Before the Special Tribunal for the Ngaruroro and Clive Rivers Water Conservation Order at Napier

In the matter of the Resource Management Act 1991 (the RMA)

And

In the matter of a Special Tribunal appointed under s 202 of the RMA to consider an application for a Water Conservation Order

Memorandum on behalf of Hastings District and Napier City Council providing information requested at WCO Stage 2 Hearing

Dated 12 March 2019

Counsel: Matthew Casey QC / Asher Davidson P O Box 317 Auckland 1140 T: (09) 337 0400 / (09) 337 0700 F: (09) 337 0800 E: [email protected] / [email protected]

May it Please the Special Tribunal:

1. This memorandum is to provide information requested by the Special Tribunal which was not to hand at the time submissions were made on behalf of Hastings District Council (HDC) and Napier City Council (NCC) on 1 March 2019.

District Plan provisions

2. First, the Councils were requested to provide a summary of the District Plan provisions that would have been relevant had the Tribunal been required to undertake a s 32 assessment. Attached as Appendix 1 is a record of these District Plan provisions, which are submitted to be relevant in any event to the Tribunal’s consideration under s 207(c) RMA.

3. The list for Napier City Council is considerably shorter than that for Hastings District Council, primarily because Napier is affected by hydraulically connected groundwater rather than by virtue of the rivers or tributaries being within the City, meaning fewer sections are directly relevant.

4. The full text of the District Plans can be accessed at:

(a) Hastings Proposed District Plan1 - https://eplan.hdc.govt.nz/eplan/

(b) Napier District Plan - https://www.napier.govt.nz/services/planning-and- resource-consents/district-plan/

Water Restrictions

5. Secondly, a question was also raised about how, if water restrictions are required, the Councils currently determine which groups will incur restrictions, at what stage. Having had the chance to make enquiries, a fuller answer to that enquiry is set out in this memorandum for the Tribunal’s information, at Appendix 2.

1 There are 2 outstanding appeals on the Proposed District Plan, relating to wāhi taonga areas and rezoning of a discrete piece of land, which mean that the Plan has not yet been made fully operative. However, for the purposes of consideration of the District Plan provisions for Hastings, all relevant sections are effectively operative and there is no need to refer to the Operative District Plan.

Page | 2 6. Should the Tribunal require clarification of any matter raised or have further queries in relation to the Councils’ positions, I am happy to respond as needed.

Dated this 12th day of March 2019.

______Matthew Casey QC / Asher Davidson Counsel for Hastings District Council and Napier City Council

Page | 3 Appendix 1 – District Plan Provisions

2.2 – Characteristics With over 20,000 ha of production Hawke's Bay is the largest horticultural sub region in New Zealand. While there is a significant high value export of the District from this industry it is also a crucial link in the domestic food supply chain in New Zealand because of the ability to supply fruit and vegetable crops into local markets at times of the year when supply from other regions cannot meet demand. With a total investment on farm and off farm for the horticulture industry in New Zealand of $33.5bn it is estimated that the Hawke's Bay investment in vegetable and fruit production is in the region of $5.5bn. Hawke's Bay produces approximately 17% of New Zealand's total fruit production and around 17.5% of total vegetable production per annum. At the peak of the season approximately 12,000 full time equivalents are employed by the horticulture industry in Hawke's Bay. Continued intensification of agricultural production and downstream processing is vital for the economic wellbeing of the Hastings District. Hawke's Bay is the oldest established wine growing region in New Zealand and makes a significant contribution to the New Zealand wine industry in terms of quality and quantity. The sunny and warm climate combined with the soils which are well suited for grape growing account for the Hastings District being one of the largest producers of wine in New Zealand

2.2 – Characteristics Hastings has developed a significant processing, manufacturing and commercial centre, handling the production of the region, and providing the of the District services and infrastructure to support the growing community. Significant activities support the food processing industry of the Hastings District, including Heinz Wattie's, McCain's, and ENZA. … While the City maintains its strong connections to the rural hinterland for economic wellbeing, it has developed into a substantial urban centre in its own right. The different sectors of the economy are inextricably linked.

2.8 – Rural Resource Ninety two percent of the land in the Hastings District area can generally be described as rural in nature, and is predominantly utilised by activities Strategy that rely on the natural resources of the environment. This ‘rural’ resource plays a significant role in shaping and enabling the wellbeing of the Hastings District, principally through the utilisation and development of its natural and physical resources. The rural area of the Hastings District incorporates a wide variety of land and soil types which, when combined with the Hastings District's climate, are capable of sustaining an extensive range of agricultural such as pastoral, horticulture and viticulture activities.

…

In addition to the land resource, the rural area of the Hastings District contains a large number of small and extended communities, including a number of marae. Significant tracts of the rural area are also held as part of the nation's conservation estate. The area also contains a number of Outstanding and Significant Amenity Landscapes, and an array of heritage buildings and sites.

The rural area of the Hastings District has historically been associated with pastoral activities and pipfruit production which have supported service and processing activities in the urban areas. However intensive rural production also forms an important part of the primary production sector in the wider rural area. Changing national and international markets have resulted in a growing diversity of activity on land throughout Hastings District (including more intensive forms of primary production). This has assisted the development of a more robust economy in the area. Within the rural area there is significant competition for land as well as for access to the soil and water resources.

…

Page | 4 The Resource Management Act requires Council to ensure that the soil resources of the Hastings District are managed sustainably for both present and future generations. It also requires the Council to manage the effects of land uses. The District Plan therefore needs to ensure that the rural resources of the Hastings District are properly identified and appropriate objectives and policies put in place to enable the ongoing development and utilisation of the resources in a sustainable manner.

2.8 – Rural Resource The key feature of the rural area of the Hastings District is the opportunity to accommodate production based on differing combinations of soil, Strategy water and climate. In addition to this, certain resource combinations are only available in defined geographic areas, or are available only in a limited way. … The need to carefully identify the nature, and extent of the available rural resources, and to manage them, is highlighted by the increasingly 2.8.2 – Resource specialised requirements of activities directly utilising the soil and water resources of the area, and by increasing demand from other activities Management Issues seeking to locate in rural areas. The District Plan should enable rural resources to be used responsively to changes in demand and investment opportunity. … The District Plan needs to ensure that it addresses the sustainability of the resources that exist in its rural area.

5.1 – Rural Strategic [The Rural SMA] Is the fifth largest pastoral production area in New Zealand and primary production and processing is by far the largest single Management Area industry for the region, accounting for 36% of the Hawke's Bay Region's total gross domestic product. It is also clear that the region will remain economically dependent on this sector for quite some time.

…

The need to retain versatile land and productive soils for food production and to maximise the output from the land is one of the most important themes running through the Council's strategic direction for the future. World demand for food is expected to increase by 50% by 2030 and by 70- 100% by 2050. The Hastings District has natural advantages in food production and this forms the basis behind the Zones in the Rural area.

…

Soils need water for production and this District is fortunate to be blessed with both. There are a large number of river systems within the District with most of their origins beginning in the Rural Hill Country, including all of the river catchments that feed into the Heretaunga Plains. Lower average river flows were recorded during the 2002/03 to 2007/08 period and little is known about the groundwater resource in hill country areas of the Hastings District.

…

With decreased average rainfall and increased droughts associated with climate change, the potential for water shortages in rural areas will increase. There is already an increased focus from hill country farmers on water storage. Lower average rainfall, increased drought risk and more hill country water storage would all impact on recharge rates of the Heretaunga Plains aquifer.

…

Page | 5 Providing for a range and flexibility of land use activities in the Rural SMA will be important for the future in adding diversity and resilience to the rural economy thereby providing additional employment and economic opportunities to the community. This outcome will need to be consciously balanced against the need to protect and retain the rural land resource for primary production and the health and availability of water.

5.2 – Rural Zone RZA01 The life supporting capacity of the rural land and water resource is retained.

5.2. 2 - Anticipated … Outcomes RZA07 The life supporting capacity of the Heretaunga Plains Unconfined Aquifer system will be sustained.

RZA08 The Mana Whenua values regarding the Kaitiakitanga of the Aquifer water resource are maintained.

5.2 – Rural Zone OBJECTIVE RZO1 To ensure that the productive nature of the land within the Zone is not diminished. 5.2.3 – Objectives and Policies OBJECTIVE RZO5 To promote the integrated and sustainable management of natural and physical resources including water.

POLICY RZP16 Work collaboratively with the Regional Council to manage land uses that impact on water quality and quantity.

Explanation The National Policy Statement for Freshwater Management seeks improved integration between the management of freshwater and the use and development of land within the catchments. This will occur by developing collaborative management techniques with the Regional Council.

6.1 – Plains Strategic The Plains Environment is central to the economic and social wellbeing of Hastings and the wider Hawke's Bay community. The Plains Strategic Management Area Management Area includes the Heretaunga Plains that surround the Hastings urban area, the Poukawa Basin as well as the fertile river valleys of 6.1.1 – The Plains the Tutaekuri and Ngaruroro Rivers. The Plains and river valleys are the much valued growing and cropping area of the District. They are the areas Environment upon which the reputation of Hawke's Bay as a centre for horticulture and viticulture excellence is built.

…

The value of this versatile land to the local economy is well proven with the addition of a further food processing plant to Hastings. The community has also signalled that the protection of this land is of paramount importance and its value to the region is recognised in the Regional Policy Statement. Through the process of drafting the Heretaunga Plains Urban Development Strategy, there was significant support for preventing further urban encroachment onto the versatile land of the Heretaunga Plains. The District Plan will therefore continue with its policy of protecting the land from subdivision and development that is not for the purposes of food production. There is no reason to reduce the minimum subdivision size of lots in the areas where versatile land is identified. It is intended that future generations of Hastings ratepayers will have similar levels of productive rural land available to them as we currently have. This will be achieved by both maintaining the minimum lot size for subdivisions and

Page | 6 also restricting the amount of building on versatile land to that which is absolutely necessary to support our primary industry. The Council is also identifying clear urban/rural boundaries for its future urban growth options.

…

It is intended that the Plains Strategic Management Area will protect the versatile land of the Plains so that they can continue to meet the economic needs of the community upon which the local economy is built. Being in such close proximity to the main urban areas of both Napier and Hastings places significant pressure on the Plains resources, and also contributes towards their versatility. This is particularly so for land that is adjacent to the main transport routes.

…

The potential for expanded production from the Heretaunga Plains, the Rural Zone and the Ruataniwha Plains arising from water storage initiatives, highlights the need to ensure that the ability to use the land for productive purposes is not compromised.

6.1 – Plains Strategic PAO3 Sufficient areas of land used for crops and orcharding to sustain the local economy. Management Area 6.1.2 – Anticipated Outcomes

6.1 – Plains Strategic OVER ARCHING OBJECTIVE PSMO1 The land based productive potential and open nature of the Plains environment is retained. Management Area 6.1.3 – Objectives and Policies

6.2 – Plains The Plains Production Zone recognises the growing powerhouse of the District. It is the focus for cropping, viticulture and orcharding in the region Production Zone and in these activities it is nationally significant. The key to its productivity is the versatile land resource which provides flexibility into the future 6.2.1 - Introduction for changing productive land uses. Retaining this land for production purposes is a principle that forms one of the Council's cornerstones for sustainability of the District's natural and physical resources.

…

The Plains Production Zone surrounds the urban areas of Hastings, Havelock North, and Flaxmere and also includes parts of the Esk, Tutaekuri, and Ngaruroro river valleys. This land is intensively used and safeguarding the natural soil resource on the Plains with consequential benefits for productive capacity, is crucial to the future wellbeing of the District. The Council has clearly articulated this in its Vision which states that Hawke's Bay will be the premier land based production region of the South Pacific." This level of recognition has already been attained by the Winegrowers whose vineyards are located in the unique soil and climatic area of the Heretaunga Plains known as the 'Gimblett Gravels'. The concentration of Class 7 soils around the Roys Hill area has a largely uniform land use based around grape growing and wine production.

Page | 7 … Tangata Whenua with Mana Whenua have a unique relationship with the land of the 'Plains'. As kaitiaki of this resource, Tangata Whenua with Mana Whenua have a responsibility to ensure that the versatile soils of the Plains are available to future generations.

This ethic of sustainable use of the Plains versatile land resource has also been endorsed by the wider community as it is recognised that this land plays a significant role in maintaining the economy of the District and, as a consequence, the wellbeing of the community. The economic prosperity of the District will continue to rely on the productive nature of this land into the future, with the character of the use possibly changing as a result of adaptation to climate change.

6.2. – Plains PPAO1 The sustainable management of the versatile land of the Heretaunga Plains. Production 6.2.2 – Anticipated PPAO2 Recognition and acceptance of the level of effects associated with the sustainable management of land based primary production Outcomes activities on the Heretaunga Plains. PPAO9 The life supporting capacity of the Heretaunga Plains Unconfined Aquifer system will be sustained.

PPAO10 That Mana Whenua values regarding the Kaitiakitanga of the Aquifer water resource are maintained.

6.2. – Plains POLICY PPP19 Work collaboratively with the Hawke's Bay Regional Council to manage land uses that impact on water quality and quantity. Production 6.2.3 – Objectives and Policies

19.1 – Riparian Land The Resource Management Act requires the Council to recognise and provide for the preservation of the natural character of waterbodies and Management and their margins and to promote public access to and along the waterbodies in the District. Hastings District contains a number of major river systems Public Access District and lakes, including the Mohaka, Tutaekuri, Ngaruroro and Tukituki Rivers, Lake Tutira and Lake Poukawa, as well as numerous smaller rivers, lakes Wide Activity and streams. 19.1.1 - Introduction The margins of waterbodies throughout the District are important elements of the landscape and important habitats for indigenous flora and fauna. They are highly valued for their amenity, landscape, recreation and conservation values. The riparian margins of waterbodies provide a buffer for effects of non-point of source discharges, maintain the stability of banks, enhance natural character and landscape values, provide ecological corridors for movement of wildlife, and provide public access and recreational opportunities. Over time, however, waterbodies and their margins can deteriorate because of changes to land use in their catchments. As many waterbodies throughout the District flow through farmland, there has been, and remains, potential for modification of the river margin areas by unsustainable land use practices, vegetation clearance, or earthworks. The protection and enhancement of the remaining areas is important to preserve the natural character of waterbodies, and to enable public access to them for recreation purposes.

Page | 8 19.1 – Riparian Land RMAO1 The preservation of conservation values and the provision of public access, and the recreational use of land on the margins of Management and rivers, lakes and the sea in the District, having recreational, cultural and natural significance. Public Access District RMAO2 Protection of the margins of waterbodies in the urban area where there is intensive development. Wide Activity RMAO3 The protection of riparian margins of the coastal environment, wetlands, lakes and rivers in the District by appropriate land 19.1.2 – Anticipated management practices, and the establishment and retention of appropriate riparian vegetation, and the setting aside of esplanade Outcomes areas adjoining significant waterbodies. 19.1 – Riparian Land RMO1 To protect areas of the coastline and the margins of rivers, lakes and streams that are identified as being of significant, natural, Management and cultural, or recreational value. Public Access District Wide Activity Policy RMP3 Provide incentives for the voluntary setting aside of land adjacent to rivers, lakes or the sea in the Rural and Plains Production Zones, which are identified in of the Hastings District Plan as being of natural, cultural or recreational significance. 19.1.2 – Objectives and Policies RMO2 To recognise the importance of the natural character of the riparian margins of the coastal environment, wetlands, lakes and rivers, protect them from inappropriate subdivision, use and development and promote their preservation and enhancement.

POLICY RMP5 To encourage and promote land management practices along the margins of the coastal environment, wetlands, lakes and rivers that provide for the preservation of the natural character of those margins.

POLICY RMP6 To encourage the retention of indigenous vegetation and promote planting within the coastal environment and on the margins of wetlands, lakes and rivers

24.1 – Activities on SWAO1 Potential conflicts between surface of water activities and adjoining activities will be avoided, remedied or mitigated. the Surface of Water 24.1.2 – Anticipated SWAO2 A wide range of commercial and cultural activities will be able to utilise the District's water resources. Outcomes SWAO3 Maintenance of the natural amenity and intrinsic values of waterbodies.

24.1 – Activities on SWO1 To enable the use of the surface of waterbodies for a wide range of recreational, commercial, and cultural activities and for water the Surface of Water protection activities, while mitigating any adverse effects arising from that use. 24.1.3 – Objectives and Policies SWO2 To maintain the natural character of rivers and lakes and their margins within the District from the significant adverse effects of surface of water activities.

POLICY SWP2 Ensure that surface of water activities avoid, remedy or mitigate their effects on other surface of water activities and on activities adjoining the waterbody.

Page | 9 Explanation Many activities being undertaken on the surface of water are recreational and transitory in nature. This makes them difficult to regulate. Certain activities, particularly those using powered watercraft, can create a nuisance to other water users, and adjoining landowners. Hours of Operation for Activities on the Surface of Water will be used to reduce potential conflicts, in addition to segregating users onto different waterbodies.

POLICY SWP3 Mitigate adverse effects of Motorised Water Recreation Activities on the flora and fauna of waterbodies by limiting the frequency of activity and the time of year when it can occur (other than on selected sections of the Ngaruroro, Clive and Mohaka Rivers).

Explanation The presence of motorised craft on the surface of waterbodies can have detrimental effects on plant and animal life through noise disturbance, wave lap and/or physical contact, particularly at certain periods of the year when water levels are low. To ensure the environment is not damaged, the frequency and timing of access to these waterbodies will be restricted.

Such restrictions do not apply on selected sections of the Ngaruroro, Clive and Mohaka Rivers, consistent with their gazetting under the Water Recreation Regulations 1974, for the purpose of allowing small craft to exceed the 5 knot speed limit. The identification and unrestricted frequency of use of these defined sections of rivers for motorised water recreation activities is one method by which potential conflict between different surface of water activities, and adverse effects by such activities on the flora and fauna of other waterbodies, is largely avoided.

Appendix 54 - Waterbody – Ngaruroro River RIPARIAN AREAS IN THE RURAL AND Values: PLAINS ZONES IDENTIFIED AS BEING Conservation – Soil conservation and river control, wildlife habitat OF NATURAL, RECREATIONAL OR Rating – High CULTURAL SIGNIFICANCE Recreation and Access – Fishing, swimming, water fowl and upland game hunting Rating - High

Page | 10

Napier District Plan

1 – Introduction The historical development of the Napier economy has been based on activities occurring within the City itself and its role within the wider regional economy. In terms of the City, these have included its relatively small primary industries base, specialised manufacturing (e.g. food, textiles, timber, 4 – Social and electronics and other activities), residential development, retailing, hospitality/tourism services, transport and business services, Government Economic Activity agencies and education. In terms of the region, the City's contribution relates to, in particular, the visitor industry, the Port of Napier and Hawke’s Bay Airport, the processing of Hawke’s Bay primary production, service manufacturing in support of the rural sector and tertiary education. The importance of the Port is indicated by research identifying that it is associated with approximately 50% of the region's economy

The main employing sectors in Napier include primary production processing, manufacturing of metal products, construction, wholesaling and retailing, community services, transport and communications, business services and education. Significant employment gains over the past three years have been recorded by agricultural services, construction, wholesaling and retailing, hospitality services, business services, education and community services.

Napier's sector growth opportunities over the medium-term are considered to include further tourism development (Art Deco, wine, conferences, general tourism and international visitors), industries servicing the tourism sector (accommodation, attractions and hospitality), tertiary and international education, transport (especially the Port of Napier and Hawke’s Bay Airport), specialised manufacturing, wood processing and further residential development.

The Napier City Council's long-term Vision for Napier is for the City to strengthen its position as the tourism, transport, administration, specialised manufacturing and retirement/lifestyle hub of the Hawke’s Bay region.

1 – Introduction It has already been stated that the City has a direct relationship with the regional economy, an economy that is linked to primary production. The Council recognises this through the sustainable management of the highly versatile soils within the area. Other rural areas of the City provide for rural lifestyles and form an important backdrop to the City. 5 – The Environment

Page | 11 2 – Sustainability 1. Urban Growth

2.4 – Residential … Environments Adequate and functioning infrastructure including roading, water, stormwater and sewerage networks is an important element of the community’s social and economic wellbeing, particularly in the urban environment. It also represents a major community investment that should be utilised and protected. Promoting the efficient use of the City’s network of services, will aid in reducing the environmental costs of development for present and future generations and sustain the future potential of resources….

2. Versatile Soils

The rural area of the City is not extensive. However in national terms it comprises some of the most versatile soils. It is recognised that agriculture/horticulture continue to make a huge contribution to the region’s economic wellbeing. The Council will continue to sustainably manage the versatile soils in the Meeanee and Bay View areas to ensure that fragmentation of the resource does not continue with a consequential reduction in the inability to use the land efficiently. Fragmentation of the land would also prevent future generations from obtaining the same benefits from the land that are currently enjoyed today.

Viticulture and winemaking in the district and the wider Hawke’s Bay has also resulted in increased tourist numbers who visit Napier to tour the wineries and enjoy the wine, food and other associated activities. The Plan aims to enable such operations while managing any adverse effects that they may create.

2 – Sustainability 1. Sustainable Use and Development

2.9 - … Infrastructure The City’s Strategic Plan highlights the importance of infrastructural services and recognises that their provision is a core responsibility of the Council. They represent a major community investment that should be sustainably managed. Promoting the efficient use of the City’s network of essential services, community services, utilities, roads and other infrastructural components will aid in reducing the environmental costs of development for present and future generations and sustain the future potential of natural and physical resources. The environmental costs of any failure of the City’s infrastructure system would be significant.

Page | 12 33 - Rural Obj 33.2 Environments - Objectives and To protect the City’s outstanding natural features, significant landscapes, and its rural land from the adverse effects of inappropriate subdivision, Policies use and development of land. Pol. 33.2.8

Establish defined urban limits to retain and protect the versatile and productive soils from ad hoc urban subdivision and development in accordance with the recommendations of the adopted Heretaunga Plains Urban Development Strategy (HPUDS).

Pol. 33.2.11

Restrict activities which may cumulatively deplete the versatility and productivity of the soil resource.

Principal Reasons for Rules

The protection of productive and versatile soils is a matter of consideration both against the background of Section 5 of the Act and in terms of Section 7 in having particular regard for any finite characteristics of natural and physical resources and their efficient use and development. The Hawke’s Bay Regional Policy Statement also recognises that “the versatile land of the region, particularly in the Heretaunga Plains sub-region is a regionally, if not nationally, significant resource for primary production and ultimately underpins the economy of the Region”, and that “pressure from urban development encroaching on this resource is a regionally significant issue” ISS UD2 of the Hawke’s Bay Regional Resource Management Plan.

The Heretaunga Plains includes some of the most fertile and versatile soils in New Zealand. The subdivision of land holdings into small lots and subsequent land uses can reduce the range of possible uses, compromise the productive use of soil resources and potentially affect the character and amenity of the rural environment. It can also limit the potential for current and future generations to provide for their social, economic and cultural wellbeing. Once land is converted for residential land uses, it is rarely converted back to rural land uses and since versatile soils are a limited resource, any adverse effect on versatile soils shall be avoided, remedied or mitigated. The Council will encourage the amalgamation of small areas of land which are not suitable for sustained, independent production. This will ensure that a more diverse range of productive land uses can occur and will enable the soil resource to be utilised in a sustainable manner. Specified small-scale ‘non-rural’ activities are permitted in order to support the rural use of the land, however these must remain a part of these existing rural sites, and must not be subdivided from the site to create a separate non-rural use.

Productivity and versatility of soils can be improved through modern farming practices and technological improvements. It is important that the finite resource of rural land is preserved from the effects of non-rural uses so that future generations can benefit from the productive capacity of the soils. To ensure the versatile and productive soils of the Heretaunga Plains are not depleted, HPUDS requires local authorities to establish an urban limit and for no new residential and rural residential subdivision and development to occur beyond this limit.

Page | 13 Appendix 2 – Water Restriction Provisions

Hastings District Council

1. Water take consents granted by Hawkes Bay Regional Council to Hastings District Council contain conditions which require restrictions to be imposed when certain triggers are met. As noted in submissions, HDC holds a number of water take consents, which are subject to varying conditions, however the principal requirement is for HDC to prepare a Water Conservation and Demand Management Strategy (WC&DM) which identifies a staged approach to imposing water restrictions.

2. The trigger points for imposing restrictions are identified in the water take consents and relate to stream levels.

3. The restriction levels identified in the WC&DM are:

(a) Level 1 – Conservation – Voluntary action to conserve water;

(b) Level 2 – Sprinkler and hose restrictions - Sprinklers and hoses can be used between 6am and 8am and 7pm and 9pm on even numbered days of the month for even numbered houses and odd numbered days of the week for odd numbered houses;

(c) Level 3 – Sprinkler ban. Handheld hoses can be used on alternate days between 6am and 8am and 7pm and 9pm only;

(d) Level 4 – Total ban on all outdoor water use. No sprinkler of hand-held hosing.

4. Clause 7.5.1 of HDC’s Consolidated Bylaw provides:

Every person must comply with each and every restriction on the use of water from the Water Supply Network which may be Publicly Notified by the Council from time to time.

5. Local Government Act 2002, section 242, provides that a fine not exceeding $20,000 is payable for an offence against a bylaw.

Page | 14 6. I am instructed that most irrigators and industrial users operate their own bores and HDC does not supply water to them, so HDC does not impose restrictions on their use. Any such restrictions would need to be imposed by HBRC through conditions of individual water take consents.

Napier City Council

7. NCC holds a resource consent to take water for the purposes of Napier City public water supply. The consent requires NCC to submit for approval a Water Conservation Strategy, which, amongst other things, is required to identify a staged implementation of water conservation measures, and a:

Commitment to a range of water demand management measures including water use restrictions, ongoing leak detection and reduction, pressure management, efficient residential use…. Achieving industrial, and commercial, parks and reserves water use efficiency.

8. That Strategy includes “Criteria for Emergency Water Restrictions”, which identifies levels of water restrictions and triggers for them (see attached).

9. NCC’s Water Supply Bylaw 2012 provides:

9.73 Demand Management

The customer shall comply with any restrictions which may be approved by the [Water Supply Authority] to manage high seasonal or other demands. Such restrictions shall be advised by public notice. … 9.74 Emergency restrictions

During an emergency the WSA may restrict or prohibit the use of water for any specified purpose, for any specified period, and for any or all of its customers. Such restrictions shall be advised by public notice….

…

10. The Bylaw identifies “Failure to comply with water use restrictions or prohibitions introduced by the WSA” as a breach of the conditions to supply water.

Page | 15 CRITERIA FOR EMERGENCY WATER RESTRICTIONS

Introduction

NCC delivers approximately10 million cubic meters of water to 93% of the resident population of 58,000 people annually. The predominantly urban environment of Napier Water Supply Area is spread over alluvial flood plains, bordered by a limestone hill to the northeast of the city and the hills of Taradale to the west. Bay View is a separate settlement to the north of Napier and forms the Bay View Water Supply Area.

The water supply is sourced from wells in the Awatoto and Taradale areas, which contain a higher aesthetic quality of water and delivered to the reticulated population via three bulk water supply systems. The three bulk supply systems are Enfield which services most of the flat area of Napier, Thompson which supplies Napier Hill and the Bay View system.

Average annual water demand in Napier is approximately 27,500 m3 and peak summer demand can go high as 52.000m3. Total storage capacity is approximately 29,500m3.

Current maximum total production capacity is approximately 53,000m3 and maximum abstraction rate is approximately 616 litres/sec.

If one or two bores were not available due to maintenance or breakdowns, the demand during peak summer period exceeds the supply. Therefore, continuity of supply depend on available storage.

Purpose

The purpose of this document is

• to manage/reduce the risk of disruption to continuity of service due supply shortage

• to detail how water restrictions are implemented

• to maintain sufficient water storage for emergency situations

Water Restriction Levels

Level Description Detail Level One Conservation Voluntary action to conserve water, discretionary use such as the use of sprinklers/irrigation systems, washing cars. The Council will implement water conservation campaign during this period. Level Two Sprinkler and Sprinkler and hose restrictions. These can Hose be used between 6am and 8am and Restrictions between 7pm and 9pm only as follows: Even numbered houses on even days of the month. Odd numbered houses on odd days of the month.

Page | 16 Level Three Sprinkler Ban Sprinkler/irrigation system ban. Hand-held hoses can be used on alternate days between 6 and 8am and 7 and 9pm only.

Level Four Total Sprinkler Total ban on all outdoor water use. and Hose Ban Level Five Water usage Total ban on outdoor usage, commercial restricted only activities such as water blasting, car for consumption washing, taking water from hydrants etc. and sanitary purpose only

Criteria for Emergency Water Restrictions

Criteria for emergency water restrictions are based on:

Criteria 1 - When demand is likely to be exceeding the supply

Criteria 2 - When minimum storage is likely to be not maintained

Emergency water restrictions will be enforced when one or both of above criteria are met.

Criteria 1

Restriction Level Trigger Level One Daily demand is 65% to 70% of the production capacity in any 7 consecutive days. The Council may decide imposing Level One Water Restriction at any time at its discretion due to forecasted prolonged dry weather periods, unknown water losses or any other reason. Level Two Daily demand is 70% to 80% of the production capacity in any 3 consecutive days. The Council may decide imposing Level One Water Restriction at any time at its discretion due to forecasted prolonged dry weather periods, unknown water losses or any other reason. Level Three Daily demand is 80% to 90% of production capacity in any 3 consecutive days. Level Four Daily demand is 90% to 100% of the production any2 consecutive days. Level Five Daily demand exceeds production capacity

Criteria 2 Triggers

Emergency water restrictions should apply, when Taradale or Enfield reservoir levels reach to the levels mentioned in the following table in two consecutive days.

Page | 17 Minimum level of Minimum level of Restriction Level Taradale Enfield reservoirs reservoirs

60% to 70% 70% - 80% Level One 55% to 60% 60% to 70% Level Two 50% to 55% 55% to 60% Level Three 40% to 50% 40% to 55% Level Four Less than 40% Less than 40% Level Five

Public Notification

Public shall be notified through communications team. See “Communication Plan for Emergency Water Restrictions”.

Page | 18