14 October 2014

Raincliff Station Limited Attn To: David Morgan 39 George Street 7910

Dear Sir/Madam

NOTICE OF RESOURCE CONSENT DECISION(S)

RECORD NO: CRC152152 NAME: Station Limited

The decision of Environment Canterbury is to grant your application(s) on the terms and conditions specified in the attached resource consent document(s). Your resource consent(s) commences from the date of this letter advising you of the decision. The reasons for the decision are:

1. Any adverse effects on the environment as a result of the proposed activity will be minor. 2. There are no persons considered to be adversely affected by this proposal.

For some activities a report is prepared, with officer recommendations, to provide information to the decision makers. If you require a copy of the report please contact our Customer Services section.

If you do not agree with the consent authority decision, you may object to the whole or any part. Notice of any objection must be in writing and lodged with Environment Canterbury within 15 working days of receipt of this decision.

Alternatively you may appeal to the Environment Court, PO Box 2069, . The notice of appeal must be lodged with the Court within 15 working days of receipt of this decision, with a copy forwarded to Environment Canterbury within the same timeframe. If you appeal this decision, the commencement date will then be the date on which the decision on the appeal is determined. If you are in any doubt about the correct procedures, you should seek legal advice.

Environment Canterbury takes every measure to improve both applications and processes, and we appreciate your feedback as an important component in ensuring this occurs. You can complete a consents survey on-line at http://www.ecan.govt.nz/services/resource-consents/pages/surveys.aspx . Alternatively, you can call our Customer Services Section on 0800 EC INFO who will be happy to complete the survey with you.

Charges, set in accordance with section 36 of the Resource Management Act 1991, shall be paid to the Regional Council for the carrying out of its functions in relation to the administration, monitoring and supervision of resource consents and for the carrying out of its functions under section 35 of the Act.

Thank you for helping us make Canterbury a great place to live.

Our Ref: CRC152152 Your Ref: EC311432,EC101941 Contact: Customer Services

For all queries please contact our Customer Services Section by telephoning (03) 353 9007, 0800 ECINFO (0800 324 636), or email [email protected] quoting your CRC number above.

Yours sincerely

CONSENTS PLANNING SECTION

CC Address:

Irricon Resource Solutions Limited Attn To: Jack Christensen PO Box 2193 Timaru 7941

RESOURCE CONSENT CRC152152 Pursuant to Section 104 of the Resource Management Act 1991

The Canterbury Regional Council (known as Environment Canterbury)

GRANTS TO: Raincliff Station Limited

A WATER PERMIT: to take and use surface water

CHANGE TAKES EFFECT 14 Oct 2014 DATE :

EXPIRY DATE: 09 Oct 2030

LOCATION: Gudex Road, Raincliff

SUBJECT TO THE FOLLOWING CONDITIONS:

1 Water may only be taken from the River from proposed gallery BZ18/0010, 3.5 metres width, six metres below the natural riverbed level, and extending up to 100 metres from map reference Topo50 BZ18:3977-1112 in a north east direction, as shown on Plan CRC152152, which forms part of this consent.

2 The rate at which water is taken from the Opuha River from proposed gallery BZ18/0010 shall not exceed 66.5 litres per second, with a volume not exceeding 40,000 cubic metres in any seven consecutive day period, and 900,000 cubic metres between 01 July and the following 30 June.

3 The Canterbury Regional Council, Attention: Regional Manager, RMA Monitoring and Compliance, shall be informed immediately on first exercise of water being taken from proposed gallery BZ18/0010 by the consent holder.

4 Water taken from proposed gallery BZ18/0010 may only be used for the irrigation of crops and pasture, on the area of land labelled “Irrigation Area”, as shown on Plan CRC152152.

5 Except as provided for by condition (6) below, whenever the actual flow of the Opihi River at State Highway One Bridge (map reference NZMS 260 K38:718-591), as estimated by the Canterbury Regional Council, is at or below 15 cubic metres per second, the taking of water in terms of this permit shall cease.

6 Condition (5) of this consent shall not apply to the taking of water in terms of this permit provided that: a. the lake level at the Opuha Dam is at or above 375 metres above Mean Sea Level in terms of the Lyttelton Datum (1937); and b. the flow in the Opihi River at Saleyards Bridge (map reference NZMS 260 J38:618- 603) during the relevant month is estimated by the Canterbury Regional Council is at or above the sum of the corresponding flow (in cubic metres per second) in the following table, plus the total rate at which water is currently authorised to be taken downstream of Saleyards Bridge that are at that time authorised to be taken pursuant to "AA", "BA" or "AN" permits (as defined in the Opihi River Regional Plan dated 28 September 2000):

Page 2 CRC152152

Month Flows January 3.5

February 3.5

March 7.5

April 8.0

May 4.5

June 4.0

July 4.0

August 4.5

September 6.0

October 8.5

November 7.0

December 6.0

OR a. the lake level at the Opuha Dam is between 370 metres and 375 metres above Mean Sea Level in terms of the Lyttelton Datum (1937); and b. the flow in the Opihi River at Saleyards Bridge (map reference NZMS 260 J38:618- 603) during the relevant month is estimated by the Canterbury Regional Council is at or above the sum of the corresponding flow (in cubic metres per second) in the following table, and the rate of abstraction is no more than 51.2 litres per second, plus the total rate at which water is currently authorised to be taken downstream of Saleyards Bridge that are at that time authorised to be taken pursuant to "AA", "BA" or "AN" permits (as defined in the Opihi River Regional Plan dated 28 September 2000):

Page 3 CRC152152

Month Flows January 3.35

February 3.35

March 5.35

April 5.6

May 3.85

June 3.6

July 3.6

August 3.85

September 4.6

October 5.85

November 5.1

December 4.6

7 The taking of water authorised under this permit shall cease for a period of up to 48 hours on notice from the Canterbury Regional Council, to allow measurement of the flow in the Opuha River.

8 The taking of water in terms of this permit shall only occur while the consent holder holds an entitlement to be supplied by the Dam Company (as defined in the Opihi River Regional Plan dated 28 September 2000) or its successor, with water equivalent to the maximums provided for in condition (1), and where the consent holder has provided the Canterbury Regional Council with details of the shares, agreement or other entitlement, and with a written undertaking that the water taken under the entitlement is to be used exclusively for irrigation of the land covered by this permit.

9 The consent holder shall notify the Canterbury Regional Council in writing within three working days if the consent holder ceases to hold, reduces the number of shares held in, or varies the entitlement to have water supplied by, the Dam Company, or proposes that the water taken under the entitlement is to be used wholly or in part for the irrigation of land other than the land covered by this permit.

10 The consent holder shall, before 01 September 2014, install an easily accessible straight pipe(s), with no fittings or obstructions that may create turbulent flow conditions, of a length at least 15 times the diameter of the pipe, as part of the pump outlet plumbing or within the mainline distribution system.

Page 4 CRC152152

11 The consent holder shall before 01 September 2014: a. i. install a water meter(s) that has an international accreditation or equivalent calibration endorsement, and has pulse output, suitable for use with an electronic recording device, which will measure the rate and the volume of water taken to within an accuracy of plus or minus five percent as part of the pump outlet plumbing, or within the mainline distribution system, at a location(s) that will ensure the total take of water is measured; and ii. install a tamper-proof electronic recording device such as a data logger(s) that shall time stamp a pulse from the flow meter at least once every 15 minutes, and have the capacity to hold at least one season’s data of water taken as specified in clauses (b)(i) and (b)(ii), or which is telemetered, as specified in clause (b)(iii). b. The recording device(s) shall: i. be set to wrap the data from the measuring device(s) such that the oldest data will be automatically overwritten by the newest data (i.e. cyclic recording); and ii. store the entire season’s data in each 12 month period from 1 July to 30 June in the following year, which the consent holder shall then download and store in a commonly used format and provide to the Canterbury Regional Council upon request in a form and to a standard specified in writing by the Canterbury Regional Council; or iii. shall be connected to a telemetry system which collects and stores all of the data continuously with an independent network provider who will make that data available in a commonly used format at all times to the Canterbury Regional Council and the consent holder. No data in the recording device(s) shall be deliberately changed or deleted. c. The water meter and recording device(s) shall be accessible to the Canterbury Regional Council at all times for inspection and/or data retrieval. d. The water meter and recording device(s) shall be installed and maintained throughout the duration of the consent in accordance with the manufacturer’s instructions. e. All practicable measures shall be taken to ensure that the water meter and recording device(s) are fully functional at all times.

12 Within one month of the installation of the measuring or recording device(s), or any subsequent replacement measuring or recording device(s), and at five-yearly intervals thereafter, and at any time when requested by the Canterbury Regional Council, the consent holder shall provide a certificate to the Canterbury Regional Council, Attention: Regional Manager, RMA Monitoring and Compliance, signed by a suitably qualified person certifying, and demonstrating by means of a clear diagram, that: a. The measuring and recording device(s) has been installed in accordance with the manufacturer’s specifications; and b. Data from the recording device(s) can be readily accessed and/or retrieved in accordance with clauses (b) and (c) of condition (11).

13 The consent holder shall take all practicable steps to: a. Ensure that the volume of water used for irrigation does not exceed that required for the soil to reach field capacity; b. Avoid leakage from pipes and structures; and c. Avoid the use of water onto non-productive land such as impermeable surfaces and river or stream riparian strips.

Page 5 CRC152152

14 If the irrigation system is used to distribute diluted effluent, fertiliser or added contaminants the consent holder shall ensure: a. An effective backflow prevention device is installed and operated within the pump outlet plumbing or within the mainline to prevent the backflow of contaminants into the water source; b. The backflow prevention device is tested at the time of installation and annually thereafter by a suitably qualified or certified person in accordance with Canterbury Regional Council approved test methods for the device used; and c. The test report is provided to the Canterbury Regional Council Attention: Regional Manager, RMA Monitoring and Compliance, within two weeks of each inspection.

15 Fish Exclusion a. The consent holder shall ensure that water abstracted through proposed gallery intake BZ18/0010 is designed to prevent native and exotic fish species from entering the system; b. The fish exclusion device for proposed gallery BZ18/0010 shall be designed by a person with experience in freshwater ecology and fish screening techniques, and constructed in a manner that ensures the principals of the NIWA fish screening guidelines (Fish Screening: Good Practice Guidelines for Canterbury, NIWA Client Report 2007-092, October 2007. (Copy available on www.ecan.govt.nz)) are achieved; c. No water may be taken from proposed gallery BZ18/0010 until a report is provided to the Canterbury Regional Council, Attention: Regional Manager RMA Monitoring and Compliance. The report shall be prepared by the consent holder for certification and shall demonstrate compliance with the following: i. Design plan for the gallery specifying gallery dimensions; ii. Detail of depths and sizes of layers of gravel over the gallery; iii. Photographic evidence of key stages of construction of the gallery, including demonstrating compliance with gravel specifications in sub clause (c)(ii) above; iv. Any on-going maintenance required by the manufacturer is carried out in accordance with their specifications.” v. The intake structure shall be maintained in good working order. Records shall be kept of all inspections and maintenance. And those records shall be provided to the Canterbury Regional Council on request.

16 Prior to 01 September 2014, the consent holder shall prepare a Farm Environment Plan (FEP), in accordance with Appendix One, which forms part of this consent. On farm practice shall be in accordance with the FEP and the FEP shall be updated as necessary to reflect any changes in the farming operation over time. A copy of the FEP shall be provided to the Canterbury Regional Council, Attention: RMA Monitoring and Compliance Manager on request.

17 The Farm Environment Plan (FEP) referred to in Condition (17): a. shall be audited by a Farm Environment Plan Auditor to determine the compliance of the FEP with the provisions of Appendix One and on farm practice with the provisions of the FEP; b. audit shall be undertaken in accordance with Part C of Appendix One. A copy of the audit shall be provided to the Canterbury Regional Council, Attention: RMA Monitoring and Compliance Manager within two months of the audit being completed; and c. audit shall occur annually, except following three of consecutive audits graded as fully compliant, the audit frequency shall reduce to at least once every three years. However, if an audit is graded as non-compliant or the manager of the farm changes, then the audit frequency reverts to annual.

Page 6 CRC152152

18 The Canterbury Regional Council may, once per year, on any of the last five working days of May or November each year, serve notice of its intention to review the conditions of this consent for the purposes of: a. dealing with any adverse effect on the environment which may arise from the exercise of this consent; or b. amending the instantaneous rate of take and/or volume of take per return period to reflect any changes in shareholding in the Dam Company.

Issued at Christchurch on 14 October 2014

Canterbury Regional Council

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CRC152152 To take and use surface water 1. Water may only be taken from the Opuha River from proposed gallery BZ18/0010, 3.5 metres width, six metres below the natural riverbed level, and extending up to 100 metres from map reference Topo50 BZ18:3977-1112 in a north east direction, as shown on Plan CRC152152, which forms part of this consent. 2. The rate at which water is taken from the Opuha River from proposed gallery BZ18/0010 shall not exceed 66.5 litres per second, with a volume not exceeding 40,000 cubic metres in any seven consecutive day period, and 900,000 cubic metres between 01 July and the following 30 June. 3. The Canterbury Regional Council, Attention: Regional Manager, RMA Monitoring and Compliance, shall be informed immediately on first exercise of water being taken from proposed gallery BZ18/0010 by the consent holder. 4. Water taken from proposed gallery BZ18/0010 may only be used for the irrigation of crops and pasture, on the area of land labelled “Irrigation Area”, as shown on Plan CRC152152. 5. Except as provided for by condition (6) below, whenever the actual flow of the Opihi River at State Highway One Bridge (map reference NZMS 260 K38:718-591), as estimated by the Canterbury Regional Council, is at or below 15 cubic metres per second, the taking of water in terms of this permit shall cease. 6. Condition (5) of this consent shall not apply to the taking of water in terms of this permit provided that:

a. the lake level at the Opuha Dam is at or above 375 metres above Mean Sea Level in terms of the Lyttelton Datum (1937); and

b. the flow in the Opihi River at Saleyards Bridge (map reference NZMS 260 J38:618-603) during the relevant month is estimated by the Canterbury Regional Council is at or above the sum of the corresponding flow (in cubic metres per second) in the following table, plus the total rate at which water is currently authorised to be taken downstream of Saleyards Bridge that are at that time authorised to be taken pursuant to "AA", "BA" or "AN" permits (as defined in the Opihi River Regional Plan dated 28 September 2000):

Month Flows January 3.5 February 3.5 March 7.5 April 8.0 May 4.5 June 4.0 July 4.0 August 4.5 September 6.0 October 8.5 November 7.0 December 6.0

Or

c. the lake level at the Opuha Dam is between 370 metres and 375 metres above Mean Sea Level in terms of the Lyttelton Datum (1937); and d. the flow in the Opihi River at Saleyards Bridge (map reference NZMS 260 J38:618-603) during the relevant month is estimated by the Canterbury Regional Council is at or above the sum of the corresponding flow (in cubic metres per second) in the following table, and the rate of abstraction is no more than 51.2 litres per second, plus the total rate at which water is currently authorised to be taken downstream of Saleyards Bridge that are at that time authorised to be taken pursuant to "AA", "BA" or "AN" permits (as defined in the Opihi River Regional Plan dated 28 September 2000):

Month Flows January 3.35 February 3.35 March 5.35 April 5.6 May 3.85 June 3.6 July 3.6 August 3.85 September 4.6 October 5.85 November 5.1 December 4.6 7. The taking of water authorised under this permit shall cease for a period of up to 48 hours on notice from the Canterbury Regional Council, to allow measurement of the flow in the Opuha River.

8. The taking of water in terms of this permit shall only occur while the consent holder holds an entitlement to be supplied by the Dam Company (as defined in the Opihi River Regional Plan dated 28 September 2000) or its successor, with water equivalent to the maximums provided for in condition (1), and where the consent holder has provided the Canterbury Regional Council with details of the shares, agreement or other entitlement, and with a written undertaking that the water taken under the entitlement is to be used exclusively for irrigation of the land covered by this permit.

9. The consent holder shall notify the Canterbury Regional Council in writing within three working days if the consent holder ceases to hold, reduces the number of shares held in, or varies the entitlement to have water supplied by, the Dam Company, or proposes that the water taken under the entitlement is to be used wholly or in part for the irrigation of land other than the land covered by this permit.

10. The consent holder shall, before 01 September 2014, install an easily accessible straight pipe(s), with no fittings or obstructions that may create turbulent flow conditions, of a length at least 15 times the diameter of the pipe, as part of the pump outlet plumbing or within the mainline distribution system.

11. The consent holder shall before 01 September 2014:

a.

i. install a water meter(s) that has an international accreditation or equivalent New Zealand calibration endorsement, and has pulse output, suitable for use with an electronic recording device, which will measure the rate and the volume of water taken to within an accuracy of plus or minus five percent as part of the pump outlet plumbing, or within the mainline distribution system, at a location(s) that will ensure the total take of water is measured; and

ii. install a tamper-proof electronic recording device such as a data logger(s) that shall time stamp a pulse from the flow meter at least once every 15 minutes, and have the capacity to hold at least one season’s data of water taken as specified in clauses (b)(i) and (b)(ii), or which is telemetered, as specified in clause (b)(iii).

b. The recording device(s) shall:

i. be set to wrap the data from the measuring device(s) such that the oldest data will be automatically overwritten by the newest data (i.e. cyclic recording); and

ii. store the entire season’s data in each 12 month period from 1 July to 30 June in the following year, which the consent holder shall then download and store in a commonly used format and provide to the Canterbury Regional Council upon request in a form and to a standard specified in writing by the Canterbury Regional Council; or

iii. shall be connected to a telemetry system which collects and stores all of the data continuously with an independent network provider who will make that data available in a commonly used format at all times to the Canterbury Regional Council and the consent holder. No data in the recording device(s) shall be deliberately changed or deleted.

c. The water meter and recording device(s) shall be accessible to the Canterbury Regional Council at all times for inspection and/or data retrieval.

d. The water meter and recording device(s) shall be installed and maintained throughout the duration of the consent in accordance with the manufacturer’s instructions.

e. All practicable measures shall be taken to ensure that the water meter and recording device(s) are fully functional at all times.

12. Within one month of the installation of the measuring or recording device(s), or any subsequent replacement measuring or recording device(s), and at five-yearly intervals thereafter, and at any time when requested by the Canterbury Regional Council, the consent holder shall provide a certificate to the Canterbury Regional Council, Attention: Regional Manager, RMA Monitoring and Compliance, signed by a suitably qualified person certifying, and demonstrating by means of a clear diagram, that:

a. The measuring and recording device(s) has been installed in accordance with the manufacturer’s specifications; and

b. Data from the recording device(s) can be readily accessed and/or retrieved in accordance with clauses (b) and (c) of condition (11).

13. The consent holder shall take all practicable steps to:

a. Ensure that the volume of water used for irrigation does not exceed that required for the soil to reach field capacity; b. Avoid leakage from pipes and structures; and

c. Avoid the use of water onto non-productive land such as impermeable surfaces and river or stream riparian strips.

14. If the irrigation system is used to distribute diluted effluent, fertiliser or added contaminants the consent holder shall ensure:

a. An effective backflow prevention device is installed and operated within the pump outlet plumbing or within the mainline to prevent the backflow of contaminants into the water source;

b. The backflow prevention device is tested at the time of installation and annually thereafter by a suitably qualified or certified person in accordance with Canterbury Regional Council approved test methods for the device used; and

c. The test report is provided to the Canterbury Regional Council Attention: Regional Manager, RMA Monitoring and Compliance, within two weeks of each inspection.

15. Fish Exclusion

a. The consent holder shall ensure that water abstracted through proposed gallery intake BZ18/0010 is designed to prevent native and exotic fish species from entering the system;

b. The fish exclusion device for proposed gallery BZ18/0010 shall be designed by a person with experience in freshwater ecology and fish screening techniques, and constructed in a manner that ensures the principals of the NIWA fish screening guidelines (Fish Screening: Good Practice Guidelines for Canterbury, NIWA Client Report 2007-092, October 2007. (Copy available on www.ecan.govt.nz)) are achieved;

c. No water may be taken from proposed gallery BZ18/0010 until a report is provided to the Canterbury Regional Council, Attention: Regional Manager RMA Monitoring and Compliance. The report shall be prepared by the consent holder for certification and shall demonstrate compliance with the following:

i. Design plan for the gallery specifying gallery dimensions;

ii. Detail of depths and sizes of layers of gravel over the gallery;

iii. Photographic evidence of key stages of construction of the gallery, including demonstrating compliance with gravel specifications in sub clause (c)(ii) above;

iv. Any on-going maintenance required by the manufacturer is carried out in accordance with their specifications.”

v. The intake structure shall be maintained in good working order. Records shall be kept of all inspections and maintenance. And those records shall be provided to the Canterbury Regional Council on request. 16. Prior to 01 September 2014, the consent holder shall prepare a Farm Environment Plan (FEP), in accordance with Appendix One, which forms part of this consent. On farm practice shall be in accordance with the FEP and the FEP shall be updated as necessary to reflect any changes in the farming operation over time. A copy of the FEP shall be provided to the Canterbury Regional Council, Attention: RMA Monitoring and Compliance Manager on request. 17. The Farm Environment Plan (FEP) referred to in Condition (17):

a. shall be audited by a Farm Environment Plan Auditor to determine the compliance of the FEP with the provisions of Appendix One and on farm practice with the provisions of the FEP;

b. audit shall be undertaken in accordance with Part C of Appendix One. A copy of the audit shall be provided to the Canterbury Regional Council, Attention: RMA Monitoring and Compliance Manager within two months of the audit being completed; and

c. audit shall occur annually, except following three of consecutive audits graded as fully compliant, the audit frequency shall reduce to at least once every three years. However, if an audit is graded as non-compliant or the manager of the farm changes, then the audit frequency reverts to annual.

18. The Canterbury Regional Council may, once per year, on any of the last five working days of May or November each year, serve notice of its intention to review the conditions of this consent for the purposes of:

a. dealing with any adverse effect on the environment which may arise from the exercise of this consent; or

b. amending the instantaneous rate of take and/or volume of take per return period to reflect any changes in shareholding in the Dam Company.

CRC152167 To install a gallery in the bed of a river

General 1. The works shall be limited to:

a. The placement of a gallery BZ18/0010, and pipeline under the bed of the Opuha River;

b. The excavation, drilling, and disturbance of the bed of the Opuha River; and

c. Maintenance of the gallery and pipeline.

2. The works shall be carried out within the area labelled "Area of Works", at or about map reference Topo50 BZ18:3977-1112, as shown on Plan CRC152167A, which forms part of this consent. 3. The works may only be undertaken in accordance with the design as shown on Plan CRC152167B, which forms part of this consent and the filter or gravel pack material shall be clean, rounded and uniform. 4. The duration of any works shall not exceed a period of five consecutive days. 5. The Canterbury Regional Council, attention: Regional Manager RMA Monitoring and Compliance shall be notified: a. at least seven working days prior to the commencement of any set of works; and

b. within seven working days after the completion of any works authorised by this consent

6. Prior to commencing works, the consent holder shall provide a copy of this resource consent to all persons undertaking activities authorised by this consent, and explain to those persons how to comply with the consent conditions.

During Works 7. The excavation and disturbance of the bed and banks of the Opuha River associated with the installation of the gallery and pipeline shall not exceed:

a. a depth of five metres below the natural riverbed level;

b. a length of 100 metres; and

c. a width of 3.5 metres at the natural riverbed level.

8. The works shall not:

a. cause erosion of the banks and bed of the Opuha River;

b. deflect floodwaters into the berm or banks of the Opuha River;

c. prevent the passage of fish, or cause the stranding of fish in pools or channel;

d. result in any clearance, removal or damage of the flood protection vegetation, as mapped on the riverward side of the line shown on Plan CRC147168A, unless written authority is provided by the Canterbury Regional Council Regional Engineer, or his nominee; or

e. occur within flowing water.

9. All practicable measures shall be undertaken to prevent sediment from entering water including, but not limited to:

a. Sediment controls to be established prior to the onset of works and to remain in place until disturbed areas are stabilised; and

b. Stabilisation of disturbed areas as soon as practicable following works; and

c. Removal of spoil and other waste material from works site upon completion of works; and

d. Works and sediment controls will be undertaken in accordance with the Environment Canterbury Erosion and Sediment Control Guidelines 2007.

10. Prior to any works authorised by this consent being carried out in the period 1 September to 1 February, the consent holder shall ensure that:

a. a suitably qualified and independent person inspects the proposed area of works, no earlier than eight days prior to any works being carried out, and locates any bird breeding sites of birds listed in Appendix A, which forms part of this consent; and

b. the person carrying out the inspection prepares a written report that identifies all the located bird breeding or nesting sites and provides copies of that report to the consent holder and the Canterbury Regional Council, attention RMA Compliance and Enforcement Manager; and

c. the name and qualifications of the person carrying out the inspection are provided to the Canterbury Regional Council with the report; and

d. any person carrying out works authorised by this consent are informed of any bird breeding or nesting sites located; and

e. where work ceases for more than eight days, the site will be re-inspected for bird breeding and nesting sites in accordance with parts (a) to (d) of this condition.

11. All practicable measures shall be undertaken to prevent oil and fuel leaks from vehicles and machinery including but not limited to:

a. There shall be no storage of fuel or refuelling of vehicles and machinery within 20 metres of the bed of a river; and

b. Fuel shall be stored securely or removed from site overnight.

12. Vehicles and machinery:

a. shall not enter flowing water;

b. shall be free of plants and plant seeds prior to use in the riverved; and

c. shall not operate within 100 metres of birds which are nesting or rearing their young in the bed of the river, as identified by the inspection undertaken in accordance with Condition (10).

Advice Note : For the purposes of this condition, birds are defined as those bird species listed in Appendix A, which forms part of this consent.

13. To prevent the spread of pest species, including but not limited to Didymo, the consent holder shall ensure that activities authorised by this consent are undertaken in accordance with the Biosecurity New Zealand’s hygiene procedures and that machinery shall be free of plants and plant seeds prior to use in the riverbed.

Advice Note: You can access the most current version of these procedures from the Biosecurity New Zealand website http://www.biosecurity.govt.nz.

Tangata Whenua 14. In the event of any discovery of archaeological material:

a. the consent holder shall immediately:

i. Cease earthmoving operations in the affected area and mark off the affected area; and ii. Advise the Canterbury Regional Council of the disturbance; and

iii. Advise the New Zealand Historic Places Trust of the disturbance.

b. If the archaeological material is determined to be Koiwi Tangata (human bones) or taonga (treasured artefacts) by the New Zealand Historic Places Trust, the consent holder shall immediately advise the office of the appropriate runanga (office contact information can be obtained from the Canterbury Regional Council) of the discovery.

c. If the archaeological material is determined to be Koiwi Tangata (human bones) by the New Zealand Historic Places Trust, the consent holder shall immediately advise the New Zealand Police of the disturbance.

d. Work may recommence if the New Zealand Historic Places Trust (following consultation with runanga if the site is of Maori origin) provides a statement in writing to the Canterbury Regional Council, Attention: RMA Compliance and Enforcement Manager that appropriate action has been undertaken in relation to the archaeological material discovered. The Canterbury Regional Council shall advise the consent holder on written receipt from the New Zealand Historic Places Trust that work can recommence.

Advice Note: This may be in addition to any agreements that are in place between the consent holder and the Papatipu Runanga. (Cultural Site Accidental Discovery Protocol).

Advice Note: Under the Historic Places Act 1993 an archaeological site is defined as any place associated with pre-1900 human activity, where there is material evidence relating to the history of New Zealand. For sites solely of Maori origin, this evidence may be in the form of accumulations of shell, bone, charcoal, burnt stones, etc. In later sites, artefacts such as bottles or broken glass, ceramics, metals, etc, may be found or evidence of old foundations, wells, drains, tailings, races or other structures. Human remains/koiwi may date to any historic period.

It is unlawful for any person to destroy, damage, or modify the whole or any part of an archaeological site without the prior authority of the New Zealand Historic Places Trust. This is the case regardless of the legal status of the land on which the site is located, whether the activity is permitted under the District or Regional Plan or whether a resource or building consent has been granted. The Historic Places Act provides for substantial penalties for unauthorised damage or destruction.

Post Works 15. Following completion of the works:

a. All disturbed areas shall be stabilised and/or revegetated;

b. Any excavated areas shall be backfilled to the same level as the natural bed level; and

c. All spoil and other waste material from the works shall be removed from site.

16. Gallery BZ18/0010 shall be easily identifiable by a permanent label, which may be welded or engraved on the casing, or on the equivalent fixed part of the gallery construction or associated building. The numbering on the label shall be the gallery number assigned by Environment Canterbury and referred to in Condition (1). 17. The depth and location of the gallery shall be recorded to an accuracy of +/- 0.5m and marked with a post in the field. The GPS device used shall be provided so compliance can be satisfied the measurements are within the required accuracy. This information shall be provided to the Canterbury Regional Council Attn RMA Monitoring and Compliance and the Southern Area Engineer Bruce Scarlett.

18. The information requirements of the:

a. Bore Compliance Report CRC147168, shall be completed and returned to Environment Canterbury within 20 working days of the completion of construction of the gallery; and

b. Bore Installation Report, including the installer’s or driller’s GPS eight digit map reference (e.g. M35:1234-5678), shall be completed and returned to Environment Canterbury within 20 working days of the completion of construction of the gallery.

19. In the event of any damage to the gallery, the consent holder shall maintain the flood carrying capacity of the Opuha River and take all practicable measures to minimise erosion.

Advice Note: Flood Protection Vegetation : If any removal/damage of flood protection vegetation is required for future maintenance, additional consents and/or flood bylaw authority will likely be required. There shall be no removal or damage to flood protection trees without the required permissions.

Administration 20. The Canterbury Regional Council may, once per year, on any of the last five working days of May or November, serve notice of its intention to review the conditions of this consent for the purposes of dealing with any adverse effect on the environment which may arise from the exercise of this consent. 21. If this consent is not exercised before 30 September 2019, it will lapse in accordance with Section 125 of the Resource Management Act 1991. 22. Appendix A - list of bird species referred to in bird nesting conditions South Island Pied oystercatcher Black stilt Pied stilt Wrybill Banded dotterel Black-fronted dotterel Blue duck Paradise shelduck Grey duck NZ shoveler Grey teal NZ scaup Black-billed gull Red-billed gull Caspian tern White-fronted tern Black-fronted tern White-winged Black tern Australasian bittern Marsh crake Spotless crake Cormorant/shag colonies Royal spoonbill Crested grebe

Advice Note: Landowner Authorisation: In addition to this consent, the consent holder is required to obtain permission from the landowner(s) in order to secure access to and/or undertake works in the river bed unless the land is owned by the consent holder. If the land belongs to the Crown, or the identity of the land owner is unknown, please contact Land Information New Zealand Limited (LINZ). As of 01 July 2014, LINZ can be contacted on Freephone 0800 665 463