the Luggate catchment area, Manuherikia catchment area (upstream of Ophir) and Taieri catchment areas Paerau to Waipiata, Waipiata to Tiroiti and Tiroiti to Sutton, upon review of consent conditions. (iv) The conditions of all such consents will be reviewed by the Otago Regional Council under Sections 128 to 132 of the Act

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to enable the minimum flows set by Schedule 2A to be met, the volume and rate of take to be measured in accordance with Policy 6.4.16 and the taking to be subject to Rule 12.1.4.9. (v) The minimum flows set in Schedule 2A for the Luggate catchment area, Manuherikia catchment area (upstream of Ophir) and Taieri catchment areas Paerau to Waipiata, Waipiata to Tiroiti and Tiroiti to Sutton, shall not apply to any consents referred to in clause (i), paragraphs (a) to (c) of this rule until the review of consent conditions set out in clause (iv) of this rule occurs.

12.1.4.4A [Repealed – 1 March 2012]

12.1.4.5 Taking and use of surface water as primary allocation applied for prior to 28 February 1998 in catchments not listed in Schedule 2A: (i) This rule applies to the taking of surface water, as primary allocation, in catchment areas not listed in Schedule 2A, if the taking was the subject of a resource consent or other authority: (a) Granted before 28 February 1998; or (b) Granted after 28 February 1998, but was applied for prior to 28 February 1998; or. (c) Granted to replace a resource consent or authority of the kind referred to in paragraph (a) or (b). (ii) Unless covered by Rule 12.1.1A.1, the taking and use of surface water to which this rule applies is a restricted discretionary activity. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8. (iii) Unless covered by Rule 12.1.1A.1, the taking and use of surface water in the Waitaki catchment to which this rule applies is a restricted discretionary activity provided that by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.2. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8. (iv) Takes to which this rule applies will not be subject to a minimum flow condition until the minimum flow has been determined by investigation and added to Schedule 2A by a plan change. Note: If a minimum flow has been determined for a catchment previously not listed in Schedule 2A, and that minimum flow

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has been set by a plan change, the catchment will then be listed in Schedule 2A and Rule 12.1.4.2 or Rule 12.1.4.4 will apply. 12.1.4.6 Taking and use of surface water as a new primary allocation take in catchment areas not listed in Schedule 2A: (i) This rule applies to the taking of surface water as primary allocation in catchment areas not listed in Schedule 2A, and not subject to Rule 12.1.4.5. (ii) Unless covered by Rule 12.1.1A.1, the taking and use of surface water to which this rule applies is a restricted discretionary activity. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8. (iii) Unless covered by Rule 12.1.1A.1, the taking and use of surface water in the Waitaki catchment to which this rule applies is a restricted discretionary activity provided that by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.2. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8. (iv) Minimum flows for catchments not listed in Schedule 2A will be set on a case-by-case basis such that any minimum flow set will allow the taking of water, while providing for the aquatic ecosystems and natural character of the catchment water bodies and the taking to be subject to Rule 12.1.4.9. (v) The minimum flows set on a case-by-case basis will continue to apply until investigations have established the appropriate minimum flow. The new minimum flow will be added to Schedule 2A by a plan change and Rule 12.1.4.2 or Rule 12.1.4.4 will then apply.

12.1.4.7 Taking and use of surface water as supplementary allocation in any catchment other than a Schedule 2B catchment: (i) This rule applies to the taking of surface water as supplementary allocation for any catchment area, except for any Schedule 2B catchment as set out in clause (ii) below, subject to the minimum flows set in paragraph (iii) below. (ii) This rule does not apply to the taking of any surface water that is in addition to the first supplementary allocation provided for by Schedule 2B, for any catchment area in Rule 12.1.4.3. (iii) The taking of surface water as supplementary allocation for any catchment is subject to a minimum flow which is not less than either: (a) 50% of the natural flow at the point of take, or, if a

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resource consent so provides, not less than 50% of the natural flow at a point specified in the resource consent; or (b) The natural mean flow at the point of take, or, if a resource consent so provides, not less than the natural mean flow at a point specified in the resource consent, as the Otago Regional Council determines in granting a resource consent. (iv) Unless covered by Rule 12.1.1A.1, the taking and use of surface water to which this rule applies is a restricted discretionary activity, and is subject to Rule 12.1.4.9. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8. (v) Unless covered by Rule 12.1.1A.1, the taking and use of surface water in the Waitaki catchment to which this rule applies is a restricted discretionary activity provided that by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.2 and is subject to Rule 12.1.4.9. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8. (vi) This rule shall affect the exercise of any resource consent which was either: (a) Granted before 28 February 1998; or (b) Granted after 28 February 1998 but was applied for prior to 28 February 1998, for the taking of surface water where a condition on the consent requires the take to be suspended at a minimum flow higher than that which would be set by Schedule 2A. (vii) The conditions of all such resource consents will be reviewed under Sections 128 to 132 of the Act to enable the minimum flows in paragraph (iii)(a) or (iii)(b) of this rule to be met, the volume and rate of take to be measured in accordance with Policy 6.4.16 and the taking to be subject to Rule 12.1.4.9, as soon as practicable after the Plan becomes operative.

12.1.4.8 Restricted discretionary activity considerations In considering any resource consent for the taking and use of water in terms of Rules 12.1.4.2 to 12.1.4.7 and 12.2.3.1A, the Otago Regional Council will restrict the exercise of its discretion to the following: (i) The primary and supplementary allocation limits for the catchment; and (ii) Whether the proposed take is primary or supplementary allocation for the catchment; and

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(iii) The rate, volume, timing and frequency of water to be taken and used; and (iv) The proposed methods of take, delivery and application of the water taken; and (v) The source of water available to be taken; and (vi) The location of the use of the water, when it will be taken out of a local catchment; and (vii) Competing lawful local demand for that water; and (viii) The minimum flow to be applied to the take of water, if consent is granted; and (ix) Where the minimum flow is to be measured, if consent is granted; and (x) The consent being exercised or suspended in accordance with any Council approved rationing regime; and (xi) Any need for a residual flow at the point of take; and (xii) Any need to prevent fish entering the intake and to locate new points of take to avoid adverse effects on fish spawning sites; and (xiii) Any effect on any Regionally Significant Wetland or on any regionally significant wetland value; and (xiv) Any financial contribution for regionally significant wetland values or Regionally Significant Wetlands that are adversely affected; and (xv) Any actual or potential effects on any groundwater body; and (xvi) Any adverse effect on any lawful take of water, if consent is granted, including potential bore interference; and (xvii) Whether the taking of water under a water permit should be restricted to allow the exercise of another water permit; and (xviii) Any arrangement for cooperation with other takers or users; and (xix) Any water storage facility available for the water taken, and its capacity; and (xx) The duration of the resource consent; and (xxi) The information, monitoring and metering requirements; and (xxii) Any bond; and (xxiii) The review of conditions of the resource consent; and (xxiv) For resource consents in the Waitaki catchment the matters in (i) to (xxiii) above, as well as matters in Policies 6.6A.1 to 6.6A.6.

Notification and written approvals

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(a) For applications for resource consent to which this Rule applies, to take and use water from a river, the Consent Authority is precluded from giving public notification, if the application is to take and use water from: (i) A river for which a minimum flow has been set by or under this Plan; or (ii) A river for which it is not necessary for the Council to consider whether, if consent is granted, the taking should be subject to a condition requiring a residual flow to remain in the river at the point of take, or a condition requiring other provision for native fish, other than a condition requiring fish screening.

Other applications for resource consent to take and use water from a river may be considered without notification as allowed by the Resource Management Act.

(b) For applications for resource consent to which this rule applies, to take and use water from a water body other than a river, the Consent Authority is precluded from giving public notification.

12.1.4.9 The suspension of takes It is a term of any taking of surface water under Rules 12.1.1A.1, 12.1.2.4, 12.1.2.5 and 12.1.4.2 to 12.1.4.7 that, when the flow is equal to or less than a minimum flow applied by or under these rules, the Council may, by public notice, suspend all taking to enable the minimum flow to be met.

For catchments that have access to flow information via the “Water Info” telephone service, the taking of water under those consents shall cease automatically (without notification by Council) when the flow is at or below the minimum set in Schedule 2A or 2B until the flow again exceeds the minimum flow specified in Schedule 2A or 2B.

For catchments or parts of catchments where there is no access to flow information via the “Water Info” telephone service, the Council will notify the consent holders in those catchments that the taking of water shall cease. The Otago Regional Council will suspend takes in these catchments, or parts of catchments, by public notification through public media (newspaper, radio, television) until further notice that taking can recommence.

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12.1.5 Discretionary activities: Resource consent required 12.1.5.1 Except as provided for by Rules 12.1.1.1 to 12.1.4.7, the taking and use of surface water is a discretionary activity.

12.1.6 [Moved to 12.1.1A – 1 October 2013]

Principal reasons for adopting The taking and use of water can only occur if it is expressly allowed by a rule in a regional plan, or in any relevant proposed regional plan, or by a resource consent (Section 14(3) of the Resource Management Act).

Rule 12.1.1.1 is adopted to prohibit takes of water from Lake Tuakitoto when the minimum level established by this Plan is in force. This rule continues the minimum lake level already established to protect the lake’s recreational and wildlife features by The Local Water Conservation (Lake Tuakitoto) Notice, 1991.

Rule 12.1.1.2 is adopted to provide for and be fully consistent with Policy 12.5.1 of the Regional Policy Statement for Otago. The rule prohibits all taking of surface water for use in nuclear power generation plants and in nuclear weapons manufacturing.

Rule 12.1.2.0 is adopted to permit the use of surface water taken under a resource consent granted prior to 10 April 2010.

The taking and use of surface water under Rules 12.1.2.1 to 12.1.2.6 will have no more than minor adverse effects on the natural and human use values supported by water bodies, or on any other person taking water. These rules are adopted to enable access to resources while providing protection for those values and uses.

The taking and use of surface water for existing community water supply identified in Schedule 1B is a controlled activity in order that the needs of Otago’s communities can continue to be met.

Where surface water that is to be taken and used has been specifically supplied from an augmentation scheme, the Council only needs to consider what portion of that water is still available to be taken, and the quantity of water required for the intended purpose of use. Therefore the taking and use of water, delivered for the purpose of that subsequent taking, is a restricted discretionary activity.

The taking of surface water within the primary and supplementary allocation limits identified in this Plan will be subject to minimum flows which will protect aquatic ecosystems and natural character. As such, the Council has restricted the exercise of its discretion when considering applications for resource consents under Rules 12.1.4.1 and 12.1.4.2 to 12.1.4.7, to take and use water. Any other activity involving the taking and use of surface water is either a discretionary activity or a non-complying activity in order that any adverse effects can be assessed. Non-complying activity rules 12.1.1A.2 and 12.1.1A.3 were added to this Plan by the Waitaki Catchment Water Allocation Regional Plan.

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12.2 The taking and use of groundwater

Note: The construction or alteration of any bore for taking groundwater requires a resource consent under Rule 14.1.1.

12.2.1 Prohibited activities: No resource consent will be granted 12.2.1.1 The taking and use of groundwater for nuclear power generation or nuclear weapon manufacturing is a prohibited activity for which no resource consent will be granted.

12.2.1.2 The taking and use of groundwater from within 100 metres of Lake Tuakitoto when the level of the lake is below 100.77 metres above datum, during the period beginning 30 September in any year and ending 16 May in any following year, is a prohibited activity for which no resource consent will be granted.

12.2.1A Non-complying activities: Resource consent required 12.2.1A.1 The taking of groundwater within any Regionally Significant Wetland is a non-complying activity unless: (i) It is prohibited by Rules 12.2.1.1. or 12.2.1.2; or (ii) It is permitted by Rules 12.2.2.1 or 12.2.2.3. An application involving wind energy infrastructure, which because of specific locational constraints affects a Regionally Significant Wetland, will not be bundled with other activities which do not affect a Regionally Significant Wetland.

12.2.1A.2 Except as provided for by Rules 12.2.1.1 and 12.2.1A.1, the taking and use of groundwater in the Waitaki catchment when, by itself or in combination with any other take, use, dam or diversions, the sum of the annual volumes authorised by resource consent, exceeds the allocations to activities set out in Rule 12.2.4.1 is a non-complying activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.6.

12.2.1A.3 The taking of groundwater for a consumptive use by a person who does not hold the existing resource consent to take that water, from an aquifer not identified in Schedule 4A, where the assessed maximum annual take: (i) Exceeds the aquifer’s maximum allocation limit; or (ii) Would exceed the aquifer’s maximum allocation limit as a result of this take, is a non-complying activity, unless all of the water taken: (1) Is allocated as surface water under Policy 6.4.1A; or

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(2) Is taken for temporary dewatering at a site for construction or repair of a structure; or (3) Is taken from a rock formation having an average hydraulic conductivity of less than 1 x 10-5 metres per second, which is not an aquifer mapped in the C-series of this Plan, and is taken in connection with mineral extraction activities. The Otago Regional Council will use its website www.orc.govt.nz to notify an up-to-date allocation status for aquifers, showing how current allocation compares to the scheduled or default maximum allocation limit (MAL) and will, upon request, advise the applicant of the aquifer’s current allocation status before any application is made.

12.2.2 Permitted activities: No resource consent required 12.2.2.0 The use of groundwater for the purpose specified under an existing resource consent to take groundwater, granted before 10 April 2010, is a permitted activity until the existing resource consent to take groundwater: (a) Lapses, is surrendered or expires; or (b) Is replaced; or (c) Is varied under Section 127 of the Act; or (d) Is transferred under Section 136 (2)(b)(ii) of the Act.

12.2.2.1 The taking and use of groundwater for domestic needs or the needs of animals for drinking water is a permitted activity providing: (a) No take is for a volume greater than 25,000 litres per day; and (b) The taking or use does not have an adverse effect on the environment.

12.2.2.2 Except as provided for by Rules 12.2.1.1 to 12.2.2.1, the taking and use of groundwater is a permitted activity, providing: (a) No lawful take of water is adversely affected as a result of the taking; and (b) The water is not taken from any aquifer identified in Schedule 2C; and (c) The water is not taken from within 100 metres of any wetland, lake or river; and (d) [Repealed – 1 March 2012] (e) [Repealed – 1 March 2012] (f) The take is for a volume no greater than 50,000 litres per day, at any landholding, from the following aquifers: (i) Lower Waitaki Plains Groundwater Protection Zone A (as identified on Maps C15 and C16); and

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(ii) Inch Clutha Gravel (as identified on Maps C26 and C27); and (g) Except as provided by Condition (f) above, the take is for a volume no greater than 25,000 litres per day, at any landholding, elsewhere in Otago; and (h) No back-flow of any contaminated water occurs to the aquifer; and (i) The taking of groundwater is not suspended. The Otago Regional Council may, by public notice, suspend the taking of water under this rule if the taking of water, under a resource consent has had to cease in accordance with Rule 12.2.3.5, for the aquifer from which the taking of water under this rule is occurring. 12.2.2.3 The taking of groundwater for the purpose of down-hole pump testing is a permitted activity, providing: (a) The take does not exceed 2,000,000 litres per day and is carried out for a period of no longer than three consecutive days; and (b) No lawful take of water is adversely affected as a result of the taking. 12.2.2.4 Except as provided for by Rule 12.2.1.1, the taking and use of groundwater from within 100 metres of the main stem of the Clutha/Mata-Au or Kawarau Rivers, or from within 100 metres of Lakes Wanaka, Hawea, Wakatipu, Dunstan or Roxburgh, is a permitted activity, providing: (a) The take does not exceed 100 litres per second, nor 1,000,000 litres per day; and (b) No more than one such take occurs per landholding; and (c) No back-flow of any contaminated water occurs to the water body; and (d) The take is not within 100 metres of any wetland or other lake or river; and (e) No lawful take of water, and no wetland or other lake or river, is adversely affected as a result of the taking. 12.2.2.5 Except as provided for by Rules 12.2.1.1 to 12.2.2.4, the taking and use of groundwater from: (i) Any aquifer listed in Schedule 2C; or (ii) Within 100 metres of any wetland, lake or river, for no more than 3 days in any one month, is a permitted activity, providing: (a) The water is not used for irrigation; and (b) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and

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(c) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland; and (d) No lawful take of water is adversely affected as a result of the taking; and (e) No take is for a volume greater than 100,000 litres per day; and (f) No take is at a rate greater than 10 litres per second; and (g) No back-flow of any contaminated water occurs to the water body; and (h) The taking of surface water is not suspended. The Otago Regional Council may, by public notice, suspend the taking of water under this rule if the taking of water as primary allocation, under a resource consent has had to cease in accordance with Rule 12.2.3.5, for the catchment or river, or part of the catchment or river, at which the taking of water under this rule is occurring. 12.2.2.6 Except as provided for by Rules 12.2.1.1 to 12.2.2.5, the taking and use of groundwater from: (i) Any aquifer listed in Schedule 2C; or (ii) Within 100 metres of any wetland, lake or river, is a permitted activity, providing: (a) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (b) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland; and (c) No lawful take of water is adversely affected as a result of the taking; and (d) No take is for a volume greater than 25,000 litres per day at any landholding; and (e) No take is at a rate greater than 0.5 litres per second in the North Otago, Maniototo or Central Otago subregions (as identified on Maps A1–A8), or greater than 1 litre per second elsewhere in Otago; and (f) No back-flow of contaminated water occurs to the water body; and (g) The taking of surface water is not suspended. The Otago Regional Council may, by public notice, suspend the taking of water under this rule if the taking of water as primary allocation, under a resource consent has had to cease in accordance with Rule 12.2.3.5, for the catchment or river, or part of the catchment or river, at which the taking of water under this rule is occurring.

12.2.2.A Controlled activity: Consent required but always granted

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12.2.2A.1 Unless covered by Rule 12.2.1A.1, the taking and use of groundwater for community water supply, by any take identified in Schedule 3B, up to any volume or rate listed in Schedule 3B, is a controlled activity.

In granting any resource consent for the taking and use of groundwater in terms of this rule, the Otago Regional Council will restrict the exercise of its control to the following: (a) The need to observe a restriction level, and (b) The need for a residual flow at the point of take; and (c) The rate, volume, timing and frequency of the water to be taken and used; and (d) The quantity of water required to meet the needs of the community; and (e) The proposed methods of take and delivery of the water taken; and (f) The duration of the resource consent; and (g) The information and monitoring requirements; and (h) Any bond; and (i) The review of conditions of the resource consent; and (j) Any effect on any Regionally Significant Wetland or on any regionally significant wetland value. The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

12.2.3 Restricted discretionary activities: Resource consent required 12.2.3.1 [Repealed – 1 March 2012]

12.2.3.1A Unless covered by Rule 12.2.1A.1, the taking of groundwater from any Schedule 2C aquifer or from within 100 metres of any connected perennial surface water body, and the use of that groundwater, is a restricted discretionary activity, if all the standards and terms set out under Rules 12.1.4.1 to 12.1.4.7 that apply to the proposed taking and use are met, as if the take is surface water, except that any date should be read as 10 April 2010. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8.

12.2.3.2 [Repealed – 1 March 2012]

12.2.3.2A Except as provided for by 12.0.1.3, 12.2.1A.3 and 12.2.3.1A, the taking and use of groundwater is a restricted discretionary activity, if: (a) The volume sought is within: (i) The maximum allocation limit identified in Schedule

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4A; or (ii) 50% of the mean annual recharge calculated under Schedule 4D, for any aquifer not identified in Schedule 4A; or (iii) That volume specified in an existing resource consent where the assessed maximum annual take of the aquifer exceeds its maximum allocation limit; and (b) It is subject to any aquifer restriction identified in Schedule 4B; and (c) Where the rate of surface water depletion is greater than 5 l/s, as calculated using Schedule 5A: (i) Primary surface water allocation is available; and (ii) For the Waitaki catchment, allocation to activities set out in Table 12.1.4.2 is available. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.2.3.4.

12.2.3.3 [Repealed – 1 March 2012]

12.2.3.4 Restricted discretionary activity considerations In considering any resource consent for the taking and use of groundwater in terms of Rule 12.2.3.2A, the Otago Regional Council will restrict the exercise of its discretion to the following: (i) The maximum allocation limit for the aquifer; and (iA) The assessed maximum annual take for the aquifer; and (ii) The mean annual recharge of the aquifer; and (iii) The effect of the take on the hydrodynamic properties of the aquifer and the vulnerability of the aquifer to compaction; and (iv) Whether any part of the take would constitute allocation from any connected perennial surface water body, and the availability of that allocation; and (v) The rate, volume, timing and frequency of groundwater to be taken and used; and (vi) The proposed methods of take, delivery and application of the groundwater taken; and (vii) The source of groundwater available to be taken; and (viii) The location of the use of the groundwater, when it will be taken out of a local catchment; and (ix) In the case of takes from an aquifer identified in Schedule 4B, the restrictions for the aquifer (as identified in that schedule) to be applied to the take of groundwater, if consent is granted; and

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(x) The consent being exercised or suspended in accordance with any Council approved rationing regime; and (xi) Any adverse effect on the existing quality of groundwater in the aquifer; and (xii) Any irreversible or long term degradation of soils arising from the use of water for irrigation; and (xiii) Any actual or potential effects on any surface water body; and (xiv) Any adverse effect on the habitat of any indigenous freshwater fish species that are listed in Schedule 1AA; and (xv) Any effect on any Regionally Significant Wetland or on a regionally significant wetland value; and (xvi) Any financial contribution for regionally significant wetland values or Regionally Significant Wetlands that are adversely affected; and (xvii) Any adverse effect on any lawful take of water, if consent is granted, including potential bore interference; and (xviii)Whether the taking of water under a water permit should be restricted to allow the exercise of another water permit; and (xix) Any arrangement for cooperation with other takers or users; and (xx) Any water storage facility available for the groundwater taken, and its capacity; and (xxi) The duration of the resource consent; and (xxii) The information, monitoring and metering requirements; and (xxiii) Any bond; and (xxiv) The review of conditions of the resource consent; and (xxv) For resource consents in the Waitaki catchment the matters in (i) to (xxi) above, as well as matters in Policies 6.6A.1 to 6.6A.6. Notification and written approvals The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

12.2.3.5 The suspension of takes (i) It is a term of any taking of groundwater under Rules 12.2.1A.1, 12.2.2.5, 12.2.2.6 and 12.2.3.1A that, when the flow in the catchment in which the take occurs is equal to or less than a minimum flow set by or under these rules, the Council may, by public notice, suspend all taking to enable the minimum flow to be met. These catchments have access to flow information via the “Water Info” telephone service, and the taking of water under those consents shall cease automatically (without notification by Council) when the flow is at or below the minimum set in

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Schedule 2A until the flow again exceeds the minimum flow specified in Schedule 2A. (ii) It is a term of any taking of groundwater under Rule 12.2.2.2 that, when the aquifer levels are equal to or less than those set by those rules, the Otago Regional Council may, by public notice, suspend the taking of groundwater to enable the restrictions to be met. (iii) Any notice given under paragraph (i) or (ii) of this rule comes into force on the date specified in the notice and continues in force until revoked by public notice. Any notice may relate to one or more catchments or aquifers.

12.2.4 Discretionary activities: Resource consent required 12.2.4.1 (i) Except as provided for by Rules 12.2.1.1 to 12.2.3.5 the taking and use of groundwater is a discretionary activity.

(ii) Unless covered by Rule 12.2.1A.1, the taking and use of groundwater in the Waitaki catchment to which this rule applies is a discretionary activity provided that by itself or in combination with any other take, use, dam or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.2. In considering an application to which this rule applies, the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.6.

12.2.5 [Moved to 12.2.1A – 1 October 2013] Principal reasons for adopting The taking and use of groundwater can only occur if they are expressly allowed by a rule in a regional plan, or in any relevant proposed regional plan, or by a resource consent (Section 14(3) of the Resource Management Act).

Rule 12.2.1.1 is adopted to provide for and be fully consistent with Policy 12.5.1 of the Regional Policy Statement for Otago. The rule prohibits all taking of groundwater for use in nuclear power generation plants and in nuclear weapons manufacturing.

Rule 12.2.1.2 is adopted to prohibit takes of water from Lake Tuakitoto when the minimum level established by this plan is in force. This rule continues the minimum lake level already established to protect the lake’s recreational and wildlife features by The Local Water Conservation (Lake Tuakitoto) Notice, 1991.

Rule 12.2.2.0 is adopted to permit the use of groundwater take under a resource consent granted prior to 10 April 2010.

The taking and use of groundwater under Rules 12.2.2.1 to 12.2.2.6 will have no more than minor adverse effects on the aquifer from which the water is taken,

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any wetland, lake or river, or on any other person taking water. These rules are adopted to enable access to resources while providing protection for the existing consumptive uses of the groundwater.

The taking and use of groundwater under Rule 12.2.2A.1 for existing community water supply takes identified in Schedule 3B is a controlled activity in order that the needs of Otago’s communities can continue to be met.

The taking of groundwater under Rule 12.2.3.1A is treated as surface water taking, subject to the standards and terms in the specified surface water rules, which include the minimum flows that apply in the relevant catchments. This will maintain surface water levels and the groundwater volume of the aquifers, protect aquifer ecosystems and natural character, while ensuring recognised uses can continue.

The taking of groundwater under Rule 12.2.3.2A, is treated as the taking of groundwater and part surface water, where surface water depletion is greater than 5 l/s. This will maintain the levels identified for the specified aquifers and the groundwater volume of the aquifers, while ensuring the aquifers’ recognised uses can continue. This will also ensure that the effect of the take on the surface water body is recognised.

The Council has restricted the exercise of its discretion when considering applications for resource consents under Rules 12.2.3.1A and 12.2.3.2A.

Any other activity involving the taking of groundwater is either a discretionary activity or a non-complying activity in order that any adverse effects can be assessed. Non-complying activity Rule 12.2.1A.2 was added to this Plan by the Waitaki Catchment Water Allocation Regional Plan.

12.3 The damming or diversion of water

Note: The erection of a dam in the bed of a lake or river is covered by Rules 13.2.1.3 and 13.2.3.1.

12.3.1 Prohibited activities: No resource consent will be granted 12.3.1.1 The damming of the following rivers is a prohibited activity for which no resource consent will be granted: (a) Kawarau River main stem from Scrubby Stream to the Lake Wakatipu control gates (F41:035680 to F41:738667); (b) Shotover River main stem at or about F41:765680 to E40:662173); (c) Dart River/Te Awa Whakatipu main stem from Lake Wakatipu to confluence with Beans Burn (at or about E41:438853 to E40:375077); (d) Rees River main stem from Lake Wakatipu to confluence with Hunter Creek (at or about E41:448852 to E40:499117); and

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(e) Diamond Lake, Diamond Creek and Lake Reid (at or about E40:435975; E40:444963 to E40:450918). 12.3.1.2 The damming of Lake Wanaka and of the Upper Clutha River/Mata- Au between F40:050089 to F40:088067, other than for the duration of an emergency as declared by the Guardians of Lake Wanaka under the Lake Wanaka Preservation Act 1973, is a prohibited activity for which no resource consent will be granted. 12.3.1.3 The damming of the following rivers, other than for stockwater supply purposes, is a prohibited activity for which no resource consent will be granted: (a) Pomahaka River, including its tributaries, from its sources to its confluence (G45:447454) with the Clutha River/Mata-Au; (b) Waipahi River from its source to its confluence (G45:194520) with the Pomahaka River; and (c) Lower Clutha River/Mata-Au from its confluence (G45:447454) with the Pomahaka River to the sea at the mouths of the Matau and Koau Branches.

12.3.1.4 The diversion of surface water from Lake Tuakitoto when the level of the lake is below 100.77 metres above datum, during the period beginning 30 September in any year and ending 16 May in any following year, is a prohibited activity for which no resource consent will be granted.

12.3.1A Non-complying activities: Resource consent required 12.3.1A.1 The damming or diversion of water within any Regionally Significant Wetland is a non-complying activity unless: (i) It is prohibited by Rules 12.3.1.1 to 12.3.1.4; or (ii) It is permitted by Rules 12.3.2.1 to 12.3.2.3; or (iii) It is provided for by Rule 12.3.3.1. An application involving wind energy infrastructure, which because of specific locational constraints affects a Regionally Significant Wetland, will not be bundled with other activities which do not affect a Regionally Significant Wetland.

12.3.1A.2 Except as provided for in Rules 12.3.1A.1 and 12.3.1A.3, the damming or diversion of water in the Waitaki catchment when, by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, exceeds the allocations to activities set out in Rules 12.3.3.1 and 12.3.4.1 is a non-complying activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.5.

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12.3.1A.3 Unless covered by Rule 12.3.1A.1, the damming or diversion of water from Welcome Creek is a non-complying activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.6.

12.3.2 Permitted activities: No resource consent required 12.3.2.1 Unless prohibited by Rules 12.3.1.1 to 12.3.1.4, the damming or diversion of water is a permitted activity, providing: (a) The size of the catchment upstream of the dam, weir or diversion is no more than 50 hectares in area; and (b) In the case of damming, the water immediately upstream of the dam is no more than 3 metres deep, and the volume of water stored by the dam is no more than 20,000 cubic metres; and (c) In the case of diversion, the water is conveyed from one part of any lake or river, or its tributary, to another part of the same lake, river or tributary; and (d) No lawful take of water is adversely affected as a result of the damming or diversion; and (e) Any damming or diversion within a Regionally Significant Wetland was lawfully established prior to 2 July 2011; and (f) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (g) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland; and (h) The damming or diversion does not cause flooding of any other person’s property, erosion, land instability, sedimentation or property damage; and (i) The damming or diversion is not within the Waitaki catchment. 12.3.2.2 The diversion of water, for the purpose of land drainage, is a permitted activity, providing: (a) Any diversion within a Regionally Significant Wetland was lawfully established prior to 2 July 2011; and (b) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (c) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland; and (d) The diversion does not result in the lowering of the level of water in any lake or river; and (e) The diversion does not cause flooding of any other person’s property, erosion, land instability, sedimentation or property damage.

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12.3.2.3 Unless prohibited by Rules 12.3.1.1 to 12.3.1.4, the diversion of water carried out for the purposes of allowing the erection, placement, repair or maintenance of a lawful structure, is a permitted activity, providing: (a) The course of the water always remains within the bed of the lake or river; and (b) The course of the water is returned to its normal course following the completion of the repair or maintenance, and no more than one month after the diversion occurs; and (c) No lawful take of water is adversely affected as a result of the diversion; and (d) Any structure within a Regionally Significant Wetland was lawfully established prior to 2 July 2011; and (e) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (f) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland; and (g) The diversion does not cause any erosion, land instability, sedimentation or property damage.

12.3.3 Restricted discretionary activities: Resource consent required 12.3.3.1 (i) The damming of water, which has been previously carried out under a resource consent or other lawful authority, is a restricted discretionary activity, unless: (a) It is prohibited by Rules 12.3.1.1 to 12.3.1.4; or (b) It is permitted by Rule 12.3.2.1; or (c) It is in Welcome Creek. (ii) Unless covered by Rule 12.3.1A.1, the damming of water in the Waitaki catchment, except in Welcome Creek, to which this rule applies is a restricted discretionary activity provided that by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.2. (iii) The damming of water within a wetland for the purpose of wetland restoration or enhancement is a restricted discretionary activity, unless; (a) It is prohibited by Rules 12.3.1.1 to 12.3.1.4; or (b) It is permitted by Rules 12.3.2.1 to 12.3.2.3.

In considering any resource consent for the damming of water in terms of this rule, the Otago Regional Council will restrict the exercise of its discretion to the following matters:

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(a) Any adverse effects of continuing or discontinuing the damming of water on: (i) Any natural or human use value identified in Schedule 1 for any affected water body including the impoundment itself; (ii) The natural character of any affected water body including the impoundment itself; (iii) Any amenity value supported by any affected water body including the impoundment itself; (iv) Any heritage value associated with any affected water body including the impoundment itself; and (v) Any existing lawfully established take or damming of water; and (b) Any effect on any Regionally Significant Wetland, or on any regionally significant wetland value; and (c) In the case of an application under Rule 12.3.3.1(iii): (i) Any adverse effects on any existing lawfully established take, use, diversion or damming of water; and (ii) Any effect on any wetland or any wetland value; and (d) Any maximum or minimum level or flow of water, and the range, or rate of change, of levels or flows of water; and (e) Flooding, erosion, land instability, sedimentation or property damage resulting from the damming or from the discontinuation of the damming; and (f) Any restoration of exposed lake bed resulting from any reduction in authorised lake level; and (g) The purpose of the existing dam or lake level control; and (h) The duration of the resource consent; and (i) The information and monitoring requirements; and (j) Any financial contribution, including for regionally significant wetland values or Regionally Significant Wetlands that are adversely affected; and (k) Any bond; and (l) Any insurance or other appropriate means of remedying the effects of failure; and (m) Any adverse effect on any lawful priority attached to any resource consent or deemed permit; and (n) Whether the damming of water under a water permit should be restricted to allow the damming or taking of water under any other permit; and (o) The review of conditions of the resource consent; and

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(p) For resource consents in the Waitaki catchment, matters in (a) to (o) above as well as matters in Policies 6.6A.1 to 6.6A.5.

12.3.4 Discretionary activities: Resource consent required 12.3.4.1 (i) Except as provided for by Rules 12.3.1.1 to 12.3.3.1 and except in the Waitaki catchment, the damming or diversion of water is a discretionary activity. (ii) Unless covered by Rule 12.3.1A.1, the damming or diversion of water in the Waitaki catchment, except in Welcome Creek to which this rule applies is a discretionary activity provided that by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.2. In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.5.

12.3.5 [Moved to 12.3.1A – 1 October 2013] Principal reasons for adopting The damming or diversion of water can only occur if it is expressly allowed by a rule in a regional plan or any proposed regional plan, or by a resource consent (Section 14(3) of the Resource Management Act).

The Water Conservation (Kawarau) Order and the Lake Wanaka Preservation Act prohibit the damming of water. The Pomahaka River and Tributaries and Lower Clutha River Local Water Conservation Notice, deleted by this Plan, also prohibited the damming of water. It is therefore appropriate to prohibit the damming of the same waters within this Plan, as provided for by Rules 12.3.1.1 to 12.3.1.3.

Rule 12.3.1.4 is adopted to prohibit the diversion of water from Lake Tuakitoto when the minimum level established by this Plan is in force. This rule continues the minimum lake level already established to protect the lake’s recreational and wildlife features by The Local Water Conservation (Lake Tuakitoto) Notice, 1991.

The damming or diversion of water under Rules 12.3.2.1 to 12.3.2.3, will have no more than minor adverse effects on the natural and human use values supported by water bodies, or on any other person. These rules are adopted to enable small dams or diversions while providing protection for those values and the interests of those people. Any other activity involving the damming or diversion of water is either a restricted discretionary activity, a discretionary activity or a non-complying activity in order that any adverse effects can be assessed. Non-complying activity Rules 12.3.1A.2 and 12.3.1A.3 were added to this Plan by the Waitaki Catchment Water Allocation Regional Plan.

12.4 Discharge of stormwater [Repealed – 1 May 2014]

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12.4.1 [Repealed – 1 May 2014] 12.4.1.1 [Renumbered as 12.B.1.8 – 1 May 2014]

12.4.1.2 [Renumbered as 12.B.1.9 – 1 May 2014]

12.4.2 [Repealed – 1 May 2014] 12.4.2.1 [Renumbered as 12.B.3.1 – 1 May 2014]

12.5 Discharge of drainage water [Repealed – 1 May 2014]

12.5.1 [Repealed – 1 May 2014] 12.5.1.1 [Repealed – 1 May 2014]

12.5.2 [Repealed – 1 May 2014] 12.5.2.1 [Repealed – 1 May 2014]

12.6 Discharge of human sewage [Renumbered as 12.A – 1 May 2014]

12.6.1 [Renumbered as 12.A.1 – 1 May 2014] 12.6.1.1 [Renumbered as 12.A.1.1 – 1 May 2014]

12.6.1.2 [Renumbered as 12.A.1.2 – 1 May 2014]

12.6.1.3 [Renumbered as 12.A.1.3 – 1 May 2014]

12.6.1.4 [Renumbered as 12.A.1.4 – 1 May 2014]

12.6.2 [Renumbered as 12.A.2 – 1 May 2014] 12.6.2.1 [Renumbered as 12.A.2.1 – 1 May 2014]

12.7 Discharge of pesticides [Repealed – 1 May 2014]

12.7.1 [Amended to 12.B.1 – 1 May 2014] 12.7.1.1 [Amended to 12.B.1.1 – 1 May 2014]

12.7.1.2 [Amended to 12.B.1.2 – 1 May 2014]

12.7.1.3 [Renumbered as 12.B.1.3 – 1 May 2014]

12.7.1.4 [Amended to 12.B.1.4 – 1 May 2014]

12.7.2 [Repealed – 1 May 2014] 12.7.2.1 [Repealed – 1 May 2014]

12.A Discharge of human sewage

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12.A.A General Rules for section 12.A 12.A.A.1 The discharge rules in section 12.A apply where a discharge contains human sewage.

Note: The approval of particular technologies for the on-site treatment of human sewage under particular land conditions will usually require the involvement of the relevant city or district council, under the Building Act 2004 or the Health Act 1956. This Plan deals only with the effect of the discharge on the environment, and does not promote any particular technology or treatment method.

12.A.1 Permitted activities: No resource consent required 12.A.1.1 The discharge of human sewage into land from an existing long-drop toilet is a permitted activity, providing: (a) The discharge was lawfully carried out without resource consent prior to 28 February 1998; and (b) There is no direct discharge of human sewage, or effluent derived from it, to water in any water body, drain, water race, or the coastal marine area.

12.A.1.2 The discharge of human sewage into land from any long-drop toilet constructed after 28 February 1998 is a permitted activity, providing: (a) The toilet is sited more than 50 metres from any surface water body or mean high water springs; and (b) The toilet is sited more than 50 metres from any bore which: (i) Existed before the commencement of the discharge associated with the long-drop toilet; and (ii) Is used to supply water for domestic needs or drinking water for livestock; and (c) The discharge does not occur within any Groundwater Protection Zone, as identified on the C-series maps, nor in the area of the Lake Hayes catchment as identified on Map B6; and; (d) There is no direct discharge of human sewage, or effluent derived from it, to water in any drain or water race, or to groundwater; and (e) The toilet is constructed so that no runoff enters the hole.

12.A.1.3 The discharge of human sewage through any existing on-site waste water treatment system onto or into land is a permitted activity, providing: (a) The discharge was lawfully carried out without resource consent prior to 28 February 1998; and

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(b) There is no direct discharge of human sewage, or effluent derived from it, to water in any water body, drain, water race, or the coastal marine area; and (c) Effluent from the system does not run off to any other person’s property; and (d) The discharge does not cause flooding of any other person’s property, erosion, land instability, sedimentation or property damage.

12.A.1.4 The discharge of human sewage through any on-site waste water treatment system, installed after 28 February 1998, onto or into land is a permitted activity, providing: (a) The discharge does not exceed 2000 litres per day (calculated as a weekly average); and (b) The discharge does not occur within the A zone of any Groundwater Protection Zone, as identified on the C-series maps, nor in the area of the Lake Hayes catchment, as identified on Map B6; and (c) The system’s disposal field is sited more than 50 metres from any surface water body or mean high water springs; and (d) The system’s disposal field is sited more than 50 metres from any bore which: (i) Existed before the commencement of the discharge activity; and (ii) Is used to supply water for domestic needs or drinking water for livestock; and (e) There is no direct discharge of human sewage, or effluent derived from it, to water in any drain or water race, or to groundwater; and (f) Effluent from the system does not run off to any other person’s property; and (g) The discharge does not cause flooding of any other person’s property, erosion, land instability, sedimentation or property damage.

12.A.2 Discretionary activities: Resource consent required 12.A.2.1 Except as provided for by Rules 12.A.1.1 to 12.A.1.4, the discharge of human sewage to water, or onto or into land in circumstances where it may enter water, is a discretionary activity. Principal reasons for adopting The discharge of human sewage to water can only occur if it is expressly allowed by a rule in a regional plan or any proposed regional plan, by a resource consent, or by regulation (Section 15(1) of the Resource Management Act). The discharge of human sewage to land (under conditions that ensure it does not enter water)

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cannot be carried out in a manner that contravenes a rule in a regional plan or proposed regional plan (Section 15(2) of the Resource Management Act).

The discharge of human sewage to land under Rules 12.A.1.1 to 12.A.1.4, will have no more than minor adverse effects on the natural and human use values supported by water bodies, or on any other person, because contaminants are unlikely to reach water bodies. These rules are adopted to enable human sewage to be discharged while providing protection for those values and the interests of those people. Any other activity involving the discharge of human sewage, is a discretionary activity in order that any adverse effects can be assessed.

12.B Discharge of hazardous substances, hazardous wastes, specified contaminants, and stormwater; and discharges from industrial or trade premises and consented dams

12.B.A General Rules for section 12.B 12.B.A.1 The discharge rules in section 12.B apply where a discharge: (a) Contains a contaminant provided for in section 12.B; or (b) Is from an industrial or trade premises or consented dam.

12.B.A.2 The discharge rules in section 12.A apply in addition to 12.B where a discharge contains human sewage.

12.B.1 Permitted activities: No resource consent required 12.B.1.1 The discharge of any herbicide to water for the control of aquatic plants is a permitted activity, providing: (a) The herbicide and any associated additive are authorised for aquatic use in New Zealand, and are used in accordance with the authorisation; and (b) The discharge is carried out in accordance with any manufacturers’ directions and is carried out by a person who holds a GROWSAFE Registered Chemical Applicator certificate; and (c) The herbicide is applied in the form of a gel; and (d) The discharge is for the purpose of controlling aquatic plants and does not exceed the quantity, concentration or rate required for that purpose; and (e) No lawful take of water is adversely affected as a result of the discharge; and (f) The discharger notifies, at least one week before commencing the discharge: (i) Every person taking water for domestic supply, and every holder of a resource consent or deemed permit for the taking of water within one kilometre downstream of the proposed discharge in any river or

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water race, or within one kilometre of the proposed discharge in any lake; and (ii) The community through Public Notice, where the discharge will occur directly into a lake, river or any Regionally Significant Wetland.

12.B.1.2 Except as provided for by Rule 12.B.1.1, the land-based discharge of any pesticide onto land is a permitted activity, providing: (a) The pesticide is authorised for use in New Zealand and is used in accordance with the authorisation; and (b) The discharge is carried out in accordance with any manufacturers’ directions; and (c) The discharge is for the purpose of controlling animals, plants or other organisms and does not exceed the quantity, concentration or rate required for that purpose; and (d) There is no direct discharge of the pesticide to water in any water body, drain, water race or the coastal marine area; and (e) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland.

12.B.1.3 The discharge of herbicide to air or land in circumstances where it will enter water, is a permitted activity, providing: (a) The herbicide and any associated additive are authorised for use in or over water in New Zealand and are used in accordance with the authorisation; and (b) The use is carried out in accordance with any manufacturers’ directions; and (c) The discharge is for the purpose of controlling plants and does not exceed the quantity, concentration or rate required for that purpose; and (d) All reasonable measures are taken to minimise any direct discharge of the herbicide to water in any water body, drain, water race, or to the coastal marine area; and (e) No lawful take of water is adversely affected as a result of the discharge; and (f) The discharger notifies, at least one week before commencing the discharge: (i) Every person taking water for domestic supply, and every holder of a resource consent or deemed permit for the taking of water within one kilometre downstream of the proposed discharge alongside any river or water race, or within one kilometre of the proposed discharge alongside any lake; and (ii) The community through Public Notice, where the

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discharge will occur directly into any lake, river or any Regionally Significant Wetland; and (g) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland.

12.B.1.4 Except as provided for by Rule 12.B.1.3, the aerial discharge of any pesticide onto land in circumstances where it, or any contaminant associated with its breakdown, may enter water, is a permitted activity, providing: (a) The pesticide is authorised for use in New Zealand and is used in accordance with the authorisation; and (b) The discharge is carried out in accordance with any manufacturers’ directions, by a person who holds a GROWSAFE Pilots Chemical Rating certificate; and (c) The discharge is for the purpose of controlling animals, plants or other organisms and does not exceed the quantity, concentration or rate required for that purpose; and (d) All reasonable measures are taken to prevent any discharge of the pesticide within 20 metres of water in any water body, drain or water race, or of the coastal marine area; and (e) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland.

12.B.1.5 The discharge of fertiliser onto production land, in circumstances where it may enter water, is a permitted activity, providing: (a) All reasonable measures are taken to minimise any discharge of the fertiliser to water in any water body, drain or water race, or to the coastal marine area; and (b) The discharge is carried out in accordance with the manufacturer’s directions; and (c) There is no damage to fauna or New Zealand native flora, in or on any Regionally Significant Wetland.

12.B.1.6 The discharge of sullage, cooling water or water from any drinking- water supply reservoir, water supply pipeline or swimming pool to water, or onto or into land in circumstances where it may enter water, is a permitted activity, providing: (a) The discharge does not contain: (i) A greater concentration of faecal coliforms than that of the receiving water, or a concentration that could cause the faecal coliform concentration of the receiving water, after reasonable mixing, to exceed 150 CFU per 100 mls; or (ii) Any disinfectant, antiseptic or pesticide; or

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(iii) Any residual flocculant, except for aluminium at acid- soluble aluminium concentrations less than 0.1 grams per cubic metre; or (iv) Any free or residual chlorine at the point where the discharge enters water in any surface water body or mean high water springs; or (v) Human sewage; or (vi) Any hazardous substance; and (b) The discharge does not increase the natural temperature of the receiving water, after reasonable mixing, by more than 3o Celsius, and does not cause the temperature of the receiving water, after reasonable mixing, to rise above 25 o Celsius; and (c) The discharge does not increase the suspended solids levels in the receiving water, after reasonable mixing, by more than 10 grams per cubic metre; and (d) The discharge does not change the pH of the receiving water, after reasonable mixing, by more than 0.5 pH units; and (e) The discharge does not, after reasonable mixing, give rise to any significant adverse effect on aquatic life; and (f) The discharge does not cause flooding of any other person’s property, erosion, land instability, sedimentation or property damage; and (g) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (h) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland.

12.B.1.7 The discharge of water which has been used for the purpose of holding live organisms to water, or onto or into land in circumstances where it may enter water, is a permitted activity, providing: (a) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (b) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland; and (c) No contaminant has been added that is toxic to the aquatic life of the receiving water body; and (d) The discharge contains no pest plant material (as identified in the Pest Management Strategy for Otago 2001); and (e) The discharge does not increase the natural temperature of the receiving waters, after reasonable mixing, by more than 3o Celsius, and does not cause the temperature of the receiving water, after reasonable mixing, to rise above 25o Celsius; and

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(f) The discharge does not increase the suspended solids levels in the receiving water, after reasonable mixing, by more than 10 grams per cubic metre; and (g) The discharge does not, after reasonable mixing, give rise to any significant adverse effect on aquatic life; and (h) The discharge does not cause flooding of any other person’s property, erosion, land instability, sedimentation or property damage.

12.B.1.8 The discharge of stormwater from a reticulated stormwater system to water, or onto or into land in circumstances where it may enter water, is a permitted activity, providing: (a) Where the system is lawfully installed, or extended, after 28 February 1998: (i) The discharge is not to any Regionally Significant Wetland; and (ii) Provision is made for the interception and removal of any contaminant which would give rise to the effects identified in Condition (d) of this rule; and (b) The discharge does not contain any human sewage; and (c) The discharge does not cause flooding of any other person’s property, erosion, land instability, sedimentation or property damage; and (d) The stormwater discharged, after reasonable mixing, does not give rise to all or any of the following effects in the receiving water: (i) The production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials; or (ii) Any conspicuous change in the colour or visual clarity; or (iii) Any emission of objectionable odour; or (iv) The rendering of fresh water unsuitable for consumption by farm animals; or (v) Any significant adverse effects on aquatic life.

12.B.1.9 The discharge of stormwater from any road not connected to a reticulated stormwater system to water, or onto or into land, is a permitted activity, providing: (a) The discharge does not cause flooding of any other person’s property, erosion, land instability, sedimentation or property damage; and (b) Where the road is subject to works, provision is made for the interception of any contaminant to avoid, after reasonable mixing, the following effects in the receiving water:

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(i) The production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials; or (ii) Any conspicuous change in the colour or visual clarity; or (iii) Any emission of objectionable odour; or (iv) The rendering of fresh water unsuitable for consumption by farm animals; or (v) Any significant adverse effects on aquatic life.

12.B.1.10 The discharge of any contaminant, excluding settled sediment, present in water impounded by a dam that is not permitted by Rule 13.2.1.3, to water in a lake or river, is a permitted activity, providing: (a) The purpose of the dam is not for the storage of contaminants; and (b) The dam operator has not caused the contaminant to be discharged into the dam from which it is discharged; and (c) The discharge, after reasonable mixing does not give rise to all or any of the following effects: (i) The production of any conspicuous oil or grease films, scum or foams, or floatable or suspended materials; or (ii) Any conspicuous change in colour or visual clarity; or (iii) Any emission of objectionable odour; or (iv) The rendering of fresh water unsuitable for consumption by farm animals; or (v) Any significant adverse effect on aquatic life; and (d) The discharge ceases when an enforcement officer of the Otago Regional Council requires the discharge to cease to provide for clean-up operations and prevent adverse effects on the environment.

12.B.1.11 Except as provided for by Rule 12.B.1.10, the discharge of a trace amount of any contaminant, originating from within a hydro-electric power structure, into water, is a permitted activity.

12.B.2 Controlled activities: Resource consent required but always granted 12.B.2.1 The discharge of tracer dye to water is a controlled activity, providing it is chemically inert, non-radioactive, and non-toxic.

In granting any resource consent for the discharge of tracer dye in terms of this rule, the Otago Regional Council will restrict the exercise of its control to the following: (a) Any adverse effects of the discharge on: (i) Any natural and human use value identified in Schedule

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1 for any affected water body; (ii) The natural character of any affected water body; and (iii) Any amenity value supported by any affected water body; and (b) Any adverse effect on an existing lawful take of water; and (c) The location and timing of the discharge; and (d) The nature of the dye; and (e) The duration of the resource consent; and (f) The information and monitoring requirements; and (g) Any bond; and (h) The review of conditions of the resource consent.

Applications may be considered without notification under Section 93 and without service under Section 94(1) of the Resource Management Act on persons who, in the opinion of the consent authority, may be adversely affected by the activity.

12.B.3 Restricted discretionary activities: Resource consent required 12.B.3.1 Except as provided for by Rules 12.B.1.8 and 12.B.1.9, the discharge of stormwater to water, or onto or into land in circumstances where it may enter water, is a restricted discretionary activity.

In considering any resource consent for the discharge of stormwater in terms of this rule, the Otago Regional Council will restrict the exercise of its discretion to the following: (a) Any adverse effects of the discharge on: (i) Any natural and human use value identified in Schedule 1 for any affected water body; (ii) The natural character of any affected water body; (iii) Any amenity value supported by any affected water body; and (iv) Any heritage value associated with any affected water body; and (b) Any effect on any Regionally Significant Wetland or on any regionally significant wetland value; and (c) Any financial contribution for regionally significant wetland values or Regionally Significant Wetlands that are adversely affected; and (d) The volume, rate and method of the discharge; and (e) The nature of the discharge; and (f) Treatment options; and

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(g) The location of the discharge point or area, and alternative receiving environments; and (h) The likelihood of erosion, land instability, sedimentation or property damage resulting from the discharge of stormwater; and (i) The potential for soil contamination; and (j) The duration of the resource consent; and (k) The information and monitoring requirements; and (l) Any bond; and (m) Any existing lawful activity associated with any affected water body; and (n) The review of conditions of the resource consent.

12.B.4 Discretionary activities: Resource consent required 12.B.4.1 The discharge of water (excluding stormwater) or any contaminant from an industrial or trade premises or a consented dam to water or to land is a discretionary activity, unless it is permitted by Rule 12.B.1.6, 12.B.1.7, 12.B.1.10 or 12.B.1.11.

12.B.4.2 The discharge of any hazardous substance to water or onto or into land in circumstances which may result in that substance entering water is a discretionary activity, unless it is: (a) Permitted by a rule in 12.B.1; or (b) Provided for by a rule in 12.B.2 or 12.B.3.

12.B.4.3 The discharge of water or any contaminant covered in section 12.B.1 or 12.B.2, to water or onto or into land in circumstances which may result in that water or contaminant entering water, is a discretionary activity, unless it is: (a) Permitted by a rule in 12.B.1; or (b) Provided for by a rule in 12.B.2, 12.B.3, 12.B.4.1 or 12.B.4.2.

12.8 Discharge of agricultural waste and fertiliser [Repealed – 1 May 2014]

12.8.1 [Repealed – 1 May 2014] 12.8.1.1 [Repealed – 1 May 2014]

12.8.1.2 [Repealed – 1 May 2014]

12.8.1.3 [Repealed – 1 May 2014]

12.8.1.4 [Repealed – 1 May 2014]

12.8.1.5 [Renumbered as 12.B.1.5 – 1 May 2014]

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12.8.2 [Repealed – 1 May 2014] 12.8.2.1 [Repealed – 1 May 2014]

12.8.3 [Repealed – 1 May 2014] 12.8.3.1 [Repealed – 1 May 2014]

12.9 Discharges from drilling and bore testing [Repealed – 1 May 2014]

12.9.1 [Repealed – 1 May 2014] 12.9.1.1 [Repealed – 1 May 2014]

12.9.1.2 [Repealed – 1 May 2014]

12.9.2 [Repealed – 1 May 2014] 12.9.2.1 [Repealed – 1 May 2014]

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12.10 Discharges from vessels [Repealed – 1 May 2014]

12.10.1 [Repealed – 1 May 2014] 12.10.1.1 [Repealed – 1 May 2014]

12.10.2 [Repealed – 1 May 2014] 12.10.2.1 [Repealed – 1 May 2014]

12.11 Discharge of water or tracer dye [Repealed – 1 May 2014]

12.11.1 [Repealed – 1 May 2014] 12.11.1.1 [Repealed – 1 May 2014]

12.11.2 [Repealed – 1 May 2014] 12.11.2.1 [Renumbered as 12.B.1.6 – 1 May 2014]

12.11.2.2 [Renumbered as 12.B.1.7 – 1 May 2014]

12.11.2.3 [Repealed – 1 May 2014]

12.11.3 [Repealed – 1 May 2014] 12.11.3.1 [Renumbered as 12.B.2.1]

12.12 Discharges from dams and reservoirs [Repealed – 1 May 2014]

12.12.1 [Repealed – 1 May 2014] 12.12.1.1 [Renumbered as 12.B.1.10 – 1 May 2014]

12.12.1.2 [Renumbered as 12.B.1.11 – 1 May 2014]

12.13 Other discharges [Repealed – 1 May 2014]

12.13.1 [Repealed – 1 May 2014] 12.13.1.1 [Repealed – 1 May 2014]

12.C Other discharges 12.C.A.1 Discharge rules in section 12.C apply to any discharge not provided for in sections 12.A, 12.B or 13.5.

12.C.A.2 Within section 12.C, prohibited activity rules prevail over any permitted, controlled, restricted discretionary and discretionary activity rules.

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Note: Rules applying to plantation forestry: • Refer to the Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017: http://www.legislation.govt.nz/regulation/public/2017/0174/latest/whole.html • Refer to Schedule 17: Rules applying to plantation forestry in Otago. • Rules that apply: 12.C.1.1 (d) (e) (f), excluding (iii); 12.C.2.1; 12.C.2.2; 12.C.2.4; 12.C.3.2.

12.C.0 Prohibited activities: No resource consent will be granted 12.C.0.1 The discharge of any contaminant to water, that produces an objectionable odour, or a conspicuous oil or grease film, scum, or foam in any: (i) Lake, river or Regionally Significant Wetland; or (ii) Drain or water race that flows to a lake, river, Regionally Significant Wetland or coastal marine area; or (iii) Bore or soak hole, is a prohibited activity.

12.C.0.2 The discharge of any contaminant from an animal waste system, silage storage or a composting process: Part B (i) To any lake, river or Regionally Significant Wetland; or Animal waste storage and (ii) To any drain or water race that goes to a lake, river, Application Regionally Significant Wetland or coastal marine area; or (iii) To the bed of any lake, river or Regionally Significant Wetland; or (iv) To any bore or soak hole; or (v) To land in a manner that results in overland flow entering any: (a) Lake, river, Regionally Significant Wetland or coastal marine area that is not permitted under Rule 12.C.1.1 or 12.C.1.1A; or (b) Drain or water race that goes to any lake, river, Regionally Significant Wetland or coastal marine area that is not permitted under Rule 12.C.1.1 or 12.C.1.1A; or (vi) To land within 50 metres of: (a) Any lake, river or Regionally Significant Wetland; or (b) Any bore or soak hole; or (vii) To saturated land; or (viii) That results in ponding, is a prohibited activity.

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12.C.0.3 Any discharge of sediment from disturbed land to water in any: (i) Lake, river or Regionally Significant Wetland; or (ii) Drain or water race that flows to a lake, river, Regionally Significant Wetland or coastal marine area, where no measure is taken to mitigate sediment runoff, is a prohibited activity.

12.C.0.4 The discharge of animal waste from an animal waste system: (i) To any lake, river or Regionally Significant Wetland; or Part B (ii) To any drain or water race that goes to a lake, river, Regionally Animal waste Significant Wetland or coastal marine area; or storage and Application (iii) To the bed of any lake, river or Regionally Significant Wetland; or (iv) To any bore or soak hole; or (v) To land within 50 metres of: (a) Any lake, river or Regionally Significant Wetland; or (b) Any bore or soak hole; or (vi) To land in a manner that results in ponding or overland flow to water, including to frozen land; or (vii) That results in any of the following effects in receiving waters, after reasonable mixing: (a) the production of conspicuous oil or grease films, scums or foams, or floatable or suspended materials; or (b) any conspicuous change in the colour or visual clarity; or (c) any emission of objectionable odour; or (d) the rendering of fresh water unsuitable for consumption by farm animals; or (e) any significant adverse effects on aquatic life; is a prohibited activity.

12.C.1 Permitted activities: No resource consent required 12.C.1.1 The discharge of water or any contaminant to water, or onto or into land in circumstances which may result in a contaminant entering water, is a permitted activity, providing: (a) The discharge does not result in flooding, erosion, land instability or property damage; and (b) There is no discharge of water from one catchment to water in another catchment; and

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(c) The discharge does not change the water level range or hydrological function of any Regionally Significant Wetland; and (d) When the discharge, including any discharge from a drain or water race, enters water in any lake, river, wetland or the coastal marine area; the discharge: (i) Does not result in: (1) A conspicuous change in colour or visual clarity; or (2) A noticeable increase in local sedimentation, in the receiving water (refer to Figure 5); and (ii) Does not have floatable or suspended organic materials; and (iii) Does not have an odour, oil or grease film, scum or foam; and (e) When the discharge enters water in any drain1 that goes to a lake, river, wetland, or the coastal marine area, the discharge: (i) Does not result in: (1) A conspicuous change in colour or visual clarity; or (2) A noticeable increase in local sedimentation, in the lake, river, wetland or the coastal marine area (refer to Figure 6); and (ii) Does not result in the production of conspicuous floatable or suspended organic materials in the drain at the first of: (1) The downstream boundary of the landholding where the discharge occurs; or (2) Immediately before the drain enters a river, lake, wetland or the coastal marine area; and (iii) Does not have an odour, oil or grease film, scum or foam; and (f) When the discharge enters water in any water race2 that goes to a lake, river, wetland, or the coastal marine area, the discharge: (i) Does not result in: (1) A conspicuous change in colour or visual clarity; or (2) A noticeable increase in local sedimentation,

1 In Rules 12.C.1.1 and 12.C.1.1A, ‘drain’ includes any system of drains that goes to a lake, river, wetland or the coastal marine area. 2 In Rules 12.C.1.1 and 12.C.1.1A, ‘water race’ includes any system of water races that goes to a lake, river, wetland or the coastal marine area.

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in the water race (refer to Figure 7); and (ii) Does not result in the production of conspicuous floatable or suspended organic materials in the race at the first of: (1) The downstream boundary of the landholding where the discharge occurs; or (2) Immediately before the race enters a river, lake, wetland or the coastal marine area; and (iii) Does not have an odour, oil or grease film, scum or foam; and (g) From 1 April 2026, the discharge also complies with 12.C.1.1A.

Discharges of contaminants (including sediment) to lakes, rivers, wetlands or the coastal marine area

LAKE OR WETLAND Key B

River

B Discharge Farm B Point of compliance A X for Farm X

Farm A

Figure 5: Implementation of Rule 12.C.1.1(d)(i)

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Discharges of contaminants (including sediment) to drains

Farm A Farm B A/B/C/D Key

River

Drain

Discharge

D Point of compliance X for Farm X

Farm C Direction of flow

Farm D

Figure 6: Implementation of Rule 12.C.1.1(e)(i)

Discharges of contaminants (including sediment) to races

LAKE OR WETLAND

Farm A Farm B

B Key

River

Water Race

Discharge

Point of compliance C X for Farm X D Farm C Direction of flow

Farm D

Figure 7: Implementation of Rule 12.C.1.1(f)(i)

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12.C.1.1A From 1 April 2026, in addition to Rule 12.C.1.1, when the water flow at the relevant representative flow monitoring site is at or below the reference flow in Schedule 16B, the following conditions apply: (a) (i) If the discharge causes contaminants to first enter water in any lake, river, wetland, or the coastal marine area, the discharge does not exceed any of the thresholds in Schedule 16A immediately before entering a river, lake, wetland or the coastal marine area (refer to Figure 8), except: (ii) If the discharge causes contaminants to first enter water in a river which originates in the landholding where the discharge occurs and which conveys irrigation run-off, then the discharge does not result in the exceedance of any of the thresholds in Schedule 16A at the first of: (1) The downstream boundary of the landholding where the discharge occurs; or (2) Immediately before the river joins another river, lake, wetland or the coastal marine area (refer to Figure 9); or

Discharges to rivers, lakes, wetlands or the coastal marine area

LAKE OR WETLAND

B Key

River B Farm B Discharge

Point of compliance for A X Farm X

Farm A

Figure 8: Implementation of Rule 12.C.1.1A(a)(i)

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Flows augmented from irrigation

Farm B A Key

River

Discharge

B Farm A Irrigation

Point of compliance X for Farm X

Figure 9: Implementation of Rule 12.C.1.1A(a)(ii)

(b) If the discharge causes contaminants to first enter water in a drain that goes to a lake, river, wetland or the coastal marine area, then: (i) The discharge does not result in the exceedance3 of any of the thresholds in Schedule 16A within the drain at the first of: (1) The downstream boundary of the landholding where the discharge occurs; or (2) Immediately before the drain enters a river, lake, wetland or the coastal marine area (refer to Figure 10), except: (ii) If all of the dischargers to the drain have advised the Council in writing that they share responsibility for discharges from that drain, contaminants in the drain do not exceed any of the thresholds in Schedule 16A immediately before the drain enters a lake, river, wetland or the coastal marine area (refer to Figure 11); or

3 In determining whether the discharge results in the exceedance of any of the thresholds in Schedule 16A, the concentration of contaminants at the upstream boundary of the landholding where the discharge occurred shall be excluded.

Regional Plan: Water for Otago, updated to 1 May 2014 12-49

R ULES: W ATER TAKE, USE AND MANAGEMENT

Discharges to drains (including open drains and tile drains) (The landholders of A, B, C and D have not advised the Council in writing that they share responsibility for discharges from the drain)

Farm A Farm B A B

D Key

D River Farm C Drain Farm D Discharge C Point of compliance X for Farm X

Direction of flow

Figure 10: Implementation of Rule 12.C.1.1A(b)(i)

Discharges to drains (including open drains and tile drains) (All of the landholders have advised the Council in writing that they share responsibility for discharges from the drain)

Farm A Farm B A/B/C/D

D Key

River Farm C Drain Farm D Discharge C Point of compliance X for Farm X

Direction of flow

Figure 11: Implementation of Rule 12.C.1.1A(b)(ii)

12-50 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: W ATER TAKE, USE AND MANAGEMENT

(c) If the discharge causes contaminants to first enter water in a water race that goes to a lake, river, wetland or the coastal marine area then: (i) (1) Any measurable discharge does not exceed any of the thresholds in Schedule 16A immediately before entering the water race; and (2) The cumulative contaminant discharge into the water race between the upstream boundary of the landholding where the discharge occurs and the first of: (a) The downstream boundary of the same landholding; or (b) Immediately before the water race enters a river, lake, wetland or the coastal marine area (refer to Figure 12), does not exceed any of the thresholds in Schedule 16A, except: (ii) If the race operator has advised the Council in writing that it takes responsibility for discharges to the race from specified landholdings: (1) Paragraph (i) does not apply to discharges from those specified landholdings; and (2) Contaminants in the water race do not exceed any of the thresholds in Schedule 16A immediately before the race enters a lake, river, wetland or the coastal marine area (refer to Figure 13).

Regional Plan: Water for Otago, updated to 1 May 2014 12-51

R ULES: W ATER TAKE, USE AND MANAGEMENT

Discharges to races (All individual landholders have responsibility for their discharges)

LAKE OR WETLAND

B Farm A Farm B Key

B River

Water Race Discharge B/C Points of measurement X for overall contaminant input from Farm X C D Point of compliance for D D/C X measureable discharges Farm C from Farm X Farm D Direction of flow

Figure 12: Implementation of Rule 12.C.1.1A(c)(i)

12-52 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: W ATER TAKE, USE AND MANAGEMENT

Discharges to races Key River

Water Race

Discharge LAKE OR WETLAND Points of measurement X for overall contaminant input from Farm X

Point of compliance for X Farm A Farm B measureable discharges from Farm X Direction of flow

Example 1 The race operator has advised Farm C Farm D Race operator Council in writing that it takes responsibility for all discharges to the race that discharges to the river at farm D

LAKE OR WETLAND

Farm A Farm B

C Example 2

C The race operator has advised C Council in writing that it takes Farm C Farm D Race operator responsibility for the discharges from landholders A, B and D to the race that discharges to the river at farm D Figure 13: Implementation of Rule 12.C.1.1A(c)(ii)

Regional Plan: Water for Otago, updated to 1 May 2014 12-53

R ULES: W ATER TAKE, USE AND MANAGEMENT

12.C.1.2 Notwithstanding Rule 12.C.1.1, the discharge of water or any contaminant from the source water body through: (i) A water race; or (ii) A dam: (1) Permitted under Rule 13.2.1.3; and (2) Not for the purpose of the storage of contaminants, to any lake, river, wetland, or any water race or drain that flows to a lake, river or wetland, is a permitted activity, providing: (a) The race or dam operator has not caused any contaminant to be discharged into the race or dam from which it is discharged; and (b) There is no discharge of water from one catchment to water in another catchment; and (c) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (d) The discharge does not: (1) Result in flooding, erosion, land instability or property damage; or (2) Result in a conspicuous change in colour or visual clarity; or (3) Have floatable or suspended materials.

12.C.1.3 The discharge of nitrogen4 onto or into land in circumstances which may result in nitrogen entering groundwater, is a permitted activity, providing: (a) From 1 April 2026, the nitrogen leaching rate does not exceed: (i) 15 kgN/ha/year for the total area of land managed by a landholder that is located over the relevant Nitrogen Sensitive Zone identified in Maps H5 and H6; and (ii) 20 kgN/ha/year for the total area of land managed by a landholder that is located over the relevant Nitrogen Sensitive Zone identified in Maps H1 to H4; and (iii) 30 kgN/ha/year for the total area of land managed by a landholder that is located outside any Nitrogen Sensitive Zone identified in Maps H1 to H6, as calculated using OVERSEER® version 6 by a Certified Nutrient Management Advisor in accordance with OVERSEER® Best Practice Data Input Standards; and

4 For the purpose of Rule 12.C.1.3, nitrogen comprises of organic nitrogen, ammoniacal nitrogen, nitrite nitrogen and nitrate nitrogen forms.

12-54 Regional Plan: Water for Otago, updated to 16 May 2020

R ULES: W ATER TAKE, USE AND MANAGEMENT

(b) (i) From 1 May 2014 to 31 March 2026, the landholder for outdoor pork, fruit (excluding grapes), berry and rotational vegetable production will keep a record of all inputs into the farm system and evidence that practices complied with the relevant industry good management practices and provide Council upon request with that information. From 1 April 2026, 12.C.1.3(b)(ii) will apply; and (ii) From 1 May 2014, in all other cases, the landholder will: (1) Maintain a record of all necessary data to run OVERSEER® version 6; and (2) Provide Council upon request with: (a) All necessary data to run OVERSEER® version 6; or (b) Any available OVERSEER® version 6 output and input parameter report prepared by a Certified Nutrient Management Advisor in accordance with OVERSEER® Best Practice Data Input Standards.

12.C.1.4 Notwithstanding any other rule in this Plan, the discharge of animal waste, or water containing animal waste, from an animal waste Part B system onto or into land is a permitted activity providing: Animal waste storage and (a) The animal waste system is permitted under Rule 14.7.1.2; Application and (b) The discharge is not prohibited under Rule 12.C.0.4; and (c) The discharge does not occur within 50 metres of the boundary of the property on which the animal waste is generated, or beyond that boundary.

12.C.2 Restricted discretionary activities: Resource consent required 12.C.2.1 The discharge of water or any contaminant: (i) To water; or (ii) Onto or into land in circumstances which may result in a contaminant entering water, for a period up to five years, is a restricted discretionary activity, unless the discharge: (a) Is prohibited by a rule in 12.C.0; or (b) Is permitted by Rules 12.C.1.1, 12.C.1.1A or 12.C.1.2; or (c) Will result in flooding, erosion, land instability or property damage; or

Regional Plan: Water for Otago, updated to 16 May 2020 12-55

R ULES: W ATER TAKE, USE AND MANAGEMENT

(d) Is of water from one catchment to water in another catchment; or (e) Will change the water level range or hydrological function of any Regionally Significant Wetland; or (f) Has previously been authorised by resource consent granted under this rule. The matters to which the Council has restricted the exercise of its discretion are set out in Rule 12.C.2.4.

The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

12.C.2.2 The discharge of water or any contaminant: (i) To water; or (ii) Onto or into land in circumstances which may result in a contaminant entering water, for a period up to two years, from a short-term activity with a short- term effect, is a restricted discretionary activity, unless the discharge: (a) Is prohibited by a rule in 12.C.0; or (b) Is permitted by Rules 12.C.1.1, 12.C.1.1A or 12.C.1.2; or (c) Will result in flooding, erosion, land instability or property damage; or (d) Is of water from one catchment to water in another catchment; or (e) Will change the water level range or hydrological function of any Regionally Significant Wetland. The matters to which the Council has restricted the exercise of its discretion are set out in Rule 12.C.2.4. The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

12.C.2.3 The discharge of nitrogen5 onto or into land in circumstances which may result in nitrogen entering groundwater for a period up to five years is a restricted discretionary activity, unless the discharge: (a) Is prohibited by a rule in 12.C.0; or (b) Is permitted by Rule 12.C.1.3, or

5 For the purpose of Rule 12.C.2.3, nitrogen comprises of organic nitrogen, ammoniacal nitrogen, nitrite nitrogen and nitrate nitrogen forms.

12-56 Regional Plan: Water for Otago, updated to 16 May 2020

R ULES: W ATER TAKE, USE AND MANAGEMENT

(c) Has previously been authorised by a resource consent granted under this rule. The matters to which the Council has restricted the exercise of its discretion are set out in Rule 12.C.2.4. The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

12.C.2.4 Restricted discretionary activity discretions In considering any resource consent in terms of Rules 12.C.2.1 to 12.C.2.3, the Council will restrict the exercise of its discretion to: (a) The nature, type, volume, frequency and location of the discharge; and (b) The concentration and loading of contaminants in the discharge; and (c) In the case of an application under Rules 12.C.2.1 and 12.C.2.3, the staged timeframe for achieving the permitted activity conditions in Rules 12.C.1.1, 12.C.1.1A or 12.C.1.3; and (d) In the case of an application under 12.C.2.2, the staged timeframe to address adverse effects on water quality; and (e) In the case of an application previously consented under Rule 12.C.2.2, compliance with conditions of the previous resource consent; and (f) Any change to infrastructure and the staging of implementation of those changes; and (g) Any adverse effect on water quality, including cumulative effects, and consideration of trends in the quality of the receiving water; and (h) Any adverse effect of the discharge on any natural or human use value, including Kāi Tahu values and use of the coastal marine area for contact recreation and seafood gathering; and (i) The need for and extent of any mixing zone; and (j) Any co-ordination of discharges across multiple landholdings; and (k) The extent to which the contaminant results from the activities of the applicant; and (l) Any effect on any Regionally Significant Wetland or on any regionally significant wetland value; and (m) Any erosion, land instability, sedimentation or property damage resulting from the discharge; and (n) Any financial contribution for any Regionally Significant Wetland or on any regionally significant wetland value; and

Regional Plan: Water for Otago, updated to 1 May 2014 12-57

R ULES: W ATER TAKE, USE AND MANAGEMENT

(o) The information and monitoring requirements; and (p) The duration of the resource consent; and (q) The review of conditions of the resource consent.

12.C.2.5 The discharge of animal waste, or water containing animal waste, from an animal waste system onto or into land is a restricted Part B discretionary activity provided: Animal waste storage and (a) The discharge is not prohibited under Rule 12.C.0.2A; and Application (b) The discharge is not permitted under Rule 12.C.1.4; In considering any resource consent under this rule, the Otago Regional Council will restrict the exercise of its discretion to the following: (i) The application depth and rate; (ii) Size and location of the disposal area, including separation distances from lakes, rivers, Regionally Significant Wetlands, bores, soak holes, water supply for human consumption and dwellings; (iii) Measures to avoid, remedy or mitigate adverse effects on water quality, taking into account the nature and sensitivity of the receiving environment; (iv) Measures to avoid, remedy or mitigate adverse effects on Kāi Tahu cultural and spiritual beliefs, values and uses; (v) Duration of consent and any review conditions; (vi) Quality of, and compliance with, a management plan for the animal waste system; and (vii) Any information and monitoring requirements.

12-58 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: W ATER TAKE, USE AND MANAGEMENT

12.C.3 Discretionary activities: Resource consent required 12.C.3.1 The discharge of water from one catchment to water in another catchment is a discretionary activity.

12.C.3.2 The discharge of water or any contaminant: (i) To water; or (ii) Onto or into land in circumstances which may result in a contaminant entering water is a discretionary activity, unless it is: (a) Prohibited by a rule in 12.C.0; or (b) Permitted by a rule in 12.C.1; or (c) Provided for by a rule in 12.C.2.

Regional Plan: Water for Otago, updated to 1 May 2014 12-59

R ULES: W ATER TAKE, USE AND MANAGEMENT

12-60 Regional Plan: Water for Otago, updated to 1 May 2014

13 Rules: Land Use on Lake or River Beds or Regionally Significant Wetlands

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS

Note: 1. Where the rules in this chapter provide for any activity in the bed of a lake or river, or in any Regionally Significant Wetland, a resource consent may also be required for activities associated with it, such as discharges to water, takes of water, damming or diversion of water, bed disturbance or structures. 2. A wetland may include open water which is part of a lake.

13.1 The use of a structure

13.1.1 Permitted activities: No resource consent required 13.1.1.1 The use of any structure that is fixed in, on, under, or over the bed of any lake or river, or any Regionally Significant Wetland, is a permitted activity, providing: (a) The structure is lawfully established; and (b) In the case of a change in use, the effects of the new use of the structure are the same or similar in character, intensity and scale as the preceding use; and (c) Measures are taken to avoid animal waste entering the lake, river or Regionally Significant Wetland; and (d) The structure is maintained in good repair.

13.1.2 Restricted discretionary activities: Resource consent required 13.1.2.1 Except as provided for by Rule 13.1.1.1, the use of a structure that is fixed in, on under or over the bed of any lake or river, or any Regionally Significant Wetland, is a restricted discretionary activity. In considering any resource consent for the use of any structure in terms of this rule, the Otago Regional Council will restrict the exercise of its discretion to the following: (a) Any adverse effect on the function or structural integrity of the structure; and (b) Any measures to avoid animal waste entering the lake, river, or Regionally Significant Wetland; and (c) The duration of the resource consent; and (d) The information and monitoring requirements; and (e) Any insurance or other appropriate means of remedying the effects of failure; and (f) Any bond; and (g) The review of conditions of the resource consent.

The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

13-2 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS

Principal reasons for adopting The use of a structure that is fixed in, on, under, or over the bed of any lake or river can only occur if it is expressly allowed by a rule in a regional plan or any proposed regional plan, or by a resource consent (Section 13(1) of the Resource Management Act).

The use of any structure under Rule 13.1.1.1 is likely to have less adverse effect than the structure itself. This rule is adopted to enable the use of structures while ensuring that any change in use does not result in new or increased effects. Any other activity involving the use of a structure that is fixed in, on, under, or over the bed of any lake or river is a restricted discretionary activity in order that any adverse effects can be assessed.

13.2 The erection or placement of a structure

13.2.1 Permitted activities: No resource consent required Note: Any alteration of the bed of a lake or river, or of any Regionally Significant Wetland, in association with the following activities must also comply with Rules under 13.5 in order to be classified as a permitted activity.

13.2.1.1 The erection or placement of any fence, pipe, line or cable over the bed of a lake or river, or a Regionally Significant Wetland, is a permitted activity, providing: (a) The fence, pipe, line or cable does not cross a lake or river identified in Schedule 1A as being an “Outstanding natural feature or landscape” unless it is attached to an existing lawfully established support structure; and (b) No part of the fence, pipe, line or cable is fixed to the bed of the lake or river unless it is attached to an existing lawfully established support structure; and (c) No part of any pipe, line or cable is less than two metres above the 1 percent probability flood level, unless it is attached to an existing lawful structure; and (d) Where it is attached to an existing lawful structure, no part of any pipe, line or cable extends below the underside of the existing structure; and (e) Any fence over the bed of a lake or river, or a wetland, does not impede the flow of flood water or debris, or is installed and maintained so it results in no flooding or erosion of the bed or banks of the lake or river, or of a wetland; and (f) The fence, pipe, line or cable does not interfere with navigation; and

Regional Plan: Water for Otago, updated to 1 May 2014 13-3

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (g) For existing overhead network utility services over the bed of a lake or river, there is no reduction in the height of clearance above the waterway; and (h) The fence, pipe, line or cable is maintained in good repair.

13.2.1.2 The placement of any pipe, line, or cable on or under the bed of a lake or river, or any Regionally Significant Wetland, is a permitted activity, providing: (a) The pipe, line, or cable does not impede the flow of water or debris, or is installed and maintained so it results in no flooding, erosion or sedimentation; and (b) The location of the pipe, line, or cable is identified by markers on the banks of the river or lake; and (c) The pipe, line, or cable is maintained in good repair.

13.2.1.3 The erection or placement of any structure for the damming of water that is fixed in or on the bed of any lake or river is a permitted activity, providing: (a) The conditions of Rule 12.3.2.1 are met; and (b) The Otago Regional Council is notified of the location and nature of the dam, at least seven working days prior to commencing the erection or placement; and (c) The structure is maintained in good repair; and (d) The site is left tidy following the erection or placement.

Note: The erection of a dam structure is a different activity to the damming of water. The damming of water is covered by rules under 12.3 of this Plan.

13.2.1.4 The erection or placement of any flow or level recording device, outfall or intake structure or navigational aid structure, that is fixed in, on or under the bed of any lake or river, or any Regionally Significant Wetland, is a permitted activity, providing: (a) The structure does not exceed 2 square metres in area provided that in respect of any flow or level recording device any catwalk to the nearest bank shall be excluded from the area calculation; and (b) The structure, or its erection or placement, does not cause any flooding or erosion; and (c) The Otago Regional Council is notified of the location and nature of the structure, at least seven working days prior to commencing the erection or placement; and

13-4 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (d) Except in the case of a navigational aid, or the sight board of any gauge, any visible part of the structure is of a neutral colour to blend in with the surroundings; and (e) The structure is maintained in good repair; and (f) The site is left tidy following the erection or placement.

13.2.1.5 The erection or placement of any maimai that is fixed in, on or under the bed of any lake or river, or any Regionally Significant Wetland, is a permitted activity, providing: (a) The structure does not exceed 10 square metres in area; and (b) The structure is open piled; and (c) The structure is at least 90 metres from any adjacent maimai; and (d) The site is left tidy following the erection or placement.

13.2.1.6 The erection or placement of any whitebait stand or eel trap that is fixed in, on or under the bed of any lake or river, or any Regionally Significant Wetland, is a permitted activity, providing: (a) The structure is open piled; and (b) The structure does not exceed three square metres in area; and (c) The dimension of the structure perpendicular to the flow of water is no more than 10 percent of the width of the bed of the lake or river, or no more than three metres, whichever is the lesser; and (d) The structure is at least 20 metres from any neighbouring structure, flood gate, confluence or culvert located within the bed of a lake or river; and (e) In the case of a whitebait stand, the structure is erected or placed in or on the bed of the Clutha River/Mata-Au, or its branches; and (f) The site is left tidy following the erection or placement.

13.2.1.7 The erection or placement of any single span bridge including for pipes over the bed of a lake or river, or any Regionally Significant Wetland, is a permitted activity, providing: (a) The bridge or its erection or placement, does not cause any flooding, nor cause any erosion of the bed or banks of the lake or river, or Regionally Significant Wetland, or property damage; and (b) No more than 20 metres of bridge occurs on any 250 metre stretch of any lake or river; and

Regional Plan: Water for Otago, updated to 1 May 2014 13-5

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (c) There is no reduction in the flood conveyance of the lake, river or Regionally Significant Wetland; and (d) The bridge soffit is no lower than the top of the higher river bank; and (e) The bridge and its abutments are secured against bed erosion, flood water and debris loading; and (f) Where the bridge is intended for use by stock, measures are taken to avoid animal waste entering the lake, river or Regionally Significant Wetland; and (g) If the bridge is situated over or on public land, then public access over the public land is maintained.

13.2.1.7A The erection or placement of any boardwalk in, on or over a Regionally Significant Wetland, is a permitted activity, providing the erection or placement, or the boardwalk, does not cause any flooding, nor any erosion.

13.2.1.7B Unless covered by Rule 13.2.1.7 or 13.2.1.7A, the erection or placement of any crossing in or on the bed of a lake or river, or any Regionally Significant Wetland, is a permitted activity, providing: (a) The crossing, or its erection or placement, does not cause any flooding, nor cause erosion of the bed or banks of the lake, river or Regionally Significant Wetland, or property damage; and (b) The top of the crossing is no higher than: (i) 2 metres above the lowest part of the bed where it is located; or (ii) 3.5 metres above the lowest part of the bed where it is located, if the catchment upstream of the crossing is 50 hectares or less in area and there is a culvert with a minimum diameter of 1.2 metres (or equivalent cross- sectional area); and (c) No more than 24 metres of crossing occurs on any 250 metre stretch of any lake or river, with a minimum separation distance between any two crossings in or on the same lake or river of 12 metres; and (d) There is no reduction in the flood conveyance of the lake, river or Regionally Significant Wetland; and (e) The crossing and any ancillary structures are stable under flood conditions, and secured against bed erosion and debris loading; and (f) Fish passage is retained; and (g) Movement of bed material is not impeded; and

13-6 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (h) Where the crossing is intended for use by stock, measures are taken to avoid animal waste entering the lake, river or Regionally Significant Wetland; and (i) If the crossing is situated over or on public land, then public access over the public land is maintained.

13.2.1.8 The placement of a floating boom in, on or over the bed of a lake, or any Regionally Significant Wetland, is a permitted activity, providing that for the bed of any lake: (a) The boom is securely fixed to the bed or margins of the lake; and (b) The boom is not more than 850 metres upstream of a lawfully established hydro-electric dam or control structure or within 200 metres of any other lawfully established dam or control structure; and (c) The boom is maintained at all times in a safe condition, good repair and substantially free of debris; and (d) The boom and all associated equipment are clearly visible.

13.2.2 Restricted discretionary activities: Resource consent required 13.2.2.1 Except as provided for by Rules 13.2.1.1, 13.2.1.2 and 13.2.1.5 to 13.2.1.7B, the erection or placement of any fence, pipe, line, cable, whitebait stand, eel trap, maimai, jetty, single span bridge or crossing in, on, under, or over the bed of any lake or river, or the erection or placement of any fence, pipe, line, cable, jetty, bridge, crossing or boardwalk in, on, under or over any Regionally Significant Wetland, is a restricted discretionary activity. In considering any resource consent for the erection or placement of any fence, pipe, line, cable, whitebait stand, eel trap, maimai, jetty, single span bridge or crossing in terms of this rule, the Otago Regional Council will restrict the exercise of its discretion to the following: (a) Any adverse effects of the activity on: (i) Any natural and human use value identified in Schedule 1 for any affected water body; and (ii) The natural character of any affected water body; and (iii) Any amenity value supported by any affected water body; and (iv) Any heritage value associated with any affected water body; and (b) Any effect on any Regionally Significant Wetland or on any regionally significant wetland value; and (c) Flow and sediment processes; and

Regional Plan: Water for Otago, updated to 1 May 2014 13-7

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (d) Any adverse effect on a defence against water; and (e) Any adverse effect on existing public access; and (f) Fish passage; and (g) The method of construction; and (h) Any measures to avoid animal waste entering the lake, river, or Regionally Significant Wetland; and (i) The duration of the resource consent; and (j) The information and monitoring requirements; and (k) Any existing lawful activity associated with any affected water body; and (l) Any bond; and (m) The review of conditions of the resource consent; and (n) Any financial contribution for regionally significant wetland values or Regionally Significant Wetlands that are adversely affected. The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

13.2.3 Discretionary activities: Resource consent required 13.2.3.1 Except as provided for by Rules 13.2.1.1 to 13.2.2.1, the erection or placement of any structure fixed in, on, under, or over the bed of any lake or river, or any Regionally Significant Wetland, is a discretionary activity.

Principal reasons for adopting The erection or placement of a structure that is fixed in, on, under, or over the bed of any lake, river or Regionally Significant Wetland can only occur if it is expressly allowed by a rule in a regional plan or any proposed regional plan, or by a resource consent (Section 13(1) of the Resource Management Act).

The erection or placement of structures under Rules 13.2.1.1 to 13.2.1.7B will have no more than minor adverse effects on the natural and human use values supported by water bodies, or on any other person, since the structures are suspended clear of the lake or river, or are small or open piled. These rules are adopted to enable such structures to be erected or placed while providing protection for those values and the interests of those people. Any other activity involving the erection or placement of any structure, that is fixed in, on, under, or over the bed of any lake or river is either a restricted discretionary or a discretionary activity in order that any adverse effects can be assessed.

13-8 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS 13.3 The repair, maintenance, extension, alteration, replacement or reconstruction of a structure

13.3.1 Permitted activities: No resource consent required Note: Any alteration of the bed of a lake or river, or of any Regionally Significant Wetland, in association with the following activities must also comply with Rules under 13.5 in order to be classified as a permitted activity.

13.3.1.1 The repair or maintenance of any lawful structure in, on, under or over the bed of a lake or river, or any Regionally Significant Wetland, is a permitted activity providing: (a) There is no permanent change to the scale, nature or functions of the structure.

13.3.1.2 The extension, alteration, replacement or reconstruction of any lawful structure in, on, under or over the bed of a lake or river, or any Regionally Significant Wetland, is a permitted activity providing: (a) In the case of a replacement or reconstruction, the structure is replaced or reconstructed in the same location as the original structure; and (b) There is no permanent change to the scale, nature or functions of the structure, except where a rule under 13.2.1 applies to that structure and the conditions of that rule are met.

13.3.2 Restricted discretionary activities: Resource consent required 13.3.2.1 Except as provided for by Rules 13.3.1.1 and 13.3.1.2, the extension, alteration, replacement or reconstruction of any structure, fixed in, on, under or over the bed of any lake or river, or any Regionally Significant Wetland, is a restricted discretionary activity. In considering any resource consent for the extension, alteration, replacement or reconstruction of any structure in terms of this rule, the Otago Regional Council will restrict the exercise of its discretion to the following: (a) Any adverse effects of the activity on: (i) Any natural and human use value identified in Schedule 1 for any affected water body; and (ii) The natural character of any affected water body; and (iii) Any amenity value supported by any affected water body; and (iv) Any heritage value associated with any affected water body; and

Regional Plan: Water for Otago, updated to 1 May 2014 13-9

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (b) Any effect on any Regionally Significant Wetland or on any regionally significant wetland value; and (c) Flow and sediment processes; and (d) Any adverse effect on a defence against water; and (e) Any adverse effect on existing public access; and (f) The method of construction; and (g) The duration of the resource consent; and (h) The information and monitoring requirements; and (i) Any existing lawful activity associated with any affected water body; and (j) Any insurance or other appropriate means of remedying the effects of failure; and (k) Any bond; and (l) A financial contribution if the structure is a dam, or for regionally significant wetland values or Regionally Significant Wetlands that are adversely affected; and (m) The review of conditions of the resource consent; and (n) Any measures to avoid animal waste entering the lake, river, or Regionally Significant Wetland. The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

Principal reasons for adopting The extension, alteration, replacement or reconstruction of a structure that is fixed in, on, under, or over the bed of any lake or river can only occur if it is expressly allowed by a rule in a regional plan or any proposed regional plan, or by a resource consent (Section 13(1) of the Resource Management Act). Repair or maintenance is allowed under Rule 13.3.1.1 provided there is no permanent change to the scale, nature or functions of the structure.

The work able to be carried out on structures under Rules 13.3.1.1 and 13.3.1.2 will have no more than minor adverse effects on the natural and human use values supported by water bodies, or on any other person, since there is no significant change to the structure. These rules are adopted to enable such structures to be repaired, maintained, extended, altered, replaced or reconstructed while providing protection for those values and the interests of those people. Any other activity involving the extension, alteration, replacement or reconstruction of structure, that is fixed in, on, under, or over the bed of any lake or river is a restricted discretionary activity in order that any adverse effects can be assessed.

13-10 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS 13.4 Demolition or removal of a structure

13.4.1 Permitted activities: No resource consent required Note: Any alteration of the bed of a lake or river, or any Regionally Significant Wetland, in association with the following activities must also comply with Rules under 13.5 in order to be classified as a permitted activity.

13.4.1.1 The demolition or removal of any structure or any part of a structure that is fixed in, on, under, or over the bed of any lake or river, or any Regionally Significant Wetland, is a permitted activity providing: (a) Where any part of the structure remains in situ, nothing remains above the level of the bed; and (b) The structure is not identified as a registered historic place, a building or place identified in any district plan as being of historic value, an archaeological site or a place with interim historic place registration; and (c) The structure is not a sacred place identified by Kai Tahu and located in any area identified as MA3 in Schedule 1D; and (d) There is no use of explosives; and (e) The Otago Regional Council is notified of the demolition or removal, at least seven working days prior to commencing the activity; and (f) The demolition or removal of the structure does not cause any erosion; and (g) The site is left tidy following the demolition or removal; and (h) In the case of any dam structure, the dam is no more than 3 metres high, and the volume of water stored by the dam is no more than 20,000 cubic metres; and (i) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (j) There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland.

13.4.2 Restricted discretionary activities: Resource consent required 13.4.2.1 Except as provided for by Rule 13.4.1.1, the demolition or removal of any structure or any part of a structure that is fixed in, on, under, or over the bed of any lake or river, or any Regionally Significant Wetland, is a restricted discretionary activity.

In considering any resource consent for the demolition or removal of any structure in terms of this rule, the Otago Regional Council will restrict the exercise of its discretion to the following:

Regional Plan: Water for Otago, updated to 1 May 2014 13-11

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (a) Any adverse effects of the activity on: (i) Any natural and human use value identified in Schedule 1 for any affected water body; (ii) The natural character of any affected water body; (iii) Any amenity value supported by any affected water body; and (iv) Any heritage value associated with any affected water body; and (b) Any effect on any Regionally Significant Wetland or on any regionally significant wetland value; and (c) Flow and sediment processes; and (d) Any adverse effect on a defence against water; and (e) Any adverse effect on existing public access; and (f) The method of demolition or removal; and (g) The duration of the resource consent; and (h) The information and monitoring requirements; and (i) Any existing lawful activity associated with any affected water body; and (j) Any bond; and (k) The review of conditions of the resource consent; and (l) Any financial contribution for regionally significant wetland values or Regionally Significant Wetlands that are adversely affected. The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

Principal reasons for adopting The demolition or removal of a structure that is fixed in, on, under, or over the bed of any lake or river can only occur if it is expressly allowed by a rule in a regional plan or any proposed regional plan, or by a resource consent (Section 13(1) of the Resource Management Act).

The demolition or removal of a structure under Rule 13.4.1.1 will have less adverse effect than if the structure remained in the bed. This rule is adopted to enable such demolition or removal to occur while providing protection for the natural and human use values supported by the water body and other persons. Any other activity involving the demolition or removal of a structure, that is fixed in, on, under, or over the bed of any lake or river is a restricted discretionary activity in order that any adverse effects can be assessed.

13-12 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS 13.5 Alteration of the bed of a lake or river, or of a Regionally Significant Wetland

13.5.A General rules for section 13.5 13.5.A.1 Discharges of bed material resulting from the alteration of the bed of a lake or river, or a Regionally Significant Wetland, are addressed only through rules in section 13.5.

Note: Alteration includes any disturbance, and the associated remobilisation (discharge) and redeposition (deposit) of bed material already present, reclamation or deposition of cleanfill associated with works in the bed.

13.5.1 Permitted activities: No resource consent required 13.5.1.1 The disturbance of the bed of any lake or river, or any Regionally Significant Wetland, and any resulting discharge or deposition of bed material associated with: (i) The erection, placement, extension, alteration, replacement, reconstruction, repair, maintenance, demolition or removal, of any structure that is fixed in, on, under or over the bed of any lake or river, or the wetland; or (ii) The clearance of debris or alluvium from within, or immediately surrounding, any structure in order to safeguard the function or structural integrity of the structure; or (iii) The maintenance or reinstatement of a water intake, in order to enable the exercise of a lawful take of water, is a permitted activity, providing: (a) Except in the case of the demolition or removal of a structure, the structure is lawfully established; and (b) Except in the case of (i), there is no increase in the scale of the existing structure; and (c) If work is undertaken between 1 May and 30 September inclusive, the Department of Conservation and the relevant Fish and Game Council will be notified as soon as reasonably practicable in advance; and (d) The bed or wetland disturbance is limited to the extent necessary to undertake the work; and (e) The bed or wetland disturbance does not cause any flooding or erosion; and (f) The time necessary to carry out and complete the whole of the work within the wetted bed of the lake or river does not exceed 10 hours in duration; and

Regional Plan: Water for Otago, updated to 1 May 2014 13-13

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (g) All reasonable steps are taken to minimise the release of sediment to the lake or river during the disturbance, and there is no conspicuous change in the colour or visual clarity of the water body beyond a distance of 200 metres downstream of the disturbance; and (h) No lawful take of water is adversely affected as a result of the bed or wetland disturbance; and (i) The site is left tidy following completion of the activity; and (j) Except for activities covered by Rules 13.2.1.5, 13.2.1.6, or 13.2.1.8, there is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (k) Except for activities covered by Rules 13.2.1.5, 13.2.1.6, or 13.2.1.8, there is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland.

13.5.1.2 The disturbance of the bed of any river for the purpose of clearing any material that has accumulated as a result of a storm event, excluding alluvium, in order to maintain the flood carrying capacity of the bed of the river, and any resulting discharge or deposition of bed material, is a permitted activity, providing: (a) The bed disturbance is limited to the extent necessary to clear the debris; and (b) The bed disturbance does not cause any flooding or erosion; and (c) The time necessary to carry out and complete the whole of the work within the wetted bed does not exceed 10 hours in duration; and (d) All reasonable steps are taken to minimise the release of sediment to the lake or river during the activity, and there is no conspicuous change in the colour or visual clarity of the water body beyond a distance of 200 metres downstream of the disturbance; and (e) No lawful take of water is adversely affected as a result of the bed disturbance; and (f) The site is left tidy following completion of the activity.

13.5.1.3 The disturbance or reclamation of, or the deposition of any substance in, on or under, either the bed of any lake or river, or any Regionally Significant Wetland, and any resulting discharge of bed material, for the purpose of: (i) The erection, placement, extension, alteration, replacement, reconstruction, repair, maintenance, demolition or removal, of any structure carried out under Rules 13.2.1.1 to 13.2.1.7B, 13.3.1.1, 13.3.1.2 or 13.4.1.1; or

13-14 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (ii) The repair or maintenance of any defence against water constructed or placed by artificial means, is a permitted activity providing: (a) The structure or defence against water is lawfully established; and (b) There is no change to the original scale of the structure or defence against water; and (c) The time necessary to carry out and complete the whole of the work within the wetted bed of the lake or river does not exceed 10 hours in duration; and (d) All reasonable steps are taken to minimise the release of sediment to the lake, river or wetland during the activity, and there is no conspicuous change in the colour or visual clarity of the water body beyond a distance of 200 metres downstream of the activity; and (e) No lawful take of water is adversely affected as a result of the activity; and (f) In the case of reclamation or deposition, only cleanfill is used; and (g) The site is left tidy following completion of the activity; and (h) Except for activities covered by Rules 13.2.1.5, 13.2.1.6, or 13.2.1.8, there is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (i) Except for activities covered by Rules 13.2.1.5, 13.2.1.6, or 13.2.1.8, there is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland.

13.5.1.4 The disturbance or reclamation of, or the deposition of any substance in, on or under, the bed of any lake or river, for the purpose of the reinstatement of any bank of a lake or river which has been eroded by a flood event, and any resulting discharge of bed material, is a permitted activity providing: (a) There is no change to the scale of the bank existing before the flood event; and (b) The activity is carried out within twelve months of the flood event that caused the erosion; and (c) The time necessary to carry out and complete the whole of the work within the wetted bed does not exceed 10 hours in duration; and (d) All reasonable steps are taken to minimise the release of sediment to the lake or river during the activity, and there is no conspicuous change in the colour or visual clarity of the

Regional Plan: Water for Otago, updated to 1 May 2014 13-15

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS water body beyond a distance of 200 metres downstream of the activity; and (e) No lawful take of water is adversely affected as a result of the repair or maintenance; and (f) In the case of reclamation or deposition, only cleanfill is used; and (g) The site is left tidy following completion of the activity.

13.5.1.5 The disturbance of the bed of any lake or river associated with the control of aquatic pest plants, and any resulting discharge or deposition of bed material, is a permitted activity providing: (a) The control is carried out under Rule 13.7.1.1, or under a resource consent; and (b) The bed disturbance is limited to that which is necessary for the removal of the plant material.

13.5.1.5A The alteration of any Regionally Significant Wetland, associated with the introduction, planting, removal or clearance of plant material is a permitted activity providing: (a) The introduction, planting, removal or clearance is carried out under Rule 13.6.2.0 or 13.7.1.2, or (b) The introduction, planting, removal or clearance is carried out under a resource consent.

13.5.1.5B The disturbance of any Regionally Significant Wetland, for the purpose of drain maintenance, and any resulting discharge or deposition of bed material, is a permitted activity, providing: (a) The disturbance is limited to that necessary to address water accumulating on land outside of any Regionally Significant Wetland; and (b) The drain was lawfully constructed on or before 2 July 2011; and (c) The drain has been maintained within the preceding 15 years; and (d) There is no increase in the drain dimensions from the last maintenance; and (e) All reasonable measures are taken to minimise the release of sediment to any water body during the disturbance, and there is no conspicuous change in the colour or visual clarity of any water body beyond a distance of 100 metres downstream of the disturbance; and (f) All reasonable steps are taken to minimise damage to fauna and New Zealand native flora; and

13-16 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (g) At least ten working days prior to commencing the maintenance, the Otago Regional Council is given notice of the location and date of the drain maintenance; and (h) Within ten working days after the drain maintenance is carried out, the Otago Regional Council is provided with: (i) Photographs of: (a) The drain immediately before and after maintenance; and (b) The wetland adjoining the drain being maintained, showing vegetation cover; and (ii) Dimensions (longitude and cross-section) of the drain immediately before and after maintenance; and (iii) A map or line diagram identifying the location and course of the drain. 13.5.1.6 Except as provided for by Rule 13.5.1.1, the extraction of alluvium within the bed of a river is a permitted activity, providing: (a) No person takes more than 20 cubic metres in any month; and (b) The alluvium is not taken from the wet bed of the river and the surface of the remaining alluvium is not left lower than the level of the water in the river; and (c) The area from which the material is taken is smoothed over, as far as practicable; and (d) The activity is not carried out within 20 metres of any structure which has foundations in the river bed, or any ford or pipeline; and (e) No material is taken directly from the bank or from any defence against water.

13.5.1.7 Suction dredge mining within the bed of a river is a permitted activity providing: (a) The internal diameter of the nozzle does not exceed 150 mm; and (b) The mining activity does not occur in those rivers, or parts of rivers, listed in Schedule 7 during any identified time period; and (c) The mining activity is not carried out within 20 metres of any structure which has foundations in the river bed, or any ford or pipeline; and (d) The activity does not cause any flooding or erosion; and (e) No refuelling is carried out while the dredge is within the wet bed of the river unless an effective spill tray has been installed; and

Regional Plan: Water for Otago, updated to 1 May 2014 13-17

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (f) The area dredged lies within the wet bed of the river, and no material is removed from within or under the banks of the river; and (g) No suction dredge is operated within 500 metres of another dredge; and (h) No explosives or earthmoving machinery apart from the dredge is used to move material in the river bed; and (i) Any rocks moved to allow suction dredging to occur are returned as close as possible to the site from which they were removed; and (j) There is no conspicuous change in the colour or visual clarity of the water body beyond a distance of 100 metres downstream of the point of discharge of the dredge; and (k) No lawful take of water is adversely affected as a result of the bed disturbance.

13.5.1.8 [Repealed – 1 May 2014]

13.5.1.8A The disturbance of the bed of any lake or river, or any Regionally Significant Wetland by livestock, excluding intentional driving of Part E livestock, and any resulting discharge or deposition of bed material, Stock access is a permitted activity, providing it does not: to water (a) It does not (i) Involve feeding out on that bed or wetland; or (bii) Cause or induce noticeable slumping, pugging or erosion; or (ciii) Result in a visual change in colour or clarity of water; or (div) Damage fauna, or New Zealand native flora, in or on any Regionally Significant Wetland.; and (b) From 2022: (i) All dairy cattle and pigs are excluded from the beds of lakes, continually flowing rivers wider than 1 metre and Regionally Significant Wetlands; and (ii) where stock are excluded under (i), a setback of five metres from the beds of lakes, continually flowing rivers wider than 1 metre and Regionally Significant Wetlands is implemented.

Note: 1. For the purposes of Rule 13.5.1.8A(b), a continually flowing river is considered to be wider than 1 metre if the river is wider than 1 metre at any point within the boundary of a landholding at its annual fullest flow without overtopping its banks.

13-18 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS 2. For the purposes of Rule 13.5.1.8A(b)(ii), setbacks are measured from the edge of the wetted bed of a lake or river wider than 1 metre or Regionally Significant Wetland and are averaged across the landholding.

13.5.1.8B The disturbance of the bed of any lake or river, or any Regionally Significant Wetland, by livestock where they are being intentionally driven, and any resulting discharge or deposition of bed material, is a permitted activity, providing there is no: (a) Existing structure available for use; or (b) Visual change in colour or clarity of water, after the disturbance ceases; or (c) Noticeable slumping, pugging or erosion.

13.5.1.9 The drilling of land on the bed of any lake or river, other than for the purpose of creating a bore, and any disturbance of the bed associated with that drilling, and any resulting discharge or deposition of bed material, is a permitted activity providing: (a) The bed disturbance is limited to the extent necessary for the drilling; and (b) The drill hole is filled or sealed on completion of the work so that contaminants are prevented from entering the hole at any level; and (c) The activity does not occur in the wet bed; and (d) The site is left tidy following completion of the activity.

13.5.1.10 The disturbance of the bed of any ephemeral or intermittently flowing river for the purpose of constructing or maintaining a Part f sediment trap is a permitted activity providing: Sediment (a) The construction or maintenance of the sediment trap is traps undertaken solely for sediment control purposes or to maintain the capacity and effective functioning of the sediment trap; and (b) The construction or maintenance does not result in destabilisation of any lawfully established structure or cause increased risk of flooding or erosion; and (c) The works do not occur in flowing water; and (d) The sediment trap cannot be accessed by livestock; and (e) Any build-up of sediment and other debris (including vegetation) within the sediment trap is removed as soon as practicable; and (f) All reasonable steps are taken to minimise the release of sediment to the ephemeral or intermittently flowing river during the disturbance and there is no conspicuous change

Regional Plan: Water for Otago, updated to 1 May 2014 13-19

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS in the colour or clarity of the water body beyond a distance of 200 metres downstream of the disturbance; and (g) No lawful take of water is adversely affected as a result of the disturbance; and (h) There is no change to the water level range or hydrological function of any Regionally Significant Wetland; and (i) There is no damage to fauna or New Zealand native flora in or on any Regionally Significant Wetland.

13.5.2 Restricted discretionary activities: Resource consent required 13.5.2.1 Except as provided for by Rules 13.5.1.1 and 13.5.1.6, the extraction of alluvium within the bed of a lake or river, or within any Regionally Significant Wetland, is a restricted discretionary activity.

In considering any resource consent for the extraction of alluvium in terms of this rule, the Otago Regional Council will restrict the exercise of its discretion to the following: (a) Any adverse effects of the activity on: (i) Any natural and human use value identified in Schedule 1 for any affected water body; (ii) The natural character of any affected water body; (iii) Any amenity value supported by any affected water body; and (iv) Any heritage value associated with any affected water body; and (b) Any effect on any Regionally Significant Wetland or on any regionally significant wetland value; and (c) Any financial contribution for regionally significant wetland values or Regionally Significant Wetlands that are adversely affected; (d) Any adverse effect on a defence against water; and (e) The quantity of alluvium to be extracted, and the location and the method of removal; and (f) Any adverse effect on existing public access; and (g) The duration of the resource consent; and (h) The information and monitoring requirements; and (i) Any existing lawful activity associated with any affected water body; and (j) Any bond; and (k) The review of conditions of the resource consent.

13-20 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS Except in the case of extraction from the wet bed of a lake or river, or within a Regionally Significant Wetland, the Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

13.5.3 Discretionary activities: Resource consent required 13.5.3.1 Except as provided for by Rules 13.5.1.1 to 13.5.2.1 the alteration of the bed of any lake or river is a discretionary activity.

13.5.3.2 Unless covered by Rules 13.5.1.1, 31.5.1.3, 13.5.1.5A, 13.5.1.5B, 13.5.1.8A, 13.5.1.8B or 13.5.2.1, the alteration of any Regionally Significant Wetland, is a discretionary activity.

Principal reasons for adopting The alteration of the bed of a lake or river can only occur if it is expressly allowed by a rule in a regional plan or any proposed regional plan, or by a resource consent (Section 13(1) of the Resource Management Act).

No person may disturb, remove, damage, or destroy any plant or part of any plant (whether exotic or indigenous) or the habitats of any such plants or of animals in, on, or under the bed of any lake or river in a manner that contravenes a rule in a regional plan or proposed regional plan, unless that activity is expressly allowed by a resource consent or is an existing lawful use allowed by Section 20A of the Act (Resource Management Act Section 13(2)(b)).

Rules 13.5.2.1 and 13.5.3.1 provide for the preservation of the natural state of the shoreline of Lake Wanaka, consistent with Section 4 (c) of the Lake Wanaka Preservation Act 1973.

The alteration of the bed of a lake or river under Rules 13.5.1.1 to 13.5.1.9 will have no more than minor adverse effects on the natural and human use values supported by water bodies, or on any other person, since the activities involve minimal disturbance of the bed. Any other activity involving the alteration of the bed of a lake or river is either a restricted discretionary or a discretionary activity in order that any adverse effects can be assessed.

13.6 The introduction or planting of vegetation

Note: The Otago Regional Council’s Pest Management Strategy 2009 addresses the management of pest plants in Otago under the Biosecurity Act 1993. The Biosecurity Act 1993 bans a number of aquatic plants that have been declared unwanted organisms, from sale, distribution and propagation.

13.6.1 Prohibited activities: No resource consent granted 13.6.1.1 The introduction of material of the following species: (i) Lagarosiphon Lagarosiphon major; or (ii) Eel Grass Vallisneria spiralis; or

Regional Plan: Water for Otago, updated to 1 May 2014 13-21

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (iii) Egeria Egeria densa; or (iv) Hornwort Ceratophyllum demersum; or (v) Hydrilla Hydrilla verticillata; or (vi) Sagittaria Sagittaria graminea ssp platyphylla; or (vii) Spartina Spartina anglica; or (viii) Salvinia Salvinia molesta; or (ix) Water Hyacinth Eichhornia crassipes; or (x) Water Lettuce Pistia stratiotes, to the bed or water of any Otago lake, river, or any Regionally Significant Wetland, is a prohibited activity for which no resource consent will be granted.

13.6.2 Permitted activities: No resource consent required 13.6.2.0 The introduction or planting of any New Zealand native plant to any Regionally Significant Wetland, is a permitted activity providing: (a) All reasonable measures are taken to minimise effects on any Regionally Significant Wetland or on any regionally significant wetland value; and (b) The introduction or planting does not cause any flooding or erosion.

13.6.2.1 The introduction or planting of any plant to or on the bed of any lake or river for the purpose of remedying or mitigating the adverse effects of flooding, erosion, or non-point source discharge of contaminants, or to restore or enhance habitat, is a permitted activity providing: (a) Crack Willow Salix fragilis or Grey Willow Salix cinerea is not introduced to an area where it does not currently exist; and (b) The plant is not any pest plant listed in the Pest Management Strategy for Otago 2009; and (c) All reasonable steps are taken to minimise the release of sediment to the lake or river during the introduction or planting, and there is no conspicuous change in the colour or visual clarity of the water body beyond a distance of 100 metres downstream of the introduction or planting; and (d) The introduction or planting does not cause any flooding or erosion; and (e) The site is left tidy following the introduction or planting.

13.6.3 Discretionary activities: Resource consent required

13-22 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS 13.6.3.1 Except as provided for by Rules 13.6.1.1 to 13.6.2.1, the introduction or planting of vegetation to the bed of any lake or river, or any Regionally Significant Wetland, is a discretionary activity.

Regional Plan: Water for Otago, updated to 1 May 2014 13-23

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS Principal reasons for adopting The introduction or planting of any plant, or any part of any plant (whether exotic or indigenous) on the bed of a lake or river can only occur if it is expressly allowed by a rule in a regional plan or any proposed regional plan, or by a resource consent (Section 13(1) of the Resource Management Act).

The distribution of those plants listed in Rule 13.6.1.1 is banned under the Biosecurity Act 1993 as they have been declared unwanted organisms. It is therefore appropriate to prohibit their introduction to the beds or the waters of Otago’s lakes or rivers.

The introduction of vegetation under Rule 13.6.2.1 will have positive effects, including remedying or mitigating the adverse effects of flooding, erosion, or non-point source discharge of contaminants, and the restoration of habitat. This rule is adopted to enable such beneficial planting to occur. It excludes Crack and Grey willow, where they are not already present, due to their invasive nature. Any other activity involving the introduction of any plant to the bed of a lake or river is a discretionary activity in order that any adverse effects can be assessed.

13.7 The removal of vegetation

13.7.1 Permitted activities: No resource consent required 13.7.1.1 The physical removal of material of any of the following plants: (i) Lagarosiphon Lagarosiphon major; or (ii) Eel Grass Vallisneria spiralis; or (iii) Egeria Egeria densa; or (iv) Hornwort Ceratophyllum demersum; or (v) Hydrilla Hydrilla verticillata; or (vi) Sagittaria Sagittaria graminea ssp platyphylla; or (vii) Spartina Spartina anglica; or (viii) Salvinia Salvinia molesta; or (ix) Water Hyacinth Eichhornia crassipes; or (x) Water Lettuce Pistia stratiotes, from the bed of any lake or river is a permitted activity, providing: (a) Except in the case of Lagarosiphon Lagarosiphon major in Lake Wanaka or Lake Dunstan, containment is utilised to ensure no weed fragments escape; and (b) In the case of Lagarosiphon Lagarosiphon major in Lake Wanaka, containment is utilised to ensure no floating mats or rafts of weed fragments are released onto the lake surface; and

13-24 Regional Plan: Water for Otago, updated to 1 May 2014

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS (c) The Otago Regional Council is notified of the location and nature of the removal, at least seven working days prior to commencing the removal; and (d) The site is left tidy following the removal.

13.7.1.2 The removal or clearance of plant material exotic to New Zealand from any Regionally Significant Wetland, is a permitted activity providing: (a) The plant is not Lagarosiphon (Lagarosiphon major) in Lake Wanaka or Lake Dunstan; and (b) All reasonable measures are taken to minimise effects on any Regionally Significant Wetland or on any regionally significant wetland value.

13.7.2 Controlled Activities: Resource consent required but always granted 13.7.2.1 Except as provided for by Rules 13.7.1.1 and 13.7.1.2, physical removal of material of any of the following plants: (i) Lagarosiphon Lagarosiphon major; or (ii) Eel Grass Vallisneria spiralis; or (iii) Egeria Egeria densa; or (iv) Hornwort Ceratophyllum demersum; or (v) Hydrilla Hydrilla verticillata; or (vi) Sagittaria Sagittaria graminea ssp platyphylla; or (vii) Spartina Spartina anglica; or (viii) Salvinia Salvinia molesta; or (ix) Water Hyacinth Eichhornia crassipes; or (x) Water Lettuce Pistia stratiotes, from the bed of any lake or river, or from any Regionally Significant Wetland, is a controlled activity.

In granting any resource consent for the removal of material of the above identified plants in terms of this rule, the Otago Regional Council will restrict the exercise of its control to the following: (a) The method of removal; and (b) The effects on any Regionally Significant Wetland or on any regionally significant wetland value; and (c) The duration of the resource consent; and (d) The information and monitoring requirements; and (e) Any bond; and (f) The review of conditions of the resource consent.

Regional Plan: Water for Otago, updated to 1 May 2014 13-25

R ULES: L AND USE ON LAKE OR RIVER BEDS OR R EGIONALLY S IGNIFICANT W ETLANDS The Consent Authority is precluded from giving public notification of an application for a resource consent under this rule.

13.7.3 Discretionary activities: Resource consent required 13.7.3.1 Unless covered by Rules 13.7.1.1 to 13.7.2.1, removal or clearance of plant material from any Regionally Significant Wetland, is a discretionary activity.

Principal reasons for adopting No person may disturb, remove, damage or destroy any plant or any part of any plant (whether exotic or indigenous), or the habitats of any such plants or of animals, in, on, or under the bed of any lake or river in a manner that contravenes a rule in a regional plan or any proposed regional plan, unless it is expressly allowed by a resource consent or is an existing lawful use (Resource Management Act Section 13(2)(b)).

The removal of material of the identified plants under Rule 13.7.2.1 will ensure that any spread of the plants caused by their removal is avoided. Any other removal of material of the identified plants from the bed of any lake of river is a controlled activity so that the Otago Regional Council has the opportunity to control the adverse effects likely to arise from that removal.

13-26 Regional Plan: Water for Otago, updated to 1 May 2014

14 Rules: Land Use other than in Lake or River Beds

R ULES: L AND USE OTHER THAN IN LAKE OR RIVER BEDS

14.1 Bore construction

Note: The construction of a bore is carried out for the purpose of taking groundwater, or which results in groundwater being taken. This is distinct from the activities of: • The drilling of land carried out for any other purpose which is covered by rules under 14.2; • The taking of groundwater, which is covered by rules under 12.2 in Chapter 12.

14.1.1 Controlled activities: Resource consent required but always granted 14.1.1.1 The excavation, drilling or other disturbance of land, other than in the bed of any lake or river, for the purpose of creating a bore, is a controlled activity. In granting any resource consent for the excavation, drilling or other disturbance of land in terms of this rule, the Otago Regional Council will restrict the exercise of its control to the following: (a) The location of the bore including its relationship to other bores and other activities; and (b) The planned depth of the bore; and (c) The management of the bore head and maintenance of the bore; and (d) The nature of the bore; and (e) The method of drilling or excavation; and (f) The duration of the resource consent; and (g) The information and monitoring requirements; and (h) Any bond; and (i) The review of conditions of the resource consent. Applications may be considered without notification under Section 93 and without service under Section 94(1) of the Resource Management Act on persons who, in the opinion of the consent authority, may be adversely affected by the activity.

Principal reasons for adopting No person may use any land in a manner that contravenes a rule in a regional plan or any proposed regional plan, unless that activity is expressly allowed by a resource consent or is an existing lawful use (Resource Management Act Section 9(3)).

This rule is adopted to ensure that the Otago Regional Council has the opportunity to control the adverse environmental effects that may arise from penetration of an aquifer resulting from bore hole construction.

14-2 Regional Plan: Water for Otago, updated to 1 March 2012

R ULES: L AND USE OTHER THAN IN LAKE OR RIVER BEDS

14.2 Drilling

14.2.1 Permitted activities: No resource consent required 14.2.1.1 The drilling of land, other than for the purpose of creating a bore, and other than on the bed of any lake or river, is a permitted activity providing: (a) The drilling does not occur on land over an aquifer identified in the C-series maps; and (b) The hole is filled or sealed on completion of the work so that contaminants are prevented from entering the hole at any level.

14.2.2 Controlled activities: Resource consent required but always granted 14.2.2.1 The drilling of land over an aquifer identified in the C-series maps, other than for the purpose of creating a bore and other than on the bed of any lake or river, is a controlled activity. In granting any resource consent for the drilling of land in terms of this rule, the Otago Regional Council will restrict the exercise of its control to the following: (a) The potential for contamination of groundwater; and (b) The location of the drilling; and (c) The planned depth of the drilling; and (d) The management of the drill hole on completion; and (e) The method of drilling; and (f) The duration of the resource consent; and (g) The information and monitoring requirements; and (h) Any bond; and (i) The review of conditions of the resource consent. Applications may be considered without notification under Section 93 and without service under Section 94(1) of the Resource Management Act on persons who, in the opinion of the consent authority, may be adversely affected by the activity.

14.2.3 Restricted discretionary activities: Resource consent required 14.2.3.1 Except as provided by Rules 14.2.1.1 and 14.2.2.1, the drilling of land, other than for the purpose of creating a bore and other than on the bed of any lake or river, is a restricted discretionary activity. In considering any resource consent for the drilling of land in terms of this rule, the Otago Regional Council will restrict the exercise of its discretion to the following: (a) The potential for contamination of groundwater; and (b) The location of the drilling; and

Regional Plan: Water for Otago, updated to 1 June 2015 14-3

(c) The planned depth of the drilling; and (d) The management of the drill hole on completion; and (e) The method of drilling; and (f) The duration of the resource consent; and (g) The information and monitoring requirements; and (h) Any bond; and (i) The review of conditions of the resource consent.

Rule 14.2.1.1 is adopted to enable drilling to occur, but in a manner that protects groundwater resources from the entry of contaminants. Rule 14.2.2.1 is adopted to ensure that the Otago Regional Council has the opportunity to control the adverse environmental effects that may arise whenever an identified aquifer is penetrated. Any other drilling is a restricted discretionary activity in order that any adverse effects on groundwater can be assessed.

14.3 The erection, placement, extension, alteration, replacement, reconstruction, demolition or removal of a defence against water other than on the bed of any lake or river

14.3.1 Permitted Activities: No resource consent required 14.3.1.1 The alteration or reconstruction of any defence against water, other than on the bed of any lake or river, is a permitted activity providing: (a) There is no permanent change to the scale, nature or function of the defence against water.

14.3.2 Discretionary Activities: Resource consent required 14.3.2.1 Except as provided for in Rule 14.3.1.1, the erection, placement, extension, alteration, replacement, reconstruction, demolition or removal, of any defence against water, other than on the bed of any lake or river, is a discretionary activity.

14-4 Regional Plan: Water for Otago, updated to 1 March 2012

R ULES: L AND USE OTHER THAN IN LAKE OR RIVER BEDS

The activities under Rule 14.3.1.1 will have no more than minor adverse effects on the environment. This rule is adopted to ensure that the Otago Regional Council has the opportunity to control defences against water so that they are constructed and maintained in a manner that does not exacerbate flood hazards or cause significant adverse effects on the environment.

14.4 Structures other than defences against water on the margins of lakes and rivers

14.4.1 Permitted Activities: No resource consent required 14.4.1.1 The erection or placement of any structure, other than a defence against water, within 7 metres of the margin of any lake, or within 7 metres of the top of the bank of any river, is a permitted activity, providing: (a) It does not result in the physical prevention or obstruction of access for works to avoid or mitigate any natural hazard; and (b) The Otago Regional Council is notified in writing, of the location and nature of the structure, at least seven working days prior to commencing the erection or placement.

14.4.2 Restricted discretionary activities: Resource consent required 14.4.2.1 Except as provided for by Rule 14.4.1.1, the erection or placement of any structure, other than a defence against water, within 7 metres of the margin of any lake, or within 7 metres of the top of the bank of any river, is a restricted discretionary activity. In considering any resource consent for the erection or placement of a structure in terms of this rule, the Otago Regional Council will restrict the exercise of its discretion to the following matters: (a) The potential for physical access along the river or lake, for works to avoid or mitigate any natural hazard, to be prevented or obstructed, and the degree to which such access will be obstructed.

Rule 14.4.1.1 is adopted to ensure that no person is restricted by a structure from having ready access along lakes or rivers, with machinery if necessary, in order to carry out works for the purpose of hazard avoidance or mitigation. Any other erection or placement of a structure, other than a defence against water, is a restricted discretionary activity, in order that any adverse effects on physical access for this purpose can be assessed.

Regional Plan: Water for Otago, updated to 1 March 2012 14-5

R ULES: L AND USE OTHER THAN IN LAKE OR RIVER BEDS

14.5 Earthworks for residential development Note: 1. The rules in Section 14.5 do not apply to earthworks or soil disturbances covered by the Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017. 2. Discharges resulting from earthworks are addressed only through rules in section 14.5.

14.5.1 Permitted activities: No resource consent required 14.5.1.1 The use of land, and the associated discharge of sediment into Part G water or onto or into land where it may enter water, for Sediment from earthworks for residential development is a permitted activity earthworks for providing: residential development (a) The area of exposed earth is no more than 2,500 m2 in any 12-month period per landholding; and (b) Earthworks do not occur within 10 metres of a water body, a drain, a water race, or the coastal marine area; and (c) Exposed earth is stabilised upon completion of the earthworks to minimise erosion and avoid slope failure; and (d) Earthworks do not occur on contaminated or potentially contaminated land; and (e) Soil or debris from earthworks is not placed where it can enter a water body, a drain, a race or the coastal marine area; and (f) Earthworks do not result in flooding, erosion, land instability, subsidence or property damage at or beyond the boundary of the property where the earthworks occur; and (g) The discharge of sediment does not result in any of the following effects in receiving waters, after reasonable mixing: (i) the production of conspicuous oil or grease films, scums or foams, or floatable or suspended materials; or (ii) any conspicuous change in the colour or visual clarity; or (iii) any emission of objectionable odour; or (iv) the rendering of fresh water unsuitable for consumption by farm animals; or (v) any significant adverse effects on aquatic life. 14.5.2 Restricted discretionary activities: Resource consent required Part G 14.5.2.1 Except as provided by Rule 14.5.1.1, the use of land, and the Sediment from associated discharge of sediment into water or onto or into land earthworks for where it may enter water, for earthworks for residential residential development is a restricted discretionary activity. development 14-6 Regional Plan: Water for Otago, updated to 1 March 2012

R ULES: L AND USE OTHER THAN IN LAKE OR RIVER BEDS

In considering any resource consent under this rule, the Otago Regional Council will restrict the exercise of its discretion to the following: (a) Any erosion, land instability, sedimentation or property damage resulting from the activities; and (b) Effectiveness of the proposed erosion and sediment control measures in reducing discharges of sediment to water or to land where it may enter water; and (c) Compliance with the Erosion and Sediment Control Guidelines for Land Disturbing Activities in the Auckland Region 2016 (Auckland Council Guideline Document GD2016/005); and (d) Any adverse effect on water quality, including cumulative effects, and consideration of trends in the quality of the receiving water body; and (e) Any adverse effect on any natural or human use value, and on use of the coastal marine area for contact recreation and seafood gathering; and (f) Measures to avoid, remedy or mitigate adverse effects on Kāi Tahu cultural and spiritual beliefs, values and uses.

14.6 Rural land uses 14.6.1 Permitted activities: No resource consent required 14.6.1.1 The use of land for intensive grazing is a permitted activity Part D providing: Intensive Grazing (a) The total cumulative area of the landholding used for intensive grazing is the lesser of: (i) 100 hectares; or (ii) 10% of the total cumulative area of the landholding. (b) There is no intensive grazing in any critical source area; and (c) Stock are progressively grazed (break-fed or block-fed) from the top of a slope to the bottom of a slope; and (d) A vegetated strip of at least 10 metres is maintained between the intensively grazed area and any water body, and all stock are excluded from this strip during intensive grazing. 14.6.2 Discretionary activities: Resource consent required Part D 14.6.2.1 Except as provided by Rule 14.6.1.1, the use of land for intensive Intensive grazing is a discretionary activity. Grazing

Regional Plan: Water for Otago, updated to 1 March 2012 14-7

R ULES: L AND USE OTHER THAN IN LAKE OR RIVER BEDS

14.7 Animal Waste Systems

14.7.1 Permitted activities: No resource consent required

Part B 14.7.1.1 The use of land for the use and maintenance of an animal waste Animal system (including storage pond(s) and ancillary structures) that waste was constructed prior to 25 March 2020 is a permitted activity storage and providing: application (a) The storage pond is sized in accordance with the Dairy Effluent Storage Calculator; and (b) The storage pond is either: (i) Fully lined with an impermeable synthetic liner and has a leak detection system underlying the storage pond which is inspected not less than monthly, there is no evidence of any leakage, and a written record is kept recording the results of each inspection; or (ii) Of impervious concrete construction; or (iii) An above-ground tank; or (iv) Certified by a Suitably Qualified Person within the last five years as: (1) Structurally sound and without any visual defects; and (2) Meeting the relevant pond drop test criteria in Schedule 18; and (c) A management plan for the animal waste system is prepared and implemented that requires: (i) Pond drop tests of the storage pond(s) every three years; and (ii) Implementation of contingency measures to prevent the discharge of animal waste to a surface water body, an artificial watercourse, or the coastal marine area, either directly or indirectly, in the event of power outage or the failure of equipment; and (d) Upon written request by the Regional Council a written statement or certificate from a Suitably Qualified Person is provided to show compliance with Conditions (a) to (c).

Note: Rule 14.7.1.1 does not manage discharges of animal waste to land. Animal waste systems that comply with Rule 14.7.1.1 will require resource consent under Rule 12.C.2.5 for the discharge of animal waste to land.

Part B 14.7.1.2 The use of land for the use and maintenance of an animal waste Animal system (including storage pond(s) and ancillary structures) that waste was constructed prior to 25 March 2020 and does not comply with storage and 14-8 applicationRegional Plan: Water for Otago, updated to 1 March 2012

R ULES: L AND USE OTHER THAN IN LAKE OR RIVER BEDS

the conditions of Rule 14.7.1.1 is a permitted activity until the application date specified in Schedule 19.

14.7.2 Controlled activities: Resource consent required 14.7.2.1 The use of land for the construction, use and maintenance of an Part B animal waste system (including storage pond(s) and ancillary Animal structures) constructed after 25 March 2020 is a controlled waste activity provided the following conditions are met: storage and application (a) The storage pond is sized in accordance with the Dairy Effluent Storage Calculator; and (b) The storage pond is either: (i) Fully lined with an impermeable synthetic liner and has an effective leak detection system that underlies the storage pond; or (ii) Of concrete construction; or (iii) Is an above-ground tank; and (c) The design of the animal waste system has been certified as being in accordance with IPENZ Practice Note 211 and IPENZ Practice Note 27;2 and (d) The animal waste system is not located: (i) Within 50 metres of any lake, river or regionally significant wetland; or (ii) Within 90 metres of any water supply used for human consumption; or (iii) Within 50 metres of any bore or soak hole; or (iv) Within 50 metres of the property boundary; or (v) Above subsurface drainage (other than a leak detection system); and (e) A management plan for the animal waste system is prepared and implemented that requires: (i) For ponds that are fully lined with an impermeable synthetic liner and has an effective leak detection system that underlies the storage pond, inspections not less than monthly with a requirement to keep a written record of the results of each inspection; and (ii) Pond drop tests of the storage pond(s) every three years; and (iii) Implementation of contingency measures to prevent the discharge of animal waste to a surface water body, an artificial watercourse, or the coastal marine area, either directly to water or onto or into land in

1 Available from Otago Regional Council’s website at http://www.orc.govt.nz 2 Available from Otago Regional Council’s website at http://www.orc.govt.nz

Regional Plan: Water for Otago, updated to 1 March 2012 14-9

R ULES: L AND USE OTHER THAN IN LAKE OR RIVER BEDS

circumstances which may result in these contaminants entering water, in the event of power outage or the failure of equipment; and (iv) If a leak is detected by the leak detection system, an assessment is undertaken by a Suitably Qualified Person within two months of the detection to determine whether the leak is within the normal operating parameters of the pond.

In granting any resource consent under this rule, the Otago Regional Council will restrict the exercise of its control to the following: (a) The design and construction of the system, including storage capacity, nature of the animal waste and the anticipated life of the system; and (b) The design, construction and adequacy of ancillary structures that are components of the animal waste system; and (c) The height of embankments and the placement and orientation relative to flood flows and stormwater run-off; and (d) Methods to protect the system from damage by animals and machinery; and (e) Quality of, and implementation of, a management plan for the animal waste system which requires pond drop tests of the system’s storage pond(s) every three years; and (f) Potential adverse effects of construction, maintenance and use on water bodies, drains, groundwater, bores, drinking water supplies, the coastal marine area, stop banks, dwellings, places of assembly and urban areas; and (g) Location of the animal waste system; and (h) Measures to avoid, remedy or mitigate adverse effects on Kāi Tahu cultural and spiritual beliefs, values and uses.

14.7.3 Discretionary activities: Resource consent required 14.7.3.1 The use of land for the construction, upgrade, use or maintenance Part B of an animal waste system (including storage pond(s) and Animal ancillary structures) is a discretionary activity provided it is not: waste storage and (a) Permitted under Rules 14.7.1.1 or 14.7.1.2; or application (b) Provided for by Rule 14.7.2.1.

14-10 Regional Plan: Water for Otago, updated to 1 March 2012

20 Schedules

S CHEDULES

Table of Contents for Schedules 1 to 17

1. Schedule of natural and human use values of Otago’s surface water bodies ...... 4 1A Schedule of natural values ...... 6 1AA Schedule of Otago Resident Native Freshwater Fish - Threat Status ....47 1B Schedule of water supply values ...... 48 1C Schedule of registered historic places ...... 51 1D Schedule of spiritual and cultural beliefs, values and uses of significance to Kai Tahu ...... 53

2. Schedule of specified restrictions on the exercise of permits to take surface water ...... 58 2A Schedule of specific minimum flows for primary allocation takes in accordance with Policy 6.4.3, and primary allocation limits in accordance with Policies 6.4.2(a) and 6.4.1A ...... 59 2B Schedule of supplementary allocation blocks and specific minimum flows in accordance with Policy 6.4.9(c) ...... 62 2C Schedule of aquifers where groundwater takes are to be considered as primary allocation, and subject to minimum flows of specified catchments in accordance with Policy 6.4.1A ...... 63 2D Schedule of matters to be considered when setting minimum flows and allocation limits ...... 64

3. Schedule of human use values of Otago’s aquifers...... 65 3A Schedule of human uses of particular aquifers ...... 65 3B Schedule of groundwater takes for the purpose of community water supply ...... 66

4. Schedule of the allocation and restriction regime for groundwater ...... 67 4A Maximum allocation limits for groundwater takes from aquifers ...... 67 4B Restrictions for groundwater takes ...... 67 4C Schedule of matters to be considered when setting maximum allocation limits and restriction levels for aquifers ...... 68 4D Matters to be considered in calculating mean annual recharge...... 69

5. Schedule of limits to instantaneous take of groundwater ...... 70 5A Schedule of equations to determine stream depletion effects of the take of groundwater ...... 70 5B Schedule of method for identifying groundwater takes potentially affected by bore interference ...... 72

6. Schedule of water bodies where damming is prohibited ...... 74

7. Schedule of water bodies sensitive to suction dredge mining ...... 75

8. Schedule of requirements for discharge of animal wastes ...... 80

9 Schedule of identified Regionally Significant Wetlands and Wetland Management Areas ...... 81

20-2 Regional Plan: Water for Otago, updated to 1 July 2018

S CHEDULES

10 [Repealed – 1 October 2013] ...... 86

11 [Repealed – 1 March 2012] ...... 87

12 Schedule of coastal marine area boundaries ...... 88

13 Schedule of transitional provisions repealed by this Regional Plan: Water ...... 103

14 [Repealed – 1 March 2012] ...... 106

15 Schedule of characteristics and numerical limits and targets for good quality water in Otago lakes and rivers ...... 107

16 Schedule of permitted activity discharge thresholds for water quality ..113 16A Permitted activity discharge thresholds for water quality by discharge threshold area ...... 113 16B Representative flow monitoring sites and reference flows ...... 115

17 Schedule of rules applying to plantation forestry in Otago ...... 117

Regional Plan: Water for Otago, updated to 1 July 2018 20-3

S CHEDULE 1 : N ATURAL AND H UMAN U SE V ALUES OF O TAGO’ S S URFACE W ATER B ODIES

1. Schedule of natural and human use values of Otago’s surface water bodies This schedule identifies some of the natural and human use values of Otago’s lakes and rivers. These are the characteristics of a water body which are important to, or are an essential part of, ecological communities, or are enjoyed or utilised by people and communities. The values are identified by geographic subregion and by individual water bodies, or groups of water bodies, within each subregion (see Maps A1-A8 for subregions).

The identification of natural and human use values supported by Otago’s lakes and rivers provides a mechanism for recognising the existence of values which need to be taken into account and given appropriate protection in managing water use and land use activities (see Policy 5.4.2). The opportunity to provide such protection will arise when preparing or reviewing regional and district plans under the Resource Management Act, and when considering applications for resource consents.

This schedule of natural and human use values is divided into five parts: (a) Schedule 1A: Natural values (page 20-6); (aa) Schedule 1AA: Otago Resident Native Freshwater Fish – Threat Status (page 20-47) (b) Schedule 1B: Water supply values (page 20-48); (c) Schedule 1C: Registered historic places (page 20-51); (d) Schedule 1D: Spiritual and cultural beliefs, values and uses of significance to Kai Tahu (page 20-53).

The natural values identified in Schedule 1A are specifically related to Part II of the Resource Management Act but are limited to the attributes of the aquatic ecosystem that support indigenous flora and fauna, trout and salmon, and the regionally significant presence of gamebirds. The outstanding features and landscapes relate to those in Part II of the Act or those identified in the Water Conservation (Kawarau) Order, which this Plan recognises.

Natural and human use values are not limited to those characteristics identified in the schedule. The natural character and amenity values of lakes and rivers are also important natural and human use values, which are given particular regard to by Policies 5.4.8 and 5.4.9. The non-listing of values in Schedule 1A is not to be taken as meaning that an area, value or habitat is not important or worthy of protection.

Some water bodies may be wholly or partly wetland, with regionally significant wetland values. These water bodies may be identified in Schedule 9.

This schedule is not intended to represent a comprehensive or exhaustive list of natural and human use values. It contains information available during the preparation process of this Plan. There is now additional information available for many water bodies, however there may still be lakes or rivers for which there is no

20-4 Regional Plan: Water for Otago, updated to 1 May 2014

S CHEDULE 1 : N ATURAL AND H UMAN U SE V ALUES OF O TAGO’ S S URFACE W ATER B ODIES or insufficient information. Water bodies not included in the schedule, but in close proximity to those that have values identified, may share similar values.

Conversely, identification of a particular value for a river does not necessarily mean that value occurs at every point throughout that river. Identification does, however, provide a starting point, in identifying what values are expected to occur.

Regional Plan: Water for Otago, updated to 1 May 2014 20-5

S CHEDULE 1 A : N ATURAL V ALUES

1A Schedule of natural values The following schedule identifies natural values supported by Otago’s lakes and rivers. These include ecosystem values, outstanding natural features and landscapes, areas of significant indigenous vegetation and significant habitat of indigenous fauna, and areas with a high degree of naturalness.

The areas of significant indigenous vegetation and significant habitat of indigenous fauna are included where they meet criteria under Policy 10.5.2 of the Regional Policy Statement for Otago. Other scheduled values are established to provide certainty and to meet the requirements of the Objectives and Policies in Chapter 6 of the Regional Policy Statement for Otago.

The values are identified by geographic subregion and by individual water bodies, or groups of water bodies, within each subregion (see Maps A1–A8 for subregions).

Note the codes for ecosystem values in Column 2 of Schedule 1A are given in Table 3.

Table 3: Codes for ecosystem values supported by lakes and rivers Ecosystem Value Code Explanation

Physical Characteristics

Size Psize Large water bodies supporting high numbers of particular species, or habitat variety, which can provide for diverse life cycle requirements of a particular species, or a range of species.

Unimpeded access Ppass Access within the main stem of a catchment through to the sea or a lake unimpeded by artificial means, such as weirs, and culverts.

Substrata: Pplant Refers to the bed composition of importance for Macrophyte Pboulder resident biota. Boulder Pgravel Gravel Psand Sand Psilt Silt/mud Prock Bedrock

Habitat Characteristics

Spawning areas Hspawn Refers to presence of significant fish spawning areas: (t)=trout; (s)=salmon.

Juvenile rearing areas Hjuve Refers to presence of significant areas for development of juvenile fish: (t)=trout; (s)=salmon.

Riparian vegetation Hriparian Refers to presence of riparian vegetation of significance to aquatic habitats.

20-6 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Ecosystem Value Code Explanation

Freedom from biological Refers to absence of: nuisances Exoticfree exotic species of fish; Weedfree aquatic pest plants (eg Lagarosiphon) identified in the Pest Management Strategy for Otago 2009; Crack willow. Willowfree Species Characteristics

Exotic game fish: trout, Trout Refers to significant presence of trout. salmon Rtrout Refers to regionally significant presence of trout. Salmon Refers to significant presence of salmon.

Fishery values: eels Eel Refers to significant presence of eels.

Indigenous fish diversity Fishdiv Refers to presence of a significant range of indigenous fish species.

Indigenous fish – rare Rarefish Refers to presence of indigenous fish species species threatened with extinction.

Indigenous waterfowl Birddiv Refers to presence of a significant range of diversity indigenous waterfowl.

Indigenous waterfowl - Birdrare Refers to presence of indigenous waterfowl rare species threatened with extinction.

Indigenous Invertebrates Invdiv Refers to presence of a significant range of diversity indigenous invertebrates.

Indigenous Invertebrates Invrare Refers to presence of indigenous invertebrates - rare species threatened with extinction.

Indigenous- aquatic Sigveg Refers to presence of significant indigenous aquatic vegetation vegetation.

Gamebirds Gbird Refers to regionally significant presence of gamebirds.

Note that all map references given in Schedule 1A refer to the NZMS 260 series.

Regional Plan: Water for Otago, updated to 1 October 2013 20-7

S CHEDULE 1 A : N ATURAL V ALUES

North Otago subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural indigenous degree of feature or vegetation and naturalness landscape significant habitat of indigenous fauna Welcome Hspawn(t), Weedfree, Creek Trout, Salmon. Invdiv in headwaters Unnamed Ppass, Pgravel, Hspawn(t), former Hjuve(t), Trout tributary of the Pacific Ocean a.k.a. Temby Swamp Stream Waiareka Weedfree, Hspawn (inanga Creek spawning below J42:435586) Kakanui Psize, Ppass, all substrata, Significant habitat A high degree of River (note, Weedfree, Hspawn(t), for longjaw galaxiid naturalness above the Kakanui- (inanga spawning below and koaro. Clifton Falls. Kauru J42:443574), Hjuve, Trout, Significant habitat Alluvium Eel, Rarefish, Fishdiv. for lamprey Aquifer forms Willowfree, Hriparian (uncommon in an integral upstream of I41:275733. Otago). part of the Invrare (North branch) water body) upstream of I41:110675 Kauru River Pgravel, Weedfree, Significant habitat Rarefish, Fishdiv for longjaw galaxiid. Kurinui Creek Weedfree. Invrare a.k.a. Big upstream of J42:334392 Kuri Creek Waianakarua Ppass, Pgravel, Hjuve, Significant habitat A high degree of River Hriparian, Weedfree, for koaro. naturalness above Hspawn (inanga spawning afforested areas of downstream of the catchment. J42:403485), Rarefish, Fishdiv, Eel South Branch Ppass, Pgravel, Hjuve, Waianakarua Hriparian, Weedfree, Fishdiv. Invrare upstream of J42:305410 Shag River Psize, Ppass all substrata, Significant habitat (Waihemo) Weedfree, Hspawn (inanga for flathead galaxiid (note, the spawning below and koaro. Shag J43:351233), Trout(t), Eel, Significant habitat Alluvium Rarefish. Invdiv in mid for lamprey Aquifer forms reaches (uncommon in an integral Otago). part of the water body) Siberia Creek Weedfree, Rarefish Significant habitat for flathead galaxiid.

20-8 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

North Otago subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural indigenous degree of feature or vegetation and naturalness landscape significant habitat of indigenous fauna Unnamed Weedfree, Rarefish Significant habitat tributary of for koaro upstream the Shag of I42:224388. River (Waihemo) a.k.a. Deem Burn Pigroot Creek Pboulder, Hriparian, Weedfree. Invrare upstream of I42:072530 Happy Valley Weedfree, Rarefish Significant habitat Creek for flathead galaxiid. Tipperary Weedfree, Rarefish Significant habitat Creek for hybrid galaxiid species. Deepdell Weedfree, Rarefish Significant habitat Creek for flathead galaxiid. Trotters Creek Weedfree, Hriparian, Significant habitat Hjuve, Fishdiv, Rarefish. for giant kokopu Invrare upstream of and koaro. J42:330322 Significant habitat for lamprey (uncommon in Otago). Pigeon Creek Weedfree, Hriparian, Significant habitat Hjuve, Fishdiv, Rarefish. for giant kokopu. Invrare upstream of J42:335339

Regional Plan: Water for Otago, updated to 1 October 2013 20-9

S CHEDULE 1 A : N ATURAL V ALUES

Maniototo subregion

Water body Ecosystem Values Outstanding natural Significant Areas with a high feature or landscape indigenous vegetation degree of and significant naturalness habitat of indigenous fauna Taieri River Psize, Pgravel, a) Deep gorge Significant habitat for upstream of Ppass, (Taieri Falls) cut flathead galaxiid, Tiroiti Hspawn(t&s), into distinct rocky including tributaries Hjuve, Weedfree, scarp, schistose upstream of Paerau Eel, Trout landscape, in weir. downstream of main stem Significant habitat for Paerau weir. between lamprey (uncommon Hriparian, Trout, H43:110567 and in Otago). Birddiv, Invdiv, Canadian Flat. Rarefish upstream b) Deep gorge of Paerau weir. (Paerau Gorge) Invrare upstream of cut into distinct H43:544013, Gbird rocky scarp, schistose landscape, in main stem from Paerau Reservoir to NZMS 260 H42:369727. c) Scroll plain (Serpentine Flat) consisting of a meandering channel pattern and oxbow lakes and wetlands, from confluence with Bonds Creek to Paerau Reservoir. d) Scroll plain consisting of a meandering channel pattern and oxbow lakes and wetlands, from confluence with Linn Burn to confluence with Shepherds Hut Stream. Ailsa Creek Weedfree, Rarefish Significant habitat for flathead galaxiid. Bullocky Weedfree, Rarefish Significant habitat for Creek flathead galaxiid. Elbow Creek Weedfree, Rarefish Significant habitat for flathead galaxiid. Unnamed Weedfree, Rarefish Significant habitat for tributary of flathead galaxiid. the Taieri River at H43:600125

20-10 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Maniototo subregion

Water body Ecosystem Values Outstanding natural Significant Areas with a high feature or landscape indigenous vegetation degree of and significant naturalness habitat of indigenous fauna Horse Burn Weedfree, Rarefish Significant habitat for flathead galaxiid. Rock and Weedfree, Hspawn, A high degree of Pillar Creek Hjuve, Hriparian, naturalness above Exoticfree. Invrare 900 metres asl. upstream of H43:772290 Styx Creek Weedfree, A high degree of Hspawn(t), naturalness above Hjuve(t), Hriparian, 900 metres asl. Exoticfree. Invrare upstream of H43:744254 Logan Burn Weedfree, Hspawn, A high degree of Hjuve, Hriparian, naturalness above Trout 900 metres asl. Shepherds Hriparian, Hut Creek, Hspawn(t), Hjuve McHardies Creek and Loganburn Reservoir Linn Burn Pboulder, Significant habitat for A high degree of Weedfree, Rarefish. flathead galaxiid. naturalness above Invrare upstream of 600 metres asl. H43:603294 Totara Creek Weedfree, Trout Significant habitat for A high degree of (lower reaches), unidentified galaxiid naturalness above Rarefish. Invrare species. 600 metres asl. upstream of H42:595338 Sow Burn Weedfree, Hspawn, A high degree of Hjuve, Hriparian, naturalness above Salmon, Trout 900 metres asl. Cambridge Weedfree, Rarefish Significant habitat for A high degree of Creek flathead galaxiid. naturalness above (tributary of 900 metres asl. the Sow Burn) Ewe Burn Hspawn(t), Significant habitat for Weedfree, Rarefish, roundhead galaxiid. Trout Pig Burn Hspawn, Hjuve, Trout Kye Burn Psize, Ppass, Areas of old gold Significant habitat for A high degree of Weedfree, sluicing landscapes. flathead galaxiid and naturalness above Hriparian, roundhead galaxiid. 900 metres asl. Hspawn(t), Hjuve, Rarefish, Eel, Trout

Regional Plan: Water for Otago, updated to 1 October 2013 20-11

S CHEDULE 1 A : N ATURAL V ALUES

Maniototo subregion

Water body Ecosystem Values Outstanding natural Significant Areas with a high feature or landscape indigenous vegetation degree of and significant naturalness habitat of indigenous fauna Healy Creek Weedfree, Rarefish, Significant habitat for Fishdiv unique community of flathead and roundhead galaxiids. Type locality for flathead galaxiid. Little Kye Weedfree, Significant habitat for Burn Hspawn(t), Trout, roundhead galaxiid. Rarefish Swin Burn Weedfree, Significant habitat for Hspawn(t), roundhead galaxiid. Hjuve(t), Hriparian, Rarefish

20-12 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Central Otago subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural feature indigenous degree of naturalness or landscape vegetation and significant habitat of indigenous fauna Clutha Psize, Prock, Pgravel, Significant habitat River/Mata- Hspawn(t&s), for flathead galaxiid Au between Hriparian, (tributaries). Alexandra Hjuve(t&s), Trout, and Lake Eel, Salmon, Rarefish, Wanaka Birddiv Chapmans Invrare upstream of A high degree of Gully G42:237420 naturalness above 900 metres asl. Luggate Weedfree, Rarefish. Significant habitat Creek Invrare upstream of for koaro. F40:040924 Princess Burn Weedfree. Invrare upstream of F40:064925 Manuherikia Pgravel, Hspawn(t), Significant habitat: River main Hjuve, Hriparian, Areas of importance stem Weedfree, Eel, Trout. to internationally Invdiv in mid reaches. uncommon species - Birdrare above Falls black fronted tern - Dam above Falls Dam. Rocks Creek Weedfree. Invrare upstream of H40:620976 Unnamed Weedfree, Rarefish Significant habitat tributary of for roundhead the Manor galaxiid. Burn at G42:435365 Chatto Creek Pboulder, Hspawn, Significant habitat Hriparian, Weedfree, for roundhead Trout, Eel, Rarefish galaxiid. Devonshire Pboulder, Hriparian, Creek Hspawn, Hjuve, Trout Ophir Weedfree, Rarefish Significant habitat Drainage type locality for Channel roundhead galaxiid. Dunstan Pgravel, Weedfree, Old gold A high degree of Creek Hriparian. Hjuve (t), sluicing naturalness above 900 Hspawn (t), Trout in landscapes at metres asl. lower reaches Blue Lake. Ida Burn and Hspawn, Hjuve, Pool Burn Trout, Eel Donald Pgravel, Weedfree. A high degree of Stuarts Creek Exoticfree, Invrare naturalness above 900 upstream of metres asl. H41:508840 Dovedale Weedfree, Rarefish Significant habitat Creek for roundhead galaxiid.

Regional Plan: Water for Otago, updated to 1 October 2013 20-13

S CHEDULE 1 A : N ATURAL V ALUES

Central Otago subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural feature indigenous degree of naturalness or landscape vegetation and significant habitat of indigenous fauna Earnscleugh Pgravel, Hspawn(t), A high degree of or Fraser Hjuve(t). Hriparian naturalness above 900 River (except in lower metres asl. reaches). Weedfree, Trout, Eel. Exoticfree in headwaters. Invrare upstream of F42:098420 Bannock Pgravel, Hjuve, Burn Hspawn, Eel, Trout Low Burn Pboulder, Weedfree, A high degree of Hspawn(t), Hjuve(t) naturalness above 900 metres asl. Sheepskin Weedfree, Rarefish Significant habitat Creek for flathead galaxiid. Schoolhouse Weedfree, Rarefish Significant habitat Creek for flathead galaxiid. Lindis River Pgravel, Weedfree, A high degree of Hspawn(t), Hjuve(t), naturalness above 900 Eel, Trout metres asl. John Bull Weedfree, Rarefish Significant habitat Creek for koaro. Amisfield Weedfree, Rarefish Significant habitat Burn for koaro. Cardrona Pboulder, Psand, Significant habitat A high degree of River Pgravel, Hspawn, for flathead galaxiid naturalness above 900 Hjuve, Weedfree, metres asl Trout, Eel, Rarefish. Invrare (mid to upper reaches) Spotts Creek Weedfree, Rarefish Significant habitat for koaro. Timber Creek Weedfree, Rarefish Significant habitat for koaro. Branch Burn Weedfree, Rarefish Significant habitat for koaro. Boundary Weedfree, Rarefish Significant habitat Creek for koaro. Wrights Gully Weedfree, Rarefish Significant habitat for koaro. Maori Gully Weedfree, Rarefish Significant habitat for koaro.

20-14 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

Water body Ecosystem Outstanding natural Significant Areas with a Values feature or landscape indigenous vegetation high degree of and significant naturalness habitat of indigenous fauna Kawarau Psize, Pgravel, Outstanding: Significant habitat for River Prock, Trout, (a) for its wild, scenic koaro including many between Salmon, Eel, characteristics; tributaries. Lake Rarefish. (b) natural characteristics, Dunstan and Weedfree in particular the return Lake upstream of flow in the upper Wakatipu Lake Dunstan section when the Shotover River is in flood; (c) for scientific values, in particular the return flow in the upper section when the Shotover is in flood; (d) for recreational purposes, in particular rafting, jet boating and kayaking. Spectacular and rugged river gorge, schistose landscape, fast flowing white water and rapids, old gold sluicing landscape, from confluence with Arrow River to Lake Dunstan. Soho Creek Weedfree. Invrare upstream of F41:866830 Lake Hayes Psand, Psilt, Weedfree, Hriparian, Eel, Trout Lakes Hriparian, Eel, Johnson, Trout Luna, Kirkpatrick and Dispute Horne Creek Weedfree. Hspawn(t), Hjuve(t), Ppass, Trout in lower reaches Moke Lake Hriparian, Significant Weedfree (also vegetation: Rare free of Elodea), association of aquatic Eel, Trout, plants. Sigveg

Regional Plan: Water for Otago, updated to 1 October 2013 20-15

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

Water body Ecosystem Outstanding natural Significant Areas with a Values feature or landscape indigenous vegetation high degree of and significant naturalness habitat of indigenous fauna Lake Psize, Pplant, Outstanding: Significant habitat for Wakatipu Weedfree, (a) as a fishery; koaro including many Hjuve(t&s), (b) for its scenic tributaries. Hriparian, Eel, characteristics; Trout, Salmon, (c) for scientific value, in Significant Sigveg, particular water clarity, vegetation: Rare Rarefish, and bryophyte association of aquatic Invrare community; plants. (d) for recreational purposes, in particular boating; (e) for historical purposes; (f) for significance in accordance with tikanga Maori, in particular sites at the head of the lake, and the legend of the lake itself.

Scenic values within the wider landscape context of the surrounding mountains, particularly: • clear blue colour of the water, • river deltas, and • beaches, particularly uncommon beach features between Rat Point and White Point. Unnamed Weedfree, tributary of Invrare Lake Wakatipu at F42:747392 One Mile Weedfree. Creek Invrare upstream of E41:665659 Gorge Creek Weedfree. Invrare upstream of E41:408857

20-16 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

Water body Ecosystem Outstanding natural Significant Areas with a Values feature or landscape indigenous vegetation high degree of and significant naturalness habitat of indigenous fauna Wye, Pboulder, Significant habitat for A high degree of Kingston Hriparian, koaro. naturalness and Weedfree, above 900 Staircase Rarefish. Ppass metres asl. Creeks in Staircase Creek only. Hspawn in lower reaches Streams Pboulder, A high degree of from west Weedfree, naturalness and south of Hjuve, Hspawn, above 900 Richardson Hriparian metres asl. Mountains Buckler Pboulder, A high degree of Burn, Weedfree, naturalness Precipice Hspawn(t), above 900 Creek or Hjuve(t), metres asl. Temple Hriparian Burn, Twelve Mile Creek or Ox Burn Rees River Psize, Ppass, Outstanding: Significant habitat: Hspawn(t), (a) Natural and physical Areas of importance Hjuve(t), qualities and to internationally Weedfree, characteristics that uncommon species - Hriparian, Eel, contribute to people’s black fronted tern, Salmon, Trout, appreciation of wrybill, banded Birddiv, pleasantness of waters; dotterel - in main Birdrare (b) Natural and physical stem from Lake qualities and Wakatipu to characteristics that confluence with contribute to aesthetic Hunter Creek. coherence; (c) as habitat for wildlife; (d) for its scenic characteristics; (e) for significance in accordance with tikanga Maori, in particular sites at the mouth of the river.

High level of naturalness - free from significant interference by human practices, from confluence with Hunter Creek to its source.

System of braided gravel river channels, in main stem from Lake Wakatipu

Regional Plan: Water for Otago, updated to 1 October 2013 20-17

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

Water body Ecosystem Outstanding natural Significant Areas with a Values feature or landscape indigenous vegetation high degree of and significant naturalness habitat of indigenous fauna to confluence with Hunter Creek. Earnslaw Ppass, Hspawn, A high degree of Burn Hriparian, naturalness Hjuve, Trout, within Mount Weedfree, Aspiring/Tititea Salmon, National Park. Birddiv, Birdrare Diamond Ppass, Psand, Outstanding Significant habitat for Lake, Hspawn(t&s), (a) as habitat for wildlife koaro. Diamond Hjuve(t&s), and quinnat salmon; Creek and Weedfree, (b) as a fishery. Lake Reid Hriparian, Eel, Trout, Salmon (Quinnat), Birddiv, Rarefish Diamond Weedfree, Significant habitat Lake Rarefish for koaro. tributary at E40:447978 Dart Psize, Ppass, Outstanding: Significant habitat: River/Te Weedfree, (a) Natural and physical Presence of a Awa Hspawn, Hjuve, qualities and breeding population Whakatipu Hriparian, Eel, characteristics that of threatened Trout, Salmon, contribute to people’s endemic species - Birddiv, appreciation of blue duck - above Birdrare pleasantness of waters; Beans Burn (b) Natural and physical confluence to its qualities and source. characteristics that Areas of importance contribute to aesthetic to internationally coherence; uncommon species - (c) Natural and physical black fronted tern, qualities and wrybill, banded characteristics that dotterel - in main contribute to cultural stem from Lake attributes; Wakatipu to (d) Biological and genetic confluence to Beans diversity of Burn. ecosystems; (e) Essential characteristics that determine the ecosystem’s integrity, form, functioning and resilience; (f) as habitat for wildlife; (g) for its scenic characteristics; (h) for its natural characteristics, in

20-18 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

Water body Ecosystem Outstanding natural Significant Areas with a Values feature or landscape indigenous vegetation high degree of and significant naturalness habitat of indigenous fauna particular natural turbidity; (i) scientific value, in particular natural turbidity; (j) for significance in accordance with tikanga Maori, in particular sites at the mouth of the river.

High level of naturalness - free from significant interference by human practices above Beans Burn confluence to its source.

System of braided gravel river channels with delta, in main stem from Lake Wakatipu to confluence with Beans Burn. Route Burn Psize, Ppass, Outstanding: A high degree of Weedfree, (a) Natural and physical naturalness Hspawn, Hjuve, qualities and within Mount Hriparian, Eel, characteristics that Aspiring/Tititea Trout, Birddiv, contribute to people’s National Park. Birdrare appreciation of pleasantness of waters; (b) Natural and physical qualities and characteristics that contribute to aesthetic coherence; (c) Natural and physical qualities and characteristics that contribute to cultural attributes; (d) Natural and physical qualities and characteristics that contribute to recreational attributes; (e) Biological and genetic diversity of ecosystems;

Regional Plan: Water for Otago, updated to 1 October 2013 20-19

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

High level of naturalness - free from significant interference by human practices. Greenstone Psize, Ppass, Outstanding: A high degree of River, Weedfree, (a) Natural and physical naturalness Caples River Hspawn(t), qualities and within National Hjuve(t), characteristics that Park and DoC Hriparian, Eel, contribute to people’s estate. Trout, Birdrare appreciation of pleasantness of waters; (b) natural and physical qualities and characteristics that contribute to recreational attributes; (c) Essential characteristics that determine the ecosystem’s integrity, form, functioning and resilience.

High level of naturalness - free from significant interference by human practices. Lochy River Ppass, Outstanding: A high degree of Weedfree, (a) as a fishery; naturalness Hspawn, Hjuve, (b) for recreational above 900 Eel, Trout purposes, in particular metres asl. fishing.

Wild and scenic characteristics, in main stem from Lake Wakatipu to its source. Collins Hspawn(t), Creek Hjuve(t)

20-20 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

Water body Ecosystem Outstanding natural Significant Areas with a Values feature or landscape indigenous vegetation high degree of and significant naturalness habitat of indigenous fauna Streams Ppass, Outstanding: Significant habitat for A high degree of flowing to Weedfree, (a) as a fishery; roundhead galaxiid naturalness Lake Hspawn(t), (b) for recreational (Von catchment). above 900 Wakatipu Hjuve(t), purposes, in particular metres asl. between Hriparian, Eel, fishing. Halfway Trout, Rarefish Bay and Wild and scenic Elfin Bay, characteristics, in Von including main stem from Lake Von River Wakatipu to its source. Bullock Hspawn(t), Creek Hjuve(t), Trout Lake Psize, Psand, Scenic values within the Significant Wanaka Eel, Trout, wider landscape context of vegetation: Rare Salmon, Sigveg, the surrounding association of aquatic Rarefish, mountains, particularly the plants. Invrare unmodified lake level, water quality and colour of the water. Unnamed Weedfree, tributary of Invrare the Motatapu River at F40:825058 Unnamed Weedfree, tributary of Invrare the Motatapu River at F40:827055 Matukituki Psize, Ppass, System of braided gravel Significant habitat: A high degree of River Weedfree, river channels, in main Areas of importance naturalness Hspawn(t&s), stem from Lake Wanaka to to internationally within Mount Hjuve(t&s), its source. uncommon species - Aspiring/Tititea Hriparian, Eel, black fronted tern, National Park. Trout, Birddiv, wrybill, banded Birdrare, dotterel - in main Rarefish stem from Lake Wanaka to its source.

Significant habitat for koaro including many tributaries.

Regional Plan: Water for Otago, updated to 1 October 2013 20-21

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

Water body Ecosystem Outstanding natural Significant Areas with a Values feature or landscape indigenous vegetation high degree of and significant naturalness habitat of indigenous fauna Streams Ppass, Hspawn, A high degree of flowing off Hjuve, naturalness West Hriparian, within Mount Wanaka, Weedfree, Trout Aspiring/Tititea including National Park. Albert Burn A high degree of naturalness above 900 metres asl. Wilkin River Psize, Pgravel, High level of naturalness - Significant habitat: A high degree of Ppass, free from significant Presence of a naturalness Weedfree, interference by human breeding population within Mount Hspawn, Hjuve, practices above Kerin of threatened Aspiring/Tititea Hriparian, Forks to its source. endemic species - National Park. Trout, Eel, blue duck - above Birddiv, System of braided, gravel upper forks to source. Birdrare river channels, in main stem from confluence with Areas of importance Makarora River to Kerin to internationally Forks uncommon species - black fronted tern, wrybill, banded dotterel - in main stem from confluence with Makarora River to Kerin Forks. Young River Psize, Ppass, A high degree of Hriparian, naturalness Hspawn, Hjuve, within Mount Trout, Eel Aspiring/Tititea National Park. Makarora Psize, Ppass, System of braided, gravel Significant habitat: A high degree of River Pgravel, river channels with delta, Areas of importance naturalness Weedfree, in main stem between to internationally within Mount Hspawn, Hjuve, Lake Wanaka and uncommon species - Aspiring/Tititea Hriparian, Eel, confluence with Blue black fronted tern, National Park. Trout, Birddiv, River. wrybill, banded Birdrare dotterel - in main stem between Lake Wanaka and confluence with Blue River. Brady Creek Weedfree, Significant habitat for Rarefish koaro. Lake Hawea Psize, Psand, Scenic values within the Weedfree, wider landscape context of Hjuve(t&s), Eel, the surrounding Trout, Salmon mountains, particularly colour of the water.

20-22 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

Water body Ecosystem Outstanding natural Significant Areas with a Values feature or landscape indigenous vegetation high degree of and significant naturalness habitat of indigenous fauna Hunter River Psize, Pgravel, High level of naturalness - Significant habitat: A high degree of Ppass, free from significant Presence of a naturalness Weedfree, interference by human breeding population within Mount Hspawn(t), practices between Long of threatened Aspiring/Tititea Hjuve(t), Flat Creek confluence and endemic species - National Park. Hriparian, Eel, its source blue duck - between Trout, Birddiv, Long Flat Creek A high degree of Birdrare System of braided, gravel confluence and its naturalness river channels, in main source. Areas of above 900 stem from Lake Hawea to importance to metres asl. confluence with Long Flat internationally Creek. uncommon species - black fronted tern, wrybill, banded dotterel - from Lake Hawea to confluence with Long Flat Creek. Dingle Burn Ppass, A high degree of Weedfree, naturalness Hspawn, Hjuve, above 900 Hriparian, Eel, metres asl. Trout, Birdrare Timaru Ppass, Hspawn, A high degree of River Hjuve, naturalness Hriparian, above 900 Weedfree,Trout. metres asl. Invrare between G39:308280 and G39:313294 (incl tributaries) Hawea River Psize, Weedfree, Hspawn, Hjuve, Trout, Salmon, Eel Shotover Pgravel, Outstanding: Lochnagar and Lake A high degree of River Pboulder, (a) for its wild and scenic Creek, outstanding: naturalness Psand, Prock, characteristics; (a) Essential above 900 Psize, (b) for its natural characteristics metres asl. Weedfree, characteristics, in that determine the Hriparian, particular the high ecosystem’s Birddiv, natural sediment load integrity, form, Birdrare and active delta at functioning and confluence with resilience. Kawarau River; (c) scientific value, in Significant habitat: particular the high Areas of importance natural sediment load to internationally and active delta at uncommon species - confluence with black fronted tern, Kawarau River; banded dotterel - in (d) for recreational main stem between purposes, in particular

Regional Plan: Water for Otago, updated to 1 October 2013 20-23

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

Spectacular and rugged river gorge, schistose landscape, fast flowing white water and rapids, old gold sluicing landscape, in main stem between confluence with Iron Stone Stream and Arthur Point.

Wild and scenic characteristics, from confluence with Iron Stone Stream to its source. Carmichaels Weedfree, Significant habitat for Creek Rarefish koaro. Deep Creek Weedfree, Significant habitat for Rarefish koaro. Skippers Weedfree, Significant habitat for Creek Rarefish koaro. Mill Creek Pgravel, Psand, Significant habitat for A high degree of Hspawn, Hjuve, roundhead galaxiid. naturalness Weedfree, above 900 Rarefish metres asl. Arrow River Psize, Psand, A high degree of Pgravel, Ppass, naturalness Hspawn, Hjuve, above 900 Weedfree, Trout metres asl. Roaring Pboulder, A high degree of Meg Weedfree, naturalness Hriparian. above 900 Invrare metres asl. upstream of F41:026844 Nevis River Psize, Ppass, Main stem gorge from A high degree of Prock, Pgravel, Nevis Crossing to naturalness Psand, Hspawn,, Kawarau River above 900 Hjuve, confluence: metres asl. Weedfree, Eel, Outstanding Trout, Birddiv, (a) for its wild, Birdrare. Invdiv characteristics; above Nevis (b) for recreational Crossing. purposes, in particular fishing and kayaking.

Main stem above Nevis Crossing to source:

20-24 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

High level of naturalness above Nevis Crossing to its source.

Spectacular river gorge, white water and rapids, in main stem from Nevis Crossing to confluence with Kawarau River. Unnamed Hriparian, Significant habitat tributary of Weedfree, for roundhead the Nevis Rarefish galaxiid. River at F43:820261 Sproules Weedfree, Significant habitat Creek Rarefish for koaro. Schoolhouse Weedfree. Creek Invrare upstream of F42:870478 Unnamed Weedfree, Significant habitat tributary of Rarefish for roundhead the Nevis galaxiid River at F42:921450 Unnamed Weedfree. tributary of Invrare the Nevis upstream of River at F42:003487 F42:951492 Unnamed Weedfree, Significant habitat tributary of Rarefish for roundhead the Nevis galaxiid. River at F42:954541 Nevis Burn Weedfree. Invrare upstream of F42:870524

Regional Plan: Water for Otago, updated to 1 October 2013 20-25

S CHEDULE 1 A : N ATURAL V ALUES

Lakes subregion

Water body Ecosystem Outstanding natural Significant Areas with a Values feature or landscape indigenous vegetation high degree of and significant naturalness habitat of indigenous fauna Unnamed Weedfree, Significant habitat tributary of Rarefish for roundhead the Nevis galaxiid. River at F42:959529 Doolans Weedfree. Creek Left Invrare Branch upstream of F42:860561 Rastus Burn Pboulder, A high degree of Weedfree, naturalness Hspawn, above 900 Hriparian, metres asl Invrare upstream of F41:806641

20-26 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Roxburgh subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural indigenous vegetation degree of naturalness feature or and significant landscape habitat of indigenous fauna Clutha Psize, Psand, Pgravel, Significant habitat for River/Mata- Prock, Hjuve, Eel, Trout, lamprey (uncommon Au between Salmon, Birddiv. in Otago). Alexandra and Hspawn(s) below Island Block Roxburgh dam, Sigveg below Roxburgh dam Obelisk Creek Weedfree. Invrare upstream of G42:175339 Elbow Creek Weedfree, Rarefish Significant habitat for koaro. Coal Creek Weedfree. Invrare upstream of G42:170321 Teviot River Pboulder, Weedfree, Willowfree (in upper reaches), Hjuve(t&s), Hspawn(t&s), Hriparian, Trout Lake Onslow Hriparian, Hjuve(t), Hspawn(t), Trout Unnamed Weedfree, Rarefish Significant habitat for tributary of roundhead galaxiid. Lake Onslow at G43:458137 Black Jacks Weedfree. Invrare Creek upstream of G43:210086 Benger Burn Pboulder, Weedfree, Significant habitat for A high degree of Hspawn(t&s), Hriparian, koaro. naturalness above 900 Rarefish metres asl. Tima Burn Weedfree, Rarefish Significant habitat for koaro. Streams Pboulder, Hspawn(t), A high degree of flowing from Weedfree, Hriparian naturalness above 900 Old Man metres asl. Range /Kopuwai

Regional Plan: Water for Otago, updated to 1 October 2013 20-27

S CHEDULE 1 A : N ATURAL V ALUES

Strath Taieri subregion

Water body Ecosystem Values Outstanding Significant indigenous Areas with a high natural feature vegetation and degree of or landscape significant habitat of naturalness indigenous fauna Taieri River Psize, Ppass, Significant habitat for between Tiroiti Psand, Pgravel, flathead galaxiid and Pukerangi Weedfree, (including many Hspawn(t), Hjuve, tributaries). Significant Hriparian, Eel, habitat for lamprey Salmon, Rarefish, (uncommon in Otago) Fishdiv, Trout Significant habitat for Lower Taieri galaxiid and koaro in many tributaries below Middlemarch. Prices Creek Weedfree, Rarefish Significant habitat for roundhead galaxiid. Lug Creek Pboulder, A high degree of Hriparian, Eel, naturalness above Weedfree. Invrare 900 metres asl. upstream of H43:862280 Cap Burn, Mare Hriparian, Burn, Scrub Hspawn(t), Burn and Six Hjuve(t) Mile (upper) Annetts Creek, Hriparian, Heeney Creek Hspawn(t), and House Hjuve(t) Creek Six Mile Creek Pgravel, Prock, (lower) Weedfree, Eel, Hriparian, Hspawn(t), Hjuve(t). Invrare upstream of H43:853243 Last Creek, Pgravel, Hriparian, Nant Creek, Hspawn(t), Dewar Creek Hjuve(t) and Kirkland Creek Nenthorn Weedfree, Significant habitat for Stream Hspawn(t), flathead galaxiid. Hjuve(t), Hriparian, Eel, Trout, Rarefish Black Rock Weedfree, Rarefish Significant habitat for Stream flathead galaxiid. Manuka Stream Weedfree, Rarefish Significant habitat for flathead galaxiid. Washpool Weedfree, Rarefish Significant habitat for Stream flathead galaxiid. Deighton Creek Weedfree, Rarefish Significant habitat for flathead galaxiid.

20-28 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Strath Taieri subregion

Water body Ecosystem Values Outstanding Significant indigenous Areas with a high natural feature vegetation and degree of or landscape significant habitat of naturalness indigenous fauna Spratts Creek Weedfree, Rarefish Significant habitat for roundhead galaxiid. Sutton Stream Pboulder, A high degree of Weedfree, naturalness above Hspawn(t), 900 metres asl. Hriparian, Hjuve, Trout, Eel Burgan Stream Weedfree, Significant habitat for Exoticfree, Lower Taieri galaxiid. Rarefish Stony Creek Weedfree, Significant habitat for Rarefish. Invrare Lower Taieri galaxiid. upstream of H44:603910 Salt Lake (near Weedfree A rare example Sutton) of a natural salt lake. March Creek Pboulder, Pgravel, A high degree of Psand, Psilt, naturalness above Weedfree 900 metres asl.

Regional Plan: Water for Otago, updated to 1 October 2013 20-29

S CHEDULE 1 A : N ATURAL V ALUES

Waikouaiti/Lammermoor subregion

Water body Ecosystem Values Outstanding Significant indigenous Areas with a natural feature vegetation and high degree of or landscape significant habitat of naturalness indigenous fauna Waikouaiti Psize, Ppass, Psand, Significant habitat for River Pgravel, Weedfree, flathead galaxiid, hybrid (excluding Hspawn (t) (& inanga galaxiid, banded kokopu South spawning between and koaro. Branch) I43:240084 and I43:266087), Hjuve, Eel, Trout, Rarefish. Invrare between I43:183242 and I43:093297, and including tributaries between I43:148264 and I43:093297 Unnamed Weedfree, Rarefish Significant habitat for tributary of flathead galaxiid. the Waikouaiti River at I43:097281 Back Creek Weedfree, Rarefish Significant habitat for flathead galaxiid. Waikouaiti Weedfree, Ppass, Significant habitat for A high degree River South Hspawn(t), Hjuve, koaro. of naturalness Branch Hriparian, Trout, within Scenic Rarefish, Fishdiv Reserve. Unnamed Weedfree, Fishdiv, Significant habitat for tributary of Rarefish lamprey (uncommon in the Otago). Waikouaiti River a.k.a. Merton Stream at I43:244065 Toll Bar Weedfree, Rarefish Significant habitat for Creek koaro. Flat Stream Weedfree. Invrare in lower reaches Taieri River Psize, Ppass, Pgravel, Well defined, Significant habitat for between Psand, Prock, deep gorge Lower Taieri galaxiid Pukerangi Weedfree, Hspawn, (Taieri Gorge) (tributaries). and Outram Hjuve, Hriparian, Trout, cut into distinct Salmon, Eel, Fishdiv, rocky scarp, Significant habitat for Rarefish schistose lamprey (uncommon in landscape, in Otago). main stem between confluence with Ross Stream and Outram. Traquair Burn Weedfree, Eel, Fishdiv Smugglers Weedfree, Rarefish Significant habitat (and Creek type locality) for Lower Taieri galaxiid.

20-30 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Waikouaiti/Lammermoor subregion

Water body Ecosystem Values Outstanding Significant indigenous Areas with a natural feature vegetation and high degree of or landscape significant habitat of naturalness indigenous fauna Deep Stream Pgravel, Psize in lower Significant habitat for A high degree reaches. Weedfree, Lower Taieri galaxiid. of naturalness Hspawn(t), Hjuve(t), above 900 Hriparian, Rarefish, metres asl. Eel, Trout. Invrare upstream of H44:605910 Clarkes Weedfree, Rarefish Significant habitat for Stream Lower Taieri galaxiid at H44:682930. Unnamed Weedfree, Rarefish Significant habitat for tributary of Lower Taieri galaxiid. Deep Stream at H44:660958 Unnamed Weedfree, Rarefish Significant habitat for tributary of Lower Taieri galaxiid. Deep Stream at H44:678947 Barbours Weedfree, Rarefish Significant habitat for Stream Lower Taieri galaxiid. Deep Creek Pgravel, Weedfree, A high degree Hspawn(t), Hjuve, of naturalness Hriparian, Trout. above 900 Invrare upstream of metres asl. H44:623987 Three Ppass, Weedfree, Significant habitat for O’clock Hspawn(t), Hjuve, flathead galaxiid and Stream Hriparian, Willowfree, koaro. Trout, Rarefish, Fishdiv Christmas Ppass, Pboulder, A high degree Creek Weedfree, Hspawn(t), of naturalness Hjuve(t), Hriparian, within Scenic Willowfree Reserve. Lee Stream Psize, Ppass, Pgravel, Significant habitat for Psand, Weedfree, Lower Taieri galaxiid. Hspawn(t), Hjuve, Hriparian, Rarefish, Eel, Trout. Invrare upstream of I44:952867, and including tributaries upstream of I44:916868 Black Rock Weedfree, Eel, Rarefish Significant habitat for Stream Lower Taieri galaxiid. Broad Stream Weedfree, Eel, Rarefish Significant habitat for koaro. Canton Creek Weedfree, Rarefish, Significant habitat for Fishdiv Lower Taieri galaxiid.

Regional Plan: Water for Otago, updated to 1 October 2013 20-31

S CHEDULE 1 A : N ATURAL V ALUES

Waikouaiti/Lammermoor subregion

Water body Ecosystem Values Outstanding Significant indigenous Areas with a natural feature vegetation and high degree of or landscape significant habitat of naturalness indigenous fauna Big Stream Ppass, Pboulder, A high degree Hspawn(t), Hjuve(t), of naturalness Willowfree, Weedfree, within Scenic Eel, Rarefish, Trout Reserve.

20-32 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Coastal subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural indigenous vegetation degree of feature or and significant naturalness landscape habitat of indigenous fauna Careys Creek Pgravel, Weedfree, Significant habitat for Hspawn(t), Hjuve(t), koaro and banded Rarefish, Fishdiv, kokopu. Significant Invdiv (upper reaches) habitat for lamprey (uncommon in Otago). Waitati River Ppass, but major Significant habitat for A high degree of abstractions can result koaro. Significant naturalness within in very low flows in habitat for lamprey Silverpeaks Scenic lower stretches. (uncommon in Reserve. Pgravel, Weedfree, Otago). Hspawn (t) (&inanga spawning below I44:205925), Hjuve(t). Hriparian in headwaters. Trout, Rarefish, Invdiv (upper reaches) Fergusons Weedfree. Invrare Creek above I44:170896 Wetherstons Weedfree Creek Orokonui Weedfree, Hspawn(t), Significant habitat for Creek Hjuve(t), Rarefish, giant kokopu, koaro Fishdiv and banded kokopu. Significant habitat for lamprey (uncommon in Otago). Foote Stream Weedfree, Rarefish Significant habitat for and Mihiwaka koaro and banded Stream kokopu. Water of Leith Pgravel, Weedfree, Significant habitat for Hspawn(t&s), giant kokopu and Hjuve(t&s), Hriparian banded kokopu. Rarefish, Salmon, Trout Streams Weedfree, Hspawn, Significant habitat for entering Otago Rarefish, Fishdiv, koaro and banded Harbour Exoticfree kokopu. (except Water of Leith) Unnamed Weedfree, Rarefish Significant habitat for tributary of koaro and banded Otago kokopu. Harbour a.k.a. Deborah Bay Stream at I44:252876

Regional Plan: Water for Otago, updated to 1 October 2013 20-33

S CHEDULE 1 A : N ATURAL V ALUES

Coastal subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural indigenous vegetation degree of feature or and significant naturalness landscape habitat of indigenous fauna Unnamed Weedfree, Rarefish Significant habitat for tributary of banded kokopu. Latham Bay a.k.a. Latham Bay Stream at I44:280824 Unnamed Weedfree, Rarefish Significant habitat for tributary of banded kokopu. Otago Harbour a.k.a. Macandrew Bay Stream at I44:233793 Unnamed Weedfree, Rarefish Significant habitat for tributary of banded kokopu. Otago Harbour a.k.a. Otakou Stream at J44:318869 Unnamed Weedfree, Hspawn, tributary of Invrare Papanui Inlet at J44:332820 Unnamed Weedfree, Hspawn, tributary of the Invrare Pacific Ocean at J44:345808 (Papanui Beach) Robertsons Weedfree, Hspawn, Creek Invrare Unnamed Weedfree, Rarefish Significant habitat for pond, Jones banded kokopu. Creek at I44:115734 Unnamed Weedfree, Hspawn, tributary of the Fishdiv Pacific Ocean at I44:241763 (Boulder Beach) Tomahawk Psilt, Weedfree, Lagoon Hriparian, Trout, Eel, Invrare Otokia Creek Weedfree, Ppass, Significant habitat for Hspawn, Hjuve, banded kokopu. Rarefish Fern Stream Ppass, Weedfree, Significant habitat for Hspawn, Hjuve, banded kokopu. Hriparian, Fishdiv, Rarefish, Birddiv

20-34 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Coastal subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural indigenous vegetation degree of feature or and significant naturalness landscape habitat of indigenous fauna Flax Stream Ppass, Weedfree, Significant habitat for Hspawn, Hjuve, banded kokopu. Hriparian, Exoticfree, Fishdiv, Rarefish, Birddiv Unnamed Ppass, Psilt, Weedfree, Significant habitat for tributary of the Hspawn, Hjuve, giant kokopu and Taieri River Hriparian, Birddiv, Eel, banded kokopu. a.k.a. Rarefish Takitakitoa Stream Taieri River Psize, Ppass, Psilt, Lower Taieri Significant habitat for between Psand, Weedfree, Gorge giant kokopu and Henley and Hspawn, Hjuve, banded kokopu. the sea Hriparian, Rarefish, Fishdiv, Trout, Salmon, Eel, Gbird Akatore Creek Hspawn(t), Hjuve(t), Significant habitat for Hriparian, Weedfree, koaro and banded Eel, Trout, Fishdiv, kokopu. Rarefish. Exoticfree upstream of H45:878565 Bull Creek Hspawn, Hjuve, Significant habitat for Hriparian, Weedfree, koaro. Fishdiv, Rarefish Big Creek Hspawn, Hjuve, Significant habitat for Hriparian, Weedfree, koaro. Fishdiv, Rarefish Lower Psand, Psilt, Pgravel Tokomairiro Pplant, Psize, Ppass, River main Hspawn(t), Hriparian, stem Hjuve(t), Eel, Trout, Fishdiv Wangaloa Ppass, Weedfree, Creek Hspawn, Hjuve, Hriparian, Exoticfree, Birddiv Unnamed Ppass, Weedfree, Significant habitat for tributary of the Hspawn, Hjuve, banded kokopu. Pacific Ocean Hriparian, Exoticfree, a.k.a. Rarefish, Birddiv Turnbulls Creek at H46:787366

Regional Plan: Water for Otago, updated to 1 October 2013 20-35

S CHEDULE 1 A : N ATURAL V ALUES

Taieri/Clutha Plains subregion

Water body Ecosystem Values Outstanding Significant indigenous Areas with a high natural vegetation and degree of feature or significant habitat of naturalness landscape indigenous fauna Taieri River Psize, Psilt, Ppass, between Outram Pgravel, Psand, and Henley Weedfree, Hjuve, Trout, Salmon, Eel, Birddiv, Fishdiv, Rarefish, Gbird Lakes Psize, Ppass, Psilt, Significant habitat: Waipori/Waihola Weedfree, Hspawn, Presence of variety of Hjuve, Hriparian, waterfowl and native Eel, Trout, Fishdiv, fish, including a Birddiv, Birdrare, breeding population of Rarefish fernbird and giant kokopu. Mary Hill Creek Weedfree, Rarefish, Significant habitat for Fishdiv giant kokopu. Lee Creek Ppass, Weedfree, Hspawn(t), Hjuve(t), Eel. Hriparian and Invrare above H44:898800 Contour Channel Ppass, Weedfree, A high degree of and other West Hspawn(t), Hjuve(t), naturalness above Taieri hill streams Eel. Hriparian in 900 metres asl upper stretches Mill Creek Weedfree, Eel, Significant habitat for Rarefish koaro. Meggat Burn Hspawn(t), Hjuve(t), Significant habitat for Hriparian, Weedfree, banded kokopu. Eel, Rarefish. Invrare upstream of H45:743693 Waipori River Ppass in lower Significant habitat for A high degree of stretches. Hspawn(t), koaro upstream of dam. naturalness above Hjuve(t), Hriparian, 900 metres asl and Weedfree, Fishdiv, within Scenic Eel, Rarefish, Trout Reserve. Shepherd Stream Weedfree, Rarefish Significant habitat for Lower Taieri galaxiid. Tributaries of Weedfree, Rarefish Significant habitat for Waipori River dusky galaxiid and koaro. Munro’s Dam Stream type locality for dusky galaxiid. Lake Mahinerangi Weedfree, Hriparian, Significant habitat for Trout, Rarefish koaro. Unnamed Weedfree, Rarefish Significant habitat for tributaries of Lake koaro. Mahinerangi at H44:709803, H44:714801, and H44:724797

20-36 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Taieri/Clutha Plains subregion

Water body Ecosystem Values Outstanding Significant indigenous Areas with a high natural vegetation and degree of feature or significant habitat of naturalness landscape indigenous fauna Lammerlaw Hspawn(t), Hjuve(t), Significant habitat for Stream Hriparian, Weedfree, koaro. Rarefish North West Hspawn(t), Hjuve(t), Significant habitat for Stream Hriparian, Weedfree, koaro. Rarefish Nardoo Stream Hspawn(t), Hjuve(t), Significant habitat for Hriparian, Weedfree, koaro. Rarefish Unnamed Weedfree, Rarefish Significant habitat for tributary of Lake Lower Taieri galaxiid. Mahinerangi at H44:705754 Unnamed Weedfree, Rarefish Significant habitat for tributary of Lake Lower Taieri galaxiid. Mahinerangi at H44:720766 Unnamed Weedfree, Rarefish Significant habitat for tributary of Lower Taieri galaxiid. Pioneer Stream at H44:703752 Boundary Creek Hriparian, Hspawn, Hjuve Unnamed Weedfree, Rarefish Significant habitat for tributaries of Lake Lower Taieri galaxiid. Mahinerangi at H44:775772, H44:778770, and H44:775770 Verter Burn Hspawn(t), Hjuve(t), Significant habitat for Hriparian, Weedfree, koaro. Rarefish Post Office Creek Hspawn(t), Hjuve(t), Significant habitat for Hriparian, Weedfree, Lower Taieri galaxiid. Rarefish, Fishdiv Silver Stream Pgravel, Weedfree, Significant habitat for A high degree of Trout, Eel. koaro upstream of naturalness above Hspawn(t), Hjuve(t), I44:114899 and 900 metres asl and Invdiv (midreaches), including several within Scenic Hriparian in upper tributaries. Reserve and water catchment. Invrare Significant habitat for reserve. upstream of lamprey (uncommon in I44:144849. Rarefish Otago). Whare Creek Weedfree, Eel, Significant habitat for Rarefish Lower Taieri galaxiid. Upper Psize, Ppass, Pgravel, Significant habitat for Tokomairiro Hspawn(t), Hjuve(t), fernbird. River main stem Trout, Eel, Rarefish. Significant habitat for (including East Hriparian in upper Lower Taieri galaxiid and West catchment in tributaries. Branches) Significant habitat for lamprey (in East and West Branches).

Regional Plan: Water for Otago, updated to 1 October 2013 20-37

S CHEDULE 1 A : N ATURAL V ALUES

Taieri/Clutha Plains subregion

Water body Ecosystem Values Outstanding Significant indigenous Areas with a high natural vegetation and degree of feature or significant habitat of naturalness landscape indigenous fauna Unnamed Weedfree, Rarefish Significant habitat for tributary of Lower Taieri galaxiid. Fishers Stream at H45:706645 Unnamed Weedfree, Rarefish Significant habitat for tributary of the Lower Taieri galaxiid. Tokomairiro River West Branch at H45:693655 Unnamed Weedfree, Rarefish Significant habitat for tributary of the roundhead galaxiid. Tokomairiro River West Branch a.k.a. Nuggety Gully Lovells Stream Ppass, Hspawn(t), Hjuve(t), Trout, Eel Lake Tuakitoto Ppass, Psilt, Psand, Significant habitat for Pplant, Psize, giant kokopu. Also a Weedfree, Hspawn, breeding population of Hjuve(t), Hriparian, fernbird. Trout, Eel, Birddiv, Birdrare, Rarefish, Fishdiv Lake Kaitangata Weedfree, Eel, Significant habitat for (and Lake Rarefish, Fishdiv giant kokopu. Kaitangata/Lake Tuakitoto Drainage) Saddle Stream Weedfree, Eel, Significant habitat for Rarefish, Fishdiv giant kokopu. McCrosties Drain Weedfree, Eel, Significant habitat for Rarefish, Fishdiv giant kokopu. Clutha River Psize, Ppass, Psand, /Mata-Au between Pgravel, Hspawn(s), Balclutha and the Hjuve(t&s), Trout, sea Eel, Salmon, Fishdiv, Rarefish, Gbird Puerua River Ppass, Psilt, Significant habitat for Weedfree, Rarefish, giant kokopu (Puerua Fishdiv, Hriparian, River deviation) Hspawn(t), Hjuve(t), Eel Glenomaru Weedfree, Hriparian, Stream Hspawn(t), Hjuve(t). Invdiv in mid reaches

20-38 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Southwest Otago subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural feature indigenous degree of or landscape vegetation and naturalness significant habitat of indigenous fauna Pomahaka Psize, Ppass, Pgravel, River Psand, Prock, Weedfree, Hspawn(t&s), Hjuve(t&s), Hriparian, Rtrout, Eel, Fishdiv, Invdiv. Invrare between G45416466 and confluence with Clutha River/Mata-Au, Gbird Timber Ppass, Weedfree, Creek Hspawn(t&s), Hjuve(t&s), Trout. Invrare upstream of G43:173032 Unnamed Weedfree. Invrare tributary of upstream of Flodden G45:216674 Creek a.k.a. Whisky Gully Rankle Burn Weedfree. Invrare upstream of G45:274640 Back Stream Weedfree, Invdiv West Branch Bullock Weedfree. Invrare Creek upstream of G43:170093 Waiwera Pgravel, Ppass, Significant habitat River Weedfree, for roundhead Hspawn(t&s), galaxiid. Hriparian, Hjuve(t&s), Trout, Eel, Rarefish, Invdiv Kaihiku Pgravel, Hspawn(t), Stream Hjuve(t), Eel, Trout, Invdiv (mid reaches) Clutha River Psize, Ppass, Psand, Beaumont and Significant habitat: /Mata-Au Pgravel, Hspawn(t&s), Rongahere Remnant indigenous between Hjuve, Eel, Trout, Gorge. ecosystem at Birch Island Block Salmon, Sigveg, Island. and Birddiv, Rarefish, Balclutha Fishdiv, Gbird between Significant Balclutha and Tuapeka vegetation: Rare River mouth association of aquatic plants above confluence with Tuapeka.

Regional Plan: Water for Otago, updated to 1 October 2013 20-39

S CHEDULE 1 A : N ATURAL V ALUES

Southwest Otago subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural feature indigenous degree of or landscape vegetation and naturalness significant habitat of indigenous fauna Unnamed Rarefish Significant habitat tributary of for koaro. the Clutha River/Mata- Au a.k.a. Raes Junction Stream Canadian Rarefish Significant habitat Creek for koaro. Significant habitat for lamprey (uncommon in Otago). Unnamed Weedfree, Rarefish Significant habitat tributary of for roundhead the Tuapeka galaxiid. River a.k.a. Konini Creek Waitahuna Ppass, Weedfree, Significant habitat River Hspawn(t&s), for Waitahuna dusky Hjuve(t&s), Rarefish, galaxiid (in Eel, Trout. Invrare headwaters and upstream of upper tributaries), H44:653760 and flathead galaxiid. Tuapeka Pgravel, Psize, Ppass, River Weedfree, Hspawn(t&s), Hjuve(t&s), Eel, Trout. Invdiv in upper reaches Unnamed Weedfree, Rarefish Significant habitat tributaries of for flathead galaxiid the Tuapeka and dusky galaxiid. River upstream of G45:472668 Wetherston Weedfree, Rarefish Significant habitat Creek for roundhead galaxiid. Corkscrew Weedfree, Rarefish Significant habitat Road Stream for roundhead galaxiid. Blackcleugh Weedfree. Invrare Burn upstream of G45:340676 Kuriwao Ppass, Hspawn(t), Stream Hjuve(t), Trout, Eel

20-40 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Southwest Otago subregion

Water body Ecosystem Values Outstanding Significant Areas with a high natural feature indigenous degree of or landscape vegetation and naturalness significant habitat of indigenous fauna Mokoreta Ppass, Hspawn(t), River (upper Hjuve(t), Trout, Eel stretches, within Otago region) Waipahi Pplant, Pgravel, Psize, River (lower Ppass, Weedfree, stretches, Hspawn(t&s), within Otago Hjuve(t&s), Rtrout, Eel region)

Regional Plan: Water for Otago, updated to 1 October 2013 20-41

S CHEDULE 1 A : N ATURAL V ALUES

Catlins subregion

Water body Ecosystem Values Outstanding Significant indigenous Areas with a high natural feature vegetation and degree of naturalness or landscape significant habitat of indigenous fauna Catchments Weedfree, Ppass, A high degree of between Hspawn, Hjuve, naturalness within Fleming Hriparian, Fishdiv, bushed catchments. River and Birddiv Longbeach Creek (excl Tautuku River) Tautuku Psize, Ppass, Scenic values A high degree of River Weedfree, Hspawn, with silver naturalness within Hjuve, Hriparian, beech margins, bushed catchments. Fishdiv, Birddiv, Eel from its mouth to its source. Tautuku Bay Weedfree, Rarefish Significant habitat for Stream banded kokopu. Tahakopa Pgravel, Psize, Significant habitat for A high degree of River Weedfree, Rarefish, flathead galaxiid. naturalness within Ppass, Hspawn(t), Significant habitat for bushed catchments. Hjuve(t), Hriparian, lamprey (uncommon in Trout, Eel, Fishdiv, Otago). Birddiv Jumbo Creek Rarefish Significant habitat for koaro and banded kokopu. Gorge Creek Rarefish Significant habitat for flathead galaxiid. Unnamed Weedfree, Rarefish Significant habitat for tributary of flathead galaxiid. the Tahakopa River at G47:268063 Maclennan Psize, Weedfree, Scenic values Significant habitat for A high degree of River Ppass, Hspawn(t), with silver koaro. Significant naturalness within Hjuve(t), Hriparian, beech margins, habitat for lamprey bushed catchments. Trout, Eel, Fishdiv, from confluence (uncommon in Otago). Birddiv, Rarefish with Tahakopa River to its source. Waitangi Weedfree, Rarefish Significant habitat for Stream koaro. Matai Stream Weedfree, Rarefish, Significant habitat for Fishdiv roundhead galaxiid and banded kokopu. Catlins River Psize, Pgravel, Ppass, Scenic values Significant habitat for A high degree of Weedfree, Hspawn(t), with silver giant kokopu, banded naturalness within Hjuve(t), Hriparian, beech margins, kokopu and roundhead bushed catchments. Trout, Eel, Rarefish, from its mouth galaxiid. Significant Fishdiv, Invdiv to its source. habitat for lamprey (uncommon in Otago). Purakaunui Pboulder, Ppass Purakaunui A high degree of River (below Falls), Falls. naturalness within Weedfree, Eel bush, apart from viewing structures.

20-42 Regional Plan: Water for Otago, updated to 1 October 2013

S CHEDULE 1 A : N ATURAL V ALUES

Catlins subregion

Water body Ecosystem Values Outstanding Significant indigenous Areas with a high natural feature vegetation and degree of naturalness or landscape significant habitat of indigenous fauna Frank Stream Weedfree, Rarefish Significant habitat for roundhead galaxiid. Wallis Stream Weedfree, Rarefish Significant habitat for roundhead galaxiid. Craggy Tor Weedfree, Rarefish Significant habitat for Stream roundhead galaxiid. Daphne Weedfree, Rarefish Significant habitat for Brook flathead galaxiid. Tarwood Weedfree Significant habitat for Stream roundhead galaxiid. Papatupu Weedfree, Rarefish Significant habitat for Stream roundhead galaxiid. Unnamed Weedfree, Rarefish Significant habitat for tributary of roundhead galaxiid. the Catlins River at G46:274228 McLaren Weedfree, Rarefish, Significant habitat for Creek Fishdiv giant kokopu, koaro, roundhead galaxiid and banded kokopu. Owaka River Psize, Pgravel, Ppass, A high degree of Weedfree, Hriparian, naturalness within Hspawn(t), Hjuve(t), bushed catchments. Fishdiv, Trout, Eel. Invdiv in upper reaches Unnamed Weedfree, Rarefish, Significant habitat for tributary of Fishdiv giant kokopu. the Owaka River at H46:504119 Waipati Hspawn(t), Hjuve(t), (Chaslands) Trout, Eel River

Regional Plan: Water for Otago, updated to 1 October 2013 20-43

S CHEDULE 1 A : N ATURAL V ALUES

20-44 Regional Plan: Water for Otago, updated to 1 March 2012

S CHEDULE 1 A : N ATURAL V ALUES

Sources for information contained in Schedule 1A The outstanding natural features and landscapes, areas of significant indigenous vegetation and significant habitats of indigenous fauna identified in this schedule are derived from the following publications:

Allibone, R.M. (1997) Freshwater Fish of the Otago Region. Department of Conservation. Otago Conservancy Miscellaneous Report Series No. 36. (includes NIWA Freshwater Fish database for Otago rivers).

Biggs, BJ and Shand, BI (1985) Biological Communities and the Potential Effects of Power Developments in the Lower Clutha River - Otago. Report no. WS987, Ministry of Works and Development.

Clayton, J. (1993) Resource Evaluation and Operational Programme For Lakeweed: The Upper Clutha and Kawarau Catchment Areas. Prepared by NIWA Ecosystems for the Otago Regional Council.

Department of Conservation: Special Sites of Wildlife Interest.

Grindell, D.S. and P.A. Guest (eds) (1986) A list of Rivers and Lakes Deserving Inclusion in a Schedule of Protected Waters. Water and Soil Miscellaneous Publication, No. 97. National Water and Soil Conservation Authority, Wellington.

Grindell, D.S. (1984) A National Inventory of Wild and Scenic Rivers. Water and Soil Miscellaneous Publication, No. 68. National Water and Soil Conservation Authority, Wellington.

Kenny, J.A. and B.W. Hayward (eds) (1993) Inventory of Important Geological Sites and Landforms in the Otago region. Geological Society of New Zealand Miscellaneous Publication No. 77. Geological Society of New Zealand, Lower Hutt.

Lake Wanaka Preservation Act 1973.

Local Water Conservation (Lake Tuakitoto) Notice 1991.

Ministry for the Environment (1997) Water Conservation (Kawarau) Order 1997.

Water and Soil Conservation Authority (1982) A Draft for a National Inventory of Wild and Scenic Rivers. Part 1 - Nationally Important Rivers. Water and

Regional Plan: Water for Otago, updated to 1 March 2012 20-45

S CHEDULE 1 A : N ATURAL V ALUES

Soil Miscellaneous Publication, No. 97. National Water and Soil Conservation Authority, Wellington.

20-46 Regional Plan: Water for Otago, updated to 1 March 2012

S CHEDULE 1 AA: O TAGO R ESIDENT N ATIVE F RESHWATER F ISH T HREAT S TATUS

1AA Schedule of Otago Resident Native Freshwater Fish - Threat Status

Common name Scientific name Threat Status

Lowland longjaw galaxias Galaxias cobitinis Nationally Critical* Canterbury mudfish Neochanna burrowsius Nationally Critical (Köwaro) Teviot flathead galaxias Galaxias 'Teviot' Nationally Critical* Dusky galaxias Galaxias pullus Nationally Endangered* Galaxias aff. Alpine galaxias paucispondylus Nationally Endangered* 'Manuherikia' Eldon’s galaxias Galaxias eldoni Nationally Endangered* Central Otago roundhead Galaxias anomalus Nationally Vulnerable* galaxias Clutha flathead galaxias Galaxias sp. D. Nationally Vulnerable* Galaxias aff. Smeagol galaxias Nationally Vulnerable* gollumoiodes 'Nevis' Longfin eel (tuna) Anguilla dieffenbachii Declining Giant kokopu (Taiwharu) Galaxias argenteus Declining Galaxias gollumoides Galaxias gollumoides Declining Lamprey (kanakana) Geotria australis Declining Torrentfish (Piripiripöhatu) Cheimarrichthys fosteri Declining Koaro Galaxias brevipinnis Declining Inanga (inaka) Galaxias maculatus Declining Bluegill bully Gobiomorphus hubbsi Declining Redfin bully Gobiomorphus huttoni Declining

*NB: Fish marked with an * are only found in the Otago Region.

Regional Plan: Water for Otago, updated to 1 March 2012 20-47

S CHEDULE 1 B : W ATER S UPPLY V ALUES

1B Schedule of water supply values This schedule identifies existing water takes from lakes and rivers, where the water taken is used for public water supply purposes. The communities identified in the schedule have come to rely upon these water supplies to provide for their social, economic and cultural well being. Rule 12.1.3.1 provides for replacement consents for these takes as a controlled activity, to provide certainty for these communities. The water takes are identified by geographic subregion and by individual water bodies within each subregion (see Maps A1–A8 for subregions and site locations).

Water is also taken for private water supply throughout Otago, particularly for domestic supply to dwellings such as farm homesteads and associated buildings, usually without treatment. It is also consumed without treatment by musterers, anglers, trampers, cyclists, hunters and other backcountry users. Areas with a high degree of naturalness, identified in Schedule 1A, will often contain water bodies with relatively pristine water quality. Those that utilise the water without treating it take the risk that it may contain giardia or other pathogenic (disease causing) organisms.

North Otago subregion

Water body or Catchment Site Water Supply Values No. Kakanui River (note, the 1 Windsor and Dunrobin Water Supplies at J41:325737 shallow aquifer forms an 2 Weston and Enfield Water Supplies at J41:381667 integral part of the water 3 Reidston Water Supply at J42:405595 body) 4 Kakanui Water Supply at J42:430581 Kauru River 5 Kauru Hill Water Supply at J41:314637 Kurinui Creek a.k.a. Big Kuri 6 Hampden-Moeraki Water Supply at J42:364413 Creek Shag River (Waihemo) (note, 7 Dunback Water Supply at I43:274279 the shallow aquifer forms an 8 Palmerston (including Blue Mountain) Water Supply integral part of the water at J43:317237 body) 9 Goodwood Water Supply at J43:343234 Waianakarua River 10 Herbert-Waianakarua Water Supply at J42:339507

Maniototo subregion

Water body or Catchment Site Water Supply Values No. Sow Burn 11 Patearoa Water Supply at H42:786435 Ewe Burn 12 Ranfurly Water Supply at H41:800689, H41:836770 and H41:794684

Central Otago subregion

Water body or Catchment Site Water Supply Values No. Clutha River/Mata-Au 13 Clyde Water Supply at G42:199521 between Alexandra and Lake 14 Cromwell Water Supply at G41:120670

20-48 Regional Plan: Water for Otago, updated to 1 March 2012

S CHEDULE 1 B : W ATER S UPPLY V ALUES

Water body or Catchment Site Water Supply Values No. Wanaka (including Lake Dunstan) Manuherikia River catchment 15 St Bathans Water Supply at H40:592926 and H40:602938 16 Omakau and Ophir Water Supplies at G41:427626

Lakes subregion

Water body or Catchment Site Water Supply Values No. Lake Wakatipu 17 Queenstown Water Supply from E41:666653 and F41:719664 Lake Hayes Tributary 18 Lake Hayes Water Supply at F41:794738 Lake Wanaka 19 Wanaka Water Supply at F40:033062 and F40:013057 Lake Hawea 20 Hawea Water Supply at G40:123153

Roxburgh subregion

Water body or Catchment Site Water Supply Values No. Clutha River/Mata-Au 21 Roxburgh Hydro Village Water Supply at G43:225194 between Alexandra and Island Block Benger Burn 22 Ettrick Water Supply at G43:198030

Waikouaiti/Lammermoor subregion

Water body or Catchment Site Water Supply Values No. Deep Stream 23 Dunedin Water Supply at H44:677992 Deep Creek 24 Dunedin Water Supply at H43:665037 Fortification Creek Dam 25 Hindon Water Supply at I44:906923 Waikouaiti River 26 Waikouaiti Water Supply at I43:232079 Waikouaiti River 27 Mt Pleasant-Stoneburn Water Supply at I43:155263

Coastal subregion

Water body or Catchment Site Water Supply Values No. Water of Leith 28 Dunedin Water Supply at I44:152820 (Ross Creek) 29 I44:153833 (Nicols Creek); 30 I44:160843 (Lower Morrisons Creek) 31 I44:153849 (Upper Morrisons Creek); and 32 I44:164857 (West Branch) Sullivans Dam 33 Dunedin Water Supply at I44:172863 Rossville Reservoir 34 Port Chalmers Water Supply at I44:233865 (Rossville intake); and 35 I44:227879 (Cedar Farm intake)

Regional Plan: Water for Otago, updated to 1 March 2012 20-49

S CHEDULE 1 B : W ATER S UPPLY V ALUES

Waitati River 36 Dunedin Water Supply at I44:158883 (Burns Creek); 37 I44:160873 (Jeffersons Creek); and 38 I44:159870 (Williams Creek) Wetherstons Creek 39 Waitati Water Supply at I44:201882

Taieri/Clutha Plains subregion

Water body or Catchment Site Water Supply Values No. Taieri River between 40 Outram Water Supply at I44:955804 Outram and Henley Mill Creek 41 West Taieri Water Supply at H44:833730 Meggat Burn 42 North Bruce Water Supply at H45:743693 Silver Stream catchment 43 Dunedin Water Supply at I44:096859; 44 I44:105844; 45 I44:105848; and 46 I44:105850 Tokomairiro River East 47 Milton Water Supply at H45:746529 Branch Clutha River/Mata-Au 48 Bruce Water Supply at H46:619343 between Balclutha and the 49 Kaitangata and Wangaloa Water Supplies at sea H46:667308 Puerua River 50 Richardson Water Supply at H46:510257

Southwest Otago subregion

Water body or Catchment Site Water Supply Values No. Pomahaka River 51 Glenkenich Water Supply at G44:103754 52 [Repealed – 1 June 2015] Waipahi River 63 Waipahi Rural Stock Water Supply at G45:196488 Timber Creek 53 Moa Flat Water Supply at G43:172033 Greens Creek 54 Rural Water Supply at G44:104752 Unnamed tributary of 55 Tapanui Water Supply at G45:223660 Flodden Creek a.k.a. Whisky Gully Back Stream West Branch 56 [Repealed – 1 June 2015] Clutha River/Mata-Au 57 Richardson Water Supply at G45:491435 between Island Block and 58 Balclutha Water Supply at H46:580363 Balclutha Waitahuna River 59 Balmoral 1 and 2 and Tuapeka East Water Supplies at H45:523564 Bungtown Creek 60 Lawrence Water Supply at H44:573773 Tuapeka River 61 Tuapeka Water Supply at G44:491742 Bluejacket Gully 62 Lawrence Water Supply at H44:543747

20-50 Regional Plan: Water for Otago, updated to 1 June 2015

S CHEDULE 1 C : R EGISTERED H ISTORIC P LACES

1C Schedule of registered historic places This schedule identifies registered historic places which occur in, on, under or over the beds or margins of Otago’s lakes and rivers. Historic places are an important cultural resource as they provide links with Otago’s history and heritage.

There are other sites, buildings, places and areas of heritage value on the beds or margins of Otago rivers or lakes that are not identified in this schedule. The New Zealand Historic Places Trust retains information about important but unregistered historic values.

The registered historic places are identified by geographic subregion and by individual water bodies within each subregion (see Maps A1–A8 for subregions).

North Otago subregion

Water body Registered Historic Places Oamaru Creek Japanese Red Bridge, Oamaru Public Gardens Thames Street Bridge, Thames Street, Oamaru Kakanui River Clarks Flourmill, including dam, gate and race, SH 1, Maheno McCormicks Creek McCormick’s Creek Bridge, SH 85, Dunback Waianakarua River North Branch Graves Dam, Breakneck Road, Waianakarua Turnbull Thompson Bridge, SH 1, Waianakarua Waianakarua River South Branch Waianakarua Bridge, SH 1, Waianakarua

Maniototo subregion

Water body Registered Historic Place Hog Burn Naseby Historic Area, Naseby – various culverts and crossings in or over the river

Central Otago subregion

Water body Registered Historic Places Clutha River/Mata-Au between Bridge Piers, SH8, Alexandra Alexandra and Lake Wanaka Earnscleugh Bridge and Piers, Clyde Manuherikia River Shakey Bridge, Alexandra Daniel O’Connell Bridge, Ophir Bridge Road–, Ophir Lake Dunstan Old Bannockburn Bridge Foundations (submerged). Cromwell Bridge, Cromwell

Regional Plan: Water for Otago, updated to 1 March 2012 20-51

S CHEDULE 1 C : R EGISTERED H ISTORIC P LACES

Lakes subregion

Water body Registered Historic Places Kawarau River Kawarau Falls bridge and dam, Frankton, Queenstown Kawarau Gorge Suspension Bridge, SH 6, Gibbston Luggate Creek Luggate Flourmill, Luggate Horne Creek Horne Creek Bridge, Ballarat Street, Queenstown Shotover River Oxenbridge Tunnel, Arthurs Point, Queenstown Edith Cavell Bridge, Arthurs Point, Queenstown Mill Creek Wakatipu Flourmill Complex, Speargrass Flat Road. Butel’s Flourmill, Millbrook Murdochs Creek Bullendale Battery and Dynamo, Skippers catchment Stony Creek “Murphy’s Creek” suspended pipe over Stony Creek, Skippers catchment

Roxburgh subregion

Water body Registered Historic Places Clutha River/Mata-Au between Four Span Steel Truss Bridge, Millers Flat Alexandra and Island Block Old bridge piers at Roxburgh, adjacent to current bridge

Strath Taieri subregion

Water body Registered Historic Place Taieri River between Tiroiti and Hyde Bridge, SH 87, Hyde Pukerangi

Coastal subregion

Water body Registered Historic Places Water of Leith George Street Bridge, George Street, Dunedin Cast Iron Footbridge, University of Otago, Dunedin Stone Bridge, University of Otago, Dunedin Ross Creek Earth Dam, Burma Road, Dunedin Valve Tower and Jetty, Burma Road, Dunedin

Taieri/Clutha Plains subregion

Water body Registered Historic Places Clutha River Mata-Au between Blair Railway Bridge, SH 91, Balclutha Balclutha and the sea Balclutha Bridge, SH 1, Balclutha Pioneer Stream and Reef Creek Otago Pioneer Quartz Historic Reserve containing many relics of former mining activity

20-52 Regional Plan: Water for Otago, updated to 1 March 2012

S CHEDULE 1 D : K AI T AHU V ALUES

1D Schedule of spiritual and cultural beliefs, values and uses of significance to Kai Tahu This schedule identifies the spiritual or cultural beliefs, values or uses associated with water bodies of significance to Kai Tahu. The values are identified by geographic subregion and by individual water bodies, or groups of water bodies, within each subregion (see Maps A1–A8 for subregions). Note that the codes for these values are given in Table 4. Kai Tahu provided the information that appears in this schedule.

Where an activity will require a resource consent, Policy 5.4.2 will apply. This means that where an activity is to occur with respect to any water body for which this schedule identifies a particular spiritual or cultural belief, value or use, it may be necessary for the applicant to consult with Kai Tahu in a manner which is consistent with that set out in the document “Kai Tahu Ki Otago - Natural Resource Management Plan”.

Table 4: Code for Kai Tahu beliefs, values and uses ascribed to water bodies Code Mana Interests: MA1 Kaitiakitanga – the exercise of guardianship by Kai Tahu in accordance with tikanga Maori* in relation to Otago’s natural and physical resources; and includes the ethic of stewardship. MA2 Mauri – life force; for example the mauri of a river is most recognisable when there is abundance of water flow and the associated ecosystems are healthy and plentiful; a most important element in the relationship that Kai Tahu have with the water bodies of Otago. MA3 Waahi tapu and/or Waiwhakaheke – sacred places; sites, areas and values associated with water bodies that hold spiritual values of importance to Kai Tahu. (Note: Kai Tahu should be consulted regarding the location of these places, sites areas and values for a river identified as MA3). MA4 Waahi taoka – treasured resource; values, sites and resources that are valued and reinforce the special relationship Kai Tahu have with Otago’s water resources.

Code Access/Customary Use Interests: MB1 Mahika kai – places where food is procured or produced. Examples in the case of waterborne mahika kai include eels, whitebait, kanakana (lamprey), kokopu (galaxiid species), koura (fresh water crayfish), fresh water mussels, indigenous waterfowl, watercress and raupo. MB2 Kohanga – important nursery/spawning areas for native fisheries and/or breeding grounds for birds. MB3 Trails – sites and water bodies which formed part of traditional routes, including tauraka waka (landing place for canoes). MB4 Cultural materials – water bodies that are sources of traditional weaving materials (such as raupo and paru) and rongoa (medicines). MB5 Waipuna – sources of water highly regarded for their purity, healing and health-giving powers. * the correct way of doing things, according to custom.

Regional Plan: Water for Otago, updated to 1 March 2012 20-53

S CHEDULE 1 D : K AI T AHU V ALUES

North Otago subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Awamoko Stream      Landon Creek  Awamoa Creek   Waiareka Creek     Kakanui River          Oamaru Creek    Kakaho Creek   Kurinui Creek a.k.a.    Big Kuri Creek Ngutukaka Creek  Waiwherowhero Creek  Waimataitai    Creeks between  Waimataitai & Shag Point/Matakaea Stony Creek    Bobbys Head Creek   Most creeks between  Bobbys Head & Pleasant River Shag River (Waihemo)          Waianakarua River         Pleasant River       Trotters Creek        

Maniototo subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Taieri River, upstream         of Tiroiti Streams on the west-   facing slopes of the Rock and Pillar Range, excluding Logan Burn Kye Burn        

Central Otago subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Clutha River/Mata-Au         between Alexandra and Lake Wanaka Manuherikia River         Moa Creek  Other Manuherikia         tributaries Little Bremner Creek  Earnscleugh or Fraser  River Bannock Burn  Lindis River    Cardrona River        

20-54 Regional Plan: Water for Otago, updated to 1 March 2012

S CHEDULE 1 D : K AI T AHU V ALUES

Lakes subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Kawarau River      between Lakes Dunstan and Wakatipu Lake Hayes   Lake Wakatipu         Diamond Lake,  Diamond Creek and Lake Reid Dart River/Te Awa         Whakatipu Route Burn         Greenstone River,         Caples River Lochy River  Streams flowing to  Lake Wakatipu between Halfway Bay and Elfin Bay, including Von River Lake Wanaka         Matukituki River         Streams flowing off   West Wanaka, including Albert Burn Makarora River        Lake Hawea         Hunter River         Dingle Burn  Timaru River  Hawea River        Shotover River        Arrow River        Roaring Meg      Nevis River     

Roxburgh subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Clutha River/Mata-Au         between Alexandra and Island Block Teviot River  Lake Onslow   Minzion Burn 

Strath Taieri subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Great Moss Swamp   Red Swamp Creek  Taieri River between         Tiroiti and Pukerangi Nenthorn Stream         Deighton Creek 

Regional Plan: Water for Otago, updated to 1 March 2012 20-55

S CHEDULE 1 D : K AI T AHU V ALUES

Streams flowing on  west side of Taieri Ridge Lug Creek, Wandle  Creek and other streams flowing on the east side of the Rock and Pillar Range

Waikouaiti/Lammermoor subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Taieri River between        Pukerangi and Outram Three O’clock Stream  Lee Stream         Ross Stream  Deep Stream (and        Deep Creek) Waikouaiti River         (excluding South Branch) Waikouaiti River        South Branch Lower Waikouaiti       River (estuary and tidal zone) Hawksbury Lagoon      Streams between  Karitane & Yellow Bluff (Te Pa Hawea)

Coastal subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Streams between   Summer Hill and Brighton, excluding Taieri and Tokomairiro River main stems Akatore River       Lower Tokomairiro         River main stem Taieri River between         Henley and the sea Unnamed tributary of       the Taieri River a.k.a. Takitakitoa Stream Otokia Creek         Deep Creek (Omimi)   Evansdale Creek  Kaikorai Stream         Otago Peninsula         streams Water of Leith   Waitati River 

20-56 Regional Plan: Water for Otago, updated to 1 March 2012

S CHEDULE 1 D : K AI T AHU V ALUES

Taieri/Clutha Plains subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Taieri River between         Outram and Henley Lakes Waipori and          Waihola, Sinclair Wetlands Contour Channel and  other West Taieri hill streams Waipori River   Silver Stream        Owhiro Stream        Upper Tokomairiro  River main stem Lovells Stream  Lake Tuakitoto        Clutha River/Mata-Au         between Balclutha and the sea Waitepeka River,     Puerua River including Glenomaru Stream tributary

Southwest Otago subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Pomahaka River         Waiwera River  Clutha River/Mata-Au         between Island Block and Balclutha Waitahuna River  Waipahi River (lower         stretches within Otago region)

Catlins subregion Water body MA1 MA2 MA3 MA4 MB1 MB2 MB3 MB4 MB5 Catchments between    Fleming River and Longbeach Creek (excluding Tautuku River) Tautuku River   Tahakopa River         Maclennan River        Catlins River        Owaka River        Karoro Creek   

Regional Plan: Water for Otago, updated to 1 March 2012 20-57

S CHEDULE 2 : S PECIFIED R ESTRICTIONS ON THE E XERCISE OF P ERMITS TO T AKE W ATER

2. Schedule of specified restrictions on the exercise of permits to take surface water This schedule provides specified minimum flows applying to the taking of surface water within primary and supplementary allocation from catchments identified in the B-series maps, and Welcome Creek. The schedule should be read in conjunction with the policies contained in section 6.4.

Schedule 2A specifies minimum flows that apply to the primary allocation water taken from catchments identified in the B-series maps. The last column of Schedule 2A also specifies the primary allocation limit in accordance with Policy 6.4.2(a) for the whole catchments of the rivers and lakes. The catchment areas for the primary allocation limits set by Policy 6.4.2(a) may be larger than those specified on the B- series maps.

Schedule 2B specifies minimum flows that apply to specified blocks of supplementary allocation for some catchments. Additional supplementary allocation may be granted under Policies 6.4.9 and 6.4.10.

Schedule 2 identifies minimum flows in litres per second and the site at which flows will be monitored. When the minimum flow is reached, consents to take water from the identified catchment will cease or will be suspended by the Otago Regional Council, in accordance with Policy 6.4.11 of this Plan. The flows listed in Schedule 2, which trigger suspension, use the instantaneous flow rates.

In accordance with Policy 6.4.1A, groundwater takes from aquifers listed in Schedule 2C and identified in the C-series maps, and other connected groundwater, are considered against primary or supplementary allocation provided for by Policies 6.4.2 and 6.4.9 and where listed in Schedules 2A and 2B, and may be subject to the minimum flows identified.

Schedule 2D identifies matters to be considered when making additions to these schedules through a plan change.

20-58 Regional Plan: Water for Otago, updated to 1 June 2015

S CHEDULE 2: S PECIFIED R ESTRICTIONS ON THE E XERCISE OF P ERMITS TO T AKE W ATER 2A Schedule of specific minimum flows for primary allocation takes in accordance with Policy 6.4.3, and primary allocation limits in accordance with Policies 6.4.2(a) and 6.4.1A The following schedule: 1. Identifies the minimum flows that apply to the taking of surface water, which includes groundwater managed as surface water in terms of Policy 6.4.1A within primary allocation from the catchments shown in the B-series maps, Welcome Creek and aquifers shown in the C-series maps. The B-series maps identify the location of catchment area boundaries and numbered monitoring sites referred to in the schedule for setting and measuring the minimum flows.

2. Specifies the primary allocation limit in accordance with Policy 6.4.2(a). That limit is exceeded in catchments where the consented takes as at 28 February 1998 (or 19 February 2005 in the Welcome Creek catchment, or 7 July 2000 in the Waianakarua catchment) set a higher limit in accordance with Policy 6.4.2(b). The catchments in which the limit set by Policy 6.4.2(a) is exceeded by Policy 6.4.2(b) (as at 20 December 2008) are the Shag, Kakanui, Taieri, Lake Hayes, Luggate and Manuherikia.

Catchment Monitoring Site Minimum flow Primary Allocation See the B-series (with MS number) (litres per second – Limits in accord with maps See the B-series instantaneous Policy 6.4.2(a) maps flow) (litres per second – instantaneous flow) Welcome Creek Steward Road 600 600 catchment Welcome Creek catchment from confluence with Waitaki River to headwaters. (Also subject to Table 12.1.4.2) Kakanui catchment (a) 1 October to 30 Mill Dam (MS 3) and 250 (300 for 750 April McCones (MS 3b) secondary permits) Kakanui catchment If 250 breached, from mouth to flow must return to headwaters excluding 400 before taking the Waiareka Creek can recommence. and Island Stream catchments.

(b) 1 May to 30 Clifton Falls (MS 3a) 400 for primary and September Mill Dam (MS 3) and secondary permits McCones (MS 3b) Waianakarua Browns Pump 200 (1 October to 190 catchment (MS 13) 30 April) Waianakarua catchment from mouth 400 (1 May to 30 to headwaters September) Trotters catchment Mathesons Weir 10 (1 October to 30 15 (MS 12) April) Trotters catchment from mouth to 35 (1 May to 30 headwaters September)

Regional Plan: Water for Otago, updated to 1 March 2016 20-59

S CHEDULE 2 : S PECIFIED R ESTRICTIONS ON THE E XERCISE OF P ERMITS TO T AKE W ATER

Catchment Monitoring Site Minimum flow Primary Allocation See the B-series (with MS number) (litres per second – Limits in accord with maps See the B-series instantaneous Policy 6.4.2(a) maps flow) (litres per second – instantaneous flow) Shag catchment Goodwood Pump 28 280 (both minimum flows (MS 1) Shag catchment from apply) Craig Road (MS 2) 150 mouth to headwaters Water of Leith Water of Leith at 94 140 catchment University Water of Leith Footbridge (MS 4) catchment from mouth to headwaters Taieri River Paerau Dam 850 upstream of Paerau (MS 5a) Taieri River Taieri River at 1,000 catchment between Waipiata Paerau and (MS 5) Waipiata 4,860 Taieri River Taieri River at Tiroiti 1,100 Taieri River catchment catchment between (MS 5b) from mouth to Waipiata and Tiroiti headwaters. Taieri River Taieri River at Sutton 1,250 catchment between (MS 6) Tiroiti and Sutton Taieri River Taieri River at 2,500 catchment between Outram Sutton and Outram (MS 6a) Luggate catchment SH6 Bridge 180 (1 November to 500 (MS 11) 30 April) Luggate catchment from confluence with 500 (1 May to 30 Clutha/Mata-Au to October) headwaters Lake Hayes Mill Creek at Fish 180 260 catchment area Trap Lake Hayes catchment (MS 7) from lake outlet to headwaters Manuherikia River Manuherikia River at 820 3,200 catchment upstream Ophir Manuherikia catchment of Ophir (MS 8) from confluence with Clutha/Mata-Au to headwaters Waitahuna River Waitahuna River at 450 650 catchment Tweeds Bridge Waitahuna catchment (MS 9) from confluence with Clutha/Mata-Au to headwaters Pomahaka Burkes Ford 3,600 (1 October to 1,000 catchment (MS 15) 30 April) Pomahaka catchment (within Otago from confluence with Region) 7,000 (1 May to 30 Clutha/Mata-Au to September) headwaters

20-60 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 2: S PECIFIED R ESTRICTIONS ON THE E XERCISE OF P ERMITS TO T AKE W ATER

Catchment Monitoring Site Minimum flow Primary Allocation See the B-series (with MS number) (litres per second – Limits in accord with maps See the B-series instantaneous Policy 6.4.2(a) maps flow) (litres per second – instantaneous flow) Waiwera catchment Maws Farm 280 (1 October to 150 (MS 16) 30 April) Waiwera catchment If 280 breached by from confluence with taking, flow must Clutha/Mata-Au to return to 310 before headwaters taking can recommence.

400 (1 May to 30 September) Lake Tuakitoto Lovells Creek at SH1 5 30 catchment (MS 10) Lake Tuakitoto catchment from confluence with Clutha/Mata-Au to headwaters

Regional Plan: Water for Otago, updated to 1 March 2016 20-61

S CHEDULE 2 : S PECIFIED R ESTRICTIONS ON THE E XERCISE OF P ERMITS TO T AKE W ATER 2B Schedule of supplementary allocation blocks and specific minimum flows in accordance with Policy 6.4.9(c)

Catchment Minimum Flow Supplementary (See the B-series maps) (litres per second – instantaneous Allocation Block & Supplementary Block flow) at the monitoring site(s) (litres per second – Number (See the B-series maps) instantaneous flow) Welcome Creek 1,000 400 catchment At Steward Road (MS 14) (Also subject to Table (first supplementary 12.1.4.2) allocation block) Kakanui catchment For each minimum flow listed below: 1. At Mill Dam (MS 3) for takes downstream of Clifton Falls monitoring site; or

2. At both Mill Dam (MS 3) and Clifton Falls (MS 3a) for takes upstream of Clifton Falls monitoring site. Kakanui catchment 1 October to 30 April: 1,050 1 October to 30 April: (first supplementary 300 allocation block) 1 May to 30 September: 1,500 1 May to 30 September: 500 Kakanui catchment All subsequent minimum flows All subsequent (subsequent supplementary corresponding to supplementary supplementary allocation allocation blocks) allocation blocks in the Kakanui blocks in the Kakanui catchment will be based on the catchment will be based following formula: on the following sizes:

1 October to 30 April: 1 October to 30 April: 300 1,050 + (300 x number of supplementary allocation block*) 1 May to 30 September: 1 May to 30 September: 500 1,500 + (500 x number of supplementary allocation block*)

* 2 for the 2nd, 3 for the 3rd allocation block, and so on. Waianakarua catchment 311 100 (first supplementary At Browns Pump (MS 13) allocation block) Trotters catchment 1 October to 30 April: 30 15 (first supplementary at Mathesons Weir (MS 12) allocation block) 1 May to 30 September: 50 15 at Mathesons Weir (MS 12) Trotters catchment 1 October to 30 April: 60 30 (second supplementary at Mathesons Weir (MS 12) allocation block) 1 May to 30 September: 80 30 at Mathesons Weir (MS 12) Trotters catchment 1 October to 30 April: 90 30 (third supplementary at Mathesons Weir (MS 12) allocation block) 1 May to 30 September: 110 30 at Mathesons Weir (MS 12)

20-62 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 2: S PECIFIED R ESTRICTIONS ON THE E XERCISE OF P ERMITS TO T AKE W ATER

Catchment Minimum Flow Supplementary (See the B-series maps) (litres per second – instantaneous Allocation Block & Supplementary Block flow) at the monitoring site(s) (litres per second – Number (See the B-series maps) instantaneous flow) Shag catchment 650 (first supplementary At Craig Road (MS 2) allocation block) 100 401 At Goodwood Pump (MS 1) Shag catchment 750 100 (second supplementary At Craig Road (MS 2) allocation block) 501 At Goodwood Pump (MS 1) Pomahaka catchment 13,000 500 (within Otago Region) At Burkes Ford (MS 15) (first supplementary allocation block) Waiwera catchment 600 100 (first supplementary At Maws Farm (MS 16) allocation block)

2C Schedule of aquifers where groundwater takes are to be considered as primary allocation, and subject to minimum flows of specified catchments in accordance with Policy 6.4.1A

Aquifer Name Map Catchment to which primary or supplementary Reference allocation limits apply, and minimum flows may apply* Kakanui-Kauru C17 & C18 Kakanui catchment* Alluvium Aquifer Shag Alluvium C19 Shag catchment* Aquifer Lindis Alluvial C5 & C6 Lindis catchment** Ribbon Aquifer Cardrona Alluvial C2 & C3 Cardrona catchment upstream of the Mount Barker Ribbon Aquifer recorder site**

Lowburn Alluvial C7 Lowburn Stream** Ribbon Aquifer Pomahaka Alluvial C22 & C23 Pomahaka catchment** Ribbon Aquifer * as given in Schedules 2A and 2B. ** as provided for by Policies 6.4.2, 6.4.3 and 6.4.9.

Regional Plan: Water for Otago, updated to 1 March 2016 20-63

S CHEDULE 2 : S PECIFIED R ESTRICTIONS ON THE E XERCISE OF P ERMITS TO T AKE W ATER

2D Schedule of matters to be considered when setting minimum flows and allocation limits Primary allocation limits and minimum flows will be added to Schedule 2A, to give effect to the objectives and policies in this Plan, through the plan change process following scientific investigation and consultation with the community and affected parties. The lists in 2D.1 and 2D.2 identify matters to which consideration will be given when setting these flows and limits. The lists are not exhaustive and consideration will be given to these and any other relevant matters.

2D.1 When setting minimum flows in Schedule 2A for a catchment, consideration will be given to the following matters: (a) Any existing or previous minimum flow regime or residual flow; (b) The 7-day mean annual low flow; (c) Interaction among water bodies; (d) Ecological values, including the need for flow variability; (e) Demand for water, including community water supplies; (f) Existing water uses and associated infrastructure; (g) Environmental, social, cultural, recreational and economic costs and benefits of taking and using water before and after the implementation of a minimum flow regime; and (h) Any other relevant matter in giving effect to Part 2 of the Resource Management Act.

2D.2 When setting primary allocation limits in Schedule 2A for a catchment, consideration will be given to the following matters: (a) Amount of water currently allocated as primary allocation; (b) Amount of water currently taken as primary allocation; (c) Any other existing taking and using of water; (d) The 7-day mean annual low flow; (e) Proposed minimum flow regime; (f) Possible sources of water; (g) Acceptable duration and frequency of rationing among consented water users; and (h) Social and economic benefits of taking and using water.

Note: For catchments not included in Schedule 2A, refer to Policy 6.4.4 for determining minimum flows and Policy 6.4.2 for identification of primary allocation.

20-64 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 3 : H UMAN U SE V ALUES OF A QUIFERS

3. Schedule of human use values of Otago’s aquifers Schedule 3A identifies the uses of groundwater from particular aquifers in Otago. These aquifers are identified on the C-series maps. Schedule 3B identifies the location of groundwater takes for the purpose of community water supply. The identification of these human use values provides a mechanism for recognising the existence of values which need to be taken into account and given appropriate protection in managing the taking of water and discharge of contaminants (see Policy 9.4.1). The opportunity to provide such protection will arise when considering applications for resource consents for these activities.

Those that utilise the groundwater do take the risk that it may not be suitable for human consumption due to the presence of contaminants.

3A Schedule of human uses of particular aquifers

Aquifer Map Values Lower Waitaki Plains C15, C16 & − Human consumption without treatment Aquifer C17 − Stock drinking water supply and farm dairy water. Papakaio Aquifer C15 & C17 − Irrigation North Otago Volcanic C15, C16, − Irrigation Aquifer C17 & C18 Kakanui-Kauru C17 & C18 − Human consumption without treatment Alluvium Aquifer − Stock drinking water supply and farm dairy water − Irrigation Shag Alluvium Aquifer C19 − Human consumption without treatment − Human consumption with treatment − Stock drinking water supply − Irrigation Ettrick Basin Aquifer C21 − Human consumption without treatment − Stock drinking water supply and farm dairy water − Irrigation Roxburgh Basin Aquifer C20 − Human consumption without treatment − Stock drinking water supply − Irrigation − Industrial Lower Taieri Aquifer C24 & C25 − Human consumption without treatment − Stock drinking water supply and farm dairy water − Irrigation − Industrial

Regional Plan: Water for Otago, updated to 1 March 2016 20-65

S CHEDULE 3 : H UMAN U SE V ALUES OF A QUIFERS

3B Schedule of groundwater takes for the purpose of community water supply

Community Water Supply Takes Rate (litres per second) and Site No. volume (cubic metres per (at NZMS 260 Series Map Grid Reference) day) authorised 1* Glenorchy Water Supply at E41:459-841. 63 l/s; 5400 m3/day 2* Arthurs Point Water Supply at E41:686-713. 49 l/s; 3385 m3/day 3* Dalefield Water Supply at F41:739-724. 6 l/s; 300 m3/day 4* Arrowtown Water Supply at: 108 l/s; 7800 m3/day F41:806-773; F41:808-774; and F41:809-774. 5* Cromwell Water Supply at G41:119-671. 210 l/s; 18,000 m3/day 6* Alexandra Water Supplies at: G42:253-444; 420 l/s; 21,600 m3/day G42:263-454; and 12.5 l/s; 675 m3/day G42:271-442 4 l/s; 345 m3/day 7* Roxburgh Water Supply at G43:210132. 58 l/s; 3000 m3/day 8* Dunedin and Outram Water Supplies at: I44:956-803; Combined total take of I44:956-805; and 382 l/s; 33,000 m3/day I44:956-804. 11 Owaka Water Supply at H46:533-124. 4.4 l/s; 380 m3/day 12 Mosgiel Water Supply at: I44:048-789; The combined total take shall I44:042-779; not exceed 10,104 m3/day. I44:036-776; I44:048-789; I44:036-788*; I44:051-787; I44:032-782; I44:051-789; and I44:042-784. 13* Clydevale-Pomahaka Water Supply at G45:417- 60 l/s; 5160 m3/day 507.

* Point of take located within 100 metres of a surface water body.

20-66 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 4 : ALLOCATION AND RESTRICTION REGIME FOR G ROUNDWATER

4. Schedule of the allocation and restriction regime for groundwater This schedule sets out restrictions that apply to the taking of groundwater from certain aquifers in Otago.

Schedule 4A identifies maximum allocation limits for the taking of groundwater from aquifers identified in the C-series maps, in accordance with Policy 6.4.10A2(a) of this Plan. Schedule 4B identifies water levels at which the taking of groundwater will be restricted in accordance with Policy 6.4.10A1(b) of this Plan. Schedule 4C identifies matters to be considered when making additions to these schedules through a plan change.

4A Maximum allocation limits for groundwater takes from aquifers

Maximum Allocation Limit Aquifer Name Map Reference (million cubic metres per year) Cromwell Terrace Aquifer C7 4

North Otago Volcanic C15, C16, C17 & C18 7 Aquifer

4B Restrictions for groundwater takes 4B.1 Restrriction levels for groundwater takes Schedule 4B.1 identifies water levels at which the taking of groundwater will be restricted, and identifies the nature of the restriction, in terms of a reduction in the take of water authorised by water permits.

The aquifer maximum height refers to the historic record of the water level or pressure head after the recharge season. Note that the areas over which the restrictions apply are shown on Maps D1-D4.

Restriction levels Aquifer Aquifer (metres above datum) maximum Aquifer Reference Bore height 25% restriction See Maps D1– or response in terms 50% 100% See Maps D1–D4 (metres above D4 of Council recognised restriction restriction datum) rationing regime* North Otago Volcanic Websters Well 130.8 126.0 125.5 125.0 Lower Taieri – West Momona Bore 101.24 100 99.5 99 Harleys Well, Lower Taieri – East 112.5 110.5 110.0 109.5 Piezo. 2 Ettrick Basin Cemetery Bore 172.29 170.29 169.79 169.29 Roxburgh Basin White-Hall 189.5 188 187.8 187.5 (Coal Creek Terrace) Bore

* When the aquifer reaches this level there shall be either a 25% restriction or a water allocation committee, appointed by the Otago Regional Council, will implement a protocol to take all practical steps to curb the decline in the aquifer level so as to avoid a 50% restriction. If there is no water allocation committee or the water allocation committee does not use a protocol approved by the Council, the 25% water restriction

Regional Plan: Water for Otago, updated to 1 March 2016 20-67

S CHEDULE 4 : ALLOCATION AND RESTRICTION REGIME FOR G ROUNDWATER will apply. 4B.2 Restrrictions for Cromwell Terrace Aquifer There shall be no takes from the Cromwell Terrace Aquifer for irrigation purposes between 1 May and 31 August inclusive in each year.

Because the Cromwell Terrace Aquifer is hydraulically connected to Lake Dunstan, other restrictions may be imposed on resource consents to take water, to help maintain lake levels.

4C Schedule of matters to be considered when setting maximum allocation limits and restriction levels for aquifers Maximum allocation limits and restriction levels for aquifers in Schedules 4A and 4B give effect to the objectives and policies in this Plan. Additional aquifers are added through the plan change process following scientific investigation and consultation with the community and affected parties. The lists in 4C.1 and 4C.2 identify matters to which consideration will be given when setting these volumes and levels. The lists are not exhaustive and consideration will be given to these and any other relevant matters. Restriction levels may not be needed for all aquifers.

4C.1 When setting maximum allocation limits in Schedule 4A for an aquifer, consideration will be given to the following matters: (a) Physical properties of the aquifer; (b) The amount and characteristics of recharge to the aquifer; (c) Interaction with other aquifers; (d) Interaction with surface water bodies and their values; (e) The potential for contamination (including seawater intrusion); (f) The effects of taking groundwater on the aquifer (including results of computer modelling, where available); (g) Demand for water and existing water uses, including community water supplies; (h) Environmental, social, cultural, recreational and economic benefits of taking and using water; and (i) Any other relevant matter in giving effect to Part 2 of the Resource Management Act. 4C.2 When setting restriction levels in Schedule 4B for an aquifer, consideration will be given to the following matters: (a) Physical properties of the aquifer; (b) Variance of groundwater levels in the aquifer; (c) The amount and characteristics of recharge to the aquifer; (d) The proposed or existing maximum allocation limit; (e) Interaction with surface water bodies and their values; (f) Any actual or potential effect of drawdown on groundwater quality; and

20-68 Regional Plan: Water for Otago, updated to 1 September 2015

S CHEDULE 4 : ALLOCATION AND RESTRICTION REGIME FOR G ROUNDWATER (g) The environmental, social, cultural and economic effects of the restriction level on existing users of groundwater from the aquifer. Note: For aquifers not included in Schedule 4A, refer to Policy 6.4.10A2(b) for determining a maximum allocation limit.

4D Matters to be considered in calculating mean annual recharge For any aquifer not included in Schedule 4A the setting of the maximum allocation limit will involve calculating the mean annual recharge of the aquifer (see Policy 6.4.10.A2(b)). The mean annual recharge is a statistical value based on the past climate, aquifer hydrology, soil properties, irrigation practice and other factors with direct influence over groundwater recharge.

This schedule sets out the matters to which consideration will be given when calculating the mean annual recharge of an aquifer.

4D.1 Sources of aquifer recharge Sources of aquifer recharge may include: (a) Land surface recharge due to rainfall excess. (b) Land surface recharge due to irrigation excess, which should be based on the application of irrigation at an efficient rate. (c) Land surface recharge due to intermittent runoff flowing over the land surface. (d) Surface water recharge due to river infiltration. (e) Surface water recharge due to wetland, pond or lake infiltration. (f) Through-flow from any other aquifer.

The mean annual recharge can arise from a single recharge source or a combination of recharge sources, in which case the mean annual recharge is based on the combined recharge from all relevant sources.

4D.2 Methods for calculating aquifer recharge Methods for calculating aquifer recharge from various recharge sources may include: (a) Daily soil moisture balance for the calculation of land surface recharge. (b) Daily soil moisture balance for calculation of irrigation recharge. (c) Differences between surface water flows measured at different flow monitoring sites for the determination of bed infiltration passing to an aquifer. (d) Direct measurement of land surface recharge using subsoil measuring devices such as lysimeters. (e) Calibrated recharge estimation using unsaturated zone matric potential or saturated zone water table height fluctuation. (f) Environmental tracers such as isotopes (radioactive or stable) and conservative anions. (g) Groundwater computer modelling, especially where calibration and parameter estimation can be used to constrain initial estimates of surface water contributions and land surface recharge.

Regional Plan: Water for Otago, updated to 1 March 2016 20-69

S CHEDULE 5 : L IMITS TO I NSTANTANEOUS G ROUNDWATER T AKES

5. Schedule of limits to instantaneous take of groundwater

5A Schedule of equations to determine stream depletion effects of the take of groundwater Requirement to determine stream depletion on surface water The Bekesi and Hodges1 equations are used to determine whether a proposed groundwater take may have an effect on nearby surface water that is greater than 5 litres per second.

The Bekesi and Hodges equations are preferred to other equations reported in the literature as they are less demanding of hydrogeological data, and allow a reasonable relationship to be calculated empirically, which can be transposed to determine the threshold distance between the point of groundwater take and the surface water body. These equations consider pumping occurs over 30 days, and assumes a 90 percentile confidence. Which equation is used depends on the proposed maximum rate of take (Q in litres per second):

Where 5 l/s ≤ Q ≤ 25 l/s r = 65 x Q Where Q > 25 l/s r = 1138 x log Q

r = distance between abstraction structure and surface water body (metres)

If r is greater than the actual distance from the point of groundwater take to the surface water body, then the stream depletion effect is considered to be greater than 5 litres per second. However, there may be exceptions to the empirical relationship (see below).

Calculation of stream depletion effect and allocation to surface water 2 The Jenkins equations are used to calculate the stream depletion effects (or Qs) which will be considered against the available allocation of the relevant surface water body.

Qs = Qwerfc(U)

U = -(r2S/4Tt)

Where: Qs is the rate of stream depletion (cubic length per time) Qw is the pumping rate of the well (cubic length per time) r is the perpendicular distance from the point of groundwater take to the surface water body (length) S is the storativity (or specific yield) of the aquifer (dimensionless) T is the transmissivity of the aquifer (square length per time) t is time ‘erfc(U)’ refers to the Complementary Error Function of U

20-70 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 5 : L IMITS TO I NSTANTANEOUS G ROUNDWATER T AKES Where subsurface intake structures have a bore head in a different location from the position of the intake screen, the closest part of the intake screen or gallery should be used for the purpose of measuring the distance to the surface water body in terms of Policy 6.4.1A(c) and the equations set out above.

Situations where stream depletion effect is unlikely There are a number of situations where the stream depletion effect of groundwater is not likely to be valid; these include hydrological factors related to the depth of the bore screen. In addition, the Bekesi and Hodges, or Jenkins equations have situations where they are less valid or have violated their basic assumptions. The situations referred to above are summarised as follows:

Where the adjacent surface water body; (a) Has an impermeable bed; or (b) Is ephemeral, or dry for extended periods, containing or conveying water only in episodes of high runoff; or (c) Is separated from the underlying water table by an unsaturated zone, decoupling the interaction into a one-way loss of surface water from the surface water body.

Where the groundwater system; (a) Has very low permeability (e.g. schist fractured rock aquifers. Although the low permeability will calculate a very low stream depletion effect in the Jenkins equation, this is not considered in the empirical Bekesi and Hodges equations); or (b) Has very steep gradients or perched water tables adjacent to surface water body boundaries; or (c) Does not influence surface water due to the depth of the bore or well screen.

These situations are often not immediately discernable and may require a higher level of assessment to distinguish the nature of connection between groundwater and surface water. Where an applicant seeks that Policy 6.4.1A should not apply, and that the take should be considered as a full groundwater take under the provisions of 12.2, then the applicant may apply to take groundwater as a discretionary activity under Rule 12.2.4.1.

Use of analytical equations other than the Jenkins Equation: The use of analytical equations will be accepted over the equations given above, when an applicant can clearly demonstrate: 1) That the analytical equation is derived from, or is otherwise comparable to, the Jenkins Equation; and 2) That this equation is in common use for the purpose, and shares a degree of acceptance in such use amongst groundwater professionals.

Regional Plan: Water for Otago, updated to 1 March 2016 20-71

S CHEDULE 5 : L IMITS TO I NSTANTANEOUS G ROUNDWATER T AKES Use of numerical groundwater flow models: The use of numerical groundwater flow models will be accepted over the equations given above, when an applicant can clearly demonstrate: 1) That the numerical method is validated or potentially validated at a generic level against either the Theis Equation or the Jenkins Equation; and 2) That the model is in common use for the purpose, and shares a degree of acceptance in such use among groundwater professionals.

1 Bekesi, G; and Hodges, S. 2006: The protection of groundwater dependent ecosystems in Otago, New Zealand. Hydrogeology Journal. Vol. 14, No 8, December 2006, pp 1696–1701.

2 Jenkins, C T, 1977: Computation of rate and volume of stream depletion by wells. In “Techniques of Water Resource Investigations of the United States Geological Survey”. Chapter D1, Book 4, 3rd Edition. USGS, Department of Interior, Washington DC.

5B Schedule of method for identifying groundwater takes potentially affected by bore interference This schedule is the method for identifying parties likely to be affected by bore interference when a new application to take groundwater is received. The significance of any interference may result in limits being placed through conditions on permits to take groundwater, depending on distance from another bore, and may limit the instantaneous take of groundwater from any one bore in order to maintain existing access to water.

bore

Static water level d 1m Confined 0.2 m Unconfined Pumped water level

r (affected parties are situated at a distance less than r)

The radius will be determined using a significant interference of d ≥ 1 m for confined aquifers or d ≥ 0.2 m for unconfined aquifers, and the ‘Theis’ equation:

d = QW(u)/4πT where u=r2S/4Tt

Also where: d is the interference

20-72 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 5 : L IMITS TO I NSTANTANEOUS G ROUNDWATER T AKES Q is the pumping rate from the bore W(u) is the "well equation", approximated by a Taylor series: -0.5772 - ln (u) + u - u2/2∙2! + u3/3∙3! - … r is the distance from the pumping bore S is specific yield/storativity of the unconfined/confined aquifer t is the time or duration of pumping T is the transmissivity of the aquifer

For clarification, the variables required for the ‘Theis’ equation will be quantified as follows: Q from the consent application: maximum daily volume r from maps, aerial photos, or preferably GPS coordinates T and S from pumping tests or conservative estimates t (in days) from consent application: maximum annual volume divided by the maximum daily volume

If a variable cannot be estimated from the consent application or the applicant did not supply the information, the Council will estimate it on an environmentally conservative basis.

Regional Plan: Water for Otago, updated to 1 March 2016 20-73

S CHEDULE 6 : W ATER B ODIES W HERE D AMMING IS P ROHIBITED

6. Schedule of water bodies where damming is prohibited This schedule identifies water bodies in Otago, or parts of water bodies, in which the damming of water is prohibited in accordance with Policy 8.5.2, and Rules 12.3.1.1, 12.3.1.2, and 12.3.1.3 of this Plan. Note that the damming of water for stockwater supply purposes is not prohibited in some of the identified water bodies. Such management of these water bodies is required by the Water Conservation (Kawarau) Order 1997.

Water body Grid references Type of dam prohibited Kawarau River main stem from F41:035680 to F41:738667 Any dam. Scrubby Stream to the Lake Wakatipu control gates. Shotover River main stem At or about F41:765680 to Any dam. E40:662173 Dart River/Te Awa Whakatipu At or about E41:438853 to Any dam. main stem from Lake Wakatipu to E40:375077 its confluence with Beans Burn. Rees River main stem from Lake At or about E41:448852 to Any dam. Wakatipu to its confluence with E40:499117 Hunter Creek. Diamond Lake, Diamond Creek At or about E40:435975; Any dam. and Lake Reid. E41:444963 to E40:450918 Lake Wanaka and Upper Clutha F40:050089 to F40:088067 All dams other than for River/Mata-Au the duration of an emergency. Pomahaka River, including its Confluence at G45:447453 All dams other than for tributaries, from its sources to its stockwater supply confluence with the Clutha purposes. River/Mata-Au. Waipahi River from its source to Confluence at G45:194520 All dams other than for its confluence with the Pomahaka stockwater supply River. purposes. Lower Clutha River/Mata-Au G45:447453 to H46:667263 All dams other than for from its confluence with the and H46:642239 stockwater supply Pomahaka River to the sea at the purposes. mouths of the Matau and Koau Branches.

20-74 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 7 : W ATER B ODIES S ENSITIVE TO S UCTION D REDGE M INING

7. Schedule of water bodies sensitive to suction dredge mining This schedule identifies water bodies in Otago, or parts of water bodies, that are sensitive to bed disturbance caused by suction dredge mining due to their unique value for fish spawning or rearing, or their importance for water supply. Suction dredge mining in the identified water bodies, and during any identified time period, will require a resource consent under Rule 13.5.3.1 of this Plan (see Policy 8.6.3). The water bodies identified support values that need to be taken into account when considering consent applications to suction dredge. See Maps E1-E9 for areas affected and their numbers.

North Otago subregion Water body Values Grid References Area No. Waianakarua River Native fish diversity Catchment upstream of J42:370472 1

Maniototo subregion Water body Values Grid References Area No. Ewe Burn Native fish habitat Catchment upstream of H42:808587 2 Kye Burn Native fish habitat Catchment upstream of I42:946585 3 Sow Burn Fisheries values Catchment upstream of H42:785532 4 Pig Burn Fisheries values Catchment upstream of H42:828532 5 Taieri River Fisheries values Main stem between H42:713380 and 6 (Between Hore’s H42:744352 Bridge and Long Point) From 1 March to 31 October Waimonga Creek Native fish habitat Catchment upstream of H42:542308 7 Waimonga Creek Native fish habitat Catchment upstream of H43:542299 8 Totara Creek Native fish habitat Main stem between H42:620342 and 9 553304 Linn Burn Native fish habitat Catchment upstream of H42:655323 10 McPhees Creek Native fish habitat Catchment upstream of H43:729211 11 McHardys Creek Fisheries values Catchment upstream of H43:710151 12 Shepherds Hut Creek Fisheries values Catchment upstream of H43:645123 13 Unnamed tributary Native fish habitat Catchment upstream of H43:614115 14 of the Logan Burn Taieri River Native fish habitat Catchment upstream of H43:549027 15

Central Otago subregion Water body Values Grid References Area No. Cardrona River Fisheries values Catchment upstream of F40:087067 16 Unnamed tributary Native fish habitat Catchment upstream of G40:207933 17 of the Clutha River/Mata-Au Cluden Stream Fisheries values Catchment upstream of G40:342942 18 Dunstan Creek Fisheries values Catchment upstream of H41:545745 19 Manuherikia River Fisheries values Catchment upstream of H41:661902 20 Gate Creek Fisheries values Catchment upstream of H41:664901 21

Regional Plan: Water for Otago, updated to 1 March 2016 20-75

S CHEDULE 7 : W ATER B ODIES S ENSITIVE TO S UCTION D REDGE M INING

Central Otago subregion Water body Values Grid References Area No. Earnscleugh or Fisheries values Catchment upstream of G42:160507 22 Fraser River Earnscleugh or Fisheries values Main stem between G42:200490 and 23 Fraser River Clutha River/Mata-Au Cranky Woman Fisheries values Catchment upstream of H42:572378 24 Creek Manor Burn Creek Fisheries values Catchment upstream of G43:447243 25

Lakes subregion Water body Values Grid References Area No. All rivers flowing Fisheries values - 26 into Lake Wakatipu All rivers flowing Fisheries values - 27 into Lake Wanaka All rivers flowing Fisheries values - 28 into Lake Hawea Skippers Creek Native fish habitat Catchment upstream of E41:690896 29 Moke Creek Fisheries values Catchment upstream of E41:609701 30 (both branches) Lake Kirkpatrick Fisheries values Main stem between Lake Kirkpatrick 31 outlet stream and Moke Lake Mill Creek Fisheries values Catchment upstream of Lake Hayes 32 Hayes Creek Fisheries values Main stem between Lake Hayes and 33 Kawarau River Nevis River Fisheries values Catchment upstream of F41:979644 34

Roxburgh subregion Water body Values Grid References Area No. Benger Burn Native fish habitat Catchment upstream of G43:253006 35 Tima Burn Native fish habitat Catchment upstream of G44:293999 36 Unnamed tributary Native fish habitat Catchment upstream of G43:451133 37 of Lake Onslow

Strath Taieri subregion Water body Values Grid References Area No. Cap Burn Fisheries values Main stem between I42:959462 and 38 955462 Mare Burn Fisheries values Main stem between I42:971432 and 39 975432 Lug Creek Fisheries values Catchment upstream of H43:880257 40 Stoney Creek Native fish habitat Catchment upstream of H43:712088 41 Nenthorn Stream Native fish habitat Catchment upstream of I43:944054 42

20-76 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 7 : W ATER B ODIES S ENSITIVE TO S UCTION D REDGE M INING

Waikouaiti/Lammermoor subregion Water body Values Grid References Area No. Deep Creek Water Supply Catchment upstream of H43:665037 43 Deep Stream Native fish habitat Catchment upstream of H44:683996 44 Water Supply Lee Stream/Canton Native fish habitat Main stem between H44:761909 and 45 Stream 701915 Black Rock Stream Native fish habitat Catchment upstream of H44:744883 46 Smugglers Creek Native fish habitat Catchment upstream of I44:936830 47 Taieri River Water supply values Main stem between I44:009868 and 48 (land instability threat 976830 to water pipeline) Christmas Creek Fisheries values Main stem between I44:038953 and 49 039955 Three O’clock Fisheries values Main stem between I44:024974 and 50 Stream Taieri River Three O’clock Native fish habitat Main stem between I43:111096 and 51 Stream 077138 Waikouaiti River Native fish habitat Catchment upstream of I43:232079 52 Water Supply

Coastal subregion Water body Values Grid References Area No. Burns Creek Water Supply Catchment upstream of I44:158883 53 Jeffersons Creek Water Supply Catchment upstream of I44:160873 54 Williams Creek Water Supply Catchment upstream of I44:159870 55 Sullivans Dam intake Water Supply Catchment upstream of I44:172863 56 Water of Leith, West Water Supply Catchment upstream of I44:164857 57 Branch Morrisons Creek Water Supply Catchment upstream of I44:160843 58 Nicols Creek Water Supply Catchment upstream of I44:153833 59 Ross Creek Water Supply Catchment upstream of I44:152820 60 Orokonui Creek Native fish diversity Catchment upstream of I44:221921 61 Wetherstons Creek Water Supply Catchment upstream of I44:201882 62 (Waitati River tributary) Rossville reservoir Water Supply Catchment upstream of I44:233865 63 intake Sawyers Bay Stream Native fish habitat Catchment upstream of I44:235851 64 Unnamed tributary Native fish habitat Catchment upstream of I44:277825 65 of Otago Harbour Weipers Creek Native fish habitat Catchment upstream of I44:281792 66 Big Creek Native fish habitat Catchment upstream of H45:864482 67

Taieri/Clutha Plains subregion Water body Values Grid References Area No. Unnamed tributary Native fish habitat Catchment upstream of H44:553814 68 of Waipori River Unnamed tributary Native fish habitat Catchment upstream of H44:563813 69 of Waipori River Stony Creek Native fish habitat Catchment upstream of H44:606839 70

Regional Plan: Water for Otago, updated to 1 March 2016 20-77

S CHEDULE 7 : W ATER B ODIES S ENSITIVE TO S UCTION D REDGE M INING

Taieri/Clutha Plains subregion Water body Values Grid References Area No. Taieri/Clutha Plains subregion Water body Values Grid References Area No. Nardoo Stream Native fish habitat Catchment upstream of H44:649831 71 North West Stream Native fish habitat Catchment upstream of H44:697840 72 Unnamed tributary Native fish habitat Catchment upstream of H44:703752 73 of Pioneer Stream Unnamed tributary Native fish habitat Catchment upstream of H44:722768 74 of Lake Mahinerangi Shepherd Stream Native fish habitat Main stem between H44:737737 and 75 725736 Unnamed tributary Native fish habitat Catchment upstream of H44:724728 76 of Shepherd Stream Unnamed tributary Native fish habitat Catchment upstream of H44:732732 77 of Shepherd Stream Unnamed tributary Native fish habitat Catchment upstream of H44:749756 78 of Waipori River Unnamed tributary Native fish habitat Catchment upstream of H44:765750 79 of Waipori River Unnamed tributary Native fish habitat Catchment upstream of H44:780741 80 of Waipori River Unnamed tributary Native fish habitat Catchment upstream of H44:777756 81 of Waipori River Unnamed tributary Native fish habitat Catchment upstream of H44:782746 82 of Waipori River Mill Creek Water Supply Catchment upstream of H44:833730 83 Verter Burn Native fish habitat Catchment upstream of H44:794799 84 Silver Stream Native fish diversity Catchment upstream of I44:039789 85 Water Supply Meggat Burn Water Supply Catchment upstream of H45:744693 86 Tokomairiro River Fisheries values Catchment upstream of H45:747487 87 West Branch Lake Tuakitoto Native fish habitat Catchment upstream of H45:647407 88 Unnamed tributary Native fish habitat Catchment upstream of H46:660392 89 of Lake Tuakitoto Saddle Stream Native fish habitat Catchment upstream of H46:657389 90 McCrosties Drain Native fish habitat Catchment upstream of H46:654372 91 Lake Tuakitoto Native fish habitat Catchment upstream of H46:687369 92

Southwest Otago subregion Water body Values Grid References Area No. Tuapeka River Water Supply Catchment upstream of G44:491742 93 All streams flowing Water Supply Catchment upstream of Dam at 94 into the Phoenix H44:545755 Dam Waitahuna River Native fish habitat Catchment upstream of H44:624790 95 Tuapeka Creek Fisheries values Main stem between H44:508721 and 96 Tuapeka River Tuapeka River Fisheries values Catchment between G45:471669 and 97 Clutha River/Mata-Au, including all tributaries of this reach Waitahuna River Fisheries values Main stem between H45:619659 and 98 Clutha River/Mata-Au

20-78 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 7 : W ATER B ODIES S ENSITIVE TO S UCTION D REDGE M INING

Pomahaka River Native fish habitat Catchment upstream of G45:445453 99 Fisheries values Water Supply Waiwera River Native fish habitat Catchment upstream of G46:283301 100

Catlins subregion Water body Values Grid References Area No. Unnamed tributary Native fish habitat Catchment upstream of G46:214247 101 of Mokoreta River Catlins River Native fish habitat Catchment upstream of G46:274228 102 Unnamed tributary Native fish habitat Catchment upstream of G46:380169 103 of Catlins River Frank Stream Native fish habitat Catchment upstream of G46:400141 104 Matai Stream Native fish habitat Catchment upstream of G47:404059 105 Unnamed Creek Native fish habitat Catchment upstream of G47:457046 106 MacKenzie Stream Native fish habitat Catchment upstream of G47:469051 107 Waitere Stream Native fish habitat Catchment upstream of G47:485043 108 Unnamed tributary Native fish habitat Catchment upstream of H47:561074 109 of Catlins Lake Unnamed tributary Native fish habitat Catchment upstream of H46:553143 110 of Owaka River Burnt Scrub Creek Native fish habitat Catchment upstream of H46:595183 111 Unnamed Creek Native fish habitat Catchment upstream of H46:600175 112 Nugget Stream Native fish habitat Catchment upstream of H46:631160 113

Regional Plan: Water for Otago, updated to 1 March 2016 20-79

S CHEDULE 8 : R EQUIREMENTS FOR D ISCHARGE OF A NIMAL W ASTE

8. Schedule of requirements for discharge of animal wastes This schedule establishes requirements for the discharge of contaminants from any waste collection system onto production land. If these requirements are met, in addition to the conditions set out in Rules 12.C.1.1 and 12.C.1.1A, and the discharge is not prohibited under 12.C.0.2, such a discharge is a permitted activity under this Plan.

The schedule specifies a maximum application depth, a maximum application rate and a minimum return period.

• The maximum application depth is the amount of animal waste that can be applied at any one time. • The maximum application rate is the speed at which animal waste can be applied. • The minimum return period is the time which should expire before animal waste is reapplied to the same land.

These requirements vary depending on the soil type as each soil type has a different capacity to assimilate contaminants. The requirements will ensure that this assimilative capacity is not exceeded by the discharge of animal waste.

ANIMAL WASTE APPLICATION FOR VARIOUS SOIL TYPES UNDER PASTURE COVER Soil Type Maximum Maximum Minimum Application Depth Application Rate Return Period at any One Time Sand and loamy sand 25mm 32mm/hr 15 days Sandy loam and fine 25mm 20mm/hr 15days sandy loam Silt and sandy silt loam 25mm 17mm/hr 20 days Clay and clay loam 25mm 10mm/hr 20 days Peat 25mm 17mm/hr 15 days

Note: The values in this table are based on soil moisture under 50% saturation. Any person applying animal waste on soils exceeding 50% saturation will need to adjust their application depth and rate accordingly, to avoid breaching rule conditions.

The following conversions may be useful: • Amounts in mm to litres per hectare: multiply by 10,000. • Amounts in mm/hr to litres per hectare per hour: multiply by 10,000.

20-80 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 9 : I DENTIFIED R EGIONALLY S IGNIFICANT W ETLANDS A ND W ETLAND M ANAGEMENT A REAS

9 Schedule of identified Regionally Significant Wetlands and Wetland Management Areas

This schedule lists Otago’s identified Regionally Significant Wetlands and Wetland Management Areas. An identified Regionally Significant Wetland or Wetland Management Area is one that has been mapped in Maps F1–F63 and contains one or more regionally significant wetland values (see Chapter 10).

The ORC holds an inventory on wetlands, including all Regionally Significant Wetlands listed in Schedule 9, as well as some wetlands that are not included in this Schedule. The inventory is available on the ORC website. The inventory is intended for information purposes only. It is not incorporated by reference in this plan and does not form part of this plan or any other regulatory document. It is a stand-alone repository for data and information and has no legal effect.

In addition, GIS (geographical information systems) data on wetland extents can be made available on request.

Regional Plan: Water for Otago, updated to 1 March 2016 20-81

S CHEDULE 9 : I DENTIFIED R EGIONALLY S IGNIFICANT W ETLANDS A ND W ETLAND M ANAGEMENT A REAS Index to Otago’s Identified Regionally Significant Wetlands and Wetland Management Areas

# Wetland Name Map 1 Akatore Creek Swamp F42 2 All Day Bay Lagoon F60 3 Andersons Pond Margins F52 4 Aramoana Saltmarsh F53 6 Belmont Inland Saline Wetland Management Area F22 7 Bendigo Wetland F16 8 Big Boggy Swamp F1 9 Black Rock Marshes F63 10 Black Swamp F29 11 Blackcleugh Burn Swamp F28 12 Blackmans Inland Saline Wetland Management Area F12 13 Blair Fen F31 14 Blair Swamp F31 15 Boundary Creek Fen F27 16 Braeside Swamp F57 17 Bungtown Bog F47 18 Butterfield Wetland F2 172 Cairn Road Bog F35 19 Camp Stream Swamp F40 20 Campbells Reserve Pond Margins F3 21 Cannibal Bay Road Swamp F36 22 Catlins River Wetland F33 23 Chapman Road Inland Saline Wetland F16 24 Cheetwood Road Wetlands F38 25 Church Hill Wetland Complex F6 26 Clachanburn Marsh F22 27 Clifton Hill Marshes F29 28 Clutha Matau Wetlands F37 29 Clutha River Mouth Lagoon F37 30 Conroys Dam Inland Saline Wetland Management Area F16 31 Conroys Road Inland Saline Wetland Complex F16 87 Coutts Gully Swamp F42 32 Cross Eden Creek Marsh Complex F14 33 Culcairn Oxbow Marsh F38 34 Devils Bridge Wetland F59 35 Diamond Lake Wetland F3 36 Dingle Lagoon F1 37 Dunard Inland Saline Wetland Management Area F11 38 Dunvegan Fen Complex F34 39 East Benhar Swamp F39 40 Ellison Saltmarsh F56 41 False Islet Wetland Management Area F36 42 Fernhill Marsh F51 43 Finegand Lagoon Marsh F38

20-82 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 9 : I DENTIFIED R EGIONALLY S IGNIFICANT W ETLANDS A ND W ETLAND M ANAGEMENT A REAS # Wetland Name Map 44 Flat Top Hill Ephemeral Wetlands F17 45 Fortification Creek Wetland Management Area F27 46 Fortification Stream Headwaters Swamp F52 47 Frasers Stream Headwaters Marsh Complex F40 48 Galloway No. 1 Inland Saline Wetland Complex F12 49 Galloway No. 2 Inland Saline Wetland Management Area F12 50 Gilmour Road Marsh F13 51 Glendhu Swamp F28 52 Glenorchy Lagoon Wetland F8 53 Glyn Wye Wetland Management Area F51 54 Governors Point Swamp F43 55 Great Moss Swamp F26 56 Harrington Mill Road Swamp F31 57 Hawkdun Runs Road Marsh F18 58 Hawksbury Lagoon F56 59 Hazeldale Fens F49 60 Henley Swamp F44 61 Hoopers Inlet Swamp F54 62 Hukihuki Swamp F32 63 Hungerford Point Saltmarsh F32 64 Hut Creek Swamps F18 65 Island Block Pond Marshes F15 66 Jennings Creek Marsh F53 67 John O’Groats Hill Fen F28 68 Kaikorai Lagoon Swamp F57 69 Kakaho Creek Swamp F60 70 Kemp Road Lagoon F60 71 Kinloch Wetland F3 72 Kirk Creek Headwaters Marsh Complex F15 73 Kirkwoods Creek Wetland Management Area F14 74 Kuriwao Saddle Fen Complex F49 75 Lake Hayes Margins F7 76 Lake Reid Wetland F3 77 Lake Tuakitoto Wetland F39 78 Lake Wilkie Swamp F32 79 Lamb Hill Fen Complex F53 80 Laws Road Swamp F11 81 Lenz Reserve Wetlands F32 82 Little Boggy Swamp F51 83 Little Stoney Bog F4 84 Loch Loudon Fen Complex F46 85 Loch Luella Fen Complex F46 & F47 86 Long Gully Marsh F12 88 Lower Manorburn Dam Margins F13 89 Lower Otokia Creek Marsh F54 91 Macfarlane Road Oxbow Swamp F30 92 Maclennan River Podocarp Swamp Complex F50

Regional Plan: Water for Otago, updated to 1 March 2016 20-83

S CHEDULE 9 : I DENTIFIED R EGIONALLY S IGNIFICANT W ETLANDS A ND W ETLAND M ANAGEMENT A REAS # Wetland Name Map 93 Makarora Flat Swamp Complex F1 94 Malones Dam Margins F28 95 Marana Swamp F30 96 Matakauri Wetland F4 97 Matukituki Bluff Ephemeral Wetland Management Area F2 98 Matukituki Valley Wetland Management Area F5 99 Maungatua Summit Wetland Management Area F58 100 McGregor Swamp F56 101 McKays Triangle Wetland F54 102 McLachlan Road Marsh F56 103 Measly Beach Wetland Complex F41 104 Middle Swamp F27 105 Minaret Bay Swamp F1 106 Moa Creek Inland Saline Wetland F12 107 Moke Creek Swamp F4 108 Moke Lake Bog F4 109 Molyneux Bay Swamp F37 110 Mount Nicholas Lagoon F7 111 Murrays Road Inland Saline Wetland Management Area F51 112 Nenthorn Ridge Wetland Management Area F59 113 Nevis Red Tussock Fen F17 114 Office Creek Seepage F58 115 Okia Flat Wetland Management Area F63 116 Old Dunstan Road Swamp F52 117 Otanomomo Tuatiki Reserve F33 118 Otokia Swamp F57 119 Paddys Rock Ephemeral Tarn F59 120 Papanui Inlet Saltmarsh F61 121 Patearoa Inland Saline Wetland F22 122 Peat Moss Hills Fen Complex F55 123 Pleasant River Estuary Wetland Complex F62 124 Pomahaka River Oxbow Marsh (Dalvey School Road) F29 125 Pomahaka River Oxbow Marsh (Koi Creek) F29 126 Ratanui Swamp F33 127 Red Bank Wetland Management Area F62 128 Reefs Pond Margins F52 129 Rigney Pond Margins F15 130 Rockdale Inland Saline Wetland Management Area F11 131 Rocky Hill Tidal Marshes F43 132 Samson Hill Marshes F31 133 Scaifes Lagoon F2 134 Schoolhouse Flat Red Tussock Fen F17 135 Shag Point Dam Margins F59 136 Shag River Estuary Swamp F59 137 Shotover River Confluence Swamp F8 138 Signal Hill Swamp F8 139 Stirling Marsh Complex F39

20-84 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 9 : I DENTIFIED R EGIONALLY S IGNIFICANT W ETLANDS A ND W ETLAND M ANAGEMENT A REAS # Wetland Name Map 140 Stuarts Marsh F50 141 Styx Ephemeral Wetland Management Area F13 142 Sutton Salt Lake Wetland Management Area F55 143 Swampy Summit Swamp F53 144 Tahakopa Bay Podocarp Swamp F50 145 Tahakopa Marsh Complex F36 146 Tahakopa River Bogs F50 147 Takitoa Swamp F43 148 Tautuku River Mouth Marsh F32 173 Tavora Wetland F61 171 Te Hua Taki Wetland F61 149 Te Matai Marsh Complex F63 150 The Neck Wetlands F2 151 Three Stones Fen Complex F49 152 Timber Creek Seepage F11 153 Tokomairiro River Swamp F48 154 Tomahawk Lagoon F54 155 Totara Creek Inland Saline Wetland F22 157 Trig Y Bogs F30 158 Two Stone Hill Stream Swamp F40 159 Upper Black Stream Marshes F13 160 Upper Tahakopa Swamps F31 161 Upper Taieri Wetlands Complex F19 to F25 162 Upper Waiareka Creek Swamp F61 163 Von Valley Wetland Complex F9 & F10 164 Waianakarua River Estuary Swamp F60 165 Waikouaiti River Estuary Wetland Complex F56 166 Waipori Boot Swamp F44 & F45 167 Waipori/Waihola Wetlands Complex F44 & F45 168 Wairepo Creek Marsh Complex F34 169 Whareakeake Marsh F53 170 Willowburn Bog F30

Regional Plan: Water for Otago, updated to 1 March 2016 20-85

S CHEDULE 1 0 : [REPEALED]

10 [Repealed – 1 October 2013]

20-86 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 1 1 : [REPEALED]

11 [Repealed – 1 March 2012]

Regional Plan: Water for Otago, updated to 1 March 2016 20-87

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

12 Schedule of coastal marine area boundaries This schedule, and the accompanying maps, identify the boundary of the coastal marine area at Otago’s river mouths. Water on the landward side of the identified boundary is subject to the provisions of this Plan, while water on the coastal side is subject to the provisions of the Regional Plan: Coast.

Waitaki District Water body Description of mouth and boundary Mouth grid Boundary grid * reference reference 1. Waitaki River The “mouth” where it enters the sea, J41 (Edition 1 J41 (Edition 1 the “boundary” five times the width of 1984):636837, 1984):630844, the mouth upstream. 636835 628837 2. Awamoa The “mouth” where it enters the sea, J41 (Edition 1 J41 (Edition 1 Creek the “boundary” at the downstream side 1984):47608, 1984):475608, of the Beach Road bridge. 476608 476608 3. Kakanui The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 River the “boundary” at the downstream side 1984):449559, 1984):443564, of the Kakanui Point Road bridge. 448555 445564 4. Orore Creek The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 the “boundary” at the downstream side 1984):437531, 1984):436531, of the Waianakarua Road bridge. 437530 437530 5. Bow Alley The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 Creek the “boundary” at the downstream side 1984):424503, 1984):423505, of the Waianakarua Road bridge. 425504 423506 6. Waianakarua The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 River the “boundary” five times the width of 1984):421482, 1984):419483, the mouth upstream. 421484 419484 7. Kurinui Creek The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 a.k.a. Big the “boundary” five times the width of 1984):395403, 1984):393404, Kuri Creek the mouth upstream. 396404 394405 8. Kuriiti Creek The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 a.k.a. Little the “boundary” five times the width of 1984):394401, 1984):393399, Kuri Creek the mouth upstream. 394399 393400 9. Waiwhero- The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 whero Creek the “boundary” at the downstream side 1984):397375, 1984):397374, of the footbridge. 398375 398374 10. “Kemp Road” The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 Creek the “boundary” at the lower limit of the 1984):421330, 1984):419322, lagoon. 420330 421323 11. Trotters The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 Creek the “boundary” five times the width of 1984):412325, 1984):412325, the mouth upstream. 414327 413326 12. Back Creek The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 the “boundary” at the downstream side 1984):404315, 1984):404315, of the State Highway 1 Road bridge. 405316 405316 13. Tarapuke The “mouth” where it enters the sea, J42 (Edition 1 J42 (Edition 1 Creek the “boundary” at the downstream side 1984):397305, 1984):397305, of the State Highway 1 Road bridge. 398306 398306 14a. Shag River - The “mouth” where it enters the J43 (Edition 1 J43 (Edition 1 northern arm estuary, the “boundary” five times the 1980):377240, 1980):376238, width of the mouth upstream. 377239 377237 14b. Shag River - The “mouth” where it enters the J43 (Edition 1 J43 (Edition 1 southern arm estuary, the “boundary” five times the 1980):377231, 1980):374 230, width of the mouth upstream. 377230 375 229

20-88 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

Water body Description of mouth and boundary Mouth grid Boundary grid * reference reference 15. Stony Creek The “mouth” where it enters the J43 (Edition 1 J43 (Edition 1 estuary, the “boundary” five times the 1980):358200, 1980):357201, width of the mouth upstream. 359201 357200 * Taken from the NZMS 260 series of 1:50,000 scale maps.

Regional Plan: Water for Otago, updated to 1 March 2016 20-89

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

20-90 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

Regional Plan: Water for Otago, updated to 1 March 2016 20-91

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

20-92 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

Dunedin City Water body Description of mouth and boundary * Mouth grid Boundary grid reference reference 16. Pleasant The “mouth” where it enters the estuary, J43 (Edition 1 J43 (Edition 1 River the “boundary” adjacent to the south end 1980)315156, 1980):311155, of the railway bridge. 315157 312155 17. Hawksbury The “mouth” where it enters the sea, the I43 (Edition 1 I43 (Edition 1 Inlet “boundary” running along the causeway 1981):437531, 1981):286091, edge to include the Eastern arm in the 437530 289086 coastal marine area. 18. Waikouaiti The “mouth” where it enters the estuary, I43 (Edition 1 I43 (Edition 1 River the “boundary” at the downstream side 1981):265085, 1981):266087, of the State Highway 1 Road bridge. 267085 266089 19. Careys The “mouth” where it enters Blueskin I44/J44 I44/J44 (Edition Creek Bay, the “boundary” adjacent to the (Edition 2 2 1987):208956, northern end of the railway bridge. 1987):208954, 209956 209954 20. Waitati The “mouth” where it enters Orokonui I44/J44 I44/J44 (Edition River Inlet, the “boundary” five times the (Edition 2 2 1987):214924, width of the mouth upstream. 1987):216926, 215923 21 925 21. Drivers The “mouth” where it enters the sea, the I44/J44 I44/J44 (Edition Creek “boundary” at the downstream side of (Edition 2 2 1987):268921, the metalled road bridge parallel to Long 1987):269923, 269920 Beach. 270922 22. Water of The “mouth” where it enters the sea, the I44/J44 I44/J44 (Edition Leith “boundary” at the downstream side of (Edition 2 2 1987):176789, the railway bridge. 1987):178787, 178789 179788 23. ‘Marne The “mouth” where it enters Anderson’s I44/J44 I44/J44 (Edition Street’ Bay Inlet, the “boundary” at the (Edition 2 2 1987):179766, Creek downstream side of the Marne Street 1987):179766, 180765 Road bridge. 180765 24. Tomahawk The “mouth” where it enters the sea, the I44/J44 I44/J44 (Edition Lagoon “boundary” at the downstream side of (Edition 2 2 1987):189751, the Tomahawk Road bridge. 1987):189750, 190751 191750 25. Kaikorai The “mouth” where it enters the estuary, I44/J44 I44/J44 (Edition Stream the “boundary” five times the width of (Edition 2 2 1987):084736, the mouth upstream. The boundary 1987):082733, 083737 around the estuary is mean high water 082735 spring. 26. Taylors The “mouth” where it enters the sea, the I44/J44 I44/J44 (Edition Creek “boundary” at the downstream side of (Edition 2 2 1987):039708, the Brighton Road bridge. 1987):041708, 040709 043709 27. Otokia The “mouth” where it enters the sea, the I45 (Edition 1 I45 (Edition 1 Creek “boundary” at the downstream side of 1980):031701, 1980):030699, the Brighton Road bridge. 031699 030700 28. Tutu Stream The “mouth” where it enters the sea, the I45 (Edition 1 I45 (Edition 1 “boundary” at the downstream side of 1980):981652, 1980):980652, the road bridge DCC 47. 982654 981654 29. Reids The “mouth” where it enters the sea, the I45 (Edition 1 I45 (Edition 1 Stream “boundary” at the downstream side of 1980):966633, 1980):966633, the road bridge DCC 48. 967634 967634 30. Unnamed The “mouth” where it enters the sea, the I45 (Edition 1 I45 (Edition 1 “boundary” at the downstream side of 1980):954612, 1980):954612, the road bridge DCC 49. 955614 955614 * Taken from the NZMS 260 series of 1:50,000 scale maps.

Regional Plan: Water for Otago, updated to 1 March 2016 20-93

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

20-94 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

Regional Plan: Water for Otago, updated to 1 March 2016 20-95

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

20-96 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

Clutha District Water body Description of mouth and boundary * Mouth grid Boundary reference grid reference 31. Taieri River The “mouth” where it enters the sea, the I45 (Edition 1 I45 (Edition 1 “boundary” at the downstream side of 1980):930575, 1980):923581, the road bridge at Taieri Mouth. 936582 925582 32. Duckbend The “mouth” where it enters the sea, the I45 (Edition 1 I45 (Edition 1 Creek “boundary” at the downstream side of 1980):930570, 1980):926567, the road Sawmill Road bridge. 930568 927569 33. Akatore The “mouth” where it enters the estuary, I45 (Edition 1 I45 (Edition 1 Creek the “boundary” five times the width of 1980):905516, 1980):904516, the mouth upstream. 906515 905515 34. Bull Creek The “mouth” where it enters the sea, the H45 (Edition 1 H45 (Edition 1 “boundary” at the picnic area. 1981):882439, 1981):882439, 884440 883441 35. Tokomairiro The “mouth” where it enters the sea, the H45 (Edition 1 H45 (Edition 1 River “boundary” five times the width of the 1981):882439, 1981):882439, mouth upstream. 884440 883441 36. Wangaloa The “mouth” at the first constriction, the H45 (Edition 1 H45 (Edition 1 Creek “boundary” at the second constriction. 1981):785357, 1981):782353, 786356 781354 37. Washpool The “mouth” where it enters the sea, the H46 (Edition 1 H46 (Edition 1 Creek “boundary” at the downstream side of 1981):752324, 1981):751326, the Wangaloa Mouth Road bridge. 754325 752326 38. Clutha The “mouth” where it enters the sea, the H46 (Edition 1 H46 (Edition 1 River/Mata- “boundary” five times the width of the 1981):665262, 1981):660264, Au - Matau mouth upstream. 668263 660267 Branch 39. Clutha The “mouth” where it enters the sea, the H46 (Edition 1 H46 (Edition 1 River/Mata- “boundary” along the causeway and five 1981):639239, 1981):639247, Au - Koau times the width of the mouth upstream. 641241 642249, Branch 640242, 639245 40. Karoro The “mouth” where it enters the sea, the H46 (Edition 1 H46 (Edition 1 Creek “boundary” at the downstream side of 1981):623184, 1981):621185, the Kaka Point road bridge. 624183 623184 41. Nugget The “mouth” where it enters the sea, the H46 (Edition 1 H46 (Edition 1 Stream “boundary” at the Nuggets Road bridge. 1981):635162, 1981):634162, 636164 635164 42. Owaka The “mouth” where it enters the Catlins H46 (Edition 1 H46 (Edition 1 River River, the “boundary” at the downstream 1981):552110, 1981):551113, side of the Pounawea bridge. 554110 553113 43. Catlins The “mouth” where it enters the Catlins G46 (Edition 1 G46 (Edition 1 River ‘Lake’, the “boundary” at the 1981):500495, 1981):491082, downstream side of the Ratanui bridge. 501493 490083 44. Maclennan The “mouth” where it enters the G47 (Edition 1 G47 (Edition 1 River Maclennan River, the “boundary” at the 1983):392011, 1983):393013, downstream side of the State Highway 391013 392015 92 Road bridge between Centre Road and Puaho Road. 45. Tahakopa The “mouth” where the Maclennan River G47 (Edition 1 G47 (Edition 1 River enters, the “boundary” five times the 1983):390014, 1983):385014, width of the mouth upstream. 390011 385015 46. Fleming The “mouth” where it enters the Tautuku G47 (Edition 1 G47 (Edition 1 River River, the “boundary” five times the 1983):346961, 1983):346962, width of the mouth upstream. 347962 347963

Regional Plan: Water for Otago, updated to 1 March 2016 20-97

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

Water body Description of mouth and boundary * Mouth grid Boundary reference grid reference 47. Tautuku The “mouth” where the Fleming River G47 (Edition 1 G47 (Edition 1 River enters, the “boundary” at the constriction 1983):346962, 1983):345960, upstream. 347961 346961 48. Hukihuki The “mouth” where it enters the Waipati G47 (Edition 1 G47 (Edition 1 Creek estuary, the “boundary” five times the 1983):291927, 1983):293928, width of the mouth upstream. 292926 294927 49. Waipati The “mouth” where it enters Waipati G47 (Edition 1 G47 (Edition 1 River estuary, the “boundary” five times the 1983):284925, 1983):281924, width of the mouth upstream. 294924 291924 * Taken from the NZMS 260 series of 1:50,000 scale maps.

20-98 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

Regional Plan: Water for Otago, updated to 1 March 2016 20-99

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

20-100 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

Regional Plan: Water for Otago, updated to 1 March 2016 20-101

S CHEDULE 12: C OASTAL M ARINE A REA B OUNDARIES

20-102 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 1 3 : T RANSITIONAL P ROVISIONS R EPEALED

13 Schedule of transitional provisions repealed by this Regional Plan: Water The Otago Regional Council had an existing Regional Plan for Otago (commonly referred to as the Transitional Regional Plan), constituted by Section 368 of the Resource Management Act 1991. The Transitional Regional Plan was made up of notices, authorisations, bylaws, determinations, and resolutions in operation at the time of the enactment of the Resource Management Act (1 October 1991). These instruments were deemed to form rules in the Transitional Regional Plan, some of which related to the management of Otago’s water bodies.

This Plan deletes the provisions of the Transitional Regional Plan relating to water management within Otago, as identified in this schedule.

Repealed provision of Transitional Regional Plan Regional Plan: Water provision replacing Local Water Conservation (Lake Tuakitoto) Notice Schedule 1A; Schedule 9. 1991: 3 “Regionally Significant Features” Local Water Conservation (Lake Tuakitoto) Notice Policy 6.5.1; Rules 12.1.1.1 and 12.3.1.4. 1991: 4 “Minimum Lake Level” Local Water Conservation (Lake Tuakitoto) Notice Policy 5.4.2. 1991: 5.(1) “Water Rights and General Authorisations” Local Water Conservation (Lake Tuakitoto) Notice No equivalent provision. 1991: 5.(2) “Water Rights and General Authorisations” Local Water Conservation (Lake Tuakitoto) Notice No equivalent provision. 1991: 5.(3) “Water Rights and General Authorisations” Local Water Conservation (Lake Tuakitoto) Notice Rule 12.1.2.1; covered by Section 14(3) of the 1991: 6 “Limit of Notice” Resource Management Act 1991. Local Water Conservation (Pomahaka River and Schedule 1A. tributaries, and Lower Clutha River) Notice 1989: 3 “Regionally Significant Features” Local Water Conservation (Pomahaka River and Rule 12.3.1.3; Schedule 6. tributaries, and Lower Clutha River) Notice 1989: 4 “Right to dam not to be granted” Local Water Conservation (Pomahaka River and Policy 5.4.2. tributaries, and Lower Clutha River) Notice 1989: 5 “Water Rights (General):-(1)” Local Water Conservation (Pomahaka River and No equivalent provision. tributaries, and Lower Clutha River) Notice 1989: 5 “Water Rights (General):-(2)” Local Water Conservation (Pomahaka River and No equivalent provision. tributaries, and Lower Clutha River) Notice 1989: 5 “Water Rights (General):-(3)” Local Water Conservation (Pomahaka River and Rule 12.1.2.1; covered by Section 14(3) of the tributaries, and Lower Clutha River) Notice 1989: 6 Resource Management Act 1991. “Limit of Notice” Record of Determination of Appeal: Schedule 2; Policies 6.4.2 and 6.4.3; Rule Kakanui River minimum flow 12.1.4.3. 4 September 1991 Otago Catchment Board and Regional Water Board, General Authorisations 1988: General Authorisation 1: “Minor Agricultural Uses” Rules 12.1.2.2 to 12.1.2.5 and 12.2.2.2. General Authorisation 2: “Irrigation Scheme Rules 12.1.4.1, 12.2.2.2, 12.11.2.1 and Distribution” 12.11.2.3.

Regional Plan: Water for Otago, updated to 1 March 2016 20-103

S CHEDULE 1 3 : T RANSITIONAL P ROVISIONS R EPEALED

Repealed provision of Transitional Regional Plan Regional Plan: Water provision replacing General Authorisation 3: “School Supply” Rules 12.1.2.2 to 12.1.2.5 and 12.2.2.2. General Authorisation 4: “Spray Mixing” Rules 12.1.2.2 to 12.1.2.5 and 12.2.2.2. General Authorisation 5: “Earthworks” Rules 12.1.2.2 to 12.1.2.5 and 12.2.2.2. General Authorisation 6: “Septic Tank Effluent” Rules 12.6.1.3 and 12.6.1.4. General Authorisation 7: “Tracer Dye Discharge” Rule 12.11.3.1. General Authorisation 8: “Swimming Pool Rule 12.11.2.1. Discharge” General Authorisation 9: “Prospecting and Casual Rules 12.1.2.2 to 12.1.2.5, 12.2.2.2, and Mining” 12.11.2.3. General Authorisation 10: “Stormwater/ Drainage Rules 12.1.2.6, 12.3.2.2, 12.4.1.1, 12.4.1.2 and Discharges” 12.5.1.1. General Authorisation 11: “Herbicides” Rules 12.7.1.1 to 12.7.1.4. General Authorisation 12: “Drilling” Rules 12.1.2.2 to 12.1.2.5, 12.2.2.2, 12.2.2.3 and 12.9.1.1. General Authorisation 13: “Minor Dams” Rule 12.3.2.1. General Authorisation 14: “Farm Wastes Disposal” Rules 12.8.1.2 to 12.8.1.4. General Authorisation 15: “Incidental Damming Rules 12.3.2.1 and 12.3.2.3. and Diversion” General Authorisation 16: “Land Stability Rules 12.1.2.6, 12.3.2.2, 12.5.1.1 and Drainage” 12.11.2.3. Otago Catchment Board and Regional Water Board, Bylaw 1988: Clause 1, “General”, except as it relates to Section 3 No equivalent provision Clause 2.1, “Maintenance of watercourses and No equivalent provision defences against water” Clause 2.2, “Crossings” Rules under 13.1 to 13.3, 13.5 (as it applies to the bed of a lake or river); Rules under 14.3 and 14.4 (as it applies to land outside of the bed of a lake or river, but within seven metres of the margin of any lake, or of the top of the bank of any river), otherwise no equivalent provision. Clause 2.3, “Alteration to Watercourse” Rules under 13.4 and 13.5 (as it applies to the bed of a lake or river), otherwise no equivalent provision. Clause 2.4, “Construction of a defence against Rules under 13.2 and 13.3 (as it applies to the water” bed of a lake or river); Rules under 14.3 (as it applies to land outside of the bed of a lake or river). Clause 2.5, “Removal of shingle, sand, or other Rules under 13.5 (as it applies to the bed of a material” lake or river), otherwise no equivalent provision. Clause 2.6, “Vegetation” Rules under 13.6 (as it applies to the bed of a lake or river), otherwise no equivalent provision. Clause 2.7, “Obstructions and impairment of Rules under 12.3; and 13.1 to 13.6, (as it efficiency”: 2.7.1 applies to the bed of a lake or river), otherwise no equivalent provision; Rules under 14.3 and 14.4 (as it applies to land outside of the bed of a lake or river, but within seven metres of the margin of any lake, or of the top of the bank of any river), otherwise no equivalent provision. Clause 2.7, “Obstructions and impairment of Rules under 13.2 (as it applies to the bed of a efficiency”: 2.7.2 lake or river); Rules under 14.4 (as it applies to land outside of the bed of a lake or river, but within seven metres of the margin of any lake, or of the top

20-104 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 1 3 : T RANSITIONAL P ROVISIONS R EPEALED

Repealed provision of Transitional Regional Plan Regional Plan: Water provision replacing of the bank of any river), otherwise no equivalent provision. Clause 2.7, “Obstructions and impairment of Rules under 13.5 (as it applies to the bed of a efficiency”: 2.7.3 lake or river), otherwise no equivalent provision; Rules under 14.3 and 14.4 (as it applies to land outside of the bed of a lake or river, but within seven metres of the margin of any lake, or of the top of the bank of any river), otherwise no equivalent provision. Clause 2.7, “Obstructions and impairment of Rules under 13.5 (as it applies to the bed of a efficiency”: 2.7.4 lake or river), otherwise no equivalent provision; Rules under 14.3 and 14.4 (as it applies to land outside of the bed of a lake or river, but within seven metres of the margin of any lake, or of the top of the bank of any river), otherwise no equivalent provision. Clause 2.8, “Access, damage etc.” No equivalent provision. Clause 4, “Dams”: 4.1, “Construction and Rules under 12.3, 13.2 and 13.3. alteration” Clause 4, “Dams”: 4.2, “Maintenance and removal” Rules under 13.3 and 13.4. Clause 5, “Underground water”: 5.1 to 5.7 Rules under 12.2 and 14.1. Clause 5, “Underground water”: 5.8, “Control of As it applies to the bed of a lake or river, Rules pile driving, dredging etc” under 13.5. Rules under 14.2. Clause 5, “Underground water”: 5.9, “Pollution of Rules under 12.4 to 12.13. underground water”: 5.9.1 Clause 5, “Underground water”: 5.9, “Pollution of Rules under 14.1 and 14.2. underground water”: 5.9.2 First Schedule No equivalent provision. Second Schedule No equivalent provision. Fifth Schedule No equivalent provision. Sixth Schedule No equivalent provision. Eighth Schedule No equivalent provision. Waitaki Catchment Board and Regional Water Board, Bylaw Confirming Resolution, Hilderthorpe Floodway Bylaw 1988 Clauses 1 to 10 No equivalent provision Taieri River Trust Bylaw No.1 1960 Clauses 1 to 30 No equivalent provision

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14 [Repealed – 1 March 2012]

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15 Schedule of characteristics and numerical limits and targets for good quality water in Otago lakes and rivers Table 15.1 Characteristics indicative of good quality water

Characteristic Description Contaminant effect Clarity When standing in knee-deep water, Sediment reduces the clarity the bed is easily and clearly seen. of water, and has an adverse effect on freshwater fish and invertebrate habitat. Colour Water colour is not altered by A change in colour can be contamination. indicative of contamination Some rivers have natural colour such by sediment or organic as tannin-stain. matter, linked to potentially high concentrations of DRP, NNN, ammoniacal nitrogen or E coli. Sediment Riffles and runs are free of obvious Sediment affects the colour clay and silt deposits. of water, and has an adverse Walking across a riffle or run should effect on freshwater fish and not produce an obvious plume. invertebrate habitat, and can result in high concentrations Some rivers are naturally high in of phosphorus, and allow E sediment. coli to persist. Smell Water is odourless. Smell can be indicative of contamination from a source high in ammoniacal nitrogen or E coli or the decay of excessive amounts of algae which limits people’s opportunity to appreciate water. Algae Filamentous algae in rivers should Excessive nitrogen and cover less than 30% of the river bed. phosphorus contribute to Floating algae occurring in lakes and algal growth which has an rivers should not reduce water clarity. adverse effect on freshwater Algal growth in rivers or lakes should fish and invertebrate habitat, not cause slime on the surface of the amenity and recreation water. values, and angling opportunities. Bank Functioning riparian margins: Healthy riparian margins appearance ▪ Vegetation is healthy. mitigate sediment and nutrient discharges, and ▪ Banks are stable. provide habitat for ▪ No obvious livestock disturbance. invertebrates.

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Table 15.2 Receiving water numerical limits and targets for achieving good quality water

The limits for Groups 1, 2 and 3 are achieved when 80% of samples collected at a site, when flows are at or below median flow, over a rolling 5-year period, meet or are better than the limits in Schedule 15.

A target date of 31 March 2025 is set when the contaminant concentration does not meet the limit as at 31 March 2012.

Table 15.2.1: Receiving Water Group 1

Dissolved Nitrate-nitrite Ammoniacal reactive Escherichia coli Turbidity nitrogen nitrogen phosphorus 0.444 mg/l 0.026 mg/l 0.1 mg/l 260 cfu/100 ml 5 NTU Catlins 31 March 2025 31 March 2012 31 March 2012 31 March 2012 31 March 2025 Careys Creek 31 March 2012 Kaikorai 31 March 2012 31 March 2012 31 March 2012 31 March 2025 31 March 2012 Leith 31 March 2025 31 March 2025 31 March 2012 31 March 2025 31 March 2012 Mokoreta (within 31 March 2025 31 March 2025 31 March 2012 31 March 2025 31 March 2012 Otago) Owaka 31 March 2025 31 March 2025 31 March 2012 31 March 2025 31 March 2025 Pomahaka, downstream of 31 March 2025 31 March 2025 31 March 2012 31 March 2025 31 March 2025 Glenken Tahakopa 31 March 2012 31 March 2012 31 March 2012 31 March 2025 31 March 2025 Tokomairiro 31 March 2012 31 March 2012 31 March 2012 31 March 2025 31 March 2012 Tuapeka 31 March 2025 31 March 2012 31 March 2012 31 March 2012 31 March 2012 Waitahuna 31 March 2012 31 March 2012 31 March 2012 31 March 2025 31 March 2012 Waitati 31 March 2012 31 March 2012 31 March 2012 31 March 2025 31 March 2012 Waiwera 31 March 2025 31 March 2025 31 March 2012 31 March 2025 31 March 2012 Any unlisted tributary on the true right bank of the Clutha/Mata- Au, south of Judge Creek Any unlisted tributary on the true left bank of 31 March 2012 the Clutha/Mata- Au, south of the Tuapeka catchment Any unlisted catchment that discharges to the coast, south of Taieri Mouth

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Table 15.2.2: Receiving Water Group 2

Dissolved Nitrate-nitrite Ammoniacal reactive Escherichia coli Turbidity nitrogen nitrogen phosphorus 0.075 mg/l 0.01 mg/l 0.1 mg/l 260 cfu/100 ml 5 NTU Cardrona 31 March 2012 Clutha/Mata- Au and any unlisted tributary (Luggate to mouth, 31 March 2025 31 March 2012 31 March 2012 31 March 2012 31 March 2025 including Lake Roxburgh, and excluding tributaries described in Group 1) Fraser 31 March 2012 Kakanui 31 March 2025 31March 2025 31 March 2012 31 March 2012 31 March 2012 Kawarau downstream of 31 March 2025 31 March 2012 31 March 2012 31 March 2012 31 March 2012 the Shotover confluence Lake Dunstan 31 March 2012 Lindis 31March 2025 31March 2025 31 March 2012 31 March 2012 31 March 2012 Luggate 31 March 2012 Manuherikia 31 March 2012 31 March 2025 31 March 2012 31 March 2012 31 March 2012 Mill Creek (tributary to 31 March 2025 31 March 2012 31 March 2012 31 March 2012 31 March 2012 Lake Hayes) Pomahaka, upstream of 31 March 2012 Glenken Shag 31 March 2025 31 March 2012 31 March 2012 31 March 2012 31 March 2012 Shotover 31 March 2012 31 March 2012 31 March 2012 31 March 2012 Exempt Taieri 31March 2025 31 March 2025 31 March 2012 31 March 2025 31March 2025 Trotters 31 March 2025 31 March 2012 31 March 2012 31 March 2012 31 March 2012 Waianakarua 31 March 2025 31 March 2012 31 March 2012 31 March 2012 31 March 2012 Waikouaiti 31 March 2012 Waipori Waitaki tributaries 31 March 2025 31March 2025 31 March 2012 31 March 2025 31 March 2012 within Otago Any unlisted catchment that discharges to 31 March 2012 the coast, north of Taieri Mouth

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Table 15.2.3: Receiving Water Group 3

Dissolved Nitrate-nitrite Ammoniacal reactive Escherichia coli Turbidity nitrogen nitrogen phosphorus 0.075 mg/l 0.005 mg/l 0.01 mg/l 50 cfu/100 ml 3 NTU Clutha/Mata- Au, above 31 March 2012 Luggate Dart 31 March 2012 31 March 2012 31 March 2012 31 March 2012 Exempt Kawarau, upstream of the 31 March 2012 Shotover confluence Matukituki 31 March 2012 31 March 2012 31 March 2012 31 March 2012 Exempt Tributaries to Lakes Hawea, 31 March 2012 Wakatipu, & Wanaka

The limits for Groups 4 and 5 are achieved when 80% of samples collected at a site, over a rolling 5-year period, meet or are better than the limits in Schedule 15.

A target date of 31 March 2025 is set when the contaminant concentration does not meet the limit as at 31 March 2012.

Table 15.2.4: Receiving Water Group 4

Total Ammoniacal Total nitrogen Escherichia coli Turbidity phosphorus nitrogen 0.55 mg/l 0.033 mg/l 0.1 mg/l 126 cfu/100 ml 5 NTU Lake Hayes 31 March 2012 31March 2025 31 March 2012 31 March 2012 31 March 2012 Lake Johnson 31March 2025 31March 2025 31 March 2012 31 March 2012 31 March 2012 Lake Onslow 31 March 2012 31March 2025 31 March 2012 31 March 2012 31March 2025 Lake Tuakitoto 31March 2025 31March 2025 31 March 2012 31 March 2025 31March 2025 Lake Waipori 31March 2025 31March 2025 31 March 2012 31 March 2012 31March 2025 & Waihola

Table 15.2.5: Receiving Water Group 5

Total Ammoniacal Total Nitrogen Escherichia coli3 Turbidity Phosphorus nitrogen 0.1 mg/l 0.005mg/l 0.01 mg/l 10 cfu/100 ml 3 NTU Lake Hawea 31 March 2012 Lake Wakatipu 31 March 2012 31March 2025 31 March 2012 31 March 2012 31 March 2012 Lake Wanaka 31 March 2012 mg/l = milligrams per litre cfu/100 ml = colony-forming units per 100 millilitres NTU = nephelometric turbidity units

20-110 Regional Plan: Water for Otago, updated to 1 March 2016

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Map 15.1 Receiving Water Groups

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Table 15.3 Aquifer Concentration Limits

Aquifer/Zone Aquifer N concentration Reason for Limit limit (mg/l)

* * *

* To be populated following aquifer studies

20-112 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 1 6 : D ISCHARGE T HRESHOLDS

16 Schedule of permitted activity discharge thresholds for water quality Schedule 16 describes the thresholds that apply to discharges permitted under Rule 12.C.1.1A in the catchments of each discharge threshold area. Discharge Threshold Areas 1 and 2 catchments are shown on the J-series Maps.

16A Permitted activity discharge thresholds for water quality by discharge threshold area

Discharge Threshold Area 1 Nitrate-nitrite Dissolved reactive Ammoniacal Escherichia coli Catchments nitrogen phosphorus nitrogen

Timeframe 1 April 2026 ▪ Catlins ▪ Careys Creek ▪ Kaikorai ▪ Leith ▪ Mokoreta (within Otago) ▪ Owaka ▪ Pomahaka, downstream of Glenken ▪ Tahakopa ▪ Tokomairiro ▪ Tuapeka ▪ Waitahuna ▪ Waitati 3.6 mg/l 0.045 mg/l 0.2 mg/l 550 cfu/100 ml ▪ Waiwera ▪ Any unlisted tributary on the true right bank of the Clutha/Mata-Au, south of Judge Creek ▪ Any unlisted tributary on the true left bank of the Clutha/Mata-Au, south of the Tuapeka ▪ Any unlisted catchment that discharges to the coast, south of Taieri Mouth

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Discharge Threshold Area 2 Nitrate-nitrite Dissolved reactive Ammoniacal Escherichia coli Catchments nitrogen phosphorus nitrogen

Timeframe 1 April 2026 ▪ Cardrona ▪ Clutha/Mata-Au (above Luggate) ▪ Clutha/Mata-Au and any unlisted tributary (Luggate to mouth, including Lake Roxburgh, and excluding tributaries described in Discharge Threshold Catchment Area 1) ▪ Fraser ▪ Kakanui ▪ Kawarau ▪ Lake Dunstan ▪ Lake Hayes ▪ Lake Hawea and any tributary ▪ Lake Johnson ▪ Lake Onslow ▪ Lake Tuakitoto ▪ Lake Waipori & Waihola ▪ Lake Wakatipu and any 1.0 mg/l 0.035 mg/l 0.2 mg/l 550 cfu/100 ml tributary ▪ Lake Wanaka and any tributary ▪ Lindis ▪ Luggate ▪ Manuherikia ▪ Mill Creek (tributary to Lake Hayes) ▪ Pomahaka, upstream of Glenken ▪ Shag ▪ Shotover ▪ Taieri ▪ Trotters ▪ Waianakarua ▪ Waikouaiti ▪ Waipori ▪ Waitaki tributaries within Otago ▪ Any unlisted catchment that discharges to the coast, north of Taieri Mouth mg/l = milligrams per litre cfu/100 ml = colony-forming units per 100 millilitres

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16B Representative flow monitoring sites and reference flows Map 16B Representative flow monitoring sites for every part of Otago Representative flow monitoring sites are shown on the Water Info website (http://water.orc.govt.nz/WaterInfo/Default.aspx).

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Table 16B Reference flows at each representative flow monitoring site Reference flows are fixed and have been calculated using median flow data from 01/01/2007 to 01/01/2013. River flows for Otago are available on the Water Info website (http://water.orc.govt.nz/WaterInfo/Default.aspx).

Monitoring Flow Site Reference flow (cumecs) Bengerburn at Booths 0.37

Cardrona at Mt Barker 1.95

Catlins at Houipapa 2.34 Dart at The Hillocks 51.49

Kakanui at Clifton Falls Bridge 1.29

Leith at University Foot Bridge 0.34 Lindis at Ardgour Road 3.50

Lindis at Lindis Peak 3.51

Lovells Creek at SH1 0.14

Manuherikia at Campground 11.60

Manuherikia at Ophir 8.01

Matukituki at West Wanaka 44.99

Mill Creek at Fish Trap 0.35

Nevis at Wentworth Station 7.25

Pomahaka at Burkes Ford 15.48

Pomahaka at Glenken 7.00

Shag at Craig Road 0.65

Shotover at Peats 18.12

Silverstream at Gordon Road 0.30

Taieri at Canadian Flat 2.45 Taieri at Outram 15.86

Taieri at Sutton 10.52

Taieri at Tiroiti 7.88 Taieri at Waipiata 6.02

Tokomairiro at West Branch Bridge 0.44

Waianakarua at Browns 0.78 Waikouaiti at Confluence 1.34

Waitahuna at Tweeds Bridge 1.55

Waiwera at Maws Farm 1.58

20-116 Regional Plan: Water for Otago, updated to 1 March 2016

S CHEDULE 1 7 : R ULES APPLYING TO PLANTATION FORESTRY IN O TAGO

17 Schedule of rules applying to plantation forestry in Otago The Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017 (NES-PF) came into effect on 1 May 2018. The regulation set out rules for core plantation forestry activities and apply to any forest larger than one hectare, planted specifically for commercial activities and harvest. In general, the standards prevail over rules in regional and district plans, however, in some cases stricter rules in this Plan may apply. The standards are online here: http://www.legislation.govt.nz/regulation/public/2017/0174/latest/whole.html 1 In this Plan, stricter rules apply that give effect to Objective A1 of the National Policy Statement for Freshwater Management: To safeguard the life-supporting capacity, ecosystem processes and indigenous species including their associated ecosystems of fresh water, in sustainably managing the use and development of land, and of discharges of contaminants. Stricter Water Plan rules are applied: • In accordance with Regulation 6 of the NES-PF; • To achieve Objective 7.A.2 in the Water Plan, in accordance with Policy 7.B.2 in the Water Plan; and • In particular, to protect indigenous non-migratory fish such as galaxiid species, which are classified as threatened and are particularly vulnerable to habitat disturbance and sedimentation. For this reason, some rules in sections 12.C and 13.5 of this Plan prevail over the NES-PF in accordance with Section 43A(1) of the RMA. A summary of the rules that apply to plantation forestry in Otago is in Table 17.1 below.

1 Link to Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017, retrieved 29 March 2018.

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S CHEDULE 1 7 : R ULES APPLYING TO PLANTATION FORESTRY IN O TAGO Table 17.1 Rules for Plantation Forestry in Otago

National Environmental Standards for Regional Plan: Water for Otago Plantation Forestry (Part 2)

Subpart 1 – Afforestation All regulations apply Not applicable.

Subpart 8 – Replanting All regulations apply

Subpart 2 – Pruning and thinning to waste Chapter 12: Rules Water Take, Use All regulations apply & Management 12.C Other discharges Subpart 3 – Earthworks All regulations apply, except 26 replaced 12.C.1 Permitted activities: No (see opposite and 13.5 rules below in relation resource consent to ephemeral rivers) required

Subpart 5 – Forest quarrying 12.C.1.1 (d) (e) (f), All regulations apply, except 56 (1) replaced excluding (iii) (see opposite) 12.C.2 Restricted Subpart 6 – Harvesting discretionary activities: Resource All regulations apply, except 65 replaced consent required (see opposite). 12.C.2.1 Subpart 7 – Mechanical land preparation 12.C.2.2 All regulations apply, except 74 (6) replaced (see opposite) 12.C.2.4

Subpart 9 – Ancillary activities 12.C.3 Discretionary All regulations apply, except 90 replaced activities: Resource consent required (see opposite) 12.C.3.2 Table continues next page.

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Table 17.1 Rules for Plantation Forestry in Otago continued

National Environmental Standards for Regional Plan: Water for Otago Plantation Forestry (Part 2)

Subpart 3 – Earthworks Chapter 13: Rules: Land Use on Lake or All regulations apply (except 26 replaced, see River Beds or Regionally above). In addition to 28(2), 13.5.3.1 rule Significant Wetlands opposite also applies for ephemeral flow 13.5 Alteration of the bed of a lake or paths. river, or of a Regionally Significant Wetland Subpart 4 – River Crossings All regulations apply. In addition to 44, 13.5.1 Permitted activities: No 13.5.1.1(g) rule opposite applies, if this rule resource consent required. cannot be met then 13.5.3.1 applies. 13.5.1.1 (g) Subpart 6 – Harvesting 13.5.3 Discretionary activities: All regulations apply. In addition to 68(3), Resource consent required rule 13.5.3.1 opposite applies if logs are to be dragged through streams less than 3 metres 13.5.3.1 wide.

Subpart 9 – Ancillary activities All regulations apply. In addition to 89, 13.5.1.1(g) rule opposite applies, if this rule cannot be met then 13.5.3.1 applies.

Subpart 10 – General provisions All regulations apply. In addition to 97, rule 13.5.3.1 opposite also applies to any bed disturbance outside fish spawning seasons as defined by the Fish Spawning Indicator.2

2 This is an online mapping tool developed by the Ministry for Primary Industries, which can be found on its website: https://www.mpi.govt.nz/growing-and-harvesting/forestry/national-environmental-standards- for-plantation-forestry/fish-spawning-indicator/

Regional Plan: Water for Otago, updated to 1 July 2018 20-119

SCHEDULE 18

18. Schedule of effluent pond drop test requirements and criteria Part B: This schedule outlines the requirements for undertaking pond drop tests on storage Animal ponds that are part of an animal waste system and the pass criteria for drop test waste results. storage and application Requirements

• Testing is undertaken over a minimum period of 48 hours. • Testing recording equipment is to be accurate to 0.8 mm or less. • Continuous readings are to be taken over the entire test period at not more than 10 second intervals. • Any change in pond fluid level over the test period needs to be accounted for. • Ponds must be at or over 75% design depth before a test can be undertaken. • The pond has been de-sludged in the 12 months prior to the test being undertaken and there is no sludge or crust on the pond surface during the test. • The pond surface is not frozen during any part of the testing. • An anemometer is installed for the duration of the test and wind speed is at 10 metres per second or less for at least 24 hours during the test.

Criteria

When tested in accordance with the requirements above, the pond is considered to meet the pond drop test criteria if the maximum pond level drop does not exceed the following:

Maximum depth of pond (m) Maximum allowable pond level excluding freeboard drop (mm per 24 hours) <0.5 1.2 0.5 to 1.0 1.4 1.0 to 1.5 1.6 1.5 to 2.0 1.8 >2.0 2.0

Regional Plan: Water for Otago, updated to 1 July 2018 20-121

19. Schedule of progressive implementation of animal waste storage requirements Part B: Animal Many animal waste systems in Otago will need to be upgraded to meet the waste requirements of this Plan. The intent of this Schedule is to stage implementation of storage and the Plan’s requirements according to the environmental risk posed by existing application systems. To assess this risk, Schedule 19 provides two calculations that will determine the current storage volume available on a landholding (in days) as follows:

• Schedule 19A sets out the calculations required to determine days of storage available on a landholding. • Schedule 19B sets out the date by which a complete resource consent application must be lodged with the Otago Regional Council under Rule 14.7.3.1 (and correspondingly Rule 14.7.1.2 ceases to apply). A complete application is one that is not determined as being incomplete by the Otago Regional Council pursuant to section 88 of the Resource Management Act 1991.

19A Storage calculation Two calculations are required to determine the current minimum number of days of animal waste storage available on a landholding. These are set out below.

Step One: Daily waste volume

To calculate the daily waste volume per farm, use the following formula:

Maximum number of times Maximum Daily waste per day that = number of cows x 0.05^ x volume (m3) cows are milked milked per day during milking season

^ being 0.05 cubic metres (50 litres per cow per day)

For example: During milking season, Farm A milks 500 cows twice per day. Using the formula above:

Daily waste volume (m3 ) = 500 x 0.05 x 2

Daily waste volume (m3 ) = 50

Step Two:

To calculate the minimum number of days of storage available, use the following formula:

Days of storage 3 3 available = Actual storage volume (m )^ ÷ Daily waste volume (m )

^ determined assuming that the storage facility is empty

For example:

As calculated above, Farm A has a daily waste volume of 50 m3. The farm has a storage pond with a storage volume of 1000 m3. Using the formula above:

Days of storage available = 1000 ÷ 50

Days of storage available = 20

Using the table in Schedule 19B, Otago Regional Council must receive a complete resource consent application under Rule 14.7.3.1 from Farm A no later than two years from the date Plan Change 8 is made operative.

19B Application dates The following table sets out the dates by which complete resource consent applications must be received under Rule 14.7.3.1 (and correspondingly Rule 14.7.1.2 ceases to apply). The “application date” is the date Plan Change 8 is made operative, plus the number of years in the “year” column below.

Days of storage available Year as calculated in accordance with Schedule 19B 0 – 10 0.5 11 – 40 2 41+ 3

21 Glossary

The table below only contains the Plan’s definitions which are particularly relevant for this plan change

Agricultural waste Waste from an agricultural process or premises that is derived from primary agricultural production. This includes animal waste and animal dip material.

Animal waste Faeces or urine from any animal.

Animal waste Includes Means the collection, conveyance, storage, treatment, system disposal or application of liquid or solid animal waste.

Dairy Effluent Means the Dairy Effluent Storage Calculator available from Otago Storage Regional Council’s website at http://www.orc.govt.nz/ Calculator

Suitably Qualified A person that has been assessed and approved by the Otago Regional Person Council as being appropriately qualified, experienced and competent in the relevant field of expertise.

Critical source Means a landscape feature such as a gully, swale, or depression that area accumulates runoff from adjacent flats and slopes and delivers it to surface water body such as rivers and lakes, artificial waterways, and field tiles.

Feed pad Any confined, uncovered structure, located on production land, which is designed for the purpose of controlled intensive feeding of stock with supplementary feed.

Sacrifice paddock Any paddock which is set aside for the prolonged confinement and the controlled, intensive feeding of stock with supplementary feed, in order to avoid damage to their usual pasture.

Stand-off pad Any purpose-built uncovered area, located on production land, for the confinement of stock in order to avoid damage to their usual pasture.

Intensive grazing Means grazing of stock on forage crops (including brassica, beet and root vegetable crops), excluding pasture and cereal crops.

Dairy cattle Means cattle farmed for milk production and includes dairy cows, weaned and unweaned calves of dairy cows, and non-milking dairy cattle such as youngstock and bulls.

Sediment trap An excavated area in the bed of an ephemeral or intermittently flowing river designed and constructed solely for the purpose of slowing water velocity to allow sediments to drop from the water column. Earthworks Means the alteration or disturbance of land, including by moving, removing, placing, blading, cutting, contouring, filling or excavation of earth (or any matter constituting the land including soil, clay, sand and rock); but excludes gardening, cultivation, and disturbance of land for the installation of fence posts.

APPENDIX G RELEVANT CHAPTERS OF THE REGIONAL PLAN: WASTE FOR OTAGO 6 H azar dous Subst an ces an d H azar dous Wast es 6 HAZARDOUS SUBSTANCES AND WASTES

6.1 Introduction

Hazardous substances are substances which impair human, plant or animal health, or which may adversely affect the health or safety of any person or the environment, whether or not they are contained in or form part of any other substance or thing. Hazardous waste includes hazardous substances which have not been used and require disposal, the residue of hazardous substances which have been used, and require disposal, and waste material containing hazardous substances.

Hazardous substances, while posing a potential threat to the environment can be of benefit to society. They include pesticides, batteries, cleaners, printing inks, petrol, oil and paint, and are used by local businesses in the process of manufacturing products or providing services.

Hazardous substances are more of a problem after use, either when surplus amounts are stored inappropriately, or are to be disposed of. It is at this time that there is a greater risk of adverse effects on the environment, and for that reason the Otago Regional Council considers that it is more important to focus on the storage, transportation and disposal of hazardous wastes than on hazardous substances. However, reducing the use of hazardous substances where practical alternatives exist, will assist in reducing levels of hazardous waste.

6.1.1 Roles of agencies

The management of hazardous substances and hazardous wastes is a very complex area. A large number of agencies have responsibilities at different stages of the life cycle of hazardous substances and there is little coordination between them.

Hazardous substances are presently regulated under the Explosives Act 1957, administered by the Occupational Safety and Health Service of the Department of Labour, the Dangerous Goods Act 1974, administered by territorial authorities, the Toxic Substances Act 1979, administered by the Toxic Substances Board, and the Pesticides Act 1979, administered by the Pesticides Board. Some hazardous substances are regulated under the Animal Remedies Act 1967, and administered by the Animal Remedies Board.

These statutes are to be replaced by the Hazardous Substances and New Organisms Act 1996. The aim of the proposed Act is to provide a comprehensive and consistent approach to the management of all hazardous substances and new organisms. It establishes a new statutory body, the Environment Risk Management Authority (ERMA) to assess and develop controls for the importation, manufacture, development, and release within New Zealand of hazardous substances and new organisms.

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The new body was foreshadowed in Part XII of the Resource Management Act. This set up a body called the Hazardous Control Commission. The body was never formally established and Part XII of the Resource Management Act never came into force.

Under the Resource Management Act, territorial authorities and regional councils have responsibilities for controlling the use of land related to hazardous substances. Section 62(1)(ha) of the Resource Management Act requires that regional policy statements shall state for the region or any part of the region, which local authority shall have responsibility within its own area for developing objectives, policies and rules relating to the control of the use of land for the prevention or mitigation of any adverse effects of the storage, use, disposal and transportation of hazardous substances, and may state particular responsibilities for particular hazardous substances; but if no responsibilities for hazardous substances are identified in the regional policy statement the regional council shall retain responsibility for the hazardous substance.

In terms of Section 62(1)(ha) of the Resource Management Act, the Regional Policy Statement for Otago indicates that:

(a) Territorial authorities have responsibility within their own areas for the preparation of objectives, policies and rules relating to the control of the use of land for the purpose of the prevention or mitigation of any adverse effects of the storage, use, disposal or transportation, with respect to all hazardous substances.

(b) The Otago Regional Council, as appropriate, through a regional plan, will develop objectives, policies, rules and other methods relating to the use of land for the purpose of the prevention or mitigation of any adverse effects of the storage, use, disposal and transportation of hazardous substances regarding:

• The location of hazardous facilities or pipelines for the bulk conveyance of hazardous substances in relation to groundwater infiltration areas, or in close proximity to surfacewater resources, or in close proximity to the coastal marine area, or on soils particularly valued for their primary productive capability; or • Situations where the actual or potential effects may be of regional significance.

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6.1.2 Types of hazardous wastes

Typical types of hazardous waste identified in the Otago region include:

6.1.2.1 Unused agricultural / horticultural chemicals

Unused agricultural/horticultural chemicals (agrichemicals) may be stored on farms, orchards, nurseries, or in urban areas. These have the potential to cause environmental damage if containers are broken or poorly sealed. Unlabelled containers are also a problem.

It is difficult to accurately assess the amount and types of unwanted agrichemicals within Otago. Most chemicals are freely available and quantities dispersed throughout the region are rarely verifiable. Also, some of the chemicals being stored long term may actually be used at some time in the future.

6.1.2.2 Waste lubricating oil

Waste lubricating oil accounts for possibly the largest quantity of low toxicity waste generated. All motor vehicle users generate waste oil and it is also produced wherever machinery is used. Oil has adverse environmental effects on any receiving waters or land. The toxicity of oil derives from heavy metal additives or combustion products.

The Waste Lubricating Oil Survey of Otago (Otago Regional Council 1991) estimated that 700,000 litres of waste lubricating oil are generated in Otago annually. Of this, 250,000 litres are re-refined for fuel, and a further 200,000 litres are re-refined for lube use. Due to the availability of cheaper overseas oil the volume re-refined for lube use in Otago has significantly decreased over recent years. There are also problems in the refining process, as disposal of acid tar is required.

Over 200,000 litres of waste lubricating oil per year is disposed of by inappropriate or unknown methods, or is being stored prior to treatment or disposal. Waste lubricating oil has been disposed of into the ground, burnt, or spread over roads as a dust suppressant.

Re-refining waste lubricating oil for use as a fuel for industrial use can potentially use much of the waste lubricating oil produced in the South Island.

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6.1.2.3 Medical wastes

The composition of medical waste has changed in recent years owing to changes in surgical and clinical procedures as well as an increase in the use of disposable items with sterile packaging. The increase in the use of disposable items can be attributed to concerns about infection and the fact that disposable items are generally cheaper to purchase than reusable items.

Medical wastes are defined by the Health Care Waste Management Standard NZS 4304:1990 into the following categories:

(a) General medical wastes - These are non-problematic, being similar to domestic wastes. They are divided into ordinary and kitchen wastes;

(b) Special medical wastes - These are hazardous, or aesthetically obnoxious, and require special attention to ensure safe disposal. They include: (i) anatomical waste including any associated swabs and dressings; (ii) soiled dressings and contaminated wastes; (iii) materials other than those to be recycled; (iv) disposal items such as syringes, hypodermic, and plastic articles such as probes, tubes, urine containers, bed pans, gloves, masks, syringe bottles, broken glass, etc; (v) sharps such as needles, scalpels, razor blades etc; (vi) specific wastes needing special disposal methods; (vii) wastes from laboratories and post-mortems waste other than that classified in the first three items above; (viii) pharmaceutical and chemical wastes; and (ix) wastes other than the above that are defined in Appendix A of NZS 4304:1990.

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(d) Radioactive wastes.

These wastes are produced by a range of facilities including hospitals, doctors’ surgeries, dental surgeries, blood transfusion centres, medical research establishments, nursing homes, private homes where patients are being treated, pharmacies, veterinary clinics and boarding kennels. The major generators of this waste in Otago are hospitals. Most waste from hospitals and dental surgeries and some waste from doctors’ surgeries is collected and disposed of by high temperature incineration. Medical wastes not collected are disposed of into general refuse.

Since the late 1980s, high temperature incineration has been the favoured treatment for special wastes in Otago. At the time of its introduction it was the only adequate treatment technology available. Recently however, other technologies have been developed. These include treatment autoclaving, which involves steam sterilisation prior to managed disposal to a co-disposal landfill.

The management of medical wastes must comply with the Health Care Waste Management Standard NZS 4304:1990. This standard has been prepared to rationalise and recommend methods for the management of health care wastes within New Zealand. The Standard has three objectives:

(a) To identify and define health care wastes;

(b) To offer guidance to designers and operators of establishments responsible for generating such wastes to enable them to be safely and economically disposed of; and

In relation to treatment prior to disposal of health care wastes, Paragraph 14.2.3 of NZS 4304:1990 considers autoclaving of special medical waste as a possibility. Within Otago autoclave treatment is only considered appropriate for a portion of special medical wastes and its success is very much dependent on the waste segregation within the medical facility. Inadequate waste segregation may pose potential adverse environmental effects, in that sharps, cytotoxics or body parts may accidentally undergo autoclave treatment and then disposal to a landfill. To avoid, remedy or mitigate any adverse effects associated

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with special medical waste being disposed of at landfills, incineration of special medical waste is the only acceptable form of treatment.

6.1.2.4 Radioactive wastes

No radioactive waste should be disposed of without first consulting the National Radiation Laboratory.

The quantity of radioactive wastes produced in New Zealand is small on an international scale. In Otago the majority of radioactive waste originates from laboratories and hospitals where it is used primarily for diagnostic tests and treatment.

The disposal of radioactive waste in New Zealand is restricted by the Radioactive Protection Regulations 1982.

6.1.2.5 Other significant sources of hazardous wastes

Other significant sources of hazardous wastes are generally confined to the industrial sector, and result from, for example, building construction, dielectric fluids in electrical equipment, timber treatment plants, tanneries and mining processes.

Particular problem wastes include batteries, Polychlorinated biphenyl (PCB) containing materials, (Chlorofluorcarbons) CFCs and HCFCs and asbestos. It is noted that the Ministry of Health and Department of Labour should be contacted prior to any work involving asbestos being carried out.

6.1.3 The Management of Hazardous Waste

The process for the management of potentially hazardous wastes includes:

• collection; • storage; • treatment; and • disposal.

Figure 3 shows a methodology for evaluating the waste production process and the management of potentially hazardous waste. The importance of cleaner production and waste minimisation is

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recognised in Chapter 4 of this Plan. A significant matter of concern that is identified in Figure 3 is the degree of pre-treatment which should be provided prior to disposal of hazardous waste. This Plan adopts the philosophy that pre-treatment should be provided to a level which will prevent or minimise the adverse effects on the environment.

The main means of disposing of hazardous wastes are incineration, co-disposal, exportation of hazardous waste unsuitable for disposal in New Zealand, and the unacceptable disposal to the sewer or stormwater systems.

In the majority of situations co-disposal landfills are recognised as the preferred method of hazardous waste disposal in New Zealand. Co-disposal involves the disposal of appropriate hazardous wastes by mixing them, in an informed and pre-determined manner, with municipal refuse, to use the attenuation and bio-chemical processes operating within the landfill to reduce the environmental impact from the mixed waste to an insignificant level. Many hazardous wastes can be co-disposed without treatment. However, the suitability of wastes for disposal at a co-disposal landfill must be considered on a case by case basis.

Incineration on the other hand is the best available method for the total destruction of some types of hazardous waste. As yet though there is only one facility in New Zealand (Auckland) for the incineration of hazardous waste.

At some stage in their life cycle most hazardous substances require transport, during which people and the environment may be at risk from accidental release of a hazardous waste. Transport may be by air, sea, rail, or road, and may involve anything from small quantities to the haulage of bulk material such as tanker loads of petrol or LPG. Practices for the safe transport of waste hazardous substances are outlined in NZS 5433:1988 “Code of Practice for the Transport of Hazardous Substances on Land.” The Transport Act 1962 and the Health and Safety in Employment Act 1992 are also relevant. All of these provisions are, however, currently under review.

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Process

Can process Yes Replace be changed to produce less or process no waste?

Are there Introduce opportunities for Yes waste minimisation waste by reuse or minimisation recycling?

Are there Yes Introduce opportunities for waste materials or energy recovery? utilisation

Is waste No hazardous?

Can process Yes Change be changed to produce waste with lesser process hazard?

Are processes Yes Treat available to reduce wastes or remove waste hazard?

Are Are Yes wastes Yes Co-disposal residues suitable for hazardous? co-disposal?

Waste must be Manage as appropriately normal waste stored

Figure 3: Evaluation of a waste producing process and the management of potentially hazardous waste. (Adapted from Ministry for the Environment (1993) New Zealand Waste Hazardous Substances Handbook, Figure 3.1 & 3.2).

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6.2 Hazardous substances and hazardous waste issues

6.2.1 There is insufficient information on hazardous substances and hazardous waste within Otago.

Explanation In the past, the quantities and types of hazardous substances used or produced have rarely been inventoried, and their location, including the site of disposal, has rarely been recorded. Currently there is no system in place for tracking hazardous substances produced in the region or for monitoring their associated storage or disposal. For example, there may be significant amounts of unused agricultural chemicals stored in Otago. Some of this may be at risk in rusting or leaking containers, in areas prone to flooding, or in water supply areas. In addition, quantities of unused or partially used hazardous substances have been disposed of into landfills in containers liable to leak into the surrounding soil and groundwater. All of these actions are likely to give rise to adverse environmental effects. Objectives 6.3.1, 5.3.2 Policies 6.4.2, 6.4.3

6.2.2 There is a lack of awareness or implementation of appropriate management practices for the transportation, storage and use of hazardous substances, and the collection, storage, treatment and disposal of hazardous waste.

Explanation Industrial, commercial, and private users of hazardous substances are generally poorly informed about the appropriate means of handling, using and disposing of hazardous substances. Disposal into sewerage and stormwater systems or into landfills, excluding approved co-disposal landfills, is not appropriate for many types of substances. While transport operators have requirements to comply with, to ensure safe movement of hazardous substances throughout the region, controls do not apply to the same degree to other aspects of hazardous substance use and storage. Little information or guidance is given to the public either. Where accidental spills do occur special procedures need to be implemented in order that environmental contamination does not occur.

There is also a need for improved practices of spray application of hazardous substances to prevent the incidence of spray drift occurring from areas of application. Careful use of hazardous substances will also reduce wastage and losses to the environment. By obtaining and using only the required amounts of a substance, there will be less wastage and less storage of hazardous substances

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throughout the region. Waste minimisation and cleaner production also have a role prior to any treatment or disposal. Objectives 6.3.1, 6.3.2 Policies 6.4.1, 6.4.7, 6.4.8

6.2.3 There is insufficient use of alternatives to hazardous substances.

Explanation Alternatives to hazardous substances that will achieve the same purposes without adverse environmental and health risks may be available. Their further development and use could be promoted and encouraged. Objective 6.3.1 Policy 6.4.6

6.2.4 Facilities for the disposal of hazardous wastes in Otago are inadequate.

Explanation Correct disposal of hazardous wastes requires an integrated regional programme to ensure that the community has access to appropriate facilities. For some hazardous wastes there is no safe disposal option presently available in New Zealand, and as a consequence it will be necessary to provide safe storage facilities until disposal can be arranged, or new technology can be developed. Further investigation is required in order to determine whether such facilities should be provided for in Otago or shared with other regions. Objectives 6.3.1, 6.3.2 Policies 6.4.1, 6.4.7, 6.4.11

6.2.5 Hazardous substances and hazardous wastes have an adverse effect on the environment.

Explanation Adverse environmental effects, such as the contamination of water or soils, can result from spills, unsuitable storage, inappropriate usage and disposal. This includes agricultural chemicals and the spreading of waste oil on roads. Objectives 6.3.1, 6.3.2 Policies 6.4.1 - 6.4.12

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6.2.6 Hazardous substances and hazardous wastes can adversely effect waahi taoka, waahi tapu and mahika kai thus affecting the customary relationship Manawhenua hold with their resources.

Explanation Contamination of resources by hazardous substances and hazardous wastes is offensive to Manawhenua , physically making sites unsuitable for food gathering, or ecologically resulting in flora and fauna being unfit for human consumption, and culturally and spiritually affecting the values and mauri of an area. Objective 6.3.2 Policy 6.4.12

6.3 Hazardous substances and hazardous waste objectives

6.3.1 To avoid, remedy and mitigate the risk to the environment and human health from hazardous substances and hazardous wastes.

Explanation Otago’s environment, including its communities, must be protected from the adverse effects of hazardous substances and hazardous wastes, associated with legitimate activities, or which arise by way of accidents. Policies 6.4.1 - 6.4.12 Methods 6.5.1 - 6.5.25 Rules 6.6.1 - 6.6.34

6.3.2 To avoid, remedy and mitigate the harmful effects of hazardous substances and hazardous wastes on traditional water, land and mahika kai values of importance to Kai Tahu.

Explanation Kai Tahu have an inherent interest in maintaining the environment’s ability to sustain life. Traditional values rely on uncontaminated natural resources for their utilisation and enjoyment. Policy 6.4.12 Method 6.5.24

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Principal reasons for adopting hazardous substances and hazardous wastes objectives

Adverse effects on natural and physical resources, such as the contamination of water or soils, and impacts on social and cultural values can result from spills, inappropriate storage of hazardous substances and the disposal of hazardous wastes, and the uncontrolled use of hazardous substances. The Resource Management Act requires that such adverse effects be avoided, remedied or mitigated, and this Plan seeks to do that.

6.4 Hazardous substances and hazardous waste policies

6.4.1 To promote the safe transportation, and the use, treatment, storage and disposal of hazardous substances and hazardous wastes in such a manner that avoids adverse environmental effects.

Explanation Promotion can take a number of forms. Codes of practice accepted and adopted by industrial producers, users, and transporters of hazardous substances will encourage wise and safe management of the large quantities of hazardous substances handled by these groups. There are also various codes of practice already in existence, in addition to guidelines and New Zealand Standards, such as the NRL C1 Code of Safe Practice for the Use of Unsealed Radioactive Materials and the NRL C2 Code of Safe Practice for the Use of Sealed Radioactive Materials in Industry and the Health Care Waste Management Standard NZS 4304:1990.

Improved awareness and understanding of hazardous substance and hazardous waste issues can also result in more responsible use and handling of hazardous substances. Methods 6.5.5, 6.5.6, 6.5.8 - 6.5.12, 6.5.17 - 6.5.25

6.4.2 To encourage the implementation of a standard system for collecting data on hazardous substances held, used and transported within Otago.

Explanation In order to be able to better understand the amount of hazardous waste produced and to minimise any adverse effects on the environment, data on the sources, types and fate of hazardous substances is required. That data will be of most value if it is regionally and nationally consistent. At the national level the Ministry for the Environment has developed the Waste Analysis Protocol as a tool for gathering

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information on the waste stream in general, and as a consequence on hazardous substances also. The Protocol is nationally accepted and will be promoted by the Otago Regional Council as a basis for collecting information in the region. Method 6.5.1

6.4.3 To promote a manifest and tracking system for highly hazardous substances and hazardous wastes.

Explanation Tracking the movement of hazardous substances and hazardous wastes is one means of obtaining information on the location and quantities of the more toxic hazardous substances and hazardous wastes. Under the Health Act 1956, the Ministry of Health presently tracks the movement of PCB’s and radioactive materials. Current legislation does not provide for other material to be tracked, although the proposed Hazardous Substances and New Organisms legislation could alter that. In the meantime the Otago Regional Council will promote the introduction of a tracking system for highly hazardous substances and hazardous wastes, and will work with all sectors to determine the appropriate means of tracking and the substances and wastes that should be tracked. The Otago Regional Council will offer its facilities for the storage of information. This may identify opportunities for reuse and recycling, and highlight particular resource management issues that need to be considered. Method 6.5.2

6.4.4 To encourage and facilitate the reuse, recycling and recovery of hazardous substances.

Explanation Reducing the disposal of wastes can be brought about through increasing the amount of reuse, recycling and recovery of hazardous substances. Waste is also minimised by ensuring that the right quantities of hazardous substances are purchased for the purpose intended. This is recognised in Chapter 4 of this Plan. Methods 6.5.4, 6.5.5, 6.5.6, 6.5.11, 6.5.14, 6.5.20

6.4.5 To promote a reduction in the quantities of hazardous substances held and used in the community.

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Explanation Reductions in the volumes of hazardous substances within the region could reduce the adverse effects that arise from the storage and disposal of surplus hazardous substances. The Otago Regional Council will advocate to central government to reduce the use of hazardous substances while at the same time encouraging users to only purchase the amounts that they require. In some instances suitable alternative options may not exist, and in those instances the ability to reduce the quantities of hazardous substances held and in use may be limited. Methods 6.5.3, 6.5.7

6.4.6 To promote the development and use of environmentally safe alternatives to hazardous substances.

Explanation Safer alternatives to some hazardous substances, such as biological pest control and more environmentally friendly industrial processes are currently available or are being developed. The development and use of these alternatives should be encouraged where they are available and practical providing it is shown that environmental degradation will not occur. Methods 6.5.3, 6.5.7, 6.5.16, 6.5.22

6.4.7 To promote regionally coordinated collection, storage, treatment and disposal of hazardous waste.

Explanation Only through a regionally coordinated programme can the Otago community respond to initiatives to remove unused or unwanted hazardous substances from the environment. Safe collection, storage, treatment and disposal alternatives significantly reduce the risk of unwanted hazardous wastes being dumped or spilt into water or onto land.

The Otago Regional Council will develop a regional strategy for the collection, storage, treatment and disposal of hazardous waste. This will require investigating the needs of the region and determining the most appropriate means of providing for those needs. The outcome may be the identification of the need for a regional storage or disposal facility within Otago, or the sharing of facilities, within or outside Otago, with other regions. If an Otago facility is required, consideration will be necessary to determine if local government or some private operator should develop and maintain the facility. Resolution of that issue is outside the scope of this Plan. Methods 6.5.5, 6.5.10, 6.5.14, 6.5.17, 6.5.20

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6.4.8 To promote the treatment of hazardous wastes prior to disposal.

Explanation There are a range of established treatment and disposal options that can be appropriately used in the management of hazardous wastes. By undertaking such treatment, the likelihood of long-term adverse effects will be reduced, and risks to public health can be minimised. Methods 6.5.15, 6.5.23

6.4.9 To develop a coordinated response strategy for hazardous spills.

Explanation The potential for major incidents involving hazardous substances and hazardous wastes, and the effects of such incidents can be minimised by good management, anticipation and proper planning. This will require response plans to be prepared at territorial, regional and national levels, and for their coordination to ensure all eventualities are provided for. Methods 6.5.13, 6.5.21

6.4.10 To discourage prevent waste oil being used as a dust suppressant and provide for the use of safer alternatives.

Explanation In parts of Central Otago, waste oil is has historically been used as a dust suppressant on roads. This practice can give rise to environmental contamination as a consequence of heavy metals and other noxious elements within the oil entering the ground in the areas treated, and water bodies where runoff occurs. Wind or traffic derived dust can spread the contamination and, depending on the nature of the substances, these can be a hazard to public health. Present technologies identify lead concentrations to be of greatest concern. With safer alternatives now more readily available, waste oil should no longer be applied as a dust suppressant.

In the absence of other practical alternatives, continuation of this practice is expected. As the activity does involve a discharge to land, and in some cases results in contamination of water, it is a practice that should be undertaken with care. Methods 6.5.3, 6.5.22, 6.5.25

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6.4.11 To require:

(a) Special medical waste to be disposed of by high temperature incineration; and

(b) General medical waste to be treated, and disposed of in a manner which minimises risk to people and the environment.

Explanation In order to avoid, remedy or mitigate the adverse effects resulting from medical wastes within Otago there is a need to ensure that adequate treatment and disposal is employed to effectively deal with medical wastes. In respect of special medical wastes it is considered that autoclaving treatment prior to disposal does not render such wastes completely innocuous. Methods 6.5.15, 6.5.18

6.4.12 To recognise and provide for the relationship Kai Tahu have with Otago’s natural and physical resources through:

(a) Providing for the management and disposal of Otago’s hazardous substances and hazardous wastes in a manner which takes into account Kai Tahu cultural values; and (b) Supporting hazardous waste disposal methods which avoid, remedy or mitigate adverse effects on the environment and the mauri of its natural and physical resources; and (c) Protecting waahi tapu and waahi taoka from hazardous waste management practices; and (d) Ensuring that Kai Tahu access to waahi tapu and waahi taoka is not compromised by waste management practices; and (e) Acknowledging that future generations will inherit the results of good and bad waste management practices; and (f) Maintaining consultation with Kai Tahu on issues relating to hazardous substances and hazardous waste management.

Explanation Traditional Manawhenua values are especially sensitive to the quality of our environment. Hazardous substances and hazardous wastes have the potential to adversely affect Manawhenua use of natural and physical resources if these resources become contaminated or destroyed. Monitoring and evaluating the effects on traditional Manawhenua values will enable a holistic view of the adverse effects on the environment. Method 6.5.24 Principal reasons for adopting hazardous substances and hazardous wastes policies

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The management of hazardous substances and hazardous waste needs to be considered in a coordinated way, focusing on all stages from production to disposal. As a consequence, a range of policies is required to respond to the resource management issues that have been identified.

The legislative framework for the management of hazardous substances and hazardous wastes is not complete at this time, and as a consequence the Regional Policy Statement for Otago is the key document within the Region for the management of hazardous substances and hazardous wastes in a coordinated manner. This Plan seeks to implement the objectives and policies of the Regional Policy Statement for Otago, and to provide for relevant issues to be dealt with, to the extent possible, under existing legislation. For that reason, on some issues advocacy will be the main means of implementation.

6.5 Hazardous substances and hazardous waste methods

In meeting the objectives and in carrying out the policies relating to hazardous substances and hazardous wastes the Otago Regional Council will:

6.5.1 Promote the use of the Waste Analysis Protocol as a basis for tracking hazardous materials in Otago;

6.5.2 Promote a nationally consistent manifest system for tracking highly hazardous substances and hazardous wastes;

6.5.3 Promote the replacement of hazardous substances with non- hazardous substances and encourage the use of safer alternatives where appropriate and practicable;

6.5.4 Promote and facilitate reuse, recycling and recovery of hazardous substances, including unused chemicals and lubricating oil;

6.5.5 Promote the development and implementation of voluntary take- back schemes for:

• lubricating oils; • timber treatment chemicals; • pesticides; • animal remedies; • chlorinated solvents; and • batteries;

6.5.6 Advocate to central government to promote the recycling and reuse of waste engine oil by the removal of positive disincentives (duty and tax) and the adoption of policies to promote reuse, on

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the basis of environmental damage resulting from dumping of this hazardous waste;

6.5.7 Encourage the use of waste audit procedures to identify and implement waste elimination opportunities;

6.5.8 Encourage the formation of industry groups to share information and develop industry guidelines on the safe use and storage of hazardous substances, and storage and disposal of hazardous wastes;

6.5.9 Encourage territorial authorities to adopt the New Zealand Standard Waste Water Bylaw (1995) to ensure that hazardous wastes that are discharged to the sewerage system are adequately controlled and minimised;

6.5.10 Encourage territorial authorities to ensure the safe storage of hazardous substances through by-laws, guidelines, or other provisions under other legislation as appropriate;

6.5.11 Encourage the oil industry to promote recycling and reuse of waste engine oil, to establish collection points at every service station in the region and to improve and upgrade waste oil re- refining capacity as necessary;

6.5.12 Provide public information on the safe use, handling and storage of household hazardous substances and safe disposal of household hazardous wastes;

6.5.13 Prepare, in conjunction with the territorial authorities, the Health Authorities and Emergency Services, a register of industries using and storing significant quantities of hazardous substances;

6.5.14 Undertake the collection of unwanted hazardous substances, such as agrichemicals;

6.5.15 Require pre-treatment of hazardous wastes, where practical and appropriate, prior to disposal;

6.5.16 Provide for the holding of joint hearings where resource consents are required from more than one agency on matters relating to hazardous substances and hazardous wastes;

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6.5.17 The Otago Regional Council will: (a) Provide a forum for the exchange of information, the identification of regional issues in hazardous substance management, and the development of regional solutions to those problems where appropriate; (b) Develop appropriate contingency plans for dealing with hazardous substance spills; and (c) Provide technical assistance to emergency services dealing with hazardous spills, including leaking of underground storage tanks;

6.5.18 Require as part of a resource consent application for facilities disposing of hazardous wastes, the preparation of hazardous waste facility management plans to address issues relating to the control of emissions and their effects;

6.5.19 Include complementary provisions on the discharge of hazardous substances and hazardous wastes to air and water in the Proposed Regional Plan: Air and for Otago the Proposed Regional Plan: Water for Otago respectively;

6.5.20 In consultation with territorial authorities, government agencies, industry and the public, prepare and promote a regional strategy for the collection, storage, treatment and disposal of hazardous wastes;

6.5.21 Invoke where necessary and appropriate the enforcement and emergency works procedures of the Resource Management Act to require the clean-up and restoration of the environment following any unauthorised discharge or spill, and for any associated costs to be met by the person or agency responsible for the discharge or spill;

6.5.22 Promote and encourage research into alternatives to the use of waste oil for suppressing dust;

6.5.23 Include a rule in this Plan which controls the discharge of oil as a dust suppressant on to formed roads;

6.5.24 Consult with Manawhenua on the appropriate approach towards, and effects on sites of significance to them, of hazardous substance and hazardous waste management in the Region;

6.5.25 Require, as part of any consent process, that the operators of hazardous waste disposal facilities record the source of material being disposed of.

Principal reasons for adopting hazardous substances and hazardous wastes methods

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In order to achieve the objectives and policies set out above, it will be necessary for a number of methods to be adopted, ranging from the supply of information to regulation.

Promoting, encouraging and providing advice to bring about improved practices are considered to be important methods for reducing the adverse effects of such hazardous substances and wastes on Otago’s environment. The maintenance of registers of industries using and storing hazardous substances and the collection of hazardous wastes such as agrichemicals will assist in understanding and further reducing the spread and impact of those wastes. Establishing and maintaining a capability to respond to accidental spills, and taking enforcement action regarding such spills where necessary, will assist in the minimisation of any adverse effects.

Rules are required in some situations where the discharge of hazardous substances or waste may result in adverse effects occurring. In such cases it may be necessary to include conditions on consents to avoid, remedy or mitigate any adverse effects. New Zealand standards will be used where appropriate.

6.6 Hazardous substances and hazardous waste rules

6.6.1 Operation of facilities for the treatment or disposal of hazardous wastes (discretionary activity)

1. The discharge of any contaminant into or on to land; or 2. The discharge of any contaminant into water; 3. The discharge of any contaminant into air; or 4. The discharge of water into water, in the course of, or as a result of, the treatment or disposal of hazardous wastes is a discretionary activity.

Information Requirements In addition to the information required by Section 88 of the Resource Management Act, a hazardous waste facility management plan in the form prescribed by Appendix 1 is required to be submitted with an application for resource consent under this rule.

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6.6.2 Discharge of dust suppressants oil or substances containing oil (permitted activity)

The discharge of oil or substances containing oil as a dust suppressant onto or into land on formed roads is a permitted activity, provided that: (a) The dust suppressant is not a hazardous substance; or has a lead concentration of less than 100 mg/L; and (b) The dust suppressant is approved under the Hazardous Substances and New Organisms Act 1996 and the use and discharge of dust suppressant is undertaken in accordance with all conditions of the approval to be applied to the road at a rate and manner whereby there is no run-off from or ponding on the surface of the road.; and (c) The discharge does not produce an objectionable odour, or a conspicuous oil or grease film, scum or foam in any: (i) Lake, river or Regionally Significant Wetland; or (ii) Drain or water race that flows to a lake, river, Regionally Significant Wetland or coastal marine area; or (iii) Bore or soak hole; and (d) The discharge is not undertaken in a manner that results in ponding or overland flow that enters any: (i) Lake, river, Regionally Significant Wetland or coastal marine area; or (ii) Drain or water race that goes to any lake, river, Regionally Significant Wetland or coastal marine area.

6.6.3 Discharge of dust suppressants oil or substances containing oil (discretionary activity)

The discharge of oil or substances containing oil as a dust suppressant onto or into land on formed roads not in accordance with Rule 6.6.2 is a discretionary activity. where: (a) The discharge is not permitted by Rule 6.6.2; and (b) The dust suppressant is not waste oil.

6.6.3.1 Assessment matters In considering any application under this rule, in addition to the matters listed in Section 104 of the Resource

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Management Act, the Otago Regional Council will have regard to, but not be restricted by, the following matters:

(a) The location of the activity relative to any water body and areas prone to erosion, inundation or subsidence;

(b) The location of the activity relative to areas of cultural or historic significance;

(c) The characteristics, composition and volume of substances being discharged and of any likely by- products occurring from the degradation of these substances;

(d) The mitigation measures and safeguards to be undertaken to prevent or reduce the actual and potential adverse environmental effects; and

(e) Means by which the above matters will be monitored, including land adjoining areas being sprayed, any water body, oil in the immediate locality, including the frequency and locations of monitoring.

6.6.4 Discharge of waste oil Except as provided for by Rules 6.6.1, 7.6.1 or 7.6.2, the discharge of waste oil onto or into land or into water is a prohibited activity.

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Principal reasons for adopting hazardous substances and hazardous wastes rules

The discharge of hazardous wastes into or onto land, and into water and air, can have a significant adverse effect on Otago’s natural and physical resources. Because of the potential for significant adverse effects to occur, the discharge of such hazardous wastes requires control.

The discharge of oil onto roads, because of the potential for heavy metals and other noxious elements within the oil to enter into ground and surface water resources, can also have adverse effects which requires control in order to ensure that the adverse effects are avoided, remedied or mitigated.

6.7 Anticipated environmental results

6.7.1 Production and use of hazardous substances and disposal of hazardous wastes is reduced in Otago.

6.7.2 The toxicity of hazardous wastes in Otago is reduced.

6.7.3 The adverse effects of discharges from the use of hazardous substances are controlled.

6.7.4 The adverse effects of the disposal of hazardous wastes are controlled.

6.7.5 The adverse effects of accidental discharges of hazardous substances are controlled.

6.7.6 The use of waste oil as a dust suppressant is avoided, and the adverse effects of the use of other waste lubricating oil as a dust suppressants are avoided, remedied or mitigated.

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7.1 Introduction

Facilities for disposing of wastes to the ground have been variously described as landfills, tips, or dumps, without reference to the degree of environmental safeguards employed in their management, nor to the types of waste deposited into them. Characteristics of landfills can vary greatly, from small, privately owned farm offal pits and landfills to illegal dumping areas, and large scale municipal landfills. For the purpose of this Plan, the term “landfill” is used to refer to a site used for the disposal of solid wastes onto or into land.

While reducing, reusing or recycling wastes is the desired order of progression in a waste management strategy, there will always be a certain amount of waste requiring disposal to landfills. Landfills are the usual end point for wastes which have no potential for recovery.

Landfills have traditionally been classified by the types of waste they accept - domestic, commercial or industrial. This however does not recognise the dynamic nature of waste. In this Plan landfills include the following types: • Co-disposal; • Farm; • Clean fill; • Offal pit; • Greenwaste;

and the term “landfill” generically refers to all landfills, including the above types, unless specified otherwise.

Landfills are also categorised into three different states: • Closed; • Operating; or • New.

Each type and state of landfill requires a specific kind of management to prevent adverse environmental effects occurring or to mitigate these where they already exist.

A landfill should not be treated as a storage or disposal facility but as a physical, chemical and biological reactor. While past concerns have focused on the health aspects of waste collection and disposal, regard must also be given to adverse environmental effects such as water contamination, site contamination, and management of the site once the landfill has been closed.

It is likely that landfills will be an integral part of the waste stream for many years, therefore management should be directed towards improving landfill quality and reducing adverse environmental effects. It cannot necessarily be assumed that because a landfill is small, its effects on the

84 Regional Plan: Waste for Otago 7 LANDFILLS environment will be minor.

Long term strategies for management and development of landfills are essential to meet the purpose of the Resource Management Act to achieve the sustainable management of natural and physical resources. Within the Otago region, territorial authorities put considerable energy and resources into determining their solid waste strategies and they have been actively reducing the number of landfills as a result. This will not only ensure that those facilities that are retained are able to be better managed, but it will also enable closure of sites which may not be totally suitable for landfill purposes.

This Chapter of the Plan also considers the leachate discharges from composting and silage production, because these are potentially similar to landfill discharges.

Section 15 of the Resource Management Act requires, unless a regional plan provides otherwise, that activities such as landfills and composting and silage production operations obtain a resource consent if those activities result in a discharge of contaminants to:

• Air; or

• Water; or

• Land; or

• Land in circumstances where a contaminant is likely to enter water.

The rules of this Chapter of the Plan provide for landfills, and composting and silage making activities in the following way:

Permitted Controlled Discretionary Cleanfill landfills Rule 7.6.3 Rule 7.6.4

Offal Pits Rule 7.6.5 Rule 7.6.6 Rule 7.6.7

Farm landfill Rule 7.6.8 Rule 7.6.9

Greenwaste landfills Rule 7.6.10 Rule 7.6.11

Composting Rule 7.6.12 Rule 7.6.13

Silage production Rule 7.6.14 Rule 7.6.15

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A transitional regime has been developed within Rules 7.6.1 and 7.6.2 for landfills other than those identified above, as follows:

For a closed landfill 1. Any landfill closed before 1 October 1991 will not require a resource consent, but may be considered a contaminated site on the Otago Regional Contaminated Sites Register and be subject to Rule 5.6.1 if it is discharging contaminants.

2. Any landfill closed between 1 October 1991 and 1 October 1994 was permitted until 1 October 1996, after which time it required: (a) A resource consent under Rule 7.6.2, and (b) A landfill closure plan.

3. Any landfill closed after 1 October 1994 will be assessed in accordance with Rule 7.6.1 as if it were an operating landfill.

For an operating landfill 1. Any landfill operating before 1 October 1991 was permitted until 1 April 1995 after which time it required the following: (a) A resource consent under Rule 7.6.1; and (b) A landfill development and management plan if it will be in operation past 1 October 1997; or (c) A landfill closure plan if it is to close by 1 October 1997.

For a new landfill 1. Any new landfill established after 1 October 1991 requires the following: (a) A resource consent under Rule 7.6.1; and (b) A landfill development and management plan if it will be in operation past 1 October 1997; or (c) A landfill closure plan if it is to close by 1 October 1997.

7.2 Landfill issues

7.2.1 Otago has a large number of landfills, widely dispersed throughout the region.

Explanation All landfills may be sources of contamination, to varying degrees, irrespective of their size. Monitoring and managing landfills is a problem if numbers are high and they are scattered throughout the region. The more sites there are in Otago, the greater the potential risk of adverse environmental effects. Objective 7.3.2 Policies 7.4.3, 7.4.7, 7.4.8

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7.2.2 There are inappropriately sited landfills in Otago.

Explanation Landfills, have been located in inappropriate places, such as close to water bodies, above groundwater supplies, adjacent to incompatible activities or in areas where there is a considerable adverse effect on the amenities of the area. Discharges from landfills are potential sources of contamination. In many cases there is a lack of knowledge of what has been placed into these landfills and as a consequence there may be a need to monitor some sites.

The siting of landfills is a land use issue that territorial authorities are required to consider, and this will be undertaken through district plans. Objectives 7.3.1, 7.3.2 Policies 7.4.3, 7.4.7, 7.4.11

7.2.3 Some landfills in Otago are not managed to appropriate standards.

Explanation Management of Otago’s landfills must ensure the avoidance, remedy and mitigation of adverse environmental effects that could occur from unwise management. These include discharges to land, water and air. While this Plan seeks to manage all discharges arising from landfills, the complex nature of discharges to air, and the need for a consistent approach across activities, means that detailed standards relating to such discharges will be subject to the provisions of the Regional Plan: Air for Otago.

In part some of the inappropriate management practices undertaken at existing landfills arise because there is insufficient awareness and implementation of landfill management guidelines. Improved landfill management procedures have been developed, for example by the Ministry for the Environment, to minimise the adverse environmental effects of landfills. If the adverse environmental effects are to be avoided, remedied or mitigated then the adoption and use of appropriate management practices as set out in guidelines will be required. Particular attention needs to focus on hazardous wastes, such as medical wastes, and methods used to pre-treat them, and either store them or dispose of them. In some instances, however, landfill managers are not familiar with appropriate methods of landfill management. Objectives 7.3.1, 7.3.2 Policies 7.4.3, 7.4.4, 7.4.6, 7.4.7, 7.4.11

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7.2.4 Uncontrolled, unmanaged or illegal landfills give rise to adverse environmental effects.

Explanation Discharges to water, land and air are more likely to arise in the case of landfills which are uncontrolled, unmanaged or illegal. At such landfills, hazardous wastes are not subject to appropriate management practices and are potentially more of a danger to the environment. In addition such landfills are unsightly. Where they do arise it is the public who frequently bear the cost of clean-up. Objective 7.3.2 Policies 7.4.1 - 7.4.4, 7.4.8

7.2.5 Few of Otago’s landfills have been planned within a long term strategy or management plan, including post-closure management.

Explanation Past landfill management has been directed towards maintaining the landfill’s ability to accept waste. Only recently have resources been directed towards the control of leachate during the life of the landfill and after. Closed landfills may release leachate after they have stopped operating. They also continue to produce methane gas which could pose a hazard if it is unable to dissipate away from the landfill. For this reason it will be necessary to require post- closure management plans for landfills, excluding farm, cleanfill, and greenwaste landfills and offal pits. Objectives 7.3.1, 7.3.2 Policies 7.4.6, 7.4.10

7.2.6 There is little information on the types and quantities of hazardous wastes disposed into co-disposal landfills.

Explanation Management of co-disposal landfills has not always included monitoring the types and quantities of hazardous wastes deposited during the life of the co-disposal landfill. Co-disposal landfills in smaller, rural areas have rarely been monitored to check what has been deposited into them. Objectives 7.3.1, 7.3.2 Policy 7.6.5

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7.2.7 Disposal of offal can give rise to adverse environmental effects.

Explanation The very nature of offal means that adverse effects such as contamination of groundwater and increase in odour resulting from its disposal can occur. Objective 7.3.1 Policies 7.4.3, 7.4.4, 7.4.6, 7.4.10

7.2.8 Discharges from composting of organic material and silage production can give rise to adverse effects.

Explanation While composting of organic material is an alternative to disposal, and a form of recycling, it can, together with silage production result in discharges to land, water and air. Of concern is leachate discharge, particularly from silage production. Odour can also be a problem, but the complex nature of discharges to air means that detailed standards relating to such discharges will be the subject to the provisions of the Regional Plan: Air for Otago. Objective 7.3.3 Policies 7.4.3, 7.4.4

7.3 Landfill objectives

7.3.1 To avoid, remedy or mitigate the adverse environmental effects arising from the discharge of contaminants at and from landfills.

Explanation Adverse environmental effects may occur through toxic leachate or gases which originate from landfills. Such leachate can move into surface or groundwater supplies as well as onto adjacent land or into the air, rendering these resources unsuitable for other uses, or unsafe. The adverse environmental effects of landfills can be avoided by adopting methods for disposal other than landfills. The adverse effects can be remedied or mitigated by siting landfills appropriately, and implementing sound management practices. Some material such as offal is inappropriate to dispose of into landfills other than offal pits, and alternative means are required to deal with this issue. Policies 7.4.1 - 7.4.1011 Methods 7.5.1 - 7.5.16 Rules 7.6.1 - 7.6.11

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7.3.2 To eliminate illegal, uncontrolled, unmanaged, poorly managed and poorly located landfill sites.

Explanation The illegal dumping of waste is an offence against the Resource Management Act. As with uncontrolled and unmanaged landfills, illegal dumping can give rise to adverse effects, such as discharges and visual unsightliness. Sites that are poorly located or poorly managed can also give rise to adverse effects. Where action cannot be taken to improve the operation of such landfills in the future, it is appropriate to seek their closure and the construction of more environmentally acceptable facilities. Policies 7.4.2, 7.4.3, 7.4.6 - 7.4.9, 7.4.11 Methods 7.5.1 - 7.5.3, 7.5.10, 7.5.11, 7.5.14, 7.5.16 Rules 7.6.1 - 7.6.11

7.3.3 To avoid, remedy or mitigate the adverse effects of discharges from composting and silage production.

Explanation Composting and silage production discharges can give rise to adverse effects. Of particular concern is the contamination of groundwater. Management of these activities is therefore required. Policies 7.4.3, 7.4.4 Methods 7.5.5, 7.5.6, 7.5.10, 7.5.14, 7.5.15 Rules 7.6.2 - 7.6.15

Principal reasons for adopting landfill objectives

Landfill discharges are potentially damaging to the environment and may be a significant source of contamination. The localised nature of landfill operations enables control of discharges close to or at the source of contamination. It is likely that landfills will remain a component of the waste stream in the future so the primary objective of landfill management must be to ensure that adverse environmental effects are minimised.

7.4 Landfill policies

7.4.1 To recognise and provide for the relationship Kai Tahu have with Otago’s natural and physical resources through:

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(a) Providing for the management and disposal of Otago’s wastes in a manner that takes into account Kai Tahu cultural values; and (b) Supporting waste disposal methods which avoid, remedy or mitigate adverse effects on the environment and the mauri of its natural and physical resources; and (c) Protecting waahi tapu and waahi taoka from waste management practices; and (d) Ensuring that Kai Tahu access to waahi tapu and waahi taoka is not compromised by waste management practices; and (e) Acknowledging that future generations will inherit the results of good and bad waste management practices; and (f) Maintaining consultation with Kai Tahu on issues relating to landfill management.

Explanation Traditional manawhenua values are especially sensitive to the quality of our environment. Hazardous wastes have the potential to adversely affect manawhenua use of natural and physical resources if these resources become contaminated or destroyed. Monitoring and evaluating the effects on traditional manawhenua values will enable a holistic view of the adverse effects on the environment to be achieved. Method 7.5.1

7.4.2 Take action against illegal landfills and waste dumping.

Explanation Illegal landfills and waste dumping are an offence against the provisions of the Resource Management Act, and the community has an expectation that statutory authorities will take action to stop such practices and, in appropriate cases, prosecute offenders. Method 7.5.14

7.4.3 To ensure that landfills and discharges from silage production and composting operations are sited at locations and managed in a manner whereby adverse effects on the environment are avoided, remedied, or mitigated.

Explanation The effects of landfills and discharges from silage production and composting operations on the environment, as well as on iwi, cultural, conservation, historic and amenity values will vary depending on their size and location. Such issues must be considered when deciding on landfill locations and when assessing any resource consents for continuation of landfill operations.

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Landfills, and composting and silage production discharges must be sited away from resources at risk of contamination such as surface and groundwater supplies. Territorial authorities will consider, to the degree that they consider appropriate, other locational aspects of landfills and discharges from silage production and composting in their district plans. Methods 7.5.1 - 7.5.16 Rules 7.6.1 - 7.6.15

7.4.4 To monitor discharges to land, water, and air from new, operating and closed landfills, and from silage production and composting.

Explanation On-going monitoring of discharges from new, operating and closed landfills, and from silage and composting sites will provide a means of ensuring that environmental degradation of natural and physical resources is not occurring, as well as ensuring that management techniques are appropriate for the site.

Cleanfill landfills, farm landfills, offal pits, greenwaste landfills, silage production and composting operated in conformity with the rules for permitted activities in this Plan are unlikely to give rise to any significant adverse environmental effects, and as a consequence it is unnecessary to require their operators to monitor them. The Otago Regional Council nevertheless considers that in order to monitor the effectiveness of the rules, an accurate location for any farm landfill or any offal pit on a factory farm must be supplied before the activity is permitted. Methods 7.5.7, 7.5.8, 7.5.9, 7.5.10, 7.5.11, 7.5.16 Rules 7.6.1, 7.6.2, 7.6.4 - 7.6.9, 7.6.11, 7.6.13, 7.6.15

7.4.5 To identify and quantify waste inputs into operating, and new landfills.

Explanation Improved awareness of the components and quantities of waste, especially hazardous waste, entering landfills will ensure that management is appropriate for the types of waste received. Suitable management will avoid the release of contaminants to the environment and minimise adverse environmental effects. Method 7.5.9 Rule 7.6.1 7.4.6 To require that all new, operating, and closed landfills are managed in compliance with approved management and post- closure procedures.

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Explanation Leachate discharges from landfills to soil and water resources are a major cause of contamination and must, where practical, be prevented to ensure that the environment is not adversely affected. These discharges may not be detected for many years and the effects may continue past the life of the landfill. Such concerns arise from large as well as smaller landfills. Methods 7.5.7, 7.5.8 Rules 7.6.1, 7.6.2, 7.6.6, 7.6.7

7.4.7 To upgrade where possible or close those existing landfill sites causing adverse effects.

Explanation Where contamination has been linked to particular landfills, these should be managed in order that such contamination is remedied and avoided in the future. If this cannot be done it may be appropriate to close the landfill concerned.

Ongoing monitoring may be necessary to ensure that any adverse effects are effectively mitigated. Methods 7.5.2, 7.5.7, 7.5.8, 7.5.11, 7.5.16 Rules 7.6.1, 7.6.2, 7.6.4, 7.6.7, 7.6.9, 7.6.11, 7.6.13, 7.6.1

7.4.8 To promote alternatives to landfills as a means of waste disposal.

Explanation Landfills occupy space, require management to avoid adverse effects, and are expensive to operate. Landfills should be considered only where other alternatives such as waste minimisation, cleaner production, recycling, or other methods of waste disposal have failed or are impracticable to implement.

The Otago Regional Council will also promote the use of options other than landfills for waste disposal, where it can be shown that adverse effects will not arise. Method 7.5.12 Rule 7.6.1

7.4.9 To have regard to the environmental effects of offal pits in determining their location and management.

Explanation Inappropriate location and management of offal pits can give rise to adverse effects, particularly on water quality. The larger the pit, the greater the potential for adverse effects to arise.

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To avoid adverse effects on water quality, offal pits will need to be sited above water tables. In some cases, where water tables are particularly high, this will mean that the construction of the traditional offal pit five metres or so into the ground is inappropriate. In such situations, and for emergencies such as stock smothers, the digging of a shallow trench and mounding of dirt above ground may be the most appropriate method of disposal. Methods 7.5.6, 7.5.8 Rules 7.6.5 - 7.6.7

7.4.10 To extend the time by which resource consents are required to 1 October 1996 for landfills operating at 1 October 1991, which were closed by 1 October 1994.

Explanation Recognising the efforts being made by territorial authorities to obtain approvals for those landfills currently operating, and the burden that obtaining approvals for closed landfills as well would place on operators and Otago Regional Council staff, it is appropriate to extend the period for obtaining consents for closed landfills. Attention and effort is required to focus on those sites which are more likely to be having continuing adverse effects. Rule 7.6.2

7.4.11 To minimise the adverse effects of discharges from new and operating landfills by requiring that: (a) the siting, design, construction, operation and management of new and operating landfills is in accordance with the Waste Minimisation Institute New Zealand’s Technical Guidelines for Disposal to Land (August 2018) and (b) a site-specific management plan is prepared and implemented in accordance with the Waste Minimisation Institute New Zealand’s Technical Guidelines for Disposal to Land (August 2018) that includes (but is not limited to): (i) methods for leachate management, collection, treatment and disposal; (ii) methods for stormwater capture and control from both off-site and on-site sources; and (iii) methods to minimise contamination of the receiving environment; and (iv) controls to manage hazardous waste and avoid any discharge of hazardous wastes or the leaching of contaminants from hazardous wastes.

Principal reasons for adopting landfill policies

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Landfills provide a necessary function for the disposal of wastes, and silage production and composting provide for the reuse of materials. However, they all have adverse effects on the environment and the potential to impact on cultural, amenity, and heritage values. As a consequence, a range of actions will be appropriate and the policies above provide the basis for a coordinated approach to management.

Monitoring discharges will provide an ongoing audit of how well management systems are performing and where changes are required to ensure that adverse environmental effects are minimised or avoided. Monitoring of inputs to landfills will also enable management programmes to adjust depending on the types and quantities of waste being deposited into the landfill.

7.5 Landfill methods

In meeting the objectives and in carrying out the policies relating to landfills, silage production and composting the Otago Regional Council will:

7.5.1 Consult with the manawhenua on the approach towards, and effects on sites of significance to them, of landfill management in Otago;

7.5.2 Advocate that territorial authorities rationalise the number of operating landfills within their districts;

7.5.3 Advocate that territorial authorities make provision for refuse disposal facilities within their districts so as to avoid the need for illegal dumping;

7.5.4 Advocate that territorial authorities include in their district plans objectives, policies and methods on those parts of landfill operations that are the responsibility of those authorities under Section 31 of the Resource Management Act;

7.5.5 Provide for the holding of joint hearings where resource consents are required from more than one agency on matters relating to landfills, discharges from silage production and composting;

7.5.6 Provide standards for landfills, composting and silage operations to meet, in order to avoid discharges to water;

7.5.7 Require landfill development and management plans for all landfills (excluding cleanfill landfills, offal pits on production land, farm landfills and greenwaste landfills) and for offal pits on industrial or trade premises, excluding factory farms, describing the

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methods to be taken to avoid, remedy or mitigate any adverse environmental effects;

7.5.8 Require landfill closure plans for all landfills (excluding cleanfill landfills, offal pits on production land, farm landfills and greenwaste landfills) and for offal pits on industrial and trade premises, excluding factory farms, closed by 1 October 1997, describing the methods to be taken to avoid, remedy or mitigate, and monitor for, any long-term adverse environmental effects;

7.5.9 Require operators of operating and new landfills to monitor waste being disposed of at the landfill, having regard to the Waste Analysis Protocol in order to assess the type of material being deposited and to ensure that appropriate disposal techniques are being adopted;

7.5.10 Carry out audit monitoring of landfills, and discharges from silage production and composting, to assess the extent of their adverse effects on the environment;

7.5.11 Require operators of operating and new landfills to monitor discharges from the site;

7.5.12 Investigate, evaluate and, where appropriate, promote alternatives to the disposal of waste at landfills;

7.5.13 Provide an ongoing role in promoting and coordinating appropriate landfill management within the region;

7.5.14 Use enforcement procedures to: (a) Require owners/operators of landfills, and composting and silage operations, to remedy any adverse environmental effects of those operations; and (b) Close landfills, silage production and composting operations where owners/operators are unable to meet acceptable environmental standards of operation; and (c) Require the closing and remediation of sites used for illegal landfill operations;

7.5.15 Include Objectives, Policies and Methods in the Regional Plan: Air for Otago dealing with discharges to air from landfills, and composting and silage operations; and

7.5.16 Work with territorial authorities to identify the location of past community landfills to establish whether any adverse environmental effects require avoiding, remedying or mitigating.

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Principal reasons for landfill methods

The Otago Regional Council, in fulfilling its responsibilities under the Resource Management Act, must consider and use appropriate methods to minimise or avoid adverse environmental effects. The scale of impact of effects from landfills may be assessed in part by the size or type of landfill. The above methods make provision for the scale of adverse effects anticipated on a site by site basis.

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The above methods also provide a range of opportunities for the Otago Regional Council and territorial authorities to use when considering aspects of landfill management on a district or regional scale. The methods in this Plan provide for varying degrees of managing environmental effects depending on particular circumstances.

7.6 Landfill rules

Discharges of waste onto or into land except as permitted by or under this Plan, a resource consent, or regulation, are non-complying activities.

7.6.1 New or operating landfills [excluding cleanfill landfills, offal pits, farm landfills and greenwaste landfills] (discretionary activities)

1 The discharge of any contaminant into or onto land; or

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant into air,

as a result of the operation of any landfill (except for a cleanfill landfill, offal pit, farm landfill, or greenwaste landfill covered by Rules 7.6.3 to 7.6.11) are discretionary activities, provided that no burning of waste is undertaken.

7.6.1.1 Information requirements In addition to the information required by Section 88 of the Resource Management Act, the following information is required to be submitted with an application for resource consent under this rule:

(a) If the landfill is to close by 1 October 1997 a landfill closure plan in the form prescribed by Appendix 3; or (b) Otherwise a landfill development and management plan in the form prescribed in Appendix 2. a site-specific management plan prepared in accordance with the Waste Minimisation Institute New Zealand’s Technical Guidelines for Disposal to Land (August 2018).

7.6.1.2 Assessment matters

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In considering any application under this rule, in addition to the matters listed in Section 104 of the Resource Management Act, the Otago Regional Council will have regard to, but not be restricted by, the following matters:

(a) Odour control; (b) Potential contamination of soil or water; (c) Means to monitor the above; (d) The extent to which the landfill proposal reflects the industry standard for landfills, as represented in the Waste Management Institute New Zealand’s Technical Guidelines for Disposal to Land (August 2018)Ministry for the Environment Landfill Guidelines 1994, or their update or other industry standards which are current at the time of application for a resource consent; (e) The location of the landfill relative to any water body, areas prone to erosion, inundation or subsidence, and areas of cultural, conservation or historic significance; (f) The characteristics, composition and volume of substances being discharged and of any likely by-products occurring from the degradation of these substances; (g) The characteristics of the receiving environment including the current and likely future uses of that environment; (h) The mitigation measures, safeguards, and contingency plans to be undertaken to prevent or reduce the actual and potential adverse environmental effects; (i) Provisions for the handling of any noxious waste, including medical waste, and the degree of pre treatment that will be required prior to accepting such wastes; and (j) The landfill development and management plan or landfill closure plan prepared for the site.

7.6.2 Landfills that closed between 1 October 1991 and 1 October 1994 [excluding cleanfill landfills, offal pits, farm landfills and greenwaste landfills] (discretionary activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as the result of a landfill that closed between 1 October 1991 and 1 October 1994 (except for a cleanfill landfill, offal pit, farm landfill, or greenwaste landfill covered by Rules 7.6.3 to 7.6.11) are a permitted activity until 1 October 1996, from which time they became a discretionary activity.

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Where a resource consent application for a landfill covered by this rule was submitted before 1 October 1996, discharges will be a permitted activity until the application for resource consent has been finally determined.

A landfill (except for a cleanfill landfill, offal pit, farm landfill, or greenwaste landfill covered by Rules 7.6.3 to 7.6.11) that closes after 1 October 1994 is subject to Rule 7.6.1.

7.6.2.1 Information requirements In addition to the information required by Section 88 of the Resource Management Act, a landfill closure plan in the form prescribed by Appendix 3 is required to be submitted with an application for resource consent under this rule.

7.6.2.2 Assessment Matters In considering any application under this rule, in addition to the matters listed in Section 104 of the Resource Management Act, the Otago Regional Council will have regard to, but not be restricted by, the following matters:

(a) The adverse effects on land, water and air arising from any discharges; (b) The action that is to be taken to avoid, remedy or mitigate any adverse effects of any discharges; (c) The monitoring programme to be implemented; (d) The means to advise prospective purchasers of the property of the landfill operation; and (e) The location of the landfill relative to any water body, areas prone to erosion, inundation or subsidence, and areas of cultural, conservation or historic significance.

7.6.3 Cleanfill landfills (permitted activity)

The discharge of any contaminants into or onto land when occurring as the result of cleanfill landfills is a permitted activity, provided that no sediments enter into any water body.

7.6.4 Cleanfill landfills (discretionary activity)

The discharge of any contaminant into or onto land when occurring as the result of a cleanfill landfill which does not comply with Rule 7.6.3, is a discretionary activity.

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7.6.4.1 Assessment matters In considering any application under this rule, in addition to the matters listed in Section 104 of the Resource Management Act, the Otago Regional Council will have regard to, but not be restricted by, the following matters:

(a) The location of the cleanfill landfill relative to any water body, and areas prone to erosion, inundation or subsidence, and areas of cultural, conservation or historic significance; (b) The adverse effects on land, water and air arising from any discharges; (c) The action that is to be taken to avoid, remedy or mitigate any adverse effects of any discharges; and (d) The monitoring programme to be implemented.

7.6.5 Offal pits on production land or factory farm (permitted activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as the result of an offal pit on production land or factory farm is a permitted activity provided that:

(a) The accurate location of any offal pit on a factory farm is provided to the Otago Regional Council; (b) It is dug in a manner so as to avoid groundwater seepage into the pit; (c) It is not constructed within 100 metres, horizontally, of a well used to provide water for domestic purposes or drinking water for livestock; (d) Leachate from the offal pit does not enter any water body; (e) It is not constructed within 50 metres, horizontally, of any river, lake, stream, pond, wetland or mean high water springs; (f) Only dead animal matter and perishable household wastes are disposed of into the pit; (g) No dead animal material originating from an industrial or trade premise (excluding a factory farm) is to be disposed of into the pit;

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(h) It is not dug within 50 metres, horizontally, of a property boundary; or (i) The offal pit does not cause a nuisance and is not noxious, dangerous, offensive, or objectionable beyond the boundaries of the property.

7.6.6 Offal pits on industrial or trade premises, excluding factory farms (controlled activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as the result of an offal pit on industrial or trade premises (excluding factory farms) is a controlled activity, provided that:

(a) It is dug in a manner so as to avoid groundwater seepage into the pit; (b) It is not constructed within 100 metres, horizontally, of a well used to provide water for domestic purposes or drinking water for livestock; (c) Leachate from the offal pit does not enter any water body; (d) It is not constructed within 50 metres, horizontally, of any river, lake, stream, pond, wetland or mean high water springs; (e) The offal pit shall not be used for the disposal of hazardous wastes or any other toxic matter, sewage, or animal effluent; (f) Only offal generated on the property is to be disposed of into the pit; (g) It is not dug within 50 metres, horizontally, of a property boundary; or (h) The offal pit does not cause a nuisance and is not noxious, dangerous, offensive, or objectionable beyond the boundaries of the property.

7.6.6.1 Information requirements In addition to the information required by Section 88 of the Resource Management Act, the following information is required to be submitted with an application for resource consent under this rule:

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(a) If the offal pit is to close by 1 October 1997 a landfill closure plan in the form prescribed by Appendix 3; (b) Otherwise a landfill development and management plan in the form prescribed in Appendix 2.

7.6.6.2 Assessment Matters In considering an application under this rule the Otago Regional Council will exercise its control over the following matters:

(a) The adverse effects on land, water and air arising from any discharges; (b) The location of the offal pit relative to any water body, areas prone to erosion, inundation or subsidence, and areas of cultural, conservation or historic significance; (c) The action that is to be taken to avoid, remedy or mitigate any adverse effects of any discharges; (d) The monitoring programme to be implemented; and (e) The means to advise prospective purchasers of the property about the landfill operation.

7.6.7 Control of offal pits not in accordance with Rules 7.6.5 or 7.6.6 (discretionary activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as the result of an offal pit operated other than in accordance with Rule 7.6.5 or Rule 7.6.6 is a discretionary activity.

7.6.7.1 Information requirements For industrial and trade premises, excluding factory farms, in addition to the information required by section 88 of the Resource Management Act, the following information is required to be submitted with an application for a resource consent under this rule:

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7.6.7.2 Assessment Matters In considering any application under this rule, in addition to the matters listed in Section 104 of the Resource Management Act, the Otago Regional Council will have regard to, but not be restricted by, the following matters:

(a) The adverse effects on land, water and air arising from any discharges; (b) The location of the offal pit relative to any water body, areas prone to erosion, inundation or subsidence, and areas of cultural, conservation or historic significance; (c) The action that is to be taken to avoid, remedy or mitigate any adverse effects of any discharges; and (d) The monitoring programme to be implemented.

7.6.8 Farm landfills (permitted activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as the result of a farm landfill is a permitted activity provided that:

(a) Its accurate location is provided to the Otago Regional Council; (b) It is dug in a manner so as to avoid groundwater seepage into the pit; (c) It is not dug within 100 metres, horizontally, of a well used to provide water for domestic purposes or drinking water for livestock; (d) Leachate from the landfill does not enter any water body; (e) It is not constructed within 50 metres, horizontally, of any river, lake, stream, pond, wetland or mean high water springs; (f) The farm landfill shall not be used for the disposal of hazardous waste or any other toxic matter, sewage, offal, or animal effluent; (g) Only waste generated on the property is disposed of into the farm landfill; (h) It is not constructed within 50 metres, horizontally, of a property boundary; (i) The farm landfill does not cause a nuisance and is not noxious, dangerous, offensive, or objectionable beyond the boundaries of the property; and (j) No burning of waste is undertaken.

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7.6.9 Farm landfills (discretionary activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as the result of a farm landfill which does not comply with Rule 7.6.8 is a discretionary activity.

7.6.9.1 Assessment matters In considering any application under this rule, in addition to the matters listed in Section 104 of the Resource Management Act, the Otago Regional Council will have regard to, but not be restricted by, the following matters:

(a) The location of the farm landfill relative to any water body, areas prone to erosion, inundation or subsidence, and areas of cultural, conservation or historic significance; (b) The adverse effects on land, water and air arising from any discharges; (c) The action that is to be taken to avoid, remedy or mitigate any adverse effects of any discharges; and (d) The monitoring programme to be implemented.

7.6.10 Greenwaste landfills (permitted activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as a result of any greenwaste landfill is a permitted activity, provided that:

(a) Only greenwaste is disposed of at the greenwaste landfill; (b) Any excavation is dug in a manner so as to avoid groundwater seepage into the pit; (c) It is not dug within 100 metres, horizontally, of a well used to provide water for domestic purposes or drinking water for livestock;

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(d) Any leachate produced from the greenwaste landfill does not enter any water body; (e) The greenwaste landfill is not positioned within 50 metres, horizontally, of any river, lake, stream, pond, wetland or mean high water springs; (f) The greenwaste landfill does not cause a nuisance and is not noxious, dangerous, offensive, or objectionable beyond the boundaries of the property.

7.6.11 Greenwaste landfills (discretionary activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as a result of a greenwaste landfill operated other than in accordance with Rule 7.6.10 is a discretionary activity.

7.6.11.1 Assessment matters In considering any application under this rule, in addition to the matters listed in Section 104 of the Resource Management Act, the Otago Regional Council will have regard to, but not be restricted by, the following matters:

(a) The location of the greenwaste landfill relative to any water body, areas prone to erosion, inundation or subsidence, and areas of cultural, conservation or historic significance; (b) The adverse effects on land, water and air arising from any discharges; (c) The action that is to be taken to avoid, remedy or mitigate any adverse effects of any discharges; and (d) The monitoring programme to be implemented.

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7.6.12 Composting (permitted activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as the result of composting of organic material is a permitted activity provided that:

(a) Any excavation is dug in a manner so as to avoid groundwater seepage into the pit; (b) The activity is not undertaken within 100 metres, horizontally, of a well used to provide water for domestic purposes or drinking water for livestock; (c) Any leachate produced from compost does not enter any water body; (d) The composting is not undertaken within 50 metres horizontally, of any river, lake, stream, pond, wetland or mean high water springs; (e) The composting is undertaken on the property from which the majority of the material is sourced; (f) The composting does not cause a nuisance and is not noxious, dangerous, offensive, or objectionable beyond the boundaries of the property.

7.6.13 Composting (discretionary activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as the result of the composting of organic material other than in accordance with Rule 7.6.12 is a discretionary activity.

7.6.13.1 Assessment matters In considering any application under this rule, in addition to the matters listed in Section 104 of the Resource Management Act, the Otago Regional Council will have regard to, but not be restricted by, the following matters:

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(a) The location of the composting relative to any water body, areas prone to erosion, inundation or subsidence, and areas of cultural, conservation or historic significance; (b) The adverse effects on land, water and air arising from any discharges; (c) The action that is to be taken to avoid, remedy or mitigate any adverse effects of any discharges; and (d) The monitoring programme to be implemented.

7.6.14 Discharges from silage production (permitted activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air,

when occurring as a result of silage production is a permitted activity provided that:

(a) Any excavation is dug in a manner so as to avoid groundwater seepage into the pit; (b) The silage stack or pit is not within 100 metres horizontally, of a well used to provide water for domestic purposes or drinking water for livestock; (c) Leachate from the silage stack or pit does not enter into any water body; (d) Any silage stack or pit established after 2 February 1996 is not within 50 metres horizontally, of any river, lake, stream, pond, wetland or mean high water springs; (e) Silage production is undertaken on production land; (f) The silage stack or pit is not located within 50 metres, horizontally, of a property boundary excluding road boundaries; or (g) The silage stack or pit does not cause a nuisance and is not noxious, dangerous, offensive or objectionable beyond the boundaries of the property.

7.6.15 Discharges from silage production (discretionary activity)

1 The discharge of any contaminant into or onto land;

2 The discharge of any contaminant or water into water; or

3 The discharge of any contaminant to air, when occurring as a result of silage production other than in accordance with Rule 7.6.14 is a discretionary activity.

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7.6.15.1 Assessment matters In considering any application under this rule, in addition to the matters listed in Section 104 of the Resource Management Act, the Otago Regional Council will have regard to, but not be restricted by, the following matters:

(a) The location of the silage production relative to any water body, areas prone to erosion, inundation or subsidence, and areas of cultural, conservation or historic significance; (b) The adverse effects on land, water and air arising from any discharges; (c) The action that is to be taken to avoid, remedy or mitigate any adverse effects of any discharges; and (d) The monitoring programme to be implemented.

Principal reasons for adopting landfill rules

Section 15 of the Resource Management Act requires a resource consent for the discharge of contaminants in a number of situations. Where the Otago Regional Council has considered that the adverse effects of such discharges will be minor, as a result of compliance with any condition, then such a discharge has been permitted under this Plan.

Transitional provisions have been provided for landfills (excluding cleanfill landfills, offal pits, farm landfills and greenwaste landfills) that closed between 1 October 1991 and 1 October 1994 in order that operators can concentrate on gaining resource consents for those landfills that will continue to operate.

The Otago Regional Council is satisfied that any of the adverse effects on the environment described in Section 70(c) to (g) of the Resource Management Act, as a result of discharges of contaminants, will be avoided by the relevant provisions of the permitted activity rules above for cleanfill landfills, offal pits, farm landfills, greenwaste landfills, silage production and the composting of organic material.

While silage production and composting are not landfill operations, adverse effects may arise from their discharges of a similar nature to discharges from landfills. For this reason these activities are included within this Chapter.

Any landfill that was closed prior to 1 October 1991 may be considered a contaminated site in terms of Rule 5.6.1.

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7.7 Anticipated environmental results

7.7.1 There is a reduction in the adverse effects resulting from landfill sites, composting operations and silage stacks or pits.

7.7.2 Discharges are prevented from entering any water body from landfills, including cleanfill landfills, offal pits, farm landfills and greenwaste landfills, and from silage pits and stacks and composting operations.

7.7.3 There is an elimination of illegal, uncontrolled, unmanaged and poorly located landfills, silage stacks or pits and composting operations.

7.7.4 There is a reduction in the amount of waste disposed of to landfills through increased use of alternatives to reduce, recycle or reuse materials.

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112 Regional Plan: Waste for Otago 10 Gl ossar y

GLOSSARY

Terms marked with a φ are terms defined in the Resource Management Act 1991

The Act Unless expressly stated otherwise, means the Resource Management Act 1991 (including any amendments thereto).

Amenity valuesφ Means those natural or physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes.

ANZECC Australia and New Zealand Environment and Conservation Council, comprising ministers for the environment of Australian states, New Zealand and Papua New Guinea.

BOD Biochemical Oxygen Demand. Used as a measure of organic pollution. The measured amount of oxygen required by acclimatised micro-organisms to biologically degrade the organic matter in wastewater.

Cleanfill Generally a natural material such as clay, soil, and rock, and such other materials as concrete, brick or demolition products that are free of combustible or organic materials and are therefore not subject to biological or chemical breakdown.

Cleanfill landfill A landfill used solely for the disposal of cleanfill.

Cleaner production The conceptual and procedural approach to production that demands that all phases of the lifecycle of a product or of a process should be addressed with the objective of prevention or minimisation of short and long-term risks to humans and to the environment.

Closed landfill A landfill which is no longer receiving waste.

COD Chemical Oxygen Demand.

Co-disposal The disposal of appropriate hazardous wastes by mixing them, in an informed and pre-determined manner, with municipal refuse, so as to use the attenuation and biochemical processes operating within the landfill to reduce the environmental impact from the mixed waste to an insignificant level.

122 Regional Plan: Waste for Otago GLOSSARY

Co-disposal landfill A landfill used for the disposal of special hazardous wastes in combination with community wastes. Leachate and gaseous omissions from a co-disposal landfill should not be materially different from those generated from an operating landfill managed by a territorial authority.

Composting The biological reduction of organic waste to a relatively stable product.

Contaminantφ Includes any substance (including gases, liquids, solids and micro-organisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy or heat:

(a) When discharged into water, changes or is likely to change the physical, chemical, or biological condition of water; or

(b) When discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged.

Contaminated site A contaminated site is a site at which hazardous substances occur at concentrations above background levels and where assessment indicates it poses, or is likely to pose an immediate or long term hazard to human health or the environment.

Controlled activityφ An activity which - (a) Is provided for, as a controlled activity, by a rule in a plan or proposed plan; and

(b) Complies with standards and terms specified in a plan or proposed plan for such activities; and

(d) Is allowed only if a resource consent is obtained in respect of that activity.

Dischargeφ Includes emit, deposit and allow to escape.

Discharge permit A consent to do something (other than in the coastal marine area) that otherwise would contravene Section 15 [of the Resource Management Act 1991].

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Discretionary activityφ Any activity - (a) Which is provided for, as a discretionary activity, by a rule in a plan or proposed plan; and

(b) Which is allowed only if a resource consent is obtained in respect of that activity; and

(d) In respect of which the consent authority may restrict the exercise of its discretion to those matters specified in the plan or proposed plan for that activity.

Ecosystem A dynamic complex of plant, animal and micro- organism communities and their non-living environment interacting as a functional unit.

Effectφ Unless the context otherwise requires, the term “effect” includes: (a) Any positive or adverse effect; and (b) Any temporary or permanent effect; and (c) Any past, present, or future effect; and (d) Any cumulative effect which arises over time or in combination with other effects - regardless of the scale, intensity, duration, or frequency of the effect, and also includes - (e) Any potential effect of high probability; and (f) Any potential effect of low probability which has a high potential impact.

Environmentφ Includes: (a) Ecosystems and their constituent parts, including people and communities; and (b) All natural and physical resources; and (c) Amenity values, and (d) The social, economic, aesthetic and cultural conditions which affect the matters stated in paragraphs (a) to (c) of this definition or which are affected by those matters.

124 Regional Plan: Waste for Otago GLOSSARY

Eutrophication Process by which water (usually freshwater) becomes rich in nutrients, causing excessive plant growth which kills animal life by deprivation of oxygen.

Farm landfill A landfill situated on production land in which the disposal of waste generated from that land takes place, not including any dead animal material or any waste generated from any industrial or trade process on that production land.

Greenwaste Vegetative material. The material may include soil that is attached to plant roots and shall be free of hazardous substances and wastes.

Groundwater Water that occupies or moves through pores, cavities, cracks, and other spaces in crustal rocks.

Hazardous substance Any substance: (a) With one or more of the following intrinsic properties:

(i) Explosiveness;

(ii) Flammability;

(iii) A capacity to oxidise;

(iv) Corrosiveness;

(v) Toxicity, (both acute and chronic);

(vi) Ecotoxicity, with or without bioaccumulation; or

(b) Which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any one or more of the properties specified in paragraph (a) of this definition.

Hazardous waste Includes: (a) A hazardous substance which has not been used and requires disposal; or (b) The residue of a hazardous substance which has been used and requires disposal; or (c) Waste material containing a hazardous substance.

Regional Plan: Waste for Otago 125 GLOSSARY

Highly hazardous Any substance or waste belonging to any of the substance or waste categories described in Appendix 4 of this Plan, unless such wastes or substances do not possess any of the hazardous characteristics listed in Appendix 5 of this Plan.

Industrial or trade Means: φ premises (a) Any premises used for any industrial or trade purposes; or (b) Any premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste management purposes, or used for composting organic materials; or (c) Any other premises from which a contaminant is discharged in connection with any industrial or trade process - and includes any factory farm; but does not include any production land.

Intractable waste Any hazardous waste that does not degrade naturally into non-hazardous residues over time when released into the environment, and for which there is no present environmentally acceptable method of treatment or disposal currently available in New Zealand. It should be noted that not all hazardous wastes are intractable wastes.

Kai Tahu Descendants of Tahu, the tribe.

Kaitiakitangaφ The exercise of guardianship and, in relation to a resource, includes the ethic of stewardship based on the nature of the resource itself.

Landfill A site used for the deposit of solid wastes onto or into land.

Leachate A liquid contaminant resulting from the liquid being exuded from or percolated through some more-or-less solid matter.

Local authority A regional council or territorial authority.

Manawhenua Those with rangatiritanga for a particular area of land or district.

Method The practical action by which a policy is implemented.

126 Regional Plan: Waste for Otago GLOSSARY

Mitigate To make or become less severe or harsh. To moderate.

New landfill A site to be used as a landfill.

Non-complying activity An activity (not being a prohibited activity) which: (a) Contravenes a rule in a plan or proposed plan; and (b) Is allowed only if a resource consent is obtained in respect of that activity.

Non-point source Runoff or leachate from land, onto or into land, air, a discharge water body or the sea.

Objective The desired result, end state, situation or condition that is aimed for.

Offal Waste comprised of dead animal matter.

Offal pit A disposal hole excavated for the purpose of disposing of offal.

Operating landfill Any landfill that is currently accepting solid waste for disposal.

PCB Polychlorinated biphenyl.

PCP Pentachlorophenol.

Permitted activityφ Any activity that is allowed by a plan without a resource consent if it complies in all respects with any conditions (including any conditions in relation to any matter described in Section 108 or Section 220 [of the Resource Management Act]) specified in the plan.

Point source discharge A discharge from a specific and identifiable source, onto or into land, air, a water body or the sea.

Policy The course of action to achieve the objective.

Production landφ (a) Means any land and auxiliary buildings used for the production (but not processing) of primary products (including agricultural, pastoral, horticultural, and forestry products) (b) Does not include land or auxiliary buildings used or associated with prospecting, exploration, or mining for minerals or used for factory farming, - and “Production” has a corresponding meaning.

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Recycling The return of discarded waste materials to the production system for utilisation in the manufacture of goods, with a view to the conservation as far as practicable of non-renewable and scarce resources.

Resource consentφ Means: (a) A consent to do something that otherwise would contravene Section 9 or Section 13 (in [the Resource Management] Act called a “land use consent”);

(b) A consent to do something that otherwise would contravene Section 11 (in [the Resource Management] Act called a “subdivision consent”);

(c) A consent to do something in a coastal marine area that otherwise would contravene any of Sections 12, 14 and 15 (in the [Resource Management] Act called a “coastal permit”);

(d) A consent to do something (other than in a coastal marine area) that otherwise would contravene Section 14 (in the [Resource Management] Act called a “water permit”);

(e) A consent to do something (other than in a coastal marine area) that otherwise would contravene section 15 (in the [Resource Management] Act called a “discharge permit”);

And includes all conditions to which the consent is subject.

Solid waste The combination of domestic, industrial and commercial waste including non-hazardous special wastes, also known as community waste.

Takaroa Guardian of the waterways.

Territorial authority A city or district council.

Waste Any contaminant, whether liquid, solid, gaseous, or radioactive, which is: discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an adverse effect on the environment and which includes all unwanted and economically unusable by-products at any given place and time, and any other matter which may be discharged, accidentally or otherwise, to the environment.

128 Regional Plan: Waste for Otago GLOSSARY

Waste analysis protocol A system developed by the Ministry for the Environment to provide a database/knowledge on New Zealand’s waste stream.

Waste oil Any oil that has been refined from crude oil, or any synthetic hydrocarbon oil, that has been used, and as a result of such use, has become unsuitable for its original purpose due to the presence of impurities or contaminants or the loss of original properties.

Waste management The transportation, resource recovery, recycling, storage, treatment and disposal of wastes, including management systems to ensure that environmental effects are avoided, remedied or mitigated. Waste management also encompasses measures to avoid waste generation.

Waste minimisation The modification of existing processes or behaviour to reduce waste production to a minimum.

Water bodyφ Means fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area.

Regional Plan: Waste for Otago 129 GLOSSARY

130 Regional Plan: Waste for Otago 11 A ppen di ces APPENDICES

Appendix 2

Matters to be included in Landfill Development and Management Plan

1 General description of the landfill site, including topography, natural water sources, and geotechnical investigations.

2 Works to be undertaken to establish the offal pitlandfill.

3 Description of the waste collection, treatment, and disposal system.

4 Projected life of the offal pitlandfill.

5 Reinstatement and possible end use of the site.

6 Closure and after-care including ongoing monitoring of leachate discharges and management of surface runoff, stormwater control, and site remediation.

7 Assessment of environmental effects including assessment of alternatives to the disposal of waste at the offal pitlandfill.

8 Any implications of site management and operation of offal pitlandfill for Iwi.

9 For hazardous wastes, a description of wastes which are acceptable and unacceptable, and wastes which can only be accepted under special (specified) conditions.

10 For hazardous wastes, an outline of a manifest system identifying types and quantities received including the source, and where within the sitelandfill any hazardous wastes are to be placed.

11 Identification of discharges and environmental effects and the safeguards in place to avoid or reduce the environmental effects.

12 Sensitivity of the receiving environment.

13 A description of how litter, vermin and birds will be controlled.

14 Water control including stormwater and leachate.

15 Description of procedures for monitoring (including detection of leakage of contaminants in contravention of resource consent) and controlling adverse effects of spillages and leachate on groundwater and any water body, as well as monitoring and control of odours.

16 Outline proposals for audit and reporting to the Otago Regional Council regarding environmental compliance.

132 Regional Plan: Waste for Otago APPENDICES

17 Identification of corporate environmental performance standards, national or industry group codes of practice, or other recognised environmental safety standards with which the operation of the facility will comply, and a description of the means for auditing compliance.

18 Identification of management responsibilities for compliance with resource consents and environmental regulatory requirements.

19 Outline of emergency response procedures and contingency plans including: • Power failure; • Fire; and • Emergency contacts.

20 Outline of contingency plans to restore or remedy any potential adverse environmental effects caused by the operation of the offal pitlandfill, including effects that may arise after waste disposal operations have ceased and details of proposed environmental trigger/action levels for implementation of the preferred contingency options.

Appendices:

• Aerial photograph or drawing showing the site layout • Staged management plans • Final landform plan

Regional Plan: Waste for Otago 133 APPENDIX H Overview of the relevant provisions of the Resource Management Act 1991

Part 2 Purpose and principles

5 Purpose

6 Matters of national importance

7 Other matters

8 Treaty of Waitangi

Water

14 Restrictions relating to water Part 4 Functions, powers, and duties of central and local government

Functions, powers, and duties of Ministers

24A Power of Minister for the Environment to investigate and make recommendations

Functions, powers, and duties of local authorities

30 Functions of regional councils under this Act

32 Requirements for preparing and publishing evaluation reports Part 5 Standards, policy statements, and plans

Subpart 1—National direction

National environmental standards

43B Relationship between national environmental standards and rules or consents

National policy statements

45 Purpose of national policy statements (other than New Zealand coastal policy statements)

New Zealand coastal policy statements

56 Purpose of New Zealand coastal policy statements

Regional plans

63 Purpose of regional plans

65 Preparation and change of other regional plans

66 Matters to be considered by regional council (plans)

67 Contents of regional plans

68 Regional rules Regional coastal plan not to authorise aquaculture activities in coastal marine area as 68A permitted activities

69 Rules relating to water quality

70 Rules about discharges

Review

79 Review of policy statements and plans

Subpart 4—Freshwater planning process

80A Freshwater planning process Part 6AA Proposals of national significance

Subpart 1—Minister may make direction in relation to matter

Matter lodged with local authority

142 Minister may call in matter that is or is part of proposal of national significance

149 EPA may request further information or commission report

APPENDIX I

National Policy Statement for Freshwater Management 2020 August 2020

This National Policy Statement was approved by the Governor-General under section 52(2) of the Resource Management Act 1991 on 3 August 2020, and is published by the Minister for the Environment under section 54 of that Act.

This National Policy Statement replaces the National Policy Statement for Freshwater Management 2014 (as amended in 2017), which came into force on 7 September 2017.

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Contents

Part 1: Preliminary provisions 5 1.1 Title 5 1.2 Commencement 5 1.3 Fundamental concept – Te Mana o te Wai 5 1.4 Interpretation 6 1.5 Application 8 1.6 Best information 8 1.7 Application of section 55(2A) of Act 8 1.8 Incorporation by reference 8

Part 2: Objective and policies 9 2.1 Objective 9 2.2 Policies 9

Part 3: Implementation 11 3.1 Overview of Part 11 Subpart 1 Approaches to implementing the National Policy Statement 11 3.2 Te Mana o te Wai 11 3.3 Long-term visions for freshwater 12 3.4 Tangata whenua involvement 12 3.5 Integrated management 13 3.6 Transparent decision-making 14 Subpart 2 National Objectives Framework 14 3.7 NOF process 14 3.8 Identifying FMUs and special sites and features 15 3.9 Identifying values and setting environmental outcomes as objectives 15 3.10 Identifying attributes and their baseline states, or other criteria for assessing achievement of environmental outcomes 16 3.11 Setting target attribute states 16 3.12 How to achieve target attribute states and environmental outcomes 17 3.13 Special provisions for attributes affected by nutrients 18 3.14 Setting limits on resource use 18 3.15 Preparing action plans 19 3.16 Setting environmental flows and levels 20 3.17 Identifying take limits 20 3.18 Monitoring 21

National Policy Statement for Freshwater Management 2020 3 3.19 Assessing trends 21 3.20 Responding to degradation 22 Subpart 3 Specific requirements 22 3.21 Definitions relating to wetlands and rivers 22 3.22 Natural inland wetlands 24 3.23 Mapping and monitoring natural inland wetlands 25 3.24 Rivers 26 3.25 Deposited sediment in rivers 27 3.26 Fish passage 27 3.27 Primary contact sites 29 3.28 Water allocation 29 3.29 Freshwater accounting systems 30 3.30 Assessing and reporting 31 3.31 Large hydro-electric generation schemes 32 3.32 Naturally occurring processes 32 3.33 Specified vegetable growing areas 33

Part 4: Timing and transitionals 35 4.1 Timing 35 4.2 Keeping policy statements and plans up to date 35 4.3 Existing policy statements and plans 35

Appendices 36 Appendix 1A – Compulsory values 36 Appendix 1B – Other values that must be considered 38 Appendix 2A – Attributes requiring limits on resource use 40 Appendix 2B – Attributes requiring action plans 50 Appendix 2C – Sediment classification tables 62 Appendix 3 – National target for primary contact 64 Appendix 4 – Details for instream structures 66 Appendix 5 – Specified vegetable growing areas 69

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Part 1: Preliminary provisions

1.1 Title (1) This is the National Policy Statement for Freshwater Management 2020.

1.2 Commencement (1) This National Policy Statement comes into force on 3 September 2020.

(2) See Part 4 for provisions about the timing of the implementation of this National Policy Statement.

1.3 Fundamental concept – Te Mana o te Wai

Concept (1) Te Mana o te Wai is a concept that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and well-being of the wider environment. It protects the mauri of the wai. Te Mana o te Wai is about restoring and preserving the balance between the water, the wider environment, and the community.

(2) Te Mana o te Wai is relevant to all freshwater management and not just to the specific aspects of freshwater management referred to in this National Policy Statement.

Framework (3) Te Mana o te Wai encompasses 6 principles relating to the roles of tangata whenua and other New Zealanders in the management of freshwater, and these principles inform this National Policy Statement and its implementation.

(4) The 6 principles are: (a) Mana whakahaere: the power, authority, and obligations of tangata whenua to make decisions that maintain, protect, and sustain the health and well-being of, and their relationship with, freshwater (b) Kaitiakitanga: the obligation of tangata whenua to preserve, restore, enhance, and sustainably use freshwater for the benefit of present and future generations (c) Manaakitanga: the process by which tangata whenua show respect, generosity, and care for freshwater and for others (d) Governance: the responsibility of those with authority for making decisions about freshwater to do so in a way that prioritises the health and well-being of freshwater now and into the future (e) Stewardship: the obligation of all New Zealanders to manage freshwater in a way that ensures it sustains present and future generations (f) Care and respect: the responsibility of all New Zealanders to care for freshwater in providing for the health of the nation.

National Policy Statement for Freshwater Management 2020 5 (5) There is a hierarchy of obligations in Te Mana o te Wai that prioritises: (a) first, the health and well-being of water bodies and freshwater ecosystems (b) second, the health needs of people (such as drinking water) (c) third, the ability of people and communities to provide for their social, economic, and cultural well-being, now and in the future.

1.4 Interpretation (1) In this National Policy Statement: Act means the Resource Management Act 1991 attribute means a measurable characteristic (numeric, narrative, or both) that can be used to assess the extent to which a particular value is provided for baseline state, in relation to an attribute, means the best state out of the following: (a) the state on the date it is first identified by a regional council (b) the state on the date on which a regional council set a freshwater objective for the attribute under the National Policy Statement for Freshwater Management 2014 (as amended in 2017) (c) the state on 7 September 2017 commencement date means the date on which this National Policy Statement comes into force compulsory value means the 4 values described in Appendix 1A, being: ecosystem health, human contact, mahinga kai, and threatened species degraded, in relation to an FMU or part of an FMU, means that as a result of something other than a naturally occurring process: (a) a site or sites in the FMU or part of the FMU to which a target attribute state applies: (i) is below a national bottom line; or (ii) is not achieving or is not likely to achieve a target attribute state; or (b) the FMU or part of the FMU is not achieving or is not likely to achieve an environmental flow and level set for it; or (c) the FMU or part of the FMU is less able (when compared to 7 September 2017) to provide for any value identified for it under the NOF degrading, in relation to an FMU or part of an FMU, means that any site or sites to which a target attribute state applies is experiencing, or is likely to experience, a deteriorating trend (as assessed under clause 3.19) environmental outcome means, in relation to a value that applies to an FMU or part of an FMU, a desired outcome that a regional council identifies and then includes as an objective in its regional plan(s) (see clause 3.9) Freshwater management unit, or FMU, means all or any part of a water body or water bodies, and their related catchments, that a regional council determines under clause 3.8 is an appropriate unit for freshwater management and accounting purposes; and part of an FMU

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means any part of an FMU including, but not limited to, a specific site, river reach, water body, or part of a water body kaitiakitanga has the meaning given in the Act but includes the principle referred to in clause 1.3(4)(b) limit means either a limit on resource use or a take limit limit on resource use means the maximum amount of a resource use that is permissible while still achieving a relevant target attribute state (see clauses 3.12 and 3.14) long-term vision means a long-term vision developed under clause 3.3 and included as an objective in a regional policy statement Māori freshwater values means the compulsory value of mahinga kai and any other value (whether or not identified in Appendix 1A or 1B) identified for a particular FMU or part of an FMU through collaboration between tangata whenua and the relevant regional council national bottom line means an attribute state identified as such in Appendix 2A or 2B naturally occurring process means a process that occurs, or would occur, in the absence of human activity natural inland wetland has the meaning in clause 3.21 National Objectives Framework, or NOF, means the framework for managing freshwater as described in subpart 2 of Part 3 outstanding water body means a water body, or part of a water body, identified in a regional policy statement, a regional plan, or a water conservation order as having one or more outstanding values over-allocation, in relation to both the quantity and quality of freshwater, is the situation where: (a) resource use exceeds a limit; or (b) if limits have not been set, an FMU or part of an FMU is degraded or degrading primary contact site means a site identified by a regional council that it considers is regularly used, or would be regularly used but for existing freshwater quality, for recreational activities such as swimming, paddling, boating, or watersports, and particularly for activities where there is a high likelihood of water or water vapour being ingested or inhaled publish, in relation to an obligation on a local authority to publish material, means to make the material freely available to the public on the local authority’s internet website or another web- based platform receiving environment includes, but is not limited to, any water body (such as a river, lake, wetland or aquifer) and the coastal marine area (including estuaries) take limit means a limit on the amount of water that can be taken from an FMU or part of an FMU, as set under clause 3.17 Te Mana o te Wai has the meaning set out in clause 1.3 threatened species means any indigenous species of flora or fauna that: (a) relies on water bodies for at least part of its life cycle; and (b) meets the criteria for nationally critical, nationally endangered, or nationally vulnerable species in the New Zealand Threat Classification System Manual

National Policy Statement for Freshwater Management 2020 7 (2) Terms defined in the Act and used in this National Policy Statement have the meanings in the Act, except as otherwise specified.

1.5 Application (1) This National Policy Statement applies to all freshwater (including groundwater) and, to the extent they are affected by freshwater, to receiving environments (which may include estuaries and the wider coastal marine area).

1.6 Best information (1) A requirement in this National Policy Statement to use the best information available at the time is a requirement to use, if practicable, complete and scientifically robust data.

(2) In the absence of complete and scientifically robust data, the best information may include information obtained from modelling, as well as partial data, local knowledge, and information obtained from other sources, but in this case local authorities must: (a) prefer sources of information that provide the greatest level of certainty; and (b) take all practicable steps to reduce uncertainty (such as through improvements to monitoring or the validation of models used).

(3) A person who is required to use the best information available at the time: (a) must not delay making decisions solely because of uncertainty about the quality or quantity of the information available; and (b) if the information is uncertain, must interpret it in the way that will best give effect to this National Policy Statement.

1.7 Application of section 55(2A) of Act (1) The changes to regional policy statements and regional plans required by the following provisions of this National Policy Statement are amendments referred to in section 55(2) of the Act (which, because of section 55(2A) of the Act, means that the changes must be made without using a process in Schedule 1 of the Act): (a) clause 3.22(1) (Natural inland wetlands) (b) clause 3.24(1) (Rivers) (c) clause 3.26(1) (Fish passage).

(2) See clause 4.3(3) about changes that merely update wording or terminology.

1.8 Incorporation by reference (1) Clause 2(1) of Schedule 1AA of the Act does not apply to any material incorporated by reference in this National Policy Statement.

(2) All material incorporated by reference in this National Policy Statement is available at: www.mfe.govt.nz/fresh-water/npsfm/documents-incorporated-by-reference.

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Part 2: Objective and policies

2.1 Objective (1) The objective of this National Policy Statement is to ensure that natural and physical resources are managed in a way that prioritises: (a) first, the health and well-being of water bodies and freshwater ecosystems (b) second, the health needs of people (such as drinking water) (c) third, the ability of people and communities to provide for their social, economic, and cultural well-being, now and in the future.

2.2 Policies Policy 1: Freshwater is managed in a way that gives effect to Te Mana o te Wai.

Policy 2: Tangata whenua are actively involved in freshwater management (including decision- making processes), and Māori freshwater values are identified and provided for.

Policy 3: Freshwater is managed in an integrated way that considers the effects of the use and development of land on a whole-of-catchment basis, including the effects on receiving environments.

Policy 4: Freshwater is managed as part of New Zealand’s integrated response to climate change.

Policy 5: Freshwater is managed through a National Objectives Framework to ensure that the health and well-being of degraded water bodies and freshwater ecosystems is improved, and the health and well-being of all other water bodies and freshwater ecosystems is maintained and (if communities choose) improved.

Policy 6: There is no further loss of extent of natural inland wetlands, their values are protected, and their restoration is promoted.

Policy 7: The loss of river extent and values is avoided to the extent practicable.

Policy 8: The significant values of outstanding water bodies are protected.

Policy 9: The habitats of indigenous freshwater species are protected.

Policy 10: The habitat of trout and salmon is protected, insofar as this is consistent with Policy 9.

Policy 11: Freshwater is allocated and used efficiently, all existing over-allocation is phased out, and future over-allocation is avoided.

Policy 12: The national target (as set out in Appendix 3) for water quality improvement is achieved.

Policy 13: The condition of water bodies and freshwater ecosystems is systematically monitored over time, and action is taken where freshwater is degraded, and to reverse deteriorating trends.

National Policy Statement for Freshwater Management 2020 9 Policy 14: Information (including monitoring data) about the state of water bodies and freshwater ecosystems, and the challenges to their health and well-being, is regularly reported on and published.

Policy 15: Communities are enabled to provide for their social, economic, and cultural well- being in a way that is consistent with this National Policy Statement.

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Part 3: Implementation

3.1 Overview of Part (1) This Part sets out a non-exhaustive list of things that local authorities must do to give effect to the objective and policies in Part 2 of this National Policy Statement, but nothing in Part 3 limits the general obligation under the Act to give effect to the objective and policies in Part 2 of this National Policy Statement.

(2) Nothing in this Part: (a) prevents a local authority adopting more stringent measures than required by this National Policy Statement; or (b) limits a local authority’s functions and duties under the Act in relation to freshwater.

(3) In this Part: (a) subpart 1 sets out how local authorities must implement this National Policy Statement, particularly in relation to giving effect to Te Mana o te Wai (b) subpart 2 sets out the National Objectives Framework for managing freshwater (c) subpart 3 set out additional requirements on regional councils relating to freshwater management.

Subpart 1 Approaches to implementing the National Policy Statement

3.2 Te Mana o te Wai (1) Every regional council must engage with communities and tangata whenua to determine how Te Mana o te Wai applies to water bodies and freshwater ecosystems in the region.

(2) Every regional council must give effect to Te Mana o te Wai, and in doing so must: (a) actively involve tangata whenua in freshwater management (including decision- making processes), as required by clause 3.4; and (b) engage with communities and tangata whenua to identify long-term visions, environmental outcomes, and other elements of the NOF; and (c) apply the hierarchy of obligations, as set out in clause 1.3(5): (i) when developing long-term visions under clause 3.3; and (ii) when implementing the NOF under subpart 2; and (iii) when developing objectives, policies, methods, and criteria for any purpose under subpart 3 relating to natural inland wetlands, rivers, fish passage, primary contact sites, and water allocation; and (d) enable the application of a diversity of systems of values and knowledge, such as mātauranga Māori, to the management of freshwater; and

National Policy Statement for Freshwater Management 2020 11 (e) adopt an integrated approach, ki uta ki tai, to the management of freshwater (see clause 3.5).

(3) Every regional council must include an objective in its regional policy statement that describes how the management of freshwater in the region will give effect to Te Mana o te Wai.

(4) In addition to subclauses (1) to (3), Te Mana o te Wai must inform the interpretation of: (a) this National Policy Statement; and (b) the provisions required by this National Policy Statement to be included in regional policy statements and regional and district plans.

3.3 Long-term visions for freshwater (1) Every regional council must develop long-term visions for freshwater in its region and include those long-term visions as objectives in its regional policy statement.

(2) Long-term visions: (a) may be set at FMU, part of an FMU, or catchment level; and (b) must set goals that are ambitious but reasonable (that is, difficult to achieve but not impossible); and (c) identify a timeframe to achieve those goals that is both ambitious and reasonable (for example, 30 years after the commencement date).

(3) Every long-term vision must: (a) be developed through engagement with communities and tangata whenua about their long-term wishes for the water bodies and freshwater ecosystems in the region; and (b) be informed by an understanding of the history of, and environmental pressures on, the FMU, part of the FMU, or catchment; and (c) express what communities and tangata whenua want the FMU, part of the FMU, or catchment to be like in the future.

(4) Every regional council must assess whether each FMU, part of an FMU, or catchment (as relevant) can provide for its long-term vision, or whether improvement to the health and well-being of water bodies and freshwater ecosystems is required to achieve the vision.

3.4 Tangata whenua involvement (1) Every local authority must actively involve tangata whenua (to the extent they wish to be involved) in freshwater management (including decision-making processes), including in all the following: (a) identifying the local approach to giving effect to Te Mana o te Wai (b) making or changing regional policy statements and regional and district plans so far as they relate to freshwater management (c) implementing the NOF (see subclause (2))

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(d) developing and implementing mātauranga Māori and other monitoring.

(2) In particular, and without limiting subclause (1), for the purpose of implementing the NOF, every regional council must work collaboratively with, and enable, tangata whenua to: (a) identify any Māori freshwater values (in addition to mahinga kai) that apply to any FMU or part of an FMU in the region; and (b) be actively involved (to the extent they wish to be involved) in decision-making processes relating to Māori freshwater values at each subsequent step of the NOF process.

(3) Every regional council must work with tangata whenua to investigate the use of mechanisms available under the Act, to involve tangata whenua in freshwater management, such as: (a) transfers or delegations of power under section 33 of the Act (b) joint management agreements under section 36B of the Act (c) mana whakahono a rohe (iwi participation arrangements) under subpart 2 of Part 5 of the Act.

(4) To avoid doubt, nothing in this National Policy Statement permits or requires a local authority to act in a manner that is, or make decisions that are, inconsistent with any relevant iwi participation legislation or any directions or visions under that legislation.

3.5 Integrated management (1) Adopting an integrated approach, ki uta ki tai, as required by Te Mana o te Wai, requires that local authorities must: (a) recognise the interconnectedness of the whole environment, from the mountains and lakes, down the rivers to hāpua (lagoons), wahapū (estuaries) and to the sea; and (b) recognise interactions between freshwater, land, water bodies, ecosystems, and receiving environments; and (c) manage freshwater, and land use and development, in catchments in an integrated and sustainable way to avoid, remedy, or mitigate adverse effects, including cumulative effects, on the health and well-being of water bodies, freshwater ecosystems, and receiving environments; and (d) encourage the co-ordination and sequencing of regional or urban growth.

(2) Every regional council must make or change its regional policy statement to the extent needed to provide for the integrated management of the effects of: (a) the use and development of land on freshwater; and (b) the use and development of land and freshwater on receiving environments.

(3) In order to give effect to this National Policy Statement, local authorities that share jurisdiction over a catchment must co-operate in the integrated management of the effects of land use and development on freshwater.

National Policy Statement for Freshwater Management 2020 13 (4) Every territorial authority must include objectives, policies, and methods in its district plan to promote positive effects, and avoid, remedy, or mitigate adverse effects (including cumulative effects), of urban development on the health and well-being of water bodies, freshwater ecosystems, and receiving environments.

3.6 Transparent decision-making (1) This clause applies to decisions by regional councils relating to: (a) clause 3.4(3) (about mechanisms to involve tangata whenua in freshwater management); and (b) clause 3.15 (about preparing action plans).

(2) Every regional council must make decisions, record matters considered and the reasons for decisions reached, and publish this as soon as practicable after a decision is reached, unless publication would be contrary to any other legal obligation.

(3) In this clause, decision includes a decision not to decide on, or to postpone deciding, any substantive issue and, in relation to decisions about mechanisms to involve tangata whenua in freshwater management, includes a decision to use or not use a mechanism.

Subpart 2 National Objectives Framework

3.7 NOF process (1) At each step of the NOF process, every regional council must: (a) engage with communities and tangata whenua; and (b) apply the hierarchy of obligations set out in clause 1.3(5), as required by clause 3.2(2)(c).

(2) By way of summary, the NOF process requires regional councils to undertake the following steps: (a) identify FMUs in the region (clause 3.8) (b) identify values for each FMU (clause 3.9) (c) set environmental outcomes for each value and include them as objectives in regional plans (clause 3.9) (d) identify attributes for each value and set baseline states for those attributes (clause 3.10) (e) set target attribute states, environmental flows and levels, and other criteria to support the achievement of environmental outcomes (clauses 3.11, 3.13, 3.16) (f) set limits as rules and prepare action plans (as appropriate) to achieve environmental outcomes (clauses 3.12, 3.15, 3.17).

(3) The NOF also requires that regional councils: (a) monitor water bodies and freshwater ecosystems (clauses 3.18 and 3.19); and (b) take action if degradation is detected (clause 3.20).

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3.8 Identifying FMUs and special sites and features (1) Every regional council must identify FMUs for its region.

(2) Every water body in the region must be located within at least one FMU.

(3) Every regional council must also identify the following (if present) within each FMU: (a) sites to be used for monitoring (b) primary contact sites (c) the location of habitats of threatened species (d) outstanding water bodies (e) natural inland wetlands.

(4) Monitoring sites for an FMU must be located at sites that are either or both of the following: (a) representative of the FMU or relevant part of the FMU (b) representative of one or more primary contact sites in the FMU.

(5) Monitoring sites relating to Māori freshwater values: (a) need not comply with subclause (4), but may instead reflect one or more Māori freshwater values; and (b) must be determined in collaboration with tangata whenua.

3.9 Identifying values and setting environmental outcomes as objectives (1) The compulsory values listed in Appendix 1A apply to every FMU, and the requirements in this subpart relating to values apply to each of the 5 biophysical components of the value Ecosystem health.

(2) A regional council may identify other values applying to an FMU or part of an FMU, and must in every case consider whether the values listed in Appendix 1B apply.

(3) The regional council must identify an environmental outcome for every value that applies to an FMU or part of an FMU.

(4) The regional council must include the environmental outcomes as an objective, or multiple objectives, in its regional plan(s).

(5) The environmental outcomes must: (a) describe the environmental outcome sought for the value in a way that enables an assessment of the effectiveness of the regional policy statement and plans (including limits and methods) and action plans in achieving the environmental outcome; and (b) when achieved, fulfil the relevant long-term visions developed under clause 3.3 and the objective of this National Policy Statement.

National Policy Statement for Freshwater Management 2020 15 3.10 Identifying attributes and their baseline states, or other criteria for assessing achievement of environmental outcomes (1) For each value that applies to an FMU or part of an FMU, the regional council: (a) must use all the relevant attributes identified in Appendix 2A and 2B for the compulsory values listed (except where specifically provided otherwise); and (b) may identify other attributes for any compulsory value; and (c) must identify, where practicable, attributes for all other applicable values; and (d) if attributes cannot be identified for a value, or if attributes are insufficient to assess a value, must identify alternative criteria to assess whether the environmental outcome of the value is being achieved.

(2) Any attribute identified by a regional council under subclause (1)(b) or (c) must be specific and, where practicable, be able to be assessed in numeric terms.

(3) Every regional council must identify the baseline state of each attribute, using the best information available at the time.

(4) Attribute states and baseline states may be expressed in a way that accounts for natural variability and sampling error.

3.11 Setting target attribute states (1) In order to achieve the environmental outcomes included as objectives under clause 3.9, every regional council must: (a) set a target attribute state for every attribute identified for a value; and (b) identify the site or sites to which the target attribute state applies.

(2) The target attribute state for every value with attributes (except the value human contact) must be set at or above the baseline state of that attribute.

(3) The target attribute state for the value human contact must be set above the baseline state of that attribute, unless the baseline state is already within the A band of Tables 9 or 10 in Appendix 2A, as applicable.

(4) Despite subclauses (2) and (3), if the baseline state of an attribute is below any national bottom line for that attribute, the target attribute state must be set at or above the national bottom line (see clauses 3.31, 3.32, and 3.33 for exceptions to this).

(5) Every target attribute state must: (a) specify a timeframe for achieving the target attribute state or, if the target attribute state has already been achieved, state that it will be maintained as from a specified date; and (b) for attributes identified in Appendix 2A or 2B, be set in the terms specified in that Appendix; and (c) for any other attribute, be set in any way appropriate to the attribute.

(6) Timeframes for achieving target attribute states may be of any length or period but, if timeframes are long term:

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(a) they must include interim target attribute states (set for intervals of not more than 10 years) to be used to assess progress towards achieving the target attribute state in the long term; and (b) if interim target attribute states are set, references in this National Policy Statement to achieving a target attribute state can be taken as referring to achieving the next interim target attribute state.

(7) Every regional council must ensure that target attribute states are set in such a way that they will achieve the environmental outcomes for the relevant values, and the relevant long-term vision.

(8) When setting target attribute states, every regional council must: (a) have regard to the following: (i) the environmental outcomes and target attribute states of any receiving environments (ii) the connections between water bodies (iii) the connection of water bodies to receiving environments; and (b) use the best information available at the time; and (c) take into account results or information from freshwater accounting systems (see clause 3.29).

3.12 How to achieve target attribute states and environmental outcomes (1) In order to achieve the target attribute states for the attributes in Appendix 2A, every regional council: (a) must identify limits on resource use that will achieve the target attribute state, and any nitrogen and phosphorus exceedance criteria and instream concentrations set under clause 3.13, and include the limits as rules in its regional plan(s); and (b) may prepare an action plan; and (c) may impose conditions on resource consents to achieve target attribute states.

(2) In order to achieve the target attribute states for the attributes in Appendix 2B, every regional council: (a) must prepare an action plan for achieving the target attribute state within a specified timeframe; and (b) may identify limits on resource use, and any nitrogen and phosphorus exceedance criteria and instream concentrations set under clause 3.13, and include them as rules in its regional plan(s); and (c) may impose conditions on resource consents to achieve target attribute states.

(3) In order to achieve any other target attribute state or otherwise support the achievement of environmental outcomes, a regional council must do at least one of the following: (a) identify limits on resource use and include them as rules in its regional plan(s)

National Policy Statement for Freshwater Management 2020 17 (b) prepare an action plan (c) impose conditions on resource consents to achieve target attribute states.

(4) Where the same attribute provides for more than one value, it is the most stringent target attribute state applying to those values that must be achieved.

3.13 Special provisions for attributes affected by nutrients (1) To achieve a target attribute state for periphyton, any other nutrient attribute, and any attribute that is affected by nutrients, every regional council must, at a minimum, set appropriate instream concentrations and exceedance criteria for dissolved inorganic nitrogen (DIN) and dissolved reactive phosphorus (DRP).

(2) Where there are nutrient-sensitive downstream receiving environments, instream concentrations and exceedance criteria for DIN and DRP must be set for the upstream contributing water bodies to achieve the environmental outcomes sought for the downstream receiving environments.

(3) In order to determine instream concentrations and exceedance criteria for DIN and DRP, for upstream contributing water bodies, every regional council must apply the following process, in the order given: (a) either: (i) if the FMU or part of an FMU supports, or could support, conspicuous periphyton, derive instream concentrations and exceedance criteria for DIN and DRP to achieve the periphyton target attribute state; or (ii) if the FMU or part of an FMU does not support, or could not support, conspicuous periphyton, consider the instream concentrations (or instream loads) and exceedance criteria for nitrogen and phosphorus needed to achieve any other target attribute state (b) if there are nutrient-sensitive receiving environments, derive the relevant instream concentrations (instream loads) and exceedance criteria for nitrogen and phosphorus needed to achieve the environmental outcomes sought for those receiving environments (c) compare instream concentrations and exceedance criteria for nitrogen and phosphorus derived in steps (a) and (b) and adopt those necessary to achieve the relevant target attribute state and the environmental outcomes sought for the nutrient-sensitive receiving environments as instream concentrations and exceedance criteria for DIN and DRP for the upstream contributing water bodies.

(4) Examples of attributes affected by nutrients include dissolved oxygen (Appendix 2A, Table 7 and Appendix 2B, Tables 17, 18, and 19), submerged plants (invasive species) (Appendix 2B, Table 12), fish (rivers) (Appendix 2B, Table 13), macroinvertebrates (Appendix 2B, Tables 14 and 15), and ecosystem metabolism (Appendix 2B, Table 21).

3.14 Setting limits on resource use (1) Limits on resource use may: (a) apply to any activity or land use; and

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(b) apply at any scale (such as to all or any part of an FMU, or to a specific water body or individual property); and (c) be expressed as any of the following: (i) a land-use control (such as a control on the extent of an activity) (ii) an input control (such as an amount of fertiliser that may be applied) (iii) an output control (such as a volume or rate of discharge); and (d) describe the circumstances in which the limit applies.

(2) In setting limits on resource use, every regional council must: (a) have regard to the following: (i) the long-term vision set under clause 3.3 (ii) the foreseeable impacts of climate change; and (b) use the best information available at the time; and (c) take into account results or information from freshwater accounting systems.

(3) Limits on resource use must ensure that the instream concentrations and instream nitrogen and phosphorus exceedance criteria determined under clause 3.13 are achieved.

3.15 Preparing action plans (1) Action plans prepared for the purpose of this National Policy Statement may: (a) be prepared for whole FMUs, parts of FMUs, or multiple FMUs; and (b) set out a phased approach to achieving environmental outcomes; and (c) be ‘prepared’ by adding to, amending, or replacing an existing action plan.

(2) An action plan may describe both regulatory measures (such as proposals to amend regional policy statements and plans, and actions taken under the Biosecurity Act 1993 or other legislation) and non-regulatory measures (such as work plans and partnership arrangements with tangata whenua and community groups).

(3) If an action plan is prepared for the purpose of achieving a specific target attribute state or otherwise supporting the achievement of environmental outcomes it must: (a) identify the environmental outcome that the target attribute state is aimed at achieving; and (b) set out how the regional council will (or intends) to achieve the target attribute state.

(4) Action plans: (a) must be published as soon as practicable; and (b) may be published either by appending them to a regional plan or by publishing them separately.

(5) Before preparing an action plan, or amending an action plan other than in a minor way, the regional council must consult with communities and tangata whenua.

National Policy Statement for Freshwater Management 2020 19 (6) Every action plan, or part of an action plan, prepared for the purpose of this National Policy Statement must be reviewed within 5 years after the action plan or part of the action plan is published.

3.16 Setting environmental flows and levels (1) Every regional council must include rules in its regional plan(s) that set environmental flows and levels for each FMU, and may set different flows and levels for different parts of an FMU.

(2) Environmental flows and levels: (a) must be set at a level that achieves the environmental outcomes for the values relating to the FMU or relevant part of the FMU and all relevant long-term visions; but (b) may be set and adapted over time to take a phased approach to achieving those environmental outcomes and long-term visions.

(3) Environmental flows and levels must be expressed in terms of the water level and flow rate, and may include variability of flow (as appropriate to the water body) at which: (a) for flows and levels in rivers, any taking, damming, diversion, or discharge of water meets the environmental outcomes for the river, any connected water body, and receiving environments (b) for levels of lakes, any taking, damming, diversion or discharge of water meets the environmental outcomes for the lake, any connected water body, and receiving environments (c) for levels of groundwater, any taking, damming, or diversion of water meets the environmental outcomes for the groundwater, any connected water body, and receiving environments.

(4) When setting environmental flows and levels, every regional council must: (a) have regard to the foreseeable impacts of climate change; and (b) use the best information available at the time; and (c) take into account results or information from freshwater accounting systems.

3.17 Identifying take limits (1) In order to meet environmental flows and levels, every regional council: (a) must identify take limits for each FMU; and (b) must include the take limits as rules in its regional plan(s); and (c) must state in its regional plan(s) whether (and if so, when and which) existing water permits will be reviewed to comply with environmental flows and levels; and (d) may impose conditions on resource consents.

(2) Take limits must be expressed as a total volume, a total rate, or both a total volume and a total rate, at which water may be:

20 National Policy Statement for Freshwater Management 2020

(a) taken or diverted from an FMU or part of an FMU; or (b) dammed in an FMU or part of an FMU.

(3) Where a regional plan or any resource consent allows the taking, damming, diversion or discharge of water, the plan or resource consent must identify the flows and levels at which: (a) the allowed taking, damming, or diversion will be restricted or no longer allowed; or (b) a discharge will be required.

(4) Take limits must be identified that: (a) provide for flow or level variability that meets the needs of the relevant water body and connected water bodies, and their associated ecosystems; and (b) safeguard ecosystem health from the effects of the take limit on the frequency and duration of lowered flows or levels; and (c) provide for the life cycle needs of aquatic life; and (d) take into account the environmental outcomes applying to relevant water bodies and any connected water bodies (such as aquifers and downstream surface water bodies), whether in the same or another region.

3.18 Monitoring (1) Every regional council must establish methods for monitoring progress towards achieving target attributes states and environmental outcomes.

(2) The methods must include measures of: (a) mātauranga Māori; and (b) the health of indigenous flora and fauna.

(3) Monitoring methods must recognise the importance of long-term trends, and the relationship between results and their contribution to evaluating progress towards achieving long-term visions and environmental outcomes for FMUs and parts of FMUs.

3.19 Assessing trends (1) In order to assess trends in attribute states (that is, whether improving or deteriorating), every regional council must: (a) determine the appropriate period for assessment (which must be the period specified in the relevant attribute table in Appendix 2A or 2B, if given); and (b) determine the minimum sampling frequency and distribution of sampling dates (which must be the frequency and distribution specified in the relevant attribute table in Appendix 2A or 2B, if given); and (c) specify the likelihood of any trend.

(2) If a deteriorating trend is more likely than not, the regional council must: (a) investigate the cause of the trend; and

National Policy Statement for Freshwater Management 2020 21 (b) consider the likelihood of the deteriorating trend, the magnitude of the trend, and the risk of adverse effects on the environment.

(3) If a deteriorating trend that is the result of something other than a naturally occurring process is detected, any part of an FMU to which the attribute applies is degrading and clause 3.20 applies.

(4) If a trend assessment cannot identify a trend because of insufficient monitoring, the regional council must make any practicable changes to the monitoring regime that will or are likely to help detect trends in that attribute state.

3.20 Responding to degradation (1) If a regional council detects that an FMU or part of an FMU is degraded or degrading, it must, as soon as practicable, take action to halt or reverse the degradation (for example, by making or changing a regional plan, or preparing an action plan).

(2) Any action taken in response to a deteriorating trend must be proportionate to the likelihood and magnitude of the trend, the risk of adverse effects on the environment, and the risk of not achieving target attribute states.

(3) Every action plan prepared under this clause must include actions to identify the causes of the deterioration, methods to address those causes, and an evaluation of the effectiveness of the methods.

Subpart 3 Specific requirements

3.21 Definitions relating to wetlands and rivers (1) In clauses 3.21 to 3.24: effects management hierarchy, in relation to natural inland wetlands and rivers, means an approach to managing the adverse effects of an activity on the extent or values of a wetland or river (including cumulative effects and loss of potential value) that requires that: (a) adverse effects are avoided where practicable; and (b) where adverse effects cannot be avoided, they are minimised where practicable; and (c) where adverse effects cannot be minimised, they are remedied where practicable; and (d) where more than minor residual adverse effects cannot be avoided, minimised, or remedied, aquatic offsetting is provided where possible; and (e) if aquatic offsetting of more than minor residual adverse effects is not possible, aquatic compensation is provided; and (f) if aquatic compensation is not appropriate, the activity itself is avoided functional need means the need for a proposal or activity to traverse, locate or operate in a particular environment because the activity can only occur in that environment

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improved pasture means an area of land where exotic pasture species have been deliberately sown or maintained for the purpose of pasture production, and species composition and growth has been modified and is being managed for livestock grazing loss of value, in relation to a natural inland wetland or river, means the wetland or river is less able to provide for the following existing or potential values: (a) any value identified for it under the NOF process; or (b) any of the following, whether or not they are identified under the NOF process: (i) ecosystem health (ii) indigenous biodiversity (iii) hydrological functioning (iv) Māori freshwater values (v) amenity natural wetland means a wetland (as defined in the Act) that is not: (a) a wetland constructed by artificial means (unless it was constructed to offset impacts on, or restore, an existing or former natural wetland); or (b) a geothermal wetland; or (c) any area of improved pasture that, at the commencement date, is dominated by (that is more than 50% of) exotic pasture species and is subject to temporary rain- derived water pooling natural inland wetland means a natural wetland that is not in the coastal marine area specified infrastructure means any of the following: (a) infrastructure that delivers a service operated by a lifeline utility (as defined in the Civil Defence Emergency Management Act 2002) (b) regionally significant infrastructure identified as such in a regional policy statement or regional plan (c) any public flood control, flood protection, or drainage works carried out: (i) by or on behalf of a local authority, including works carried out for the purposes set out in section 133 of the Soil Conservation and Rivers Control Act 1941; or (ii) for the purpose of drainage by drainage districts under the Land Drainage Act 1908 restoration, in relation to a natural inland wetland, means active intervention and management, appropriate to the type and location of the wetland, aimed at restoring its ecosystem health, indigenous biodiversity, or hydrological functioning.

(2) For the purpose of the definition of effects management hierarchy: aquatic compensation means a conservation outcome resulting from actions that are intended to compensate for any more than minor residual adverse effects on a wetland or river after all appropriate avoidance, minimisation, remediation, and aquatic offset measures have been sequentially applied aquatic offset means a measurable conservation outcome resulting from actions that are intended to:

National Policy Statement for Freshwater Management 2020 23 (a) redress any more than minor residual adverse effects on a wetland or river after all appropriate avoidance, minimisation, and remediation, measures have been sequentially applied; and (b) achieve no net loss, and preferably a net gain, in the extent and values of the wetland or river, where: (i) no net loss means that the measurable positive effects of actions match any loss of extent or values over space and time, taking into account the type and location of the wetland or river; and (ii) net gain means that the measurable positive effects of actions exceed the point of no net loss

3.22 Natural inland wetlands (1) Every regional council must include the following policy (or words to the same effect) in its regional plan(s):

“The loss of extent of natural inland wetlands is avoided, their values are protected, and their restoration is promoted, except where: (a) the loss of extent or values arises from any of the following: (i) the customary harvest of food or resources undertaken in accordance with tikanga Māori (ii) restoration activities (iii) scientific research (iv) the sustainable harvest of sphagnum moss (v) the construction or maintenance of wetland utility structures (as defined in the Resource Management (National Environmental Standards for Freshwater) Regulations 2020) (vi) the maintenance or operation of specified infrastructure, or other infrastructure (as defined in the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (vii) natural hazard works (as defined in the Resource Management (National Environmental Standards for Freshwater) Regulations 2020); or (b) the regional council is satisfied that: (i) the activity is necessary for the construction or upgrade of specified infrastructure; and (ii) the specified infrastructure will provide significant national or regional benefits; and (iii) there is a functional need for the specified infrastructure in that location; and (iv) the effects of the activity are managed through applying the effects management hierarchy.”

(2) Subclause (3) applies to an application for a consent for an activity: (a) that falls within any exception referred to in paragraph (a)(ii) to (vii) or (b) of the policy in subclause (1); and (b) would result (directly or indirectly) in the loss of extent or values of a natural inland wetland.

(3) Every regional council must make or change its regional plan(s) to ensure that an application referred to in subclause (2) is not granted unless:

24 National Policy Statement for Freshwater Management 2020

(a) the council is satisfied that the applicant has demonstrated how each step of the effects management hierarchy will be applied to any loss of extent or values of the wetland (including cumulative effects and loss of potential value), particularly (without limitation) in relation to the values of: ecosystem health, indigenous biodiversity, hydrological functioning, Māori freshwater values, and amenity value; and (b) any consent is granted subject to: (i) conditions that apply the effects management hierarchy; and (ii) a condition requiring monitoring of the wetland at a scale commensurate with the risk of the loss of extent or values of the wetland.

(4) Every regional council must make or change its regional plan(s) to include objectives, policies, and methods that provide for and promote the restoration of natural inland wetlands in its region, with a particular focus on restoring the values of ecosystem health, indigenous biodiversity, hydrological functioning, Māori freshwater values, and amenity value.

3.23 Mapping and monitoring natural inland wetlands (1) Every regional council must identify and map every natural inland wetland in its region that is: (a) 0.05 hectares or greater in extent; or (b) of a type that is naturally less than 0.05 hectares in extent (such as an ephemeral wetland) and known to contain threatened species.

(2) However, a regional council need not identify and map natural inland wetlands located in public conservation lands or waters (as that term is defined in the Conservation General Policy 2005 issued under the Conservation Act 1987).

(3) In case of uncertainty or dispute about the existence or extent of a natural inland wetland, a regional council must have regard to the Wetland delineation protocols (see clause 1.8).

(4) The mapping of natural inland wetlands must be completed within 10 years of the commencement date, and the regional council must prioritise its mapping, for example by: (a) first, mapping any wetland at risk of loss of extent or values; then (b) mapping any wetland identified in a farm environment plan, or that may be affected by an application for, or review of, a resource consent; then (c) mapping all other natural inland wetlands.

(5) Every regional council must establish and maintain an inventory of all natural inland wetlands mapped under this clause, and the inventory: (a) must include, at a minimum, the following information about each wetland: (i) identifier and location (ii) area and GIS polygon (iii) classification of wetland type

National Policy Statement for Freshwater Management 2020 25 (iv) any existing monitoring information; and (b) may include any other information (such as an assessment of the values applying to the wetland and any new information obtained from monitoring).

(6) Every regional council must: (a) develop and undertake a monitoring plan that: (i) monitors the condition of its natural inland wetlands (including, if the council chooses, wetlands referred to in subclause (2)); and (ii) contains sufficient information to enable the council to assess whether its policies, rules, and methods are ensuring no loss of extent or values of those wetlands; and (b) have methods to respond if loss of extent or values is detected.

3.24 Rivers (1) Every regional council must include the following policy (or words to the same effect) in its regional plan(s):

“The loss of river extent and values is avoided, unless the council is satisfied: (a) that there is a functional need for the activity in that location; and (b) the effects of the activity are managed by applying the effects management hierarchy.”

(2) Subclause (3) applies to an application for a consent for an activity: (a) that falls within the exception to the policy described in subclause (1); and (b) would result (directly or indirectly) in the loss of extent or values of a river.

(3) Every regional council must make or change its regional plan(s) to ensure that an application referred to in subclause (2) is not granted unless: (a) the council is satisfied that the applicant has demonstrated how each step in the effects management hierarchy will be applied to any loss of extent or values of the river (including cumulative effects and loss of potential value), particularly (without limitation) in relation to the values of: ecosystem health, indigenous biodiversity, hydrological functioning, Māori freshwater values, and amenity; and (b) any consent granted is subject to conditions that apply the effects management hierarchy.

(4) Every regional council must: (a) develop and undertake a monitoring plan that: (i) monitors the condition of its rivers; and (ii) contains sufficient information to enable the council to assess whether its policies, rules, and methods are ensuring no loss of extent or values of the rivers; and (b) have methods to respond if loss of extent or values is detected.

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3.25 Deposited sediment in rivers (1) If a site to which a target attribute state for deposited fine sediment applies (see Table 16 in Appendix 2B) is soft-bottomed, the regional council must determine whether the site is naturally soft-bottomed or is naturally hard-bottomed.

(2) If a regional council determines that a site that is currently soft-bottomed is naturally hard-bottomed, the council must: (a) monitor deposited sediment at the site using the SAM2 method at least once a year (instead of at the frequency required by Table 16 in Appendix 2B); and (b) monitor freshwater habitat in a manner suitable to the current state of the site (that is, as soft-bottomed); and (c) determine whether, having regard to the relevant long-term vision, it is appropriate to return the site to a hard-bottomed state; and (d) if it is appropriate to return the site to a hard-bottomed state, prepare an action plan for how to do that.

(3) In this clause: soft-bottomed means a site where the bed has a greater than 50% coverage of deposited fine sediment (grain size less than 2 mm in diameter) as determined using the SAM2 method hard-bottomed means a site that is not soft-bottomed naturally, in relation to a site, means its state before the arrival of humans in New Zealand SAM2 method means the method described at p 17 – 20 of Clapcott JE, Young RG, Harding JS, Matthaei CD, Quinn JM, and Death RG. 2011. Sediment Assessment Methods: Protocols and guidelines for assessing the effects of deposited fine sediment on in-stream values. Cawthron Institute: Nelson, New Zealand (see clause 1.8).

3.26 Fish passage (1) Every regional council must include the following fish passage objective (or words to the same effect) in its regional plan(s):

“The passage of fish is maintained, or is improved, by instream structures, except where it is desirable to prevent the passage of some fish species in order to protect desired fish species, their life stages, or their habitats.”

(2) Every regional council must make or change its regional plan(s) to include policies that: (a) identify the desired fish species, and their relevant life stages, for which instream structures must provide passage; and (b) identify the undesirable fish species whose passage can or should be prevented; and (c) identify rivers and receiving environments where desired fish species have been identified; and (d) identify rivers and receiving environments where fish passage for undesirable fish species is to be impeded in order to manage their adverse effects on fish populations upstream or downstream of any barrier.

(3) When developing the policies required by subclause (2) a regional council must:

National Policy Statement for Freshwater Management 2020 27 (a) take into account any Freshwater Fisheries Management Plans and Sports Fish and Game Management Plans approved by the Minister of Conservation under the Conservation Act 1987; and (b) seek advice from the Department of Conservation and statutory fisheries managers regarding fish habitat and population management.

(4) Every regional council must make or change its regional plan(s) to require that regard is had to at least the following when considering an application for a consent relating to an instream structure: (a) the extent to which it provides, and will continue to provide for the foreseeable life of the structure, for the fish passage objective in subclause (1) (b) the extent to which it does not cause a greater impediment to fish movements than occurs in adjoining river reaches and receiving environments (c) the extent to which it provides efficient and safe passage for fish, other than undesirable fish species, at all their life stages (d) the extent to which it provides the physical and hydraulic conditions necessary for the passage of fish (e) any proposed monitoring and maintenance plan for ensuring that the structure meets the fish passage objective in subclause (1) for fish now and in the future.

(5) Every regional council must make or change its regional plan(s) to promote the remediation of existing structures and the provision of fish passage (other than for undesirable fish species) where practicable.

(6) Every regional council must prepare an action plan to support the achievement of the fish passage objective in subclause (1), and the action plan must, at a minimum: (a) set out a work programme to improve the extent to which existing instream structures achieve the fish passage objective; and (b) set targets for remediation of existing instream structures; and (c) achieve any environmental outcomes and target attribute states relating to the abundance and diversity of fish.

(7) The work programme in an action plan must, at a minimum: (a) identify instream structures in the region by recording, for each structure: (i) all the information in Part 1 of Appendix 4; and (ii) any other information about the structure, such as the information in Part 2 of Appendix 4; and (b) evaluate the risks that instream structures present as an undesirable barrier to fish passage; and (c) prioritise structures for remediation, applying the ecological criteria described in table 5.1, of the New Zealand Fish Passage Guidelines (see clause 1.8); and (d) document the structures or locations that have been prioritised, the remediation that is required to achieve the desired outcome, and how and when this will be achieved; and

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(e) identify the structures that have been remediated since the commencement date; and (f) specify how the ongoing performance of remediated structures will be monitored and evaluated, including the effects of the structure on the abundance and diversity of desired fish species.

(8) An action plan for fish passage may be part of, or separate from, an action plan prepared for any purpose under this Part, but clause 3.15, about preparing action plans, applies in either case.

3.27 Primary contact sites (1) Every regional council must monitor primary contact sites for: (a) their risk to human health; and (b) their suitability for the activities that take place in them (for example, by monitoring whether there is slippery or unpleasant weed growth, and the visual clarity of the water).

(2) For every primary contact site in an FMU, the regional council must identify one or more monitoring sites representative of the primary contact site or a number of primary contact sites.

(3) Every regional council must identify, for each primary contact site in its region, a time period (a bathing season) during the year when the regional council considers that the site is regularly used, or would be regularly used but for existing freshwater quality, for recreational activities.

(4) During the bathing season for primary contact sites, every regional council must undertake weekly sampling for E. coli at each relevant monitoring site.

(5) However, if a single sample taken during the bathing season from a monitoring site is greater than 260 E. coli per 100 mL, the regional council must (unless the council is satisfied that the elevated result is temporary or the cause is being addressed): (a) increase sampling frequency to daily, where practicable; and (b) take all practicable steps to identify potential causes of microbial contamination.

(6) If a single sample from a monitoring site is greater than 540 E. coli per 100 mL, the regional council must, as soon as practicable, take all practicable steps to notify the public and keep the public informed that the site is unsuitable for primary contact, until further sampling shows a result of 540 E. coli per 100 mL or less.

(7) A regional council may comply with subclause (6) by, for example, erecting signs and publicising the situation, or liaising with an environmental health officer or other relevant body or person to co-ordinate how to inform the public about the situation.

3.28 Water allocation (1) Every regional council must make or change its regional plan(s) to include criteria for: (a) deciding applications to approve transfers of water take permits; and

National Policy Statement for Freshwater Management 2020 29 (b) deciding how to improve and maximise the efficient allocation of water (which includes economic, technical, and dynamic efficiency).

(2) Every regional council must include methods in its regional plan(s) to encourage the efficient use of water.

3.29 Freshwater accounting systems (1) Every regional council must operate and maintain, for every FMU: (a) a freshwater quality accounting system; and (b) a freshwater quantity accounting system.

(2) The purpose of the accounting systems is to provide the baseline information required: (a) for setting target attribute states, environmental flows and levels, and limits; and (b) to assess whether an FMU is, or is expected to be, over-allocated; and (c) to track over time the cumulative effects of activities (such as increases in discharges and changes in land use).

(3) The accounting systems must be maintained at a level of detail commensurate with the significance of the water quality or quantity issues applicable to each FMU or part of an FMU.

(4) Every regional council must publish information from those systems regularly and in a suitable form.

(5) The freshwater quality accounting system must (where practicable) record, aggregate, and regularly update, for each FMU, information on the measured, modelled, or estimated: (a) loads and concentrations of relevant contaminants; and (b) where a desired contaminant load has been set as part of a limit on resource use, or identified as necessary to achieve a target attribute state, the proportion of the contaminant load that has been allocated; and (c) sources of relevant contaminants; and (d) the amount of each contaminant attributable to each source.

(6) The freshwater quantity accounting system must record, aggregate, and regularly update, for each FMU, information on the measured, modelled, or estimated: (a) amount of freshwater take; and (b) the proportion of freshwater taken by each major category of use; and (c) where a take limit has been set, the proportion of the take limit that has been allocated.

(7) In this clause, freshwater take refers to all takes and forms of water consumption, whether metered or not, whether subject to a consent or not, and whether authorised or not.

30 National Policy Statement for Freshwater Management 2020

3.30 Assessing and reporting (1) Every regional council must publish the following annually: (a) actual data, or a link to those data, about each component of the value ecosystem health and the value human contact, as obtained from monitoring sites for the relevant attributes; and if no data has been collected in relation to any attribute, this must be identified (b) actual data, or a link to those data, from any other monitoring done for the purpose of freshwater management (c) a description of any uncertainties associated with the data.

(2) As part of each review required by section 35(2A) of the Act (which is required at least every 5 years), every regional council must prepare and publish the following: (a) an assessment of the extent to which, in the region: (i) the long-term visions, as identified under clause 3.3, are being achieved; and (ii) this National Policy Statement is being given effect to (b) a comparison of the current state of attributes as compared with target attribute states (c) an assessment of whether the target attribute states and environmental outcomes for each FMU or part of an FMU in the region are being achieved and, if not, whether and when they are likely to be (d) if monitoring shows that an FMU or part of an FMU is degraded or degrading, information on the known or likely causes (e) a description of the environmental pressures on each FMU (such as water takes, sources of contaminants, or water body modification) as indicated by information from the freshwater accounting systems referred to in clause 3.29 (f) an assessment of the cumulative effect of changes across multiple sites within an FMU and multiple attributes during the period covered by the assessment (g) predictions of changes, including the foreseeable effects of climate change, that are likely to affect water bodies and freshwater ecosystems in the region (h) an assessment of the actions taken over the past 5 years in the region, whether regulatory or non-regulatory and whether by local authorities or others, that contribute to the implementation of this National Policy Statement.

(3) At the same time that a regional council publishes the review required by section 35(2A) of the Act, the regional council must publish an ecosystem health scorecard that: (a) reports on and gives a score for the state of each component of the value ecosystem health (as described in Appendix 1A) in each FMU in the region; and (b) identifies where any data or information is missing; and (c) provides a single overall score for ecosystem health for each FMU in the region.

(4) The ecosystem health scorecard must: (a) be written and presented in a way that members of the public are likely to understand easily; and

National Policy Statement for Freshwater Management 2020 31 (b) include specific data, or a link to where those data may be viewed.

3.31 Large hydro-electric generation schemes (1) This clause applies to the following 5 hydro-electricity generation schemes (referred to as Schemes): (a) Waikato Scheme (b) Tongariro Scheme (c) Waitaki Scheme (d) Manapouri Scheme (e) Clutha Scheme.

(2) When implementing any part of this National Policy Statement as it applies to an FMU or part of an FMU affected by a Scheme, a regional council must have regard to the importance of the Scheme’s: (a) contribution to meeting New Zealand’s greenhouse gas emission targets; and (b) contribution to maintaining the security of New Zealand’s electricity supply; and (c) generation capacity, storage, and operational flexibility.

(3) Subclause (4) applies if: (a) an FMU or part of an FMU is adversely affected by an existing structure that forms part of a Scheme; and (b) the baseline state of an attribute in the FMU or part of the FMU is below the national bottom line for the attribute; and (c) achieving the national bottom line for the attribute would have a significant adverse effect on the Scheme, having regard to the matters in subclause (2).

(4) When this subclause applies, the regional council: (a) may set a target attribute state that is below the national bottom line for the attribute, despite clause 3.11(4); but (b) must still, as required by clause 3.11(2) and (3), set the target attribute state to achieve an improved attribute state to the extent practicable without having a significant adverse effect on the Scheme having regard to the matters in subclause (2) of this clause.

(5) In this clause, existing structure means a structure that was operational on or before 1 August 2019, and includes any structure that replaces it, provided the effects of the replacement are the same or similar in character, intensity and scale, or have a lesser impact.

3.32 Naturally occurring processes (1) If all or part of a water body is affected by naturally occurring processes that mean that the current state is below the national bottom line, and a target attribute state at or above the national bottom line cannot be achieved, the regional council:

32 National Policy Statement for Freshwater Management 2020

(a) may set a target attribute state that is below the national bottom line for the attribute, despite clause 3.11(4); but (b) must still, as required by clause 3.11(2) and (3), set the target attribute state to achieve an improved attribute state, to the extent practicable given the naturally occurring processes.

(2) In any dispute about whether this exception should apply, the onus is on the relevant regional council to demonstrate that it is naturally occurring processes that prevents the national bottom line being achieved.

3.33 Specified vegetable growing areas (1) This clause applies only to the 2 specified vegetable growing areas identified in Part 1 of Appendix 5.

(2) When implementing any part of this National Policy Statement as it applies to an FMU or part of an FMU that is in, or includes, all or part of a specified vegetable growing area, a regional council must have regard to the importance of the contribution of the specified growing area to: (a) the domestic supply of fresh vegetables; and (b) maintaining food security for New Zealanders.

(3) Subclause (4) applies if: (a) an FMU or part of an FMU is adversely affected by vegetable growing in a specified vegetable growing area; and (b) the baseline state of an attribute specified in Part 2 of Appendix 5 in the FMU or part of the FMU where all or part of the specified vegetable growing area is located is below the national bottom line for the attribute; and (c) achieving the national bottom line for the attribute would compromise the matters in subclause (2).

(4) When this subclause applies, the regional council: (a) may set a target attribute state that is below the national bottom line for the attribute, despite clause 3.11(4); but (b) must still, as required by clause 3.11(2) and (3), set the target attribute state to achieve an improved attribute state without compromising the matters in subclause (2) of this clause.

(5) When implementing clauses 3.12 to 3.14 in relation to FMUs that include all or part of a specified vegetable growing area, a regional council must ensure that vegetable growers in the area are not exempt from any requirements (such as in limits, action plans, and conditions on resource consents) aimed at achieving target attribute states.

(6) This clause ceases to apply to a specified vegetable growing area on the earlier of the following dates: (a) 10 years after the commencement date; or (b) the date National Environmental Standards (or other regulations under the Act) come into force that:

National Policy Statement for Freshwater Management 2020 33 (i) apply to the specified vegetable growing area; and (ii) are made for the purpose of avoiding, remedying, or mitigating the adverse effects of vegetable growing on freshwater.

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Part 4: Timing and transitionals

4.1 Timing (1) Every local authority must give effect to this National Policy Statement as soon as reasonably practicable.

(2) Local authorities must publicly notify any changes to their regional policy statements, regional plans, and district plans that are necessary to give effect to this National Policy Statement as required under the Act.

4.2 Keeping policy statements and plans up to date (1) Once a local authority has made the changes required by clause 4.1, it must continue to make whatever changes to its regional policy statement, regional plan, or district plan are necessary to respond to changes over time in the state of water bodies and freshwater ecosystems in its region or district.

4.3 Existing policy statements and plans (1) To the extent that regional policy statements and regional and district plans already (at the commencement date) give effect to this National Policy Statement, local authorities are not obliged to make changes to wording or terminology merely for consistency with it.

(2) In case of dispute, the onus is on the local authority to show that, despite the different wording or terminology used, their policy statement or plan does implement this National Policy Statement.

(3) However, if a local authority chooses to amend an operative policy statement or plan by merely changing wording or terminology for consistency with this National Policy Statement, the amendment is to be treated as the correction of a minor error (and therefore, under clause 20A of Schedule 1 of the Act, the amendment can be made without using a process in that Schedule).

National Policy Statement for Freshwater Management 2020 35 Appendices

Appendix 1A – Compulsory values

1 Ecosystem health This refers to the extent to which an FMU or part of an FMU supports an ecosystem appropriate to the type of water body (for example, river, lake, wetland, or aquifer).

There are 5 biophysical components that contribute to freshwater ecosystem health, and it is necessary that all of them are managed. They are:

Water quality – the physical and chemical measures of the water, such as temperature, dissolved oxygen, pH, suspended sediment, nutrients and toxicants

Water quantity – the extent and variability in the level or flow of water

Habitat – the physical form, structure, and extent of the water body, its bed, banks and margins; its riparian vegetation; and its connections to the floodplain and to groundwater

Aquatic life – the abundance and diversity of biota including microbes, invertebrates, plants, fish and birds

Ecological processes – the interactions among biota and their physical and chemical environment such as primary production, decomposition, nutrient cycling and trophic connectivity.

In a healthy freshwater ecosystem, all 5 biophysical components are suitable to sustain the indigenous aquatic life expected in the absence of human disturbance or alteration (before providing for other values).

2 Human contact This refers to the extent to which an FMU or part of an FMU supports people being able to connect with the water through a range of activities such as swimming, waka, boating, fishing, mahinga kai, and water skiing, in a range of different flows or levels.

Matters to take into account include pathogens, water clarity, deposited sediment, plant growth (from macrophytes to periphyton to phytoplankton), cyanobacteria, other toxicants, and litter.

3 Threatened species This refers to the extent to which an FMU or part of an FMU that supports a population of threatened species has the critical habitats and conditions necessary to support the presence, abundance, survival, and recovery of the threatened species. All the components of ecosystem health must be managed, as well as (if appropriate) specialised habitat or conditions needed for only part of the life cycle of the threatened species.

36 National Policy Statement for Freshwater Management 2020

4 Mahinga kai Mahinga kai – kai is safe to harvest and eat. Mahinga kai generally refers to freshwater species that have traditionally been used as food, tools, or other resources. It also refers to the places those species are found and to the act of catching or harvesting them. Mahinga kai provide food for the people of the rohe and these sites give an indication of the overall health of the water. For this value, kai would be safe to harvest and eat. Transfer of knowledge is able to occur about the preparation, storage and cooking of kai. In FMUs or parts of FMUs that are used for providing mahinga kai, the desired species are plentiful enough for long-term harvest and the range of desired species is present across all life stages.

Mahinga kai – Kei te ora te mauri (the mauri of the place is intact). In FMUs or parts of FMUs that are valued for providing mahinga kai, customary resources are available for use, customary practices are able to be exercised to the extent desired, and tikanga and preferred methods are able to be practised.

National Policy Statement for Freshwater Management 2020 37 Appendix 1B – Other values that must be considered

1 Natural form and character The FMU or part of the FMU has particular natural qualities that people value. Natural qualities may include exceptional, natural, or iconic aesthetic features.

Matters contributing to the natural form and character of an FMU are its biological, visual and physical characteristics that are valued by the community, including: its biophysical, ecological, geological, geomorphological and morphological aspects the natural movement of water and sediment including hydrological and fluvial processes the natural location of a water body and course of a river the relative dominance of indigenous flora and fauna the presence of culturally significant species the colour of the water the clarity of the water.

2 Drinking water supply The FMU or part of the FMU can meet people’s drinking water needs. Water quality and quantity is sufficient for water to be taken and used for drinking water supply.

Matters affecting the suitability of water for drinking include: physical, chemical, and microbiological contamination (for example, bacteria and cyanotoxins, viruses, protozoa and other pathogens) any other contaminants identified in drinking water standards issued under the Health Act 1956 or any other legislation the effects of contamination on drinking water treatment processes and the safety of drinking water, and its aesthetic value (that is, appearance, taste, and smell).

3 Wai tapu Wai tapu represent the places in an FMU or part of an FMU where rituals and ceremonies are performed, or where there is special significance to tangata whenua.

Rituals and ceremonies include, but are not limited to, tohi (baptism), karakia (prayer), waerea (protective incantation), whakatapu (placing of rāhui), whakanoa (removal of rāhui), and tuku iho (gifting of knowledge and resources to future generations).

In providing for this value, the wai tapu are free from human and animal waste, contaminants and excess sediment, with valued features and unique properties of the wai protected. Other matters that may be important are that there is no artificial mixing of the wai tapu and identified taonga in the wai are protected.

4 Transport and tauranga waka The FMU or part of the FMU is navigable for identified means of transport.

38 National Policy Statement for Freshwater Management 2020

Transport and tauranga waka generally refers to places to launch waka and water craft, and appropriate places for waka to land (tauranga waka).

5 Fishing The FMU or part of the FMU supports fisheries of species allowed to be caught and eaten.

For FMUs or parts of FMUs valued for fishing, the numbers of fish are sufficient and suitable for human consumption. In some areas, fish abundance and diversity provide a range in species and size of fish, and algal growth, water clarity and safety are satisfactory for fishers. Attributes will need to be specific to fish species such as salmon, trout, tuna, lamprey, or whitebait.

6 Hydro-electric power generation The FMU or part of the FMU is suitable for hydro-electric power generation.

Water quality and quantity and the physical qualities of the FMU or part of the FMU, including hydraulic gradient and flow rate, can provide for hydro-electric power generation.

7 Animal drinking water The FMU or part of the FMU meets the needs of farmed animals.

Water quality and quantity meets the needs of farmed animals, including whether it is palatable and safe.

8 Irrigation, cultivation, and production of food and beverages The FMU or part of the FMU meets irrigation needs for any purpose.

Water quality and quantity is suitable for irrigation needs, including supporting the cultivation of food crops, the production of food from farmed animals, non-food crops such as fibre and timber, pasture, sports fields and recreational areas. Attributes will need to be specific to irrigation and food production requirements.

9 Commercial and industrial use The FMU or part of the FMU provides economic opportunities for people, businesses and industries.

Water quality and quantity can provide for commercial and industrial activities. Attributes will need to be specific to commercial or industrial requirements.

National Policy Statement for Freshwater Management 2020 39 Appendix 2A – Attributes requiring limits on resource use

Table 1 – Phytoplankton (trophic state)

Value (and component) Ecosystem health (Aquatic Life)

Freshwater body type Lakes

Attribute unit mg chl-a/ m3 (milligrams chlorophyll-a per cubic metre)

Attribute band and description Numeric attribute state

Annual median Annual maximum A Lake ecological communities are healthy and resilient, ≤2 ≤10 similar to natural reference conditions. B Lake ecological communities are slightly impacted by additional algal and/or plant growth arising from >2 and ≤5 >10 and ≤25 nutrient levels that are elevated above natural reference conditions. C Lake ecological communities are moderately impacted by additional algal and plant growth arising from >5 and ≤12 >25 and ≤60 nutrient levels that are elevated well above natural reference conditions. Reduced water clarity is likely to affect habitat available for native macrophytes.

National bottom line 12 60 D Lake ecological communities have undergone or are at high risk of a regime shift to a persistent, degraded state (without native macrophyte/seagrass cover), due >12 >60 to impacts of elevated nutrients leading to excessive algal and/or plant growth, as well as from losing oxygen in bottom waters of deep lakes.

For lakes and lagoons that are intermittently open to the sea, monitoring data should be analysed separately for closed periods and open periods.

40 National Policy Statement for Freshwater Management 2020

Table 2 – Periphyton (trophic state)

Value (and component) Ecosystem health (Aquatic Life)

Freshwater body type Rivers

Attribute unit mg chl-a/m2 (milligrams chlorophyll-a per square metre)

Numeric attribute state Numeric attribute state Attribute band and description (default class) (productive class)

Exceeded no more than 8% Exceeded no more than 17% of samples of samples A

Rare blooms reflecting negligible nutrient ≤50 ≤50 enrichment and/or alteration of the natural flow regime or habitat. B

Occasional blooms reflecting low nutrient >50 and ≤120 >50 and ≤120 enrichment and/or alteration of the natural flow regime or habitat. C Periodic short-duration nuisance blooms reflecting moderate nutrient enrichment and/or >120 and ≤200 >120 and ≤200 moderate alteration of the natural flow regime or habitat.

National bottom line 200 200 D Regular and/or extended-duration nuisance blooms reflecting high nutrient enrichment >200 >200 and/or significant alteration of the natural flow regime or habitat.

At low risk sites monitoring may be conducted using visual estimates of periphyton cover. Should monitoring based on visual cover estimates indicate that a site is approaching the relevant periphyton abundance threshold, monitoring should then be upgraded to include measurement of chlorophyll-a. Classes are streams and rivers defined according to types in the River Environment Classification (REC). The Productive periphyton class is defined by the combination of REC “Dry” Climate categories (that is, Warm-Dry (WD) and Cool-Dry (CD)) and REC Geology categories that have naturally high levels of nutrient enrichment due to their catchment geology (that is, Soft-Sedimentary (SS), Volcanic Acidic (VA) and Volcanic Basic (VB)). Therefore the productive category is defined by the following REC defined types: WD/SS, WD/VB, WD/VA, CD/SS, CD/VB, CD/VA. The Default class includes all REC types not in the Productive class. Based on a monthly monitoring regime. The minimum record length for grading a site based on periphyton (chlorophyll-a) is 3 years.

National Policy Statement for Freshwater Management 2020 41 Table 3 – Total nitrogen (trophic state)

Value (and component) Ecosystem health (Water quality)

Freshwater body type Lakes

Attribute unit mg/m3 (milligrams per cubic metre)

Attribute band and description Numeric attribute state

Annual median Annual median

Seasonally stratified and Polymictic

brackish A Lake ecological communities are healthy and ≤160 ≤300 resilient, similar to natural reference conditions. B Lake ecological communities are slightly impacted by additional algal and/or plant growth arising from >160 and ≤350 >300 and ≤500 nutrient levels that are elevated above natural reference conditions. C Lake ecological communities are moderately impacted by additional algal and plant growth >350 and ≤750 >500 and ≤800 arising from nutrient levels that are elevated well above natural reference conditions.

National bottom line 750 800 D Lake ecological communities have undergone or are at high risk of a regime shift to a persistent, degraded state (without native >750 >800 macrophyte/seagrass cover), due to impacts of elevated nutrients leading to excessive algal and/or plant growth, as well as from losing oxygen in bottom waters of deep lakes.

For lakes and lagoons that are intermittently open to the sea, monitoring data should be analysed separately for closed periods and open periods.

42 National Policy Statement for Freshwater Management 2020

Table 4 – Total phosphorus (trophic state)

Value (and component) Ecosystem health (Water quality)

Freshwater body type Lakes

Attribute unit mg/m3 (milligrams per cubic metre)

Attribute band and description Numeric attribute state

Annual median A ≤10 Lake ecological communities are healthy and resilient, similar to natural reference conditions. B >10 and ≤20 Lake ecological communities are slightly impacted by additional algal and plant growth arising from nutrient levels that are elevated above natural reference conditions. C >20 and ≤50 Lake ecological communities are moderately impacted by additional algal and plant growth arising from nutrient levels that are elevated well above natural reference conditions.

National bottom line 50 D >50 Lake ecological communities have undergone or are at high risk of a regime shift to a persistent, degraded state (without native macrophyte/seagrass cover), due to impacts of elevated nutrients leading to excessive algal and/or plant growth, as well as from losing oxygen in bottom waters of deep lakes.

For lakes and lagoons that are intermittently open to the sea, monitoring data should be analysed separately for closed periods and open periods.

National Policy Statement for Freshwater Management 2020 43 Table 5 – Ammonia (toxicity)

Value (and component) Ecosystem health (Water quality)

Freshwater body type Rivers and lakes

Attribute unit mg NH4-N/L (milligrams ammoniacal-nitrogen per litre)

Attribute band and description Numeric attribute state

Annual median Annual maximum A 99% species protection level: No observed effect ≤0.03 ≤0.05 on any species tested. B 95% species protection level: Starts impacting >0.03 and ≤0.24 >0.05 and ≤0.40 occasionally on the 5% most sensitive species.

National bottom line 0.24 0.40 C

80% species protection level: Starts impacting >0.24 and ≤1.30 >0.40 and ≤2.20 regularly on the 20% most sensitive species (reduced survival of most sensitive species). D Starts approaching acute impact level (that is, risk >1.30 >2.20 of death) for sensitive species.

Numeric attribute state is based on pH 8 and temperature of 20°C. Compliance with the numeric attribute states should be undertaken after pH adjustment.

44 National Policy Statement for Freshwater Management 2020

Table 6 – Nitrate (toxicity)

Value (and component) Ecosystem health (Water quality)

Freshwater body type Rivers

Attribute unit mg NO3 – N/L (milligrams nitrate-nitrogen per litre)

Attribute band and description Numeric attribute state

Annual median Annual 95th percentile A High conservation value system. Unlikely to be effects even ≤1.0 ≤1.5 on sensitive species. B >1.0 and ≤2.4 >1.5 and ≤3.5 Some growth effect on up to 5% of species.

National bottom line 2.4 3.5 C Growth effects on up to 20% of species (mainly sensitive >2.4 and ≤6.9 >3.5 and ≤9.8 species such as fish). No acute effects. D

Impacts on growth of multiple species, and starts >6.9 >9.8 approaching acute impact level (that is, risk of death) for sensitive species at higher concentrations (>20 mg/L).

This attribute measures the toxic effects of nitrate, not the trophic state. Where other attributes measure trophic state, for example periphyton, freshwater objectives, limits and/or methods for those attributes may be more stringent.

National Policy Statement for Freshwater Management 2020 45 Table 7 – Dissolved oxygen

Value (and component) Ecosystem health (Water quality)

Freshwater body type Rivers (below point sources only)

Attribute unit mg/L (milligrams per litre)

Attribute band and description Numeric attribute state

7-day mean minimum 1-day minimum (summer (summer period: period: 1 November to 30th 1 November to 30th April) April) A ≥8.0 ≥7.5 No stress caused by low dissolved oxygen on any aquatic organisms that are present at matched reference (near-pristine) sites. B ≥7.0 and <8.0 ≥5.0 and <7.5 Occasional minor stress on sensitive organisms caused by short periods (a few hours each day) of lower dissolved oxygen. Risk of reduced abundance of sensitive fish and macroinvertebrate species. C ≥5.0 and <7.0 ≥4.0 and <5.0 Moderate stress on a number of aquatic organisms caused by dissolved oxygen levels exceeding preference levels for periods of several hours each day. Risk of sensitive fish and macroinvertebrate species being lost.

National bottom line 5.0 4.0 D <5.0 <4.0 Significant, persistent stress on a range of aquatic organisms caused by dissolved oxygen exceeding tolerance levels. Likelihood of local extinctions of keystone species and loss of ecological integrity.

The 7-day mean minimum is the mean value of seven consecutive daily minimum values. The 1-day minimum is the lowest daily minimum across the whole summer period.

46 National Policy Statement for Freshwater Management 2020

Table 8 – Suspended fine sediment

Value (and component) Ecosystem health (Water quality)

Freshwater body type Rivers

Attribute unit Visual clarity (metres)

Numeric attribute state by suspended Attribute band and description sediment class

1 2 3 4 A

Minimal impact of suspended sediment on instream biota. Ecological ≥1.78 ≥0.93 ≥2.95 ≥1.38 communities are similar to those observed in natural reference conditions.

B <1.78 <0.93 <2.95 <1.38 Low to moderate impact of suspended sediment on instream biota. and and and and Abundance of sensitive fish species may be reduced. ≥1.55 ≥0.76 ≥2.57 ≥1.17

C <1.55 <0.76 <2.57 <1.17 Moderate to high impact of suspended sediment on instream biota. and and and and Sensitive fish species may be lost. >1.34 >0.61 >2.22 >0.98

National bottom line 1.34 0.61 2.22 0.98 D

High impact of suspended sediment on instream biota. Ecological <1.34 <0.61 <2.22 <0.98 communities are significantly altered and sensitive fish and macroinvertebrate species are lost or at high risk of being lost.

The minimum record length for grading a site is the median of 5 years of at least monthly samples (at least 60 samples). Councils may monitor turbidity and convert the measures to visual clarity. See Appendix 2C Tables 23 and 26 for the definition of suspended sediment classes and their composition.

The following are examples of naturally occurring processes relevant for suspended sediment: • naturally highly coloured brown-water streams • glacial flour affected streams and rivers • selected lake-fed REC classes (particularly warm climate classes) where low visual clarity may reflect autochthonous phytoplankton production.

National Policy Statement for Freshwater Management 2020 47 Table 9 – Escherichia coli (E. coli)

Value Human contact

Freshwater body type Lakes and rivers

Attribute unit E. coli/100 mL (number of E. coli per hundred millilitres)

Attribute band and description Numeric attribute state

Description of risk of Campylobacter % exceedances % exceedances Median 95th percentile infection (based on E. coli indicator) over over concentration of E. coli/100 mL 540/100 mL 260/100 mL /100 mL) A (Blue) For at least half the time, the estimated risk is <1 in 1,000 <5% <20% ≤130 ≤540 (0.1% risk). The predicted average infection risk is 1%. B (Green) For at least half the time, the estimated risk is <1 in 1,000 5-10% 20-30% ≤130 ≤1000 (0.1% risk). The predicted average infection risk is 2%.

C (Yellow) For at least half the time, the estimated risk is <1 in 1,000 10-20% 20-34% ≤130 ≤1200 (0.1% risk). The predicted average infection risk is 3%. D (Orange) 20-30% of the time the estimated risk is ≥50 in 1,000 (>5% risk). 20-30% >34% >130 >1200 The predicted average infection risk is >3%. E (Red) For more than 30% of the time the estimated risk is ≥50 in 1,000 >30% >50% >260 >1200 (>5% risk). The predicted average infection risk is >7%.

Attribute state should be determined by using a minimum of 60 samples over a maximum of 5 years, collected on a regular basis regardless of weather and flow conditions. However, where a sample has been missed due to adverse weather or error, attribute state may be determined using samples over a longer timeframe. Attribute state must be determined by satisfying all numeric attribute states. The predicted average infection risk is the overall average infection to swimmers based on a random exposure on a random day, ignoring any possibility of not swimming during high flows or when a surveillance advisory is in place (assuming that the E. coli concentration follows a lognormal distribution). Actual risk will generally be less if a person does not swim during high flows.

48 National Policy Statement for Freshwater Management 2020

Table 10 – Cyanobacteria (planktonic)

Value Human contact

Freshwater body type Lakes and lake fed rivers

Attribute unit Biovolume mm3/L (cubic millimetres per litre)

Attribute band and description Numeric attribute state

80th percentile A (Blue) ≤0.5 mm3/L biovolume equivalent for the combined total of all cyanobacteria Risk exposure from cyanobacteria is no different to that in natural conditions (from any contact with freshwater). B (Green) >0.5 and ≤1.0 mm3/L biovolume equivalent for the combined total of all cyanobacteria Low risk of health effects from exposure to cyanobacteria (from any contact with freshwater).

C (Yellow) >1.0 and ≤1.8 mm3/L biovolume equivalent of potentially toxic cyanobacteria OR Moderate risk of health effects from exposure to cyanobacteria (from any contact with freshwater). >1.0 and ≤10 mm3/L total biovolume of all cyanobacteria

1.8 mm3/L biovolume equivalent of potentially toxic cyanobacteria National bottom line OR 10 mm3/L total biovolume of all cyanobacteria D (Orange/Red) >1.8 mm3/L biovolume equivalent of potentially toxic cyanobacteria High health risks (for example, respiratory, irritation and OR allergy symptoms) exist from exposure to cyanobacteria (from >10 mm3/L total biovolume of all cyanobacteria any contact with freshwater).

The 80th percentile must be calculated using a minimum of 12 samples collected over 3 years. Thirty samples collected over 3 years is recommended.

National Policy Statement for Freshwater Management 2020 49 Appendix 2B – Attributes requiring action plans

Table 11 – Submerged plants (natives)

Value (and component) Ecosystem health (Aquatic life)

Freshwater body type Lakes

Attribute unit Lake Submerged Plant (Native Condition Index)

Attribute band and description Numeric attribute state (% of maximum potential score) A Excellent ecological condition. Native submerged >75% plant communities are almost completely intact. B High ecological condition. Native submerged plant >50 and ≤75% communities are largely intact. C Moderate ecological condition. Native submerged ≥20 and ≤50% plant communities are moderately impacted.

National bottom line 20% D Poor ecological condition. Native submerged plant <20% communities are largely degraded or absent.

Monitoring to be conducted at least once every three years, following the method described in Clayton J, and Edwards T. 2006. LakeSPI: A method for monitoring ecological condition in New Zealand lakes. User Manual Version 2. National Institute of Water & Atmospheric Research: Hamilton, New Zealand. (see clause 1.8) Scores are reported as a percentage of maximum potential score (%) of the Native Condition Index, and lakes in a devegetated state receive scores of 0.

50 National Policy Statement for Freshwater Management 2020

Table 12 – Submerged plants (invasive species)

Value (and component) Ecosystem health (Aquatic life)

Freshwater body type Lakes

Attribute unit Lake Submerged Plant (Invasive Impact Index)

Attribute band and description Numeric attribute state (% of maximum potential score) A No invasive plants present in the lake. Native plant 0% communities remain intact. B Invasive plants having only a minor impact on native vegetation. Invasive plants will be patchy in >1 and ≤25% nature co-existing with native vegetation. Often major weed species not present or in early stages of invasion. C Invasive plants having a moderate to high impact on native vegetation. Native plant communities >25 and ≤90% likely displaced by invasive weed beds particularly in the 2 – 8 m depth range.

National bottom line 90% D

Tall dense weed beds exclude native vegetation and >90% dominate entire depth range of plant growth. The species concerned are likely hornwort and Egeria.

Numeric attribute state to be calculated annually following the method described in Clayton J, and Edwards T. 2006. LakeSPI: A method for monitoring ecological condition in New Zealand lakes. User Manual Version 2. National Institute of Water & Atmospheric Research: Hamilton, New Zealand. (see clause 1.8)

National Policy Statement for Freshwater Management 2020 51 Table 13 – Fish (rivers)

Value (and component) Ecosystem health (Aquatic life)

Freshwater body type Wadeable rivers

Attribute unit Fish Index of Biotic Integrity (F-IBI)

Attribute band and description Numeric attribute state (average) A High integrity of fish community. Habitat and migratory ≥34 access have minimal degradation. B Moderate integrity of fish community. Habitat and/or <34 and ≥28 migratory access are reduced and show some signs of stress. C Low integrity of fish community. Habitat and/or migratory <28 and ≥18 access is considerably impairing and stressing the community. D

Severe loss of fish community integrity. There is substantial <18 loss of habitat and/or migratory access, causing a high level of stress on the community.

Sampling is to occur at least annually between December and March (inclusive) following the protocols for at least one of the backpack electrofishing method, spotlighting method, or trapping method in Joy M, David B, and Lake M. 2013. New Zealand Freshwater Fish Sampling Protocols (Part 1): Wadeable rivers and streams. Massey University: Palmerston North, New Zealand. (see clause 1.8) The F-IBI score is to be calculated using the general method defined by Joy, MK, and Death RG. 2004. Application of the Index of Biotic Integrity Methodology to New Zealand Freshwater Fish Communities. Environmental Management, 34(3), 415-428. (see clause 1.8)

52 National Policy Statement for Freshwater Management 2020

Table 14 – Macroinvertebrates (1 of 2)

Value (and component) Ecosystem health (Aquatic life)

Freshwater body type Wadeable rivers

Macroinvertebrate Community Index (MCI) score; Attribute unit Quantitative Macroinvertebrate Community Index (QMCI) score

Attribute band and description Numeric attribute states

QMCI MCI A

Macroinvertebrate community, indicative of pristine ≥6.5 ≥130 conditions with almost no organic pollution or nutrient enrichment. B

Macroinvertebrate community indicative of mild organic ≥5.5 and <6.5 ≥110 and <130 pollution or nutrient enrichment. Largely composed of taxa sensitive to organic pollution/nutrient enrichment. C Macroinvertebrate community indicative of moderate organic pollution or nutrient enrichment. There is a mix of ≥4.5 and <5.5 ≥90 and <110 taxa sensitive and insensitive to organic pollution/nutrient enrichment.

National bottom line 4.5 90 D Macroinvertebrate community indicative of severe organic pollution or nutrient enrichment. Communities are largely <4.5 <90 composed of taxa insensitive to inorganic pollution/nutrient enrichment.

MCI and QMCI scores to be determined using annual samples taken between December and March (inclusive) with either fixed counts with at least 200 individuals, or full counts, and with current state calculated as the five- year median score. All sites for which the deposited sediment attribute does not apply, whether because they are in river environment classes shown in Table 25 in Appendix 2C or because they require alternate habitat monitoring under clause 3.25 are to use soft sediment sensitivity scores and taxonomic resolution as defined in table A1.1 in Clapcott et al. 2017 Macroinvertebrate metrics for the National Policy Statement for Freshwater Management. Cawthron Institute: Nelson, New Zealand. (see clause 1.8) MCI and QMCI to be assessed using the method defined in Stark JD, and Maxted, JR. 2007 A user guide for the Macroinvertebrate Community Index. Cawthron Institute: Nelson, New Zealand (See Clause 1.8), except for sites for which the deposited sediment attribute does not apply, which require use of the soft-sediment sensitivity scores and taxonomic resolution defined in table A1.1 in Clapcott et al. 2017 Macroinvertebrate metrics for the National Policy Statement for Freshwater Management. Cawthron Institute: Nelson, New Zealand. (see clause 1.8)

National Policy Statement for Freshwater Management 2020 53 Table 15 – Macroinvertebrates (2 of 2)

Value (and component) Ecosystem health (Aquatic life)

Freshwater body type Wadeable rivers

Attribute unit Macroinvertebrate Average Score Per Metric (ASPM)

Attribute band and description Numeric attribute states ASPM score A Macroinvertebrate communities have high ecological ≥0.6 integrity, similar to that expected in reference conditions. B Macroinvertebrate communities have mild-to-moderate <0.6 and ≥0.4 loss of ecological integrity. C Macroinvertebrate communities have moderate-to- <0.4 and ≥0.3 severe loss of ecological integrity.

National bottom line 0.3 D Macroinvertebrate communities have severe loss of <0.3 ecological integrity.

ASPM scores to be determined using annual samples taken between December and March (inclusive) with either fixed counts with at least 200 individuals, or full counts, and with current state calculated as the five-year median score. All sites for which the deposited sediment attribute does not apply, whether because they are in river environment classes shown in Table 25 in Appendix 2C or because they require alternate habitat monitoring under clause 3.25, are to use soft-sediment sensitivity scores and taxonomic resolution as defined in table A1.1 in Clapcott et al. 2017. Macroinvertebrate metrics for the National Policy Statement for Freshwater Management. Cawthron Institute: Nelson, New Zealand. (see clause 1.8)

When normalising scores for the ASPM, use the following minimums and maximums: %EPT-abundance (0-100), EPT-richness (0-29), MCI (0-200) using the method of Kevin J Collier (2008). Average score per metric: An alternative metric aggregation method for assessing wadeable stream health. New Zealand Journal of Marine and Freshwater Research, 42:4, 367-378, DOI: 10.1080/00288330809509965. (see clause 1.8)

54 National Policy Statement for Freshwater Management 2020

Table 16 – Deposited fine sediment

Value (and component) Ecosystem health (Physical habitat)

Freshwater body type Wadeable rivers

Attribute unit % fine sediment cover

Numeric attribute state by deposited Attribute band and description sediment class

1 2 3 4 A

Minimal impact of deposited fine sediment on instream biota. ≤7 ≤10 ≤9 ≤13 Ecological communities are similar to those observed in natural reference conditions. B >7 and >10 and >9 and >13 and Low to moderate impact of deposited fine sediment on instream ≤14 ≤19 ≤18 ≤19 biota. Abundance of sensitive macroinvertebrate species may be reduced. C >14 and >19 and >18 and >19 and Moderate to high impact of deposited fine sediment on instream <21 <29 <27 <27 biota. Sensitive macroinvertebrate species may be lost.

National bottom line 21 29 27 27 D

High impact of deposited fine sediment on instream biota. Ecological >21 >29 >27 >27 communities are significantly altered and sensitive fish and macroinvertebrate species are lost or at high risk of being lost.

The indicator score is percentage cover of the streambed in a run habitat determined by the instream visual method, SAM2 as defined in p. 17-20 of Clapcott JE, Young RG, Harding JS., Matthaei CD, Quinn JM. and Death RG. 2011. Sediment Assessment Methods: Protocols and guidelines for assessing the effects of deposited fine sediment on in-stream values. Cawthron Institute: Nelson, New Zealand. (see clause 1.8) The minimum record length for grading a site is the median of 60 samples taken over 5 years of monthly monitoring, or longer for sites where flow conditions only permit monthly monitoring seasonally. See Tables 24 and 26 in Appendix 2C for deposited sediment classes and their composition. This attribute does not apply in river environment classes shown in Table 25 in Appendix 2C, or where clause 3.25 requires freshwater habitat monitoring.

National Policy Statement for Freshwater Management 2020 55 Table 17 – Dissolved oxygen

Value (and component) Ecosystem health (Water quality)

Freshwater body type Rivers

Attribute unit mg/L (milligrams per litre)

Attribute description band and description Numeric attribute state

7-day mean minimum 1-day minimum A ≥8.0 ≥7.5 No stress caused by low dissolved oxygen on any aquatic organisms that are present at matched reference (near- pristine) sites. B ≥7.0 and <8.0 ≥5.0 and <7.5 Occasional minor stress on sensitive organisms caused by short periods (a few hours each day) of lower dissolved oxygen. Risk of reduced abundance of sensitive fish and macroinvertebrate species. C ≥5.0 and <7.0 ≥4.0 and <5.0 Moderate stress on a number of aquatic organisms caused by dissolved oxygen levels exceeding preference levels for periods of several hours each day. Risk of sensitive fish and macroinvertebrate species being lost.

The 7-day mean minimum is the mean value of 7 consecutive daily minimum values. The 1-day minimum is the lowest daily minimum across the whole summer period.

56 National Policy Statement for Freshwater Management 2020

Table 18 – Lake-bottom dissolved oxygen

Value (and component) Ecosystem health (Water quality)

Freshwater body type Lakes

Attribute unit mg/L (milligrams per litre)

Attribute description band and description Numeric attribute state

Measured or estimated annual minimum A ≥7.5 No risk from lake-bottom dissolved oxygen of biogeochemical conditions causing nutrient release from sediments. B ≥2.0 and < 7.5 Minimal risk from lake-bottom dissolved oxygen of biogeochemical conditions causing nutrient release from sediments. C ≥0.5 and < 2.0 Risk from lake-bottom dissolved oxygen of biogeochemical conditions causing nutrient release from sediments.

National bottom line 0.5 D <0.5 Likelihood from lake-bottom dissolved oxygen of biogeochemical conditions resulting in nutrient release from sediments.

To be measured less than 1 metre above sediment surface at the deepest part of the lake using either continuous monitoring sensors or discrete dissolved oxygen profiles.

National Policy Statement for Freshwater Management 2020 57 Table 19 – Mid-hypolimnetic dissolved oxygen

Value (and component) Ecosystem health (Water quality)

Freshwater body type Seasonally stratifying lakes

Attribute unit mg/L (milligrams per litre)

Attribute description band and description Numeric attribute state

Measured or estimated annual minimum A No stress caused to any fish species by low dissolved ≥7.5 oxygen. B

Minor stress on sensitive fish seeking thermal refuge in the ≥ 5.0 and <7.5 hypolimnion. Minor risk of reduced abundance of sensitive fish and macro-invertebrate species. C Moderate stress on sensitive fish seeking thermal refuge in ≥ 4.0 and <5 .0 the hypolimnion. Risk of sensitive fish species being lost.

National bottom line 4.0 D

Significant stress on a range of fish species seeking thermal < 4.0 refuge in the hypolimnion. Likelihood of local extinctions of fish species and loss of ecological integrity.

To be measured using either continuous monitoring sensors or discrete dissolved oxygen profiles.

58 National Policy Statement for Freshwater Management 2020

Table 20 – Dissolved reactive phosphorus

Value (and component) Ecosystem health (Water quality)

Freshwater body type Rivers

Attribute unit DRP mg/L (milligrams per litre)

Attribute band and description Numeric attribute state

Median 95th percentile A Ecological communities and ecosystem processes are similar to those of natural reference conditions. ≤ 0.006 ≤ 0.021 No adverse effects attributable to dissolved reactive phosphorus (DRP) enrichment are expected. B Ecological communities are slightly impacted by minor DRP elevation above natural reference conditions. If other conditions also favour eutrophication, sensitive > 0.006 and ≤0.010 > 0.021 and ≤0.030 ecosystems may experience additional algal and plant growth, loss of sensitive macroinvertebrate taxa, and higher respiration and decay rates. C Ecological communities are impacted by moderate DRP elevation above natural reference conditions. If other conditions also favour eutrophication, DRP > 0.010 and ≤ 0.018 > 0.030 and ≤ 0.054 enrichment may cause increased algal and plant growth, loss of sensitive macro-invertebrate and fish taxa, and high rates of respiration and decay. D Ecological communities impacted by substantial DRP elevation above natural reference conditions. In combination with other conditions favouring >0.018 >0.054 eutrophication, DRP enrichment drives excessive primary production and significant changes in macroinvertebrate and fish communities, as taxa sensitive to hypoxia are lost.

Numeric attribute state must be derived from the median of monthly monitoring over 5 years.

National Policy Statement for Freshwater Management 2020 59 Table 21 – Ecosystem metabolism (both gross primary production and ecosystem respiration)

Value (and component) Ecosystem health (Ecosystem processes)

Freshwater body type Rivers

-2 -1 Attribute unit g O2 m d (grams of dissolved oxygen per square metre per day)

Derived from at least 7 days of continuous dissolved oxygen monitoring to be collected at least once during summer (December to March inclusive), using the method of Young RG, Clapcott JE, Simon K. 2016. Ecosystem functions and stream health. Advances in New Zealand Freshwater Science. NZ Freshwater Sciences Society, NZ Hydrological Society. (see clause 1.8)

60 National Policy Statement for Freshwater Management 2020

Table 22 – Escherichia coli (E. coli) (primary contact sites)

Value Human contact

Freshwater body Type Primary contact sites in lakes and rivers (during the bathing season)

Attribute unit 95th percentile of E. coli/100 mL (number of E. coli per hundred millilitres)

Attribute band and description Numeric attribute state Excellent Estimated risk of Campylobacter infection has a < 0.1% ≤ 130 occurrence, 95% of the time. Good Estimated risk of Campylobacter infection has a > 130 and ≤ 260 0.1 – 1.0% occurrence, 95% of the time. Fair Estimated risk of Campylobacter infection has a 1 – 5% > 260 and ≤ 540 occurrence, 95% of the time.

National bottom line 540 Poor Estimated risk of Campylobacter infection has a > 5% > 540 occurrence, at least 5% of the time.

The narrative attribute state description assumes “% of time” equals “% of samples”.

National Policy Statement for Freshwater Management 2020 61 Appendix 2C – Sediment classification tables In this Appendix, REC groups refers to the classes and categories described in the New Zealand River Environment Classification User Guide (see clause 1.8), except where those REC groups are further clustered according to table 26.

Table 23 Suspended sediment class composition

Suspended sediment class Suspended sediment clustered River Environment Classification groups

1 CD_Low_HS; WW_Low_VA; WW_Hill_VA; CD_Low_Al; CW_Hill_SS; CW_Mount_SS; CW_Hill_VA; CD_Hill_SS; CD_Hill_VA; CD_Low_VA; CW_Low_VA; CW_Mount_VA; CW_Mount_HS; CD_Mount_Al; CW_Hill_Al; CW_Mount_Al; WD_Low_Al

2 CD_Low_SS; WW_Low_HS; WW_Low_SS; WW_Hill_HS; WW_Hill_SS; WW_Low_Al; WD_Low_SS; WD_Lake_Any; WD_Low_HS; WD_Low_VA

3 CW_Hill_HS; CW_Lake_Any; CD_Lake_Any; WW_Lake_Any; CW_Low_HS; CW_Low_Al; CD_Hill_HS; CD_Hill_Al; CD_Mount_HS; CD_Mount_SS; CD_Mount_VA

4 CW_Low_SS

Table 24 – Deposited sediment class composition

Deposited sediment class Deposited sediment clustered River Environment Classification groups

1 WD_Low_HS; WW_Lake_Any

2 CD_Hill_Al; CD_Low_HS; CD_Low_VA; WW_Low_HS; WW_Low_VA; CD_Hill_SS; CD_Lake_Any; CW_Lake_Any; CW_Low_Al; CD_Hill_HS; CW_Hill_VA; CW_Low_SS; CW_Low_VA

3 CD_Low_Al; CD_Low_SS; WW_Hill_SS; WW_Low_SS

4 CD_Hill_VA; CW_Mount_VA; WW_Hill_HS; CW_Mount_SS; CD_Mount_Al; CD_Mount_HS; CD_Mount_SS; CD_Mount_VA; CW_Hill_Al; CW_Hill_HS; CW_Hill_SS; CW_Low_HS; CW_Mount_Al; CW_Mount_HS; WW_Hill_VA

Table 25 – Clustered River Environment Classification groups that are naturally soft-bottomed

WD_Low_Al; WD_Low_VA; WD_Lake_Any; WD_Low_SS; WW_Low_Al

62 National Policy Statement for Freshwater Management 2020

Table 26 – Further clustering of River Environment Classification groups specific to this appendix

REC variable REC groups Clustered REC groups

Warm-Wet Warm-Wet (WW) Warm-Extremely Wet

Warm-Dry Warm-Dry (WD) Climate Cold-Wet Cold-Wet (CW) Cold-Extremely Wet

Cold-Dry Cold-Dry (CD)

Lowland Lowland (Low)

Lakefed Lakefed (Lake)

Topography (Source of flow) Hill Hill (Hill)

Mountain Mountain (Mount) Glacial Mountain

Soft Sedimentary

Plutonic Volcanic Soft Sedimentary (SS)

Miscellaneous

Geology Hard Sedimentary Hard Sedimentary (HS)

Alluvium Alluvium (Al)

Volcanic Basic Volcanic (VA) Volcanic Acidic

National Policy Statement for Freshwater Management 2020 63 Appendix 3 – National target for primary contact The national target is to increase proportions of specified rivers and lakes that are suitable for primary contact (that is, that are in the blue, green and yellow categories) to at least 80% by 2030, and 90% no later than 2040, but also to improve water quality across all categories.

In this Appendix, specified rivers and lakes means: rivers that are fourth order or greater, using the methods outlined in the River Environment Classification System, National Institute of Water and Atmospheric Research, Version 1 (see clause 1.8); and lakes with a perimeter of 1.5 km or more.

The categories above represent combined improvements in all regions. For each region, this means reducing the length of specified rivers and lakes in the red and orange categories, and increasing the length of specified rivers and lakes in the yellow, green and blue categories.

The categories are based on water quality in terms of the 2 human contact attributes, E. coli and cyanobacteria (planktonic), in tables 9 and 10 in Appendix 2A.

For rivers and lakes, the target categories are same as the E. coli table attribute states. However, the categories do not include the 95th percentile of E. coli/100 mL numeric attribute state if there is insufficient monitoring data to establish the 95th percentile.

64 National Policy Statement for Freshwater Management 2020

For lakes, the categories are also based on the cyanobacteria (planktonic) attribute states. However, to provide additional granularity for tracking improvements over time, the D band has been split into 2 categories (orange and red) as follows: orange means the lake has between 1.8 and 3.0 mm3/L biovolume of cyanobacteria (planktonic), using an 80th percentile red means the lake has more than 3.0 mm3/L biovolume of cyanobacteria (planktonic), using an 80th percentile.

For lakes, the lowest category for either E. coli or cyanobacteria (planktonic) applies.

National Policy Statement for Freshwater Management 2020 65 Appendix 4 – Details for instream structures

Part 1: Required information For all structures geographical co-ordinates of the structure date and time of survey flow when survey was completed (no flow, low, normal, high, unknown) whether the stream is tidal where structure is located (yes, no, unknown) the width of the river at the water’s surface and the width of the bed of the river structure type photos viewed upstream and downstream at both ends of the structure

For all culverts number of culvert barrels culvert shape, length, width and height or diameter mean water velocity through the culvert whether low velocity recirculation zones are present (yes, no, unknown) culvert water depth culvert substrate whether wetted margins present in the culvert structure outlet drop height structure outlet undercut length (if applicable) whether add-ons present and add-on type

For all weirs weir type weir crest shape weir height weir substrate whether wetted margins present weir slope (degrees) whether add-ons present and add-on type

For all fords ford drop height ford substrate whether add-ons present and add-on type

66 National Policy Statement for Freshwater Management 2020

For all dams dam height whether spillway present whether add-ons present and add-on type

For all aprons apron drop height apron water depth apron substrate type

For all ramps ramp surface ramp length ramp slope (degrees) whether wetted margins present on the ramp

For all flap gates gate type number of flap gates on the structure whether add-ons present and add-on type

Part 2: Additional optional information For all structures owner of the structure (NZTA, KiwiRail, Department of Conservation, regional council, territorial authority, private, other, or unknown) asset ID (if known) any fish passage observations (for example, does the structure protect desired species or their habitats) effectiveness of fish passage remediation if fish passage improvement present (for example, rock ramp, artificial ramp, fish passage) risk of structure to fish passage class (if known) (very low, low, medium, high risk, very high risk, not assessed)

For all culverts structure slope structure alignment with the stream structure material number of flap gates (if present) flap gate type and material

National Policy Statement for Freshwater Management 2020 67 For all weirs weir width backwater distance weir material

For all fords ford width ford length ford material

For all aprons apron material apron length apron water velocity

For all flap gates gate height and width gate material

68 National Policy Statement for Freshwater Management 2020

Appendix 5 – Specified vegetable growing areas

Part 1 – Description of specified vegetable growing areas

Pukekohe specified vegetable growing area:

Western boundary From the point that the Waiuku River meets the Waiuku Stream at NZTM2000 1753472 5876259, up the Waiuku Stream to Waiuku Road to the boundary at NZTM2000 1755854 5875779.

Southern boundary The north bank of the Waikato River, from the end of Crouch Road at NZTM2000 1756420 5868522 to the end of Bluff Road at NZTM2000 1778986 5871955.

Eastern boundary From the arm of the Pahurehure inlet at NZTM2000 1771949 5896064, eastwards along Elliot Street until it becomes Broadway, along Clevedon Road which becomes Papakura-Clevedon Road until the point at which the national grid transmission lines cross the road at NZTM2000 1778853, 5900012. Following in a southward direction the transmission line to the Auckland Council and Waikato Regional Council regional boundary at NZTM2000 1788858, 5882363.

Northern boundary From the mouth of the Waiuku river NZTM2000 1753472 5876259 to the north following the coastline of the Manukau Harbour to the eastern most arm of Pahurehure Inlet at NZTM2000 1771949 5896064.

Horowhenua specified vegetable growing area:

Lake Horowhenua (Hoki_1a) Water Management Subzone Whole lake catchment above Lake Horowhenua outlet (at approx. NZTM2000 1789400 5502450). From the lake outlet, crossing Moutere Road to the north-west, and as far west as the eastern edge of the Waitarere Forest, and as far north as Waitarere Beach Road. As far east as Gladstone Road, near Gladstone Reserve, crossing Roslyn Road, Denton Road. To the south as far as Tararua Road, and crossing Kimberley Road, Buller Road, Hokio Sand Road, then north to Lake Horowhenua outlet.

Hoki (Hoki_1b) Water Management Subzone Hokio Stream catchment downstream of Lake Horowhenua outlet (approx. NZTM2000 1789400 5502450). Extending north to cross the Moutere Road, north of the bridge that crosses the Hokio Stream, and extending south to south of the landfill off Hokio Beach Road. Excluding the mainstem of the Hokio Stream from the cross-river Coastal Marine Area boundary at NZTM2000 1784949 5504086, at the western end of Muaupoko Street, and seawards.

National Policy Statement for Freshwater Management 2020 69 Part 2 – Attributes Attributes for the purpose of clause 3.33: (a) phytoplankton (Appendix 2A, Table 1) (b) periphyton (Appendix 2A, Table 2) (c) total nitrogen (trophic state) (Appendix 2A, Table 3) (d) ammonia (toxicity) (Appendix 2A, Table 5) (e) nitrate (toxicity) (Appendix 2A, Table 6) (f) dissolved oxygen (Appendix 2A, Table 7, Appendix 2B, Tables 17, 18 and 19) (g) cynobacteria (Appendix 2A, Table 10) (h) macroinvertebrates (Appendix 2B, Tables 14 and 15)

70 National Policy Statement for Freshwater Management 2020 Appendix J

Relevant provisions of the National Environmental Standards for Freshwater 2020

2 Commencement (1) These regulations come into force on 3 September 2020. (2) However,— (a) subpart 3 of Part 2 (intensive winter grazing) comes into force on 1 May 2021: (b) regulations 12 to 14 (stockholding areas other than feedlots) and subpart 4 of Part 2 (application of synthetic nitrogen fertiliser to pastoral land) come into force on 1 July 2021.

Subpart 3—Intensive winter grazing

26 Permitted activities (1) The use of land on a farm for intensive winter grazing is a permitted activity if it complies with the applicable condition or conditions. (2) The following discharge of a contaminant is a permitted activity if it complies with the applicable condition or conditions: (a) the discharge is associated with the use of land on a farm for intensive winter grazing; and (b) the discharge is into or onto land, including in circumstances that may result in the contaminant (or any other contaminant emanating as a result of natural processes from the contaminant) entering water. Conditions (3) The condition is that the intensive winter grazing must be undertaken in accordance with the farm’s certified freshwater farm plan if— (a) the farm has a certified freshwater farm plan that applies to the intensive winter grazing; and (b) a certifier has certified that the adverse effects (if any) allowed for by the plan in relation to the intensive winter grazing are no greater than those allowed for by the conditions in subclause (4). (4) In any other case, the conditions are that,— (a) at all times, the area of the farm that is used for intensive winter grazing must be no greater than 50ha or 10% of the area of the farm, whichever is greater; and (b) the mean slope of a paddock that is used for intensive winter grazing must be 10 degrees or less; and (c) on a paddock that is used for intensive winter grazing,— (i) pugging at any one point must not be deeper than 20 cm, other than in an area that is within 10 m of an entrance gate or a fixed water trough; and (ii) pugging of any depth must not cover more than 50% of the paddock; and (d) livestock must be kept at least 5 m away from the bed of any river, lake, wetland, or drain (regardless of whether there is any water in it at the time); and (e) the land that is used for intensive winter grazing must be replanted as soon as practicable after livestock have grazed the land’s annual forage crop (but no later than 1 October of the same year). (5) But see regulation 29 (permitted activities and restricted discretionary activities: temporary further conditions).

Enforcement officer may require information (6) A person undertaking a permitted activity under this regulation must provide any information reasonably required by a regional council enforcement officer for the purpose of monitoring compliance with the condition in subclause (4)(a), (d), or (e).

Temporary extension for replanting on farms in Otago and Southland (7) If the farm is in the region of the Otago Regional Council or the Southland Regional Council, the latest date by which the land must be replanted under subclause (4)(e) is 1 November of the same year (rather than 1 October). (8) This subclause, subclause (7), and the heading above subclause (7) are revoked on 1 May 2024.

27 Restricted discretionary activities (1) The use of land on a farm for intensive winter grazing is a restricted discretionary activity if the use does not comply with the applicable condition, or any of the applicable conditions, in regulation 26(3) or (4). (2) The following discharge of a contaminant is a restricted discretionary activity if it does not comply with the applicable condition, or any of the applicable conditions, in regulation 26(3) or (4): (a) the discharge is associated with the use of land on a farm for intensive winter grazing; and (b) the discharge is into or onto land, including in circumstances that may result in the contaminant (or any other contaminant emanating as a result of natural processes from the contaminant) entering water. (3) But see regulation 29 (permitted activities and restricted discretionary activities: temporary further conditions).

Matters to which discretion is restricted (4) The discretion of a consent authority is restricted to the following matters: (a) the adverse effects of the activity on ecosystems, freshwater, and water bodies: (b) the adverse effects of the activity on the water that affect the ability of people to come into contact with the water safely: (c) the adverse effects of the activity on Māori cultural values: (d) the susceptibility of the land to erosion, and the extent to which the activity may exacerbate or accelerate losses of sediment and other contaminants to water: (e) the timing and appropriateness of the methods (if any) proposed to avoid, remedy, or mitigate the loss of contaminants to water.

Intensification: temporary standards

28 When regulations 29 and 30 do not apply (1) Regulations 29 and 30 do not apply if the relevant regional council has publicly notified the amendments required by section 55(2B) of the Act to give effect to the National Policy Statement for Freshwater Management. (2) In subclause (1), publicly notified the amendments means that the proposed policy statement or plan containing the amendments has been publicly notified in accordance with clause 5 of Schedule 1 of the Act.

29 Permitted activities and restricted discretionary activities: temporary further conditions (1) To be a permitted activity, an activity described in regulation 26(1) or (2) must also comply with the conditions in subclause (3) of this regulation (in addition to the applicable condition, or applicable conditions, in regulation 26(3) or (4)). (2) To be a restricted discretionary activity, an activity described in regulation 27(1) or (2) must comply with the conditions in subclause (3) of this regulation.

Further conditions (3) The conditions are that— (a) land on the farm must have been used for intensive winter grazing in the reference period; and (b) at all times, the area of the farm that is used for intensive winter grazing must be no greater than the maximum area of the farm that was used for intensive winter grazing in the reference period. (4) To avoid doubt, the activity must comply with the conditions in subclause (3) of this regulation even if the maximum area used in the reference period was less than the applicable area under regulation 26(4)(a).

Enforcement officer may require information (5) A person undertaking a permitted activity under regulation 26 must provide any information reasonably required by a regional council enforcement officer for the purpose of monitoring compliance with the conditions in subclause (3) of this regulation.

30 Discretionary activities (1) The use of land on a farm for intensive winter grazing is a discretionary activity if it does not comply with either of the conditions in regulation 29(3). (2) The following discharge of a contaminant is a discretionary activity if it does not comply with either of the conditions in regulation 29(3): (a) the discharge is associated with the use of land on a farm for intensive winter grazing; and (b) the discharge is into or onto land, including in circumstances that may result in the contaminant (or any other contaminant emanating as a result of natural processes from the contaminant) entering water.

Conditions on granting resource consent (3) A resource consent for the discretionary activity may be granted only if the consent authority is satisfied that granting the consent will not result in an increase in— (a) contaminant loads in the catchment, compared with the loads as at the close of 2 September 2020; or (b) concentrations of contaminants in freshwater or other receiving environments (including the coastal marine area and geothermal water), compared with the concentrations as at the close of 2 September 2020.

Term of resource consent (4) A resource consent granted for the discretionary activity must be for a term that ends before 1 January 2031.

31 Revocations The following are revoked on 1 January 2025: (a) regulation 26(5): (b) regulation 27(3): (c) the cross-heading above regulation 28: (d) regulations 28 to 30: (e) this regulation.

Appendix K

Relevant provisions of the Resource Management (Stock Exclusion) Regulations 2020

Who must comply with these regulations 6 Who must comply with these regulations A person who owns or controls stock must comply with these regulations.

When compliance is not required 7 When compliance with water crossing requirements not required A person does not have to comply with the requirements in regulation 9(b), 10(b), 11(b), 12(b), or 14(b) in relation to a wide river if— (a) it is too difficult to install a dedicated bridge or culvert because the river has a highly mobile bed; and (b) the person ensures that stock are supervised and actively driven across the river.

Exclusion of stock from lakes and wide rivers

8 Exclusion of stock from lake or wide river includes 3-metre setback (1) Stock that are required by these regulations to be excluded from lakes and wide rivers must not be allowed closer than 3 metres to the edge of the bed of a lake or wide river (3-metre setback rule). (2) The 3-metre setback rule does not apply if— (a) stock need to access the area in order to enter or exit a dedicated bridge or culvert; or (b) stock— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month; or (c) regulation 7 applies.

9 Dairy cattle on any terrain Dairy cattle on any terrain— (a) must be excluded from lakes and wide rivers (except when crossing); and (b) must cross a lake or wide river by using a dedicated bridge or culvert unless they— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month.

10 Pigs on any terrain Pigs on any terrain— (a) must be excluded from lakes and wide rivers (except when crossing); and (b) must cross a lake or wide river by using a dedicated bridge or culvert unless they— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month.

11 Dairy support cattle on any terrain Dairy support cattle on any terrain— (a) must be excluded from lakes and wide rivers (except when crossing); and (b) must cross a lake or wide river by using a dedicated bridge or culvert unless they— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month.

12 Beef cattle intensively grazing on any terrain Beef cattle that are intensively grazing on any terrain— (a) must be excluded from lakes and wide rivers (except when crossing); and (b) must cross a lake or wide river by using a dedicated bridge or culvert unless they— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month.

13 Deer intensively grazing on any terrain Deer that are intensively grazing on any terrain must be excluded from lakes and wide rivers (except when crossing).

14 Beef cattle on low slope land Beef cattle on low slope land— (a) must be excluded from lakes and wide rivers (except when crossing); and (b) must cross a lake or wide river by using a dedicated bridge or culvert unless they— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month.

15 Deer on low slope land Deer on low slope land must be excluded from lakes and wide rivers (except when crossing).

Exclusion of stock from natural wetlands

16 Exclusion of stock from natural wetlands identified in regional or district plan operative on commencement date All stock must be excluded from any natural wetland that is identified in a regional or district plan or a regional policy statement that is operative on the commencement date.

17 Exclusion of stock from natural wetlands that support threatened species described in National Policy Statement for Freshwater Management 2020 (1) All stock must be excluded from any natural wetland that supports a population of threatened species as described in the compulsory value for threatened species in the National Policy Statement for Freshwater Management 2020. (2) A natural wetland referred to in subclause (1) includes a natural wetland identified in a regional plan that becomes operative after the commencement date.

18 Exclusion of stock from natural wetlands on low slope land All stock on low slope land must be excluded from any natural wetland that is 0.05 hectares or more.

Miscellaneous 19 More stringent regional rule prevails over provision in these regulations Despite section 68(2) of the Act, a more stringent rule in a regional plan prevails over a provision in these regulations that relates to the same matter.

Appendix L

Relevant provisions of Otago Regional Council Plans and Regional Policy Statements

Regional Policy Statement 1998

Chapter 5: Land • Objective 5.4.1 • Objective 5.4.2

• Policy 5.5.2 • Policy 5.5.3 • Policy 5.5.5

Chapter 6: Water • Objective 6.4.2 • Objective 6.4.3 • Objective 6.4.4

• Policy 6.5.5 • Policy 6.5.6 • Policy 6.5.9

Proposed Regional Policy Statement 2016

Chapter 2: Kāi Tahu values and interests are recognised and kaitiakitaka is expressed • Objective 2.2 • Policy 2.2.1

Chapter 3: Otago has high quality natural resources and ecosystems • Objective 3.1 • Policy 3.1.1 • Policy 3.1.2 • Policy 3.1.8 • Policy 3.1.13

Chapter 4: Communities in Otago are resilient, safe and healthy • Objective 4.3 • Policy 4.3.2 • Policy 4.3.3

• Objective 4.6 • Policy 4.6.2 • Policy 4.6.9

Chapter 5: People are able to use and enjoy Otago’s natural and built environment • Objective 5.4 • Policy 5.3.1 • Policy 5.4.1

Regional Plan: Air

Part II: Otago’s Air Quality Issues • Issue 4.5 Dust from area sources

Part III Quality Management: Objectives and Policies • Objective 6.1.2 • Policy 10.1.1

Appendix M Relevant provisions of Iwi Management Plans

Kāi Tahu ki Otago Natural Resources Management Plan 2005

• 5.3.3 Wai Mäori General Objectives • 5.3.4 Wai Mäori General Policies

Te Tangi a Tauira: Ngāi Tahu ki Murihiku Natural Resource and Environmental Iwi Management Plan 2008

• 3.5.10 General Water Policy • 3.5.11 Rivers