Consents and Regulatory Committee

Tuesday 23 July 2019 9.30am Regional Council, Stratford

Agenda for the meeting of the Consents and Regulatory Committee to be held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 23 July 2019 commencing at 9.30am.

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

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

Representative Mr H Eriwata (Iwi Representative) Members Mr K Holswich (Iwi Representative) Ms F Mulligan (Iwi Representative)

Opening Karakia

Apologies

Notification of Late Items

Item Page Subject Item 1 4 Confirmation of Minutes

Item 2 9 Resource consents issued under delegated authority and applications in progress

Item 3 28 Consent monitoring annual reports

Item 4 35 Prosecution Sentencing Decision

Item 5 52 Incident, Compliance, Monitoring Non-compliances and Enforcement Summary

Item 6 92 Public Excluded

Item 7 93 Prosecution

Item 8 138 Prosecution Whakataka te hau Karakia to open and close meetings Whakataka te hau ki te uru Cease the winds from the west Whakataka te hau ki tonga Cease the winds from the south Kia mākinakina ki uta Let the breeze blow over the land Kia mātaratara ki tai Let the breeze blow over the ocean Kia hī ake ana te atakura Let the red-tipped dawn come with a sharpened air He tio, he huka, he hauhu A touch of frost, a promise of glorious day Tūturu o whiti whakamaua kia tina. Let there be certainty Tina! Secure it! Hui ē! Tāiki ē! Draw together! Affirm!

Agenda Memorandum

Date 23 July 2019

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Confirmation of Minutes – 11 June 2019

Approved by: G K Bedford, Director-Environment Quality

B G Chamberlain, Chief Executive

Document: 2294837

Resolve That the Consents and Regulatory Committee of the Taranaki Regional Council: a) takes as read and confirms the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 11 June 2019 at 9.30am b) notes the recommendations therein were adopted by the Taranaki Regional Council on 2 July 2019.

Matters arising Appendices Document #2272370 – Minutes Consents and Regulatory Committee

Consents and Regulatory Committee - Confirmation of Minutes

Minutes of the Consents and Regulatory Committee Meeting of the Taranaki Regional Council, held in the Taranaki Regional Council Chambers, 47 Cloten Road, Stratford, on Tuesday 11 June 2019 at 9.30am.

Members Councillors M P Joyce (Committee Chairperson) M J Cloke M G Davey M J McDonald B K Raine D L Lean (ex officio)

Representative Messrs H Eriwata (Iwi Representative) Members K Holswich (Iwi Representative) Ms F Mulligan (Iwi Representative)

Attending Messrs A D McLay (Director-Resource Management) S Tamarapa (Iwi Communications Officer) B E Pope (Compliance Manager) C H McLellan (Consents Manager) Ms J Mack (Committee Administrator) Mrs H Gerrard (Science Manager) Mr R Phipps (Science Manager) Mr R Ritchie (Communications Manager)

Mr B Jansma (Nga Ruahine)

One member of the media (R Martin RadioNZ who recorded the meeting)

Opening Karakia Mr H Eriwata, Iwi Representative, gave the opening Karakia for the Consents and Regulatory Committee.

Apologies The apologies from Councillor D MacLeod (ex officio), C Littlewood and N Walker were received and sustained.

Notification of Update on Mana Whakahono a Rohe (iwi relationship Late Items agreements).

5 Consents and Regulatory Committee - Confirmation of Minutes

Confirmation of Minutes – 30 April 2019

Resolved THAT the Consents and Regulatory Committee of the Taranaki Regional Council

a) takes as read and confirms the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 30 April 2019 at 9.30am b) notes that the recommendations therein were adopted by the Taranaki Regional Council on 21 May 2019. Cloke/Davey

Matters Arising

There were no matters arising

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

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

2.2 A number of questions from iwi representatives were answered and it was agreed to follow up on some of these after the meeting.

Recommended THAT the Taranaki Regional Council a) receives the schedule of resource consents granted and other consent processing actions, made under delegated authority. Joyce/McDonald

3. Consent monitoring annual reports

3.1 Mr R Phipps, Science Manager, spoke to the memorandum advising the Committee of 4 tailored compliance monitoring reports that have been prepared since the last meeting of the Committee, and answered a number of questions arising.

Consents and Regulatory Committee Meeting Tuesday 11 June 2019

Doc# 2272370-v1

6 Consents and Regulatory Committee - Confirmation of Minutes

Recommended THAT the Taranaki Regional Council: a) receives the 19-03 Greymouth Petroleum Ltd Turangi-A Hydraulic Fracturing Monitoring Programme Annual Report 2017-2018 and adopts the specific recommendations therein; b) receives the 19-04 Petrochem Ltd Kowhai-D Hydraulic Fracturing Monitoring Programme Annual Report 2017-2018 and adopts the specific recommendations therein; c) receives the 19-05 Petrochem Ltd Kowhai-A Hydraulic Fracturing Monitoring Programme Annual Report 2017-2018 and adopts the specific recommendations therein; and d) receives the 19-06 Todd Energy Ltd Mangahewa-D Hydraulic Fracturing Monitoring Programme Annual Report 2016-2019 and adopts the specific recommendations therein. Raine/Holswich

4. Incident, Compliance Monitoring Non-compliances and Enforcement Summary – 6 April 2019 to 23 May 2019

4.1 Councillor M G Davey declared an interest in Item 4 (Incident, Compliance Monitoring Non-compliances and Enforcement Summary – 6 April 2019 to 23 May 2019) in relation to report 332119-206. Councillor M P Joyce declared an interest in Item 4 (Incident, Compliance Monitoring Non-compliances and Enforcement Summary – 6 April 2019 to 23 May 2019) in relation to report 332119-192.

4.2 The Committee received and noted the summary of the Council’s Incidents, Compliance Monitoring Non-compliances and Enforcement for the period 6 April 2019 to 23 May 2019.

4.3 Mr B Pope, Compliance Manager, provided an overview to the Committee on the reported incidents and answered questions concerning officer assessments of the incidents.

Recommended THAT the Taranaki Regional Council a) receives the memorandum b) receives the summary of the Incidents, Compliance Monitoring Non-compliances and Enforcement for the period from 6 April 2019 to 23 May 2019, notes the action taken by staff acting under delegated authority and adopts the recommendations therein. Holswich/McDonald

Consents and Regulatory Committee Meeting Tuesday 11 June 2019

7 Consents and Regulatory Committee - Confirmation of Minutes

5. Independent Analysis of Compliance Monitoring and Enforcement metrics for the regional sector

5.1 Mr A McLay, Director-Resource Management, presented a report following an independent analysis of the 2017/18 compliance monitoring and enforcement metrics for the regional sector.

Recommended THAT the Taranaki Regional Council a) receives the memorandum Independent Analysis of Compliance Monitoring and Enforcement metrics for the regional sector; b) notes the survey shows this Council’s compliance monitoring and enforcement regime is well established and resourced; c) notes the Council’s compliance monitoring and enforcement regime compares very well against that existing elsewhere in the country. McDonald/Raine

6. General Business/Late item

An update from Mr A McLay on Mana Whakahone a Rohe (iwi relationship agreements) negotiations was provided and it was noted the process was reaching a conclusion. The next meeting is scheduled for late June and it is important all iwi are present.

There being no further business, the Committee Chairperson Councillor M P Joyce, declared the Consents and Regulatory Committee meeting closed at 10.30 am.

Confirmed

Chairperson ______M P Joyce

Date 23 July 2019

Consents and Regulatory Committee Meeting Tuesday 11 June 2019

8 Agenda Memorandum

Date 23 July 2019

Memorandum to Chairperson and Members Consents and Regulatory Committee

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

Approved by: A D McLay, Director – Resource Management

B G Chamberlain, Chief Executive

Document: 2293660

Purpose 1. The purpose of this memorandum is to advise the Committee of consents granted, consents under application and of consent processing actions since the last meeting. This information is summarised in figures at the end of this report.

Executive summary 2. Memorandum to advise the Committee of recent consenting actions made under regional plans and the Resource Management Act, in accordance with Council procedures and delegations.

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

Background 3. The following resource consent applications have been investigated by officers of the Taranaki Regional Council. They are activities with less than minor adverse effects on the environment or minor effects and affected parties have agreed to the activity. In accordance with sections 104 to 108 and section 139 of the Resource Management Act 1991, and pursuant to delegated authority to make decisions on consent applications, the Chief Executive or the Director—Resource Management has granted the consents/certificates of compliance.

Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

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

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

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

Discussion 7. Part 6 (Planning, decision-making and accountability) of the Local Government Act 2002 has been considered and documented in the preparation of this agenda item. The recommendations made in this item comply with the decision-making obligations of the Act.

Decision-making considerations 8. Part 6 (Planning, decision-making and accountability) of the Local Government Act 2002 has been considered and documented in the preparation of this agenda item. The recommendations made in this item comply with the decision-making obligations of the Act.

10 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Financial considerations—LTP/Annual Plan 9. This memorandum and the associated recommendations are consistent with the Council’s adopted Long-Term Plan and estimates. Any financial information included in this memorandum has been prepared in accordance with generally accepted accounting practice.

Policy considerations 10. This memorandum and the associated recommendations are consistent with the policy documents and positions adopted by this Council under various legislative frameworks including, but not restricted to, the Local Government Act 2002, the Resource Management Act 1991 and the Local Government Official Information and Meetings Act 1987.

Iwi considerations 11. This memorandum and the associated recommendations are consistent with the Council’s policy for the development of Māori capacity to contribute to decision- making processes (schedule 10 of the Local Government Act 2002) as outlined in the adopted long-term plan and/or annual plan. Similarly, iwi involvement in adopted work programmes has been recognised in the preparation of this memorandum.

Legal considerations 12. This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments 13. List of non-notified consents (document #2293496) List of limited-notified consents (document #2293576) Schedule of non-notified consents (document #2293625) Schedule of limited-notified consents (document #2293649) Consents processing charts for Agenda (document #2293422)

11 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

Coastal Permit Consent Holder Subtype Primary Industry Secondary Industry Primary Purpose Activity Purpose R2/10548-1.1 District Council Structure - Protection (Coastal) Local Government Recreational Erosion Protection New

Discharge Permit Consent Holder Subtype Primary Industry Purpose Secondary Purpose Activity Purpose R2/0704-4.0 Ernest & Thelma Hodges Water - Animal Waste Agriculture Farming - Dairy Effluent Disposal Replace R2/1113-5.1 Civil Quarries Limited Water - Stormwater Mining extraction (excl hydrocarbon) Quarry Change R2/1315-2.0 Todd Energy Limited Land - DWI Energy Wellsite Exploration & Production Replace R2/1537-4.0 John & Susan Doyle Land - animal waste Agriculture Farming - Dairy Effluent Disposal Replace R2/2247-3.1 CPX Limited Land - animal waste Agriculture Farming - Dairy Effluent Disposal Change R2/2517-3.0 Topless Brothers Partnership Land - animal waste Agriculture Farming - Dairy Effluent Disposal Replace R2/3492-3.0 Mossy Road Limited Land/Water - Animal Waste Agriculture Farming - Dairy Effluent Disposal Replace R2/3797-3.0 Chiddingstone Trust No 2 Water - Animal Waste Agriculture Farming - Dairy Effluent Disposal Replace R2/3858-3.0 Kevin Riley Land - animal waste Agriculture Farming - Dairy Effluent Disposal Replace R2/4535-3.0 Oliver Woods Farm Trust Water - Animal Waste Agriculture Farming - Dairy Effluent Disposal Replace R2/5347-1.3 Council Land - solid waste Local Government Waste Management Landfill Extension of Lapse R2/5348-1.4 New Plymouth District Council Air - Industry Local Government Waste Management Landfill Extension of Lapse R2/5349-1.4 New Plymouth District Council Land/Water Industry Local Government Waste Management Landfill Extension of Lapse R2/9680-1.1 A & A George Family Trust Land - solid waste Waste Management Cleanfill Change R2/10732-1.0 Todd Petroleum Mining Company Limited Air - Industry Energy Wellsite Exploration & Production New R2/10733-1.0 Todd Petroleum Mining Company Limited Air - Industry Energy Wellsite Exploration & Production New R2/10734-1.0 Todd Petroleum Mining Company Limited Land/Water Industry Energy Wellsite Exploration & Production New R2/10736-1.0 Todd Petroleum Mining Company Limited Land - Hydraulic Fracturing Energy Wellsite Exploration & Production New R2/10750-1.0 Endurance Holdings Limited Water - Stormwater Property Development Commercial Development New Land Use Consent Consent Holder Subtype Primary Industry Purpose Secondary Purpose Activity Purpose R2/1874-3.0 Dairy Developments Limited/Wairau Nurseries Dam/Weir Recreational Environment Protection Replace R2/5350-1.3 New Plymouth District Council Dam/Weir Local Government Waste Management Landfill Extension of Lapse R2/5351-1.3 New Plymouth District Council Structure - Other Local Government Waste Management Landfill Extension of Lapse R2/5888-2.0 Barry John & Lynette Betty Bishop Reclamation Waste Management Cleanfill Replace R2/6617-2.0 Blue Rata Investments Limited Structure - Culvert Agriculture Farming - Dairy Land - Improvement Replace R2/6701-2.0 Kent Helms Family Trust Structure - Culvert Dairy Farm Farming - Dairy Access Replace R2/10209-1.1 TPJ Partnership Pipe Waterway Agriculture Farming - Dairy Land - Improvement Change R2/10549-1.1 New Plymouth District Council Structure - Erosion Control Local Government Recreational Erosion Protection New R2/10748-1.0 A & A George Family Trust Pipe Waterway Property Development Land - Improvement New R2/10749-1.0 Fresh Milk Limited Realign Waterway Agriculture Farming - Dairy Land - Improvement New R2/10752-1.0 Thompson Company Farms (2008) Limited Structure - Bridge Agriculture Farming - Dairy Access New Water Permit Consent Holder Subtype Primary Industry Purpose Secondary Purpose Activity Purpose R2/10247-1.1 Civil Quarries Limited Take Groundwater Mining extraction (excl hydrocarbon) Quarry Change R2/10735-1.0 Todd Petroleum Mining Company Limited Take produced water Energy Wellsite Exploration & Production New R2/10746-1.0 Hernly Farm Limited Take Groundwater Agriculture Farming - Poultry Stock Water New

#2293496

12 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Limited Notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

Discharge Permit Consent Holder Subtype Primary Industry Secondary Industry Primary Purpose Activity Purpose

R2/10585-1.0 Smudgy Developments Land - solid waste Waste Management Cleanfill New

#2293576

13 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

R2/0704-4.0 Commencement Date: 21 Jun 2019 Ernest & Thelma Hodges Expiry Date: 01 Dec 2044 81 Ackworth Road, RD 3, New Plymouth 4373 Review Dates: June 2026, June 2032, June 2038 Activity Class: Controlled

Location: 192 Cross Road, New Plymouth Application Purpose: Replace To discharge farm dairy effluent onto land, and until 1 December 2021 after treatment in an oxidation pond system, into an unnamed tributary of the Mangaonaia Stream

R2/1113-5.1 Commencement Date: 11 Jun 2019 Civil Quarries Limited Expiry Date: 01 Jun 2033 PO Box 108, Inglewood 4347 Review Dates: June 2020, June 2021, June 2022, June 2023, June 2024, June 2026, June 2028, June 2030, June 2032 Activity Class: Discretionary

Location: Everett Road, Inglewood Application Purpose: Change To discharge treated stormwater and treated groundwater from quarry activities into an unnamed tributary of the Kurapete Stream

Change of consent conditions to allow for quarry expansion and increased discharge

R2/1315-2.0 Commencement Date: 31 May 2019 Todd Energy Limited Expiry Date: 01 Jun 2033 PO Box 802, New Plymouth 4340 Review Dates: June 2020, June 2021, June 2022, June 2023, June 2024, June 2025, June 2026, June 2027, June 2028, June 2029, June 2030, June 2031, June 2032 Activity Class: Discretionary

Location: Tuhua-B wellsite, Foreman Road, Application Purpose: Replace To discharge fluid waste generated by oil and gas exploration and production activities into the Mount Messenger and McKee Formations by deep well injection at the Tuhua-B wellsite

14 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

R2/1537-4.0 Commencement Date: 21 Jun 2019 John & Susan Doyle Expiry Date: 01 Dec 2043 216 Coast Road, RD 37, Okato 4381 Review Dates: June 2025, June 2031, June 2037 Activity Class: Controlled

Location: 216 Coast Road, Pungarehu Application Purpose: Replace To discharge farm dairy effluent onto land

R2/1874-3.0 Commencement Date: 19 Jun 2019 Dairy Developments Limited/Wairau Expiry Date: 01 Jun 2037 Nurseries PO Box 58, Oakura 4345 Review Dates: June 2025, June 2031 Activity Class: Discretionary

Location: 1284 South Road, Kaitake Application Purpose: Replace To use an existing dam and to dam water in an unnamed tributary of the Wairau Stream

R2/2247-3.1 Commencement Date: 04 Jun 2019 CPX Limited Expiry Date: 01 Dec 2042 106 Crosby Road, Chartwell, Hamilton 3210 Review Dates: Activity Class: Discretionary

Location: 1357 Oeo Road, Awatuna Application Purpose: Change To discharge farm dairy effluent onto land

Change of conditions to increase the herd size

R2/2517-3.0 Commencement Date: 05 Jun 2019 Topless Brothers Partnership Expiry Date: 01 Dec 2045 C/- John Topless, 121 Turangi Road, RD 43, Review Dates: June 2027, June 2033, June Waitara 4383 2039 Activity Class: Controlled

Location: 790 & 828 Main North Road, Application Purpose: Replace To discharge farm dairy effluent onto land

Doc# 2293625-v1

15 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

R2/3492-3.0 Commencement Date: 20 Jun 2019 Mossy Road Limited Expiry Date: 01 Dec 2027 144 Denbigh Road, RD 24, Stratford 4394 Review Dates: June 2021, June 2023, June 2025, June 2027 Activity Class: Controlled

Location: 413 Denbigh Road, Midhirst Application Purpose: Replace To discharge farm dairy effluent onto land and after treatment in an oxidation pond system into an unnamed tributary of Rum Keg Creek if the land disposal area is unsuitable for effluent disposal

R2/3797-3.0 Commencement Date: 27 Jun 2019 Chiddingstone Trust No 2 Expiry Date: 01 Dec 2047 WR & GM Gribble, 205 Lower Stuart Road, RD Review Dates: June 2029, June 2035, June 13, Hawera 4673 2041 Activity Class: Controlled

Location: 205 Lower Stuart Road, Hawera Application Purpose: Replace To discharge farm dairy effluent onto land, and until 1 December 2021 after treatment in an oxidation pond system and constructed drain, into the Waingongoro River

R2/3858-3.0 Commencement Date: 17 Jun 2019 Kevin Riley Expiry Date: 01 Dec 2045 630 Tarata Road, RD 7, Inglewood 4387 Review Dates: June 2027, June 2033, June 2039 Activity Class: Controlled

Location: 630 Tarata Road, Application Purpose: Replace To discharge farm dairy effluent onto land

R2/4535-3.0 Commencement Date: 08 Jul 2019 Oliver Woods Farm Trust Expiry Date: 01 Dec 2045 RG & JE Soffe, 353 Croydon Road, RD 24, Review Dates: June 2027, June 2033, June Stratford 4394 2039 Activity Class: Controlled

Location: 353 Croydon Road, Midhirst Application Purpose: Replace To discharge farm dairy effluent onto land, and until 1 December 2021 after treatment in an oxidation pond system and constructed drain, into the Manganui River

16 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

R2/5347-1.3 Commencement Date: 02 Jul 2019 New Plymouth District Council Expiry Date: 01 Jun 2034 Private Bag 2025, New Plymouth 4342 Review Dates: June 2023, June 2029 Activity Class: Discretionary

Location: Central Landfill, Rotokare Road, Application Purpose: Extension of Lapse Eltham To discharge contaminants onto and into land at the Council Central Landfill, Eltham

R2/5348-1.4 Commencement Date: 02 Jul 2019 New Plymouth District Council Expiry Date: 01 Jun 2034 Private Bag 2025, New Plymouth 4342 Review Dates: June 2023, June 2029 Activity Class: Discretionary

Location: Central Landfill, Rotokare Road, Application Purpose: Extension of Lapse Eltham To discharge emissions into the air from landfilling activities at the South Taranaki District Council Central Landfill, Eltham

R2/5349-1.4 Commencement Date: 02 Jul 2019 New Plymouth District Council Expiry Date: 01 Jun 2034 Private Bag 2025, New Plymouth 4342 Review Dates: June 2023, June 2029 Activity Class: Discretionary

Location: Central Landfill, Rotokare Road, Application Purpose: Extension of Lapse Eltham To discharge up to 15,000 cubic metres/day of uncontaminated stormwater and 4,000 cubic metres/day of treated stormwater from the South Taranaki District Council Central Landfill, Eltham, onto and into land and into an unnamed tributary of the Waingongoro River

R2/5350-1.3 Commencement Date: 02 Jul 2019 New Plymouth District Council Expiry Date: 01 Jun 2034 Private Bag 2025, New Plymouth 4342 Review Dates: June 2023, June 2029 Activity Class: Discretionary

Location: Central Landfill, Rotokare Road, Application Purpose: Extension of Lapse Eltham To dam and divert water around the South Taranaki District Council Central Landfill, Eltham, in the headwaters of an unnamed tributary of the Waingongoro River

17 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

R2/5351-1.3 Commencement Date: 02 Jul 2019 New Plymouth District Council Expiry Date: 01 Jun 2034 Private Bag 2025, New Plymouth 4342 Review Dates: June 2023, June 2029 Activity Class: Discretionary

Location: Central Landfill, Rotokare Road, Application Purpose: Extension of Lapse Eltham To erect, place and maintain structures in the beds of unnamed tributaries of the Waingongoro River for the construction and maintenance of the South Taranaki District Council Central Landfill, Eltham

R2/5888-2.0 Commencement Date: 14 Jun 2019 Barry John & Lynette Betty Bishop Expiry Date: 01 Jun 2037 120 Ahu Ahu Road, RD 4, New Plymouth 4374 Review Dates: June 2025, June 2031 Activity Class: Discretionary

Location: 123 Ahu Ahu Road, Kaitake Application Purpose: Replace To reclaim a stream by the ongoing use of existing piping in the headwaters of an unnamed tributary of the Waimoku Stream for cleanfilling activities

R2/6617-2.0 Commencement Date: 14 Jun 2019 Blue Rata Investments Limited Expiry Date: 01 Jun 2037 C/- Farm Venture Consultancy Limited, PO Review Dates: June 2025, June 2031 Box 762, New Plymouth 4340 Activity Class: Discretionary

Location: 3009 Carrington Road, Okato Application Purpose: Replace To use an existing culvert in an unnamed tributary of the Mangatete Stream and to reclaim a stream by the ongoing use of existing piping in two unnamed tributaries of the Mangatete Stream

R2/6701-2.0 Commencement Date: 14 Jun 2019 Kent Helms Family Trust Expiry Date: 01 Jun 2037 129 Mid Kahui Road, RD 34, Rahotu 4684 Review Dates: June 2025, June 2031 Activity Class: Discretionary

Location: 202 Mid Kahui Road, Rahotu Application Purpose: Replace To use a crossing constructed from three box culverts in the Pungaereere Stream for farm access purposes

18 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

R2/9680-1.1 Commencement Date: 19 Jun 2019 A & A George Family Trust Expiry Date: 01 Jun 2027 C/- Aaron George, PO Box 35, Inglewood 4347 Review Dates: June 2021 Activity Class: Discretionary

Location: 31 Lower Dudley Road, Inglewood Application Purpose: Change To discharge cleanfill onto and into land, where contaminants may enter an unnamed tributary of the Kurapete Stream

Change of consent conditions to extend the area of the cleanfill site

R2/10209-1.1 Commencement Date: 12 Jun 2019 TPJ Partnership Expiry Date: 01 Jun 2035 136 Rainie Road, RD 11, Hawera 4671 Review Dates: Activity Class: Discretionary

Location: 30 Rainie Road, Okaiawa Application Purpose: Change To install piping in unnamed tributaries of the Inaha Stream, including associated stream bed disturbance and reclamation

Change of consent conditions to extend the due date of riparian planting

R2/10247-1.1 Commencement Date: 11 Jun 2019 Civil Quarries Limited Expiry Date: 01 Jun 2033 PO Box 108, Inglewood 4347 Review Dates: June 2020, June 2021, June 2022, June 2023, June 2024, June 2026, June 2028, June 2030, June 2032 Activity Class: Discretionary

Location: Everett Road, Inglewood Application Purpose: Change To take groundwater incidental to quarry operations and for aggregate washing purposes

Change of consent conditions to allow for quarry expansion and increased taking

19 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

R2/10548-1.1 Commencement Date: 05 Jun 2019 New Plymouth District Council Expiry Date: 01 Jun 2033 Private Bag 2025, New Plymouth 4342 Review Dates: June 2021, June 2027 Activity Class: Non-complying

Location: Epiha Street, Application Purpose: New To install a concrete wall structure on the true left bank of the Urenui River within the Coastal Marine Area for erosion control purposes

R2/10549-1.1 Commencement Date: 05 Jun 2019 New Plymouth District Council Expiry Date: 01 Jun 2033 Private Bag 2025, New Plymouth 4342 Review Dates: June 2021, June 2027 Activity Class: Discretionary

Location: Epiha Street, Urenui Application Purpose: New To install a concrete wall structure on the true left bank of the Urenui River for erosion control purposes

R2/10732-1.0 Commencement Date: 04 Jul 2019 Todd Petroleum Mining Company Limited Expiry Date: 01 Jun 2035 PO Box 802, New Plymouth 4340 Review Dates: June 2023, June 2029 Activity Class: Controlled

Location: Kapuni-J wellsite, 632 Palmer Road, Application Purpose: New Kaponga To discharge contaminants to air from hydrocarbon exploration at the Kapuni-J wellsite, including combustion involving flaring or incineration of petroleum recovered from natural deposits, in association with well development or redevelopment and testing or enhancement of well production flows

R2/10733-1.0 Commencement Date: 04 Jul 2019 Todd Petroleum Mining Company Limited Expiry Date: 01 Jun 2035 PO Box 802, New Plymouth 4340 Review Dates: June 2023, June 2029 Activity Class: Restricted discretionary

Location: Kapuni-J wellsite, 632 Palmer Road, Application Purpose: New Kaponga To discharge emissions to air resulting from hydrocarbon producing activities at the Kapuni-J wellsite

20 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

R2/10734-1.0 Commencement Date: 04 Jul 2019 Todd Petroleum Mining Company Limited Expiry Date: 01 Jun 2035 PO Box 802, New Plymouth 4340 Review Dates: June 2023, June 2029 Activity Class: Discretionary

Location: Kapuni-J wellsite, 632 Palmer Road, Application Purpose: New Kaponga To discharge treated stormwater from hydrocarbon exploration and production operations at the Kapuni-J wellsite onto land and into an unnamed tributary of the Inaha Stream

R2/10735-1.0 Commencement Date: 04 Jul 2019 Todd Petroleum Mining Company Limited Expiry Date: 01 Jun 2035 PO Box 802, New Plymouth 4340 Review Dates: June 2023, June 2029 Activity Class: Discretionary

Location: Kapuni-J wellsite, 632 Palmer Road, Application Purpose: New Kaponga To take groundwater, including the incidental take of heat and energy, that may be encountered as produced water during hydrocarbon exploration and production activities at the Kapuni-J wellsite

R2/10736-1.0 Commencement Date: 04 Jul 2019 Todd Petroleum Mining Company Limited Expiry Date: 01 Jun 2035 PO Box 802, New Plymouth 4340 Review Dates: June 2020, June 2021, June 2022, June 2023, June 2024, June 2025, June 2026, June 2027, June 2028, June 2029, June 2030, June 2031, June 2032, June 2033, June 2034 Activity Class: Discretionary

Location: Kapuni-J wellsite, 632 Palmer Road, Application Purpose: New Kaponga To discharge water-based hydraulic fracturing fluids into land at depths greater than 3,000 mTVDss beneath the Kapuni-J wellsite

R2/10746-1.0 Commencement Date: 05 Jun 2019 Hernly Farm Limited Expiry Date: 01 Jun 2033 C/- W Thony, 655D State Highway 2, RD 4, Review Dates: June 2021, June 2027 Whakatane 3194 Activity Class: Discretionary

Location: 242 Lower Durham Road, Norfolk Application Purpose: New To take and use groundwater from a bore for farm and domestic water supply purposes 21 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

Non-notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

R2/10748-1.0 Commencement Date: 19 Jun 2019 A & A George Family Trust Expiry Date: 01 Jun 2033 C/- Aaron George, PO Box 35, Inglewood 4347 Review Dates: June 2021, June 2027 Activity Class: Discretionary

Location: 31 Lower Dudley Road, Inglewood Application Purpose: New To install piping in a section of an unnamed tributary of the Kurapete Stream, including associated stream bed disturbance and reclamation

R2/10749-1.0 Commencement Date: 03 Jul 2019 Fresh Milk New Zealand Limited Expiry Date: 01 Jun 2036 2654 Skeet Road, RD 28, Hawera 4678 Review Dates: June 2024, June 2030 Activity Class: Discretionary

Location: 2652 Skeet Road, Auroa Application Purpose: New To retrospectively consent a realignment of an unnamed tributary of the Oeo Stream

R2/10750-1.0 Commencement Date: 05 Jun 2019 Endurance Holdings Limited Expiry Date: 01 Jun 2021 PO Box 9042, Bell Block, New Plymouth 4351 Review Dates: Activity Class: Controlled

Location: Connett Road, Bell Block Application Purpose: New To discharge stormwater and sediment arising from earthworks into the Mangati Stream

R2/10752-1.0 Commencement Date: 08 Jul 2019 Thompson Company Farms (2008) Limited Expiry Date: 01 Jun 2034 75 Barclay Road, RD 21, Stratford 4391 Review Dates: June 2022, June 2028 Activity Class: Discretionary

Location: 75 Barclay Road, Cardiff Application Purpose: New To erect and use a bridge over the Patea River

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

Limited Notified authorisations issued by the Taranaki Regional Council between 31 May 2019 and 11 Jul 2019

R2/10585-1.0 Commencement Date: 13 Jun 2019 Smudgy Developments Expiry Date: 01 Jun 2032 PO Box 1095, New Plymouth 4340 Review Dates: June 2020, June 2022, June 2024, June 2026, June 2028, June 2030 Activity Class: Discretionary

Location: 361 Tukapa Street, Application Purpose: New To discharge cleanfill onto and into land

Doc# 2293649-v1 23 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

1) Applications in progress

2) Month Ending

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

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

2018/2019 144 53 124 44 127 43 143 43 142 45 91 58 94 61 98 73 107 70 105 69 105 67 129 92

2017/2018 209 149 218 151 210 145 210 136 189 144 253 146 249 144 248 149 174 79 170 76 176 77 164 68

2016/2017 175 125 175 118 161 113 169 117 179 129 204 143 200 138 226 160 210 159 204 149 211 150 208 147

R = Renewals

3) Potential Hearings

Notification Applicant Description Status Date Issued date Nil

Doc# 2293422-v1 24 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

4) Consents Issued (running totals)

July Aug Sept Oct Nov Dec Jan Feb Mar April May June 2018-2019 32 55 66 84 109 186 195 211 225 242 265 286

2017-2018 15 38 72 116 160 176 195 217 236 253 279 308

2016-2017 18 36 57 76 104 122 138 161 193 216 235 263

5) Breakdown of consents issued

New Renewal Change Review Totals

2016-2017 Total 112 93 58 0 263

2017-2018 Total 134 106 61 7 308

2018-2019 Total 148 93 45 0 286

6) Types of consents issued - year to date comparison

Total publically Total Limited Total Non-

Local Authority Dairy Farm Poultry Farm & Gas Oil Other notified Local Authority Dairy Farm Poultry Farm & Gas Oil Other Notified Local Authority Dairy Farm Poultry Farm & Gas Oil Other notified Grand Total Publically Notified % Limited % Non Notified % July 2016 to June 2017 0 0 0 0 0 0.0% 0 0 0 0 2 7 3.4% 9 19 102 4 44 85 96.6% 254 263 July 2017 to June 2018 1 0 0 0 5 1.9% 6 2 1 0 0 0 1.0% 3 29 103 6 71 90 97.1% 299 308 July 2018 to June 2019 0 0 0 0 57 19.9% 57 1 5 1 0 2 3.1% 9 28 87 7 31 67 76.9% 220 286

7) Non notified number of parties consulted and written approval provided

Consultation/ Number of Involved Affected Party (number of Approvals parties) (written) Totals District Councils 3 4 7 DOC 7 1 8 Environmental/Recreational Groups 2 0 2 Fish & Game 4 1 5 Individuals/Neighbours/Landowners 19 19 38 Network Utilities 0 0 0 Non Govt Organisations 0 0 0 Other Govt Departments 8 0 8 Iwi/hapu 212 4 216 Totals - 2018-2019 255 29 284

25 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

8) Application processing time extensions used 2017-2018 versus 2018-2019

9) Consent type process

Last 10 year July 2017 July 2018 average 2009 - to June to June 2018 2018 2019 Total consents granted 386 308 286 Publically Notified 4 6 57 Limited-notified 12 3 9 Non-notified 371 299 220 Applications submitted on (in 9 8 65 opposition and to be heard) 7 8 8 Application Pre-hearing resolution (%) 78% 100% 12% Hearings (no. of applications) 1 (2) 0 (0) 1 (57) Appeals (no. of applications) 1 (1) 0 (0) 3 (57)

Total current consents 4579 4837 4784

26 Consents and Regulatory Committee - Resource consents issued under delegated authority and applications in progress

10) Deemed Permitted Activities Issued

Nil

11) Applications returned incomplete under Section 88

For the 2018-2019 year to date, 13 applications have been returned incomplete under S88 of the RMA for insufficient information. Of those 13, 12 applications have since been returned by the applicant and accepted by Council.

27

Agenda Memorandum

Date 23 July 2019

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Consent monitoring annual reports

Approved by: G K Bedford, Director-Environment Quality

BG Chamberlain, Chief Executive

Document: 2290409

Purpose 1. The purpose of this memorandum is to advise the Committee of three tailored compliance monitoring reports that have been prepared since the last Committee meeting.

Executive summary 2. The Council considers the regular reporting of comprehensive and well-considered compliance monitoring is vital to undergird-

 community standing and reputation enhancement for companies that consistently attain good or high levels of environmental performance. Informed feedback is appropriate and valuable, and assists a proactive alignment of industry’s interests with community and Resource Management Act 1991 expectations. Reporting describes the effective value of investment in environmental systems;

 a respectful and responsible regard for the Taranaki region’s environment and our management of its natural resources. Reporting allows evaluation and demonstration of the overall rate of compliance by sector and by consent holders as a whole, and of trends in the improvement of our environment; and

 the Council’s accountability and transparency. Reporting gives validity to investment in monitoring and to assessments of effective intervention.

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

4. There are three tailored compliance monitoring reports presented at this July meeting. Within the reports two high and one good environmental gradings were assigned (Table 2).

Consents and Regulatory Committee - Consent monitoring annual reports

5. For reference, in the 2018-2019 year, consent holders were found to achieve a high level of environmental performance and compliance for 83% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 13% of the consents, a good level of environmental performance and compliance was achieved.

6. In 2018 the Ministry for the Environment published Best Practice Guidelines for Compliance, Monitoring and Enforcement under the Resource Management Act 1991. These guidelines include the following recommendation: “It is good practice for councils to provide regular (e.g., annual) reports to the public on Compliance Monitoring and Enforcement (CME) activities. Council public reporting on CME gives assurance to the public that rules/policies are being enforced, and educates the public on how the council responds to non-compliance.” (MfE, 2018).

7. Recommendations pertaining to each site or programme are set out in the relevant report. The attention of Committee members is directed to the Executive Summary at the front of each report.

8. For the past year, memoranda presenting the compliance annual reports have included a section outlining the stakeholder and iwi engagement within the consenting assessment process for the existing consents covered by the reports. With the completion of a full annual reporting cycle, this material on existing consents will no longer be included, as the Committee have now been fully appraised of this historical information and its inclusion would simply be repetitive. Information on iwi and stakeholder engagement in new consents will be presented separately to the Committee, within the agenda report on consenting activity.

Table 1 Historical environmental and compliance performance ratings Year High Good

2012-2013 59% 35%

2013-2014 60% 29%

2014-2015 75% 22%

2015-2016 71% 24%

2016-2017 74% 21%

2017-2018 76% 20%

2018-2019 83% 13%

Table 2 List of annual reports with overall environmental performance rating Overall Report Name environmental performance 19-07 Waiinu Beach Settlement Monitoring Programme Annual Report 2018-2019 High 19-08 Wai-iti Beach Retreat Monitoring Programme Annual Report 2018-2019 High 19-09 Urenui and Onareo Beach Camps Monitoring Programme Annual Report 2018-2019 Good

29 Consents and Regulatory Committee - Consent monitoring annual reports

35 32

30

25

20 16 15 15 12 10 9 10

4 5 3

0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

2018-2019 reporting year 2017-2018 reporting year

Figure 1 Annual Report comparison between 2017-2018 and 2018-2019 reporting years

Recommendations That the Taranaki Regional Council: a) receives the 19-07 Waiinu Beach Settlement Monitoring Programme Annual Report 2018-2019 and adopts the specific recommendations therein; b) receives the 19-08 Wai-iti Beach Retreat Monitoring Programme Annual Report 2018- 2019 and adopts the specific recommendations therein; c) receives the 19-09 Urenui and Beach Camps Monitoring Programme Annual Report 2018-2019 and adopts the specific recommendations therein.

19-07 Waiinu Beach Settlement Monitoring Programme Annual Report 2018-2019 9. The South Taranaki District Council (STDC) operates a wastewater treatment system located at the Waiinu Beach Settlement, in the Waitotara catchment. This report for the period July 2018 to June 2019 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess STDC’s environmental and consent compliance performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of STDC’s activities.

10. STDC holds one resource consent, which includes a total of 16 conditions setting out the requirements that STDC must satisfy. This resource consent was renewed early, on 1 December 2017, as STDC is in the process of upgrading the wastewater treatment system. The upgraded system is expected to be installed and commissioned before January 2020. The consent allows them to discharge treated domestic wastewater from the Waiinu Beach Wastewater Treatment Plant to land.

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

30 Consents and Regulatory Committee - Consent monitoring annual reports

12. The Council’s monitoring programme for the year under review included three site inspections, with associated bacteriological sampling of seawater.

13. The monitoring showed that the wastewater treatment system was well maintained. As in previous years, the monitoring indicated that the discharges from the wastewater treatment system had no adverse effects on coastal water quality. There were no Unauthorised Incidents recording non-compliance in respect of this consent holder during the period under review.

14. During the year, STDC demonstrated a high level of environmental and administrative performance with the resource consent.

15. For reference, in the 2018-2019 year, consent holders were found to achieve a high level of environmental performance and compliance for 83% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 13% of the consents, a good level of environmental performance and compliance was achieved.

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

17. This report includes recommendations for the 2019-2020 year.

19-08 Wai-iti Beach Retreat Monitoring Programme Annual Report 2018-2019 18. Wai-iti Motor Camp Ltd (the Company) operates the Wai-iti Beach Retreat (the Retreat), located in North Taranaki. The Company holds resource consents to discharge septic tank treated sewage to groundwater via soakage trenches and to erect, place and maintain a rock wall along the front of the accommodation on the Wai-iti Beach foreshore. This report for the period July 2018 to June 2019 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the Company’s environmental and consent compliance performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the Company’s activities.

19. The Company holds two resource consents, which include a total of 24 conditions setting out the requirements that the Company must satisfy. The Company holds one consent to allow them to discharge treated septic tank effluent to groundwater, and one consent for a boulder rip rap toe protection in the coastal marine area.

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

21. The Council’s monitoring programme for the year under review included three routine inspections of the wastewater system, one inspection of the rock wall, and routine bacteriological water sampling of the Wai-iti Stream and Wai-iti Beach on one occasion.

22. The monitoring showed that the Retreat was well maintained during the period under review, with several improvements made to the wastewater treatment system, including the installation of an additional soakage trench. The wastewater treatment system at the Retreat did not adversely affect the water quality of the local freshwater and coastal

31 Consents and Regulatory Committee - Consent monitoring annual reports

environments. Although high bacteriological results were returned from the routine sampling round in January 2019, these counts were attributed to surface runoff draining the upstream agricultural catchment, following the rains that preceded the sampling. Two follow-up samples were collected from the Wai-iti Stream, upstream and downstream of the Retreat, during the following routine inspection. The results of this sampling suggested that the Retreat was not influencing the water quality of the Wai-iti Stream.

23. By comparison with previous years, the monitoring indicated an improvement in the environmental performance of the Company. There were no Unauthorised Incidents recording non-compliance in respect of this consent holder during the period under review.

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

25. For reference, in the 2018-2019 year, consent holders were found to achieve a high level of environmental performance and compliance for 83% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 13% of the consents, a good level of environmental performance and compliance was achieved.

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

27. This report includes recommendations for the 2019-2020 year.

19-09 Urenui and Onaero Beach Camps Monitoring Programme Annual Report 2018-2019 28. New Plymouth District Council (NPDC) operates the sewage disposal systems located at Urenui Beach Camp and Onaero Bay Holiday Park. NPDC holds resource consents to allow it to discharge septic tank treated sewage to groundwater via infiltration trenches at each of the beach camps. This report for the period July 2018 to June 2019 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess NPDC’s environmental and consent compliance performance during the period under review. The report also details the results of the monitoring undertaken and assesses the environmental effects of the NPDC’s activities.

29. NPDC holds one resource consent per beach camp, which each include a total of five special conditions setting out the requirements that NPDC must satisfy.

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

31. The Council’s monitoring programme for the year under review included three inspections per beach camp. One of these inspections included routine bacteriological sampling at four sites at Urenui and five sites at Onaero.

32. The monitoring showed that the wastewater treatment systems at the beach camps did not adversely affect the water quality of the local freshwater and coastal environments. Although high bacteriological results were returned from the water quality sampling

32 Consents and Regulatory Committee - Consent monitoring annual reports

efforts, these counts were attributed to surface runoff draining the upstream agricultural catchment, following the rains that preceded the sampling.

33. There was one Unauthorised Incident recording non-compliance in respect of NPDC during the period under review. A soakage trench at Urenui Beach Camp’s sewerage system was found to have become saturated and to be discharging sewage onto land in February 2019, resulting in an abatement notice being issued. The unauthorised discharge was caused by the disposal effluent lines having been rotated too infrequently over the busy summer period. The issue was immediately investigated and resolved by NPDC, and no environmental effects were detected. By comparison with previous years, the monitoring indicated a decline in NPDC’s environmental performance due to this incident.

34. During the year, NPDC demonstrated a good level of environmental performance and high level of administrative performance with regard to the resource consent for the Urenui Beach Camp (2046-3). This rating was influenced by the occurrence of the Unauthorised Incident. NPDC demonstrated high levels of environmental and administrative performance with the resource consent for the Onaero Bay Holiday Park (1389-3). During the year under review NPDC demonstrated an overall good level of environmental performance.

35. For reference, in the 2018-2019 year, consent holders were found to achieve a high level of environmental performance and compliance for 83% of the consents monitored through the Taranaki tailored monitoring programmes, while for another 13% of the consents, a good level of environmental performance and compliance was achieved.

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

37. This report includes recommendations for the 2019-2020 year.

Decision-making considerations 38. Part 6 (Planning, decision-making and accountability) of the Local Government Act 2002 has been considered and documented in the preparation of this agenda item. The recommendations made in this item comply with the decision-making obligations of the Act.

Financial considerations—LTP/Annual Plan 39. This memorandum and the associated recommendations are consistent with the Council’s adopted Long-Term Plan and estimates. Any financial information included in this memorandum has been prepared in accordance with generally accepted accounting practice.

Policy considerations 40. This memorandum and the associated recommendations are consistent with the policy documents and positions adopted by this Council under various legislative frameworks including, but not restricted to, the Local Government Act 2002, the Resource Management Act 1991 and the Local Government Official Information and Meetings Act 1987.

33 Consents and Regulatory Committee - Consent monitoring annual reports

Iwi considerations 41. This memorandum and the associated recommendations are consistent with the Council’s policy for the development of Māori capacity to contribute to decision-making processes (schedule 10 of the Local Government Act 2002) as outlined in the adopted long-term plan and/or annual plan. Similarly, iwi involvement in adopted work programmes has been recognised in the preparation of this memorandum.

Legal considerations 42. This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments-3 separate reports

PDF Reporting Report Name Number period 19-07 Waiinu Beach Settlement Monitoring Programme Annual Report 2018-2019 2267609 2018-2019 19-08 Wai-iti Beach Retreat Monitoring Programme Annual Report 2018-2019 2275192 2018-2019 19-09 Urenui and Onareo Beach Camps Monitoring Programme Annual Report 2018-2019 2272702 2018-2019

34 Agenda Memorandum

Date 23 July 2019

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Prosecution Sentencing Decision – Blue Rata Investments Ltd, Farm Ventures Ltd and Khloby Dairies Ltd

Approved by: A D McLay, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 2287917

Purpose 1. The purpose of this memorandum is to update Members on the prosecution of Blue Rata Investments Ltd, Farm Ventures Ltd and Khloby Dairies Ltd, for a breach of the Regional Fresh Water Plan for Taranaki involving the discharges of dairy effluent and silage leachate into a tributary of the Mangatete Stream at in April, May and June 2018.

Background

2. The environmental incident was considered by the Chief Executive, acting under delegated authority from the Council, and the decision to prosecute was presented to the Committee, for information purposes, on 18 March 2018.

Incident

3. In summary, the prosecution relates to the defendants failing to take all practicable steps to prevent and mitigate against the discharges, of farm dairy effluent from a spray irrigation system holding pond and silage leachate, into water in contravention of resource consent and permitted activity conditions. Appropriate system maintenance and regular monitoring by the consent holder to ensure compliance with the consent and permitted activity conditions were not undertaken.

Prosecution update

4. Four charges were laid against Blue Rata Investments Ltd for offences against section 15(1)(b) and section 338(1)(c) of the RMA in April, May and June 2018. Three charges were laid against Farm Ventures Ltd for offences against section 15(1)(b) of the RMA in April, May and June 2018. Blue Rata Investments Ltd own the farm and Taranaki Ventures Ltd manages it.

Consents and Regulatory Committee - Prosecution Sentencing Decision

5. One charge was laid against Khloby Dairies (share milkers company) for and offence against section 15(1)(b) of the RMA in April 2018.

6. The defendants all pleaded guilty to the charges. Sentencing was passed on 5 June 2019 and notes of Judge BP Dwyer on sentencing are attached. The rationale for the decision is set out in the judgement and a number of factors are considered in determining the sentence. The fine reflects the seriousness of the incidents and that the parties involved were companies who have a maximum fine under the RMA ($600,000) which is double that of individual.

7. Blue Rata Investments Ltd was fined $86,250 on four charges and Farm Ventures Ltd were fined $75,000 for three charges and Khloby Dairies Ltd were fined $42,750 for one charge. The total fine for the companies was $204,000.

8. The highest previous farm dairy effluent discharge fine for a company was $137,748 in the Northland region in 2013.

Discussion

9. The discharges arose from substantial carelessness in the way the effluent treatment system and the silage pit were managed and operated. Various parties, including Blue Rata, have been the target of enforcement action for previous non-compliances at the farm on a number of occasions since 2008.

10. The discharges last year resulted in green discoloration of the stream for up to 100m and other downstream effects including the growth of sewage fungus up to 140m from the discharge. Maize silage leachate in particular is highly toxic to stream life and this discharge would have overwhelmed the stream’s natural processes and functions.

11. The case highlights the fact that all parties involved in a dairy farm – including any passive investors not normally involved in day-to-day operations – have a duty of care to ensure environmental and legal obligations are met. They can’t just say it’s up to the manager or operator or staff. They need to know when things are going wrong, and you need to be proactive and check compliance and ensure any faults are addressed with fit- for-purpose equipment.

12. The lessons from the case are all dairy farm investors, managers and operators have a duty of care and need to:  Be aware of the conditions on their resource consents  Be proactive and make regular checks to ensure resource consent and regional plan requirements are being met. It’s not good enough to rely on the Council compliance inspection to identify any compliance issues;  Ensure that any improvements to waste treatment systems are robust, effective and will work; and  Ensure that waste holding ponds are properly managed so they don’t overflow.

13. The lessons from the prosecution for dairy farm investors, managers and operators will be shared with local dairy industry groups.

36 Consents and Regulatory Committee - Prosecution Sentencing Decision

Recommendations That the Taranaki Regional Council: a) receives this report and notes the successful outcome of the prosecution against Blue Rata Investments Ltd, Farm Ventures Ltd and Khloby Dairies Ltd b) notes the lessons from the prosecution for dairy farm investors, managers and operators will be shared with local dairy industry groups.

Decision-making considerations 14. Part 6 (Planning, decision-making and accountability) of the Local Government Act 2002 has been considered and documented in the preparation of this agenda item. The recommendations made in this item comply with the decision-making obligations of the Act.

Iwi considerations 15. This memorandum and the associated recommendations are consistent with the Council’s policy for the development of Māori capacity to contribute to decision-making processes (schedule 10 of the Local Government Act 2002) as outlined in the adopted long-term plan and/or annual plan. Similarly, iwi involvement in adopted work programmes has been recognised in the preparation of this memorandum.

Financial considerations—LTP/Annual Plan 16. This memorandum and the associated recommendations are consistent with the Council’s adopted Long-Term Plan and estimates. Any financial information included in this memorandum has been prepared in accordance with generally accepted accounting practice.

Policy considerations 17. This memorandum and the associated recommendations are consistent with the policy documents and positions adopted by this Council under various legislative frameworks including, but not restricted to, the Local Government Act 2002, the Resource Management Act 1991 and the Biosecurity Act 1993.

Legal considerations 18. This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/attachments - Blue Rata and other parties – Judge Dwyer sentencing notes 5 June 2019 (Document #2286858.)

37 Consents and Regulatory Committee - Prosecution Sentencing Decision

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51 Agenda Memorandum

Date 23 July 2019

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Incident, Compliance Monitoring Non- compliances and Enforcement Summary – 24 May 2019 to 30 June 2019

Approved by: A D McLay, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 2293479

Purpose 1. The purpose of this memorandum is to allow the Council to consider and receive the summary of the incidents, compliance monitoring non-compliances and enforcement for the period 24 May 2019 to 30 June 2019.

Executive summary Incidents

2. There are 58 incidents reported.

3. 25 of the incidents were found to be compliant and 18 were found to be non-compliant. 15 of the incidents reported relate to non-compliance from previous periods (updates). The action taken on the incidents is set out for Members information.

Compliance monitoring non-compliances

4. There are 25 compliance monitoring non-compliances reported. 17 of the compliance monitoring non-compliances reported are updates from previous periods.

5. 9 of the non-compliances reported are as a result of the annual dairy inspection round.

Recommendations That the Taranaki Regional Council: a) receives this memorandum b) receives the summary of the incidents, compliance monitoring non-compliances and enforcement for the period from 24 May 2019 to 30 June 2019, notes the action taken by staff acting under delegated authority and adopts the recommendations therein. Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Background 6. The Council receives and responds to pollution events and public complaints throughout the year. Consent compliance monitoring undertaken can also identify non- compliance. This information is recorded in the IRIS database together with the results of investigations and any follow-up actions. Incidents and non-compliances are publicly reported to the Council through the Consents and Regulatory Committee via the Incidents, Compliance Monitoring Non-compliances and Enforcement Report or the Annual Compliance Monitoring Reports.

7. Attached is the summary of the Incidents, Compliance Monitoring Non-compliances and Enforcement for the period from 24 May 2019 to 30 June 2019.

8. Staff have been delegated by the Council to undertake enforcement actions. The enforcement policy and procedures are approved by the Council and then consistently implemented and reported on by staff.

Disclosure Restrictions 9. The incident register information presentation was reviewed in 2014-2015 to increase reader understanding in this complex area. The first section addresses compliant incidents and can be publically discussed. The second section provides an update on non-compliant incidents from previous meetings and where an incident has been resolved it can be publically discussed. The third and fourth sections provide information on non-compliant incidents and non-compliances found during compliance monitoring during the period that are still under investigation and staff are limited in terms of public disclosure of information, while the investigation is ongoing and enforcement responses have not been determined. The incident flow chart and definition of terms provide further operational detail.

Discussion 10. Council responds to all complaints received with most complaints responded to within four hours. This usually involves a site visit. Responses to complaints and non- compliances with rules in the Council’s regional plans, resource consents and the Resource Management Act 1991 are recorded in the IRIS database. Where necessary, appropriate advisory or enforcement actions are undertaken. The latter may include issuing an inspection, abatement or infringement notice, or initiating a prosecution. Where an infringement notice or prosecution is possible, details of the information in the Incidents, Compliance Monitoring Non-compliances and Enforcement agenda item and staff comment will be restricted for legal disclosure reasons. Further information will be provided at a later date to the Council and for prosecutions a detailed report will be provided for information purposes, in the confidential section of the agenda.

11. A summary of Incidents, Compliance Monitoring Non-compliances and Enforcement for the period 24 May 2019 to 30 June 2019 is attached. The ‘compliant’ incidents are presented first in a table and the ‘non-compliant’ incidents are presented after in a more detailed summary, followed by the compliance monitoring non-compliances.

12. Generally incidents in the ‘compliant’ table have a recommendation of ‘no further action’. However, an incident is considered ‘compliant’ until such time as a non-

53 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

compliance is found. Therefore occasionally an incident in the ‘compliant’ table will have a recommendation of ‘investigation continuing’, if an ongoing investigation is still underway to confirm compliance.

13. A series of graphs are also attached comparing the number of incidents between 2014- 2015 and 2018-2019, and also showing how the incidents are tracking in 2018-2019 in relation to environment type and compliance status. There is a graph showing the non- compliances found during compliance monitoring. There is also a graphs showing enforcement action taken to date during 2018-2019.

Decision-making considerations 14. Part 6 (Planning, decision-making and accountability) of the Local Government Act 2002 has been considered and documented in the preparation of this agenda item. The recommendations made in this item comply with the decision-making obligations of the Act.

Financial considerations—LTP/Annual Plan 15. This memorandum and the associated recommendations are consistent with the Council’s adopted Long-Term Plan and estimates. Any financial information included in this memorandum has been prepared in accordance with generally accepted accounting practice.

Policy considerations 16. This memorandum and the associated recommendations are consistent with the policy documents and positions adopted by this Council under various legislative frameworks including, but not restricted to, the Local Government Act 2002, the Resource Management Act 1991 and the Local Government Official Information and Meetings Act 1987.

Iwi considerations 17. This memorandum and the associated recommendations are consistent with the Council’s policy for the development of Māori capacity to contribute to decision-making processes (schedule 10 of the Local Government Act 2002) as outlined in the adopted long-term plan and/or annual plan. Similarly, iwi involvement in adopted work programmes has been recognised in the preparation of this memorandum.

Legal considerations 18. This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments - Incident flowchart and terms explained (document #1081324). - Incidents and consent non-compliance – Incident and Enforcement Graphs to 30 June 2019 (document #2293486). - Incidents and Enforcement Summary 6 Apr 2019 to 23 May 2019 (document #2293409).

54 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary Incident flow chart Doc # 1081324

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

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

None

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

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

55 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Terms explained

Compliance rating

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

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

Origin/Notification:

Complaint Notification of incident received from public.

Self notification Notification of incident received from the responsible party.

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

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

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

Action/s Taken:

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

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

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

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

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

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

56 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

considered.

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

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

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

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

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

None No action was required.

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

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

Prosecution A prosecution is being initiated for this incident.

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

Recommendations to Council

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

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

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

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

57 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

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

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

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

58 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Incident and Enforcement Graphs to 30 June 2019

59 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

60 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

61 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliant Incidents for the period 24 May 2019 to 30 Jun 2019

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

28 May 2019 3301-19-413 Alleged Odour - Taranaki By Complaint Taranaki By-Products R2/4055-3 Consent Compliance No Further Action IN/38000 Products - Okaiawa Limited

28 May 2019 3301-19-414 Alleged Slash in stream - Complaint Phil Meerman RFWP Allowed No Further Action IN/38003 Finnerty Road, Stratford

29 May 2019 3301-19-417 Alleged Oil Spill at Rimu Self- WestSide Corporation Ltd R2/5744-2.0 Consent Compliance No Further Action IN/38020 Production Station Notification

31 May 2019 3301-19-415 Alleged Fish passage Complaint Unsourced Not Applicable/Natural No Further Action IN/38018 flooding - Waiaua River - Event Opunake

04 Jun 2019 3301-19-418 Alleged Dead crawlers in Complaint Unsourced RFWP Allowed No Further Action IN/38021 stream - Nolan Road, Hawera

04 Jun 2019 3301-19-419 Alleged Transformer oil spill - Third Party Powerco Limited RFWP Allowed No Further Action IN/38026 Normanby Road, Manaia Notification

06 Jun 2019 3301-19-420 Alleged Poultry odour - Complaint Shadel Poultry Limited R2/5280-2.0 Consent Compliance No Further Action IN/38029 Manutahi Road,

10 Jun 2019 3301-19-429 Alleged Discoloured Complaint R & S Dreaver Contractors R2/9526-1 Consent Compliance No Further Action IN/38073 Waiongana Stream - Waitara Limited

62 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliant Incidents for the period 24 May 2019 to 30 Jun 2019

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

12 Jun 2019 3301-19-426 Alleged Sewage on East Complaint Unsourced RFWP Allowed No Further Action IN/38076 Beach - Waitara

12 Jun 2019 3301-19-423 Alleged Aquifer investigation TRC Staff Unsourced Not Applicable/Natural No Further Action IN/38095 - Nolan Road, Hawera Compliance Event Monitoring

14 Jun 2019 3301-19-428 Alleged Smoke - Smart Complaint John Syrus RAQP Allowed No Further Action IN/38082 Road, New Plymouth

14 Jun 2019 3301-19-433 Alleged Stream works - Complaint Kaitake Golf Club Inc RFWP Allowed No Further Action IN/38084 South Road, Oakura.

17 Jun 2019 3301-19-430 Alleged Farm discharge - Complaint Debbie McCallum RFWP Allowed No Further Action IN/38070 Victoria Road, Stratford

17 Jun 2019 3301-19-436 Alleged Garlic odour - Devon Complaint New Zealand Couriers Ltd RAQP Allowed No Further Action IN/38094 Road, New Plymouth

18 Jun 2019 3301-19-434 Alleged Smoke/Burning - Complaint Craig Falconer RAQP Allowed No Further Action IN/38091 Smith Street, Waverley

18 Jun 2019 3301-19-453 Alleged Oil Spill - Cheal A Self- TAG Oil (NZ) Limited R2/6815-1 Consent Compliance No Further Action IN/38153 wellsite - Ngaere Notification

18 Jun 2019 3301-20-005 Alleged Sand removal - Complaint Rusty Campbell RFWP Allowed No Further Action IN/38157 Puketapu Road, Oeo

63 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliant Incidents for the period 24 May 2019 to 30 Jun 2019

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

20 Jun 2019 3301-19-439 Alleged Fire fighting foam Self- Beach Energy Resources NZ Consent Compliance No Further Action IN/38129 discharge - Tank Notification (Kupe) Limited Farm - New Plymouth

21 Jun 2019 3301-19-452 Alleged Log in stream - Complaint Robert Henry Barnes RFWP Allowed No Further Action IN/38122 Hurworth Road, New Plymouth.

25 Jun 2019 3301-19-447 Alleged Greenwaste in Complaint Jones Quarry Limited Consent Compliance No Further Action IN/38132 cleanfill - Hydro Road, New Plymouth

26 Jun 2019 3301-19-444 Alleged Paint into stormwater Complaint Warren Harper RFWP Allowed No Further Action IN/38127 - Cressida Avenue, Stratford

26 Jun 2019 3301-19-446 Alleged Sewage odour - Complaint Unsourced Not Applicable/Natural No Further Action IN/38131 South Road, Omata Event

27 Jun 2019 3301-19-448 Alleged Smoke and flaring - Complaint Greymouth Petroleum R2/4048-3 Consent Compliance No Further Action IN/38133 Upland Road, Kaimiro Limited

28 Jun 2019 3301-19-451 Alleged Green waste - Complaint Central Greenwaste & R2/6876-1 Consent Compliance No Further Action IN/38149 Victoria Street, Stratford Firewood

29 Jun 2019 3301-19-449 Alleged Dead ducks near Complaint Unsourced Not Applicable/Natural No Further Action IN/38147 water body - King Edward Event Park, Hawera

64 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

65 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Non-Compliant incidents from previous agendas

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

10 Feb 2019 3301-19-380 Unauthorised streamworks - TRC Staff Michael Clark Limited EAC-22676 - Abatement No Further Action Update IN/37847 Manaia Road Notification (15347) Notice At This Stage

Comments: During unrelated monitoring it was found that unauthorised stream works had been undertaken on a property at Manaia Road, Kaponga. Investigation found that a section of the stream had been diverted in contravention of Rules 74 and 76 of the Regional Fresh Water Plan for Taranaki. An abatement notice was issued requiring the rules to be complied with. Compliance with the abatement notice will be ascertained after 24 June 2019.

03 Mar 2019 3301-19-321 Green stream - South Road, TRC Staff McKie Family Trust (13053) R2/3423-3 EAC-22692 - Infringement No Further Update IN/37661 Oakura Notification Notice ($750) Action/Costs EAC-22567 - Abatement Recovered Notice

Comments: During unrelated monitoring it was found that the Wairau Stream was running 'green' at South Road, Oakura. Investigation found that untreated dairy effluent was discharging into an unnamed tributary of the Wairau Stream via an overflow pipe from an effluent sump on an upstream property. During discussions with the consent holder he explained that the float switch within the sump had failed, resulting in an elevated level of effluent within the sump, which caused the overflow. The reason for the switch failure was the sump was overgrown with vegetation and not being maintained. An abatement notice was issued requiring works to be undertaken to ensure compliance with the resource consent. Reinspection found that the abatement notice was being complied with at the time of inspection.

66 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Non-Compliant incidents from previous agendas

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

20 Mar 2019 3301-19-357 High enterococci counts - TRC Staff Regal Haulage (52238) EAC-22696 - Infringement No Further Update IN/37769 Ngamotu Beach - Port Compliance Glencore (68976) Notice ($750) Action/Costs Taranaki Monitoring Limited EAC-22697 - Infringement Recovered (26226) Notice ($750) EAC-22634 - Explanation Requested - Letter EAC-22635 - Explanation Requested - Letter EAC-22636 - Explanation Requested - Letter EAC-22652 - Explanation Requested - Letter

Comments: During analysis (23 March 2019) of routine sampling (undertaken on 20 March 2019) it was found that there were high enterococci counts at Ngamotu Beach, Port Taranaki. Over the following week a number of further samples were taken in the area which traced the likely source to a stormwater drain discharging out of the reclamation area at the eastern end of Ngamotu Beach. Investigation was undertaken on Friday and Saturday (29 and 30 March 2019). This found what appeared to be grain present the stormwater drain at the eastern end of the beach, near the reclamation. Further samples were taken throughout the stormwater system. It was found that a large amount of grain and fertiliser had accumulated at the side of the grain store building. The grain was discharging to the stormwater system on the site. At the time of inspection the Company's Environmental Manager arrived at the site and immediate action was undertaken to clean up the stormwater system and the surrounding areas. Photographs were also taken. Further sampling undertaken in the marine environment near the reclamation area found that enterococci counts had dropped dramatically by the Friday night.

02 Apr 2019 3301-19-369 Burning - Connett Road, Bell Complaint Chisnall (68906) EAC-22644 - Explanation No Further Action Update IN/37815 Block Requested - Letter

67 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Non-Compliant incidents from previous agendas

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

Comments: A complaint was received concerning smoke emanating from an industrial area in Bell Block. Investigation found that a large plume of smoke was rising from a fire that was burning in a 44 gallon drum on an industrial site. Photographs were taken. The landowner was advised that burning on an industrial site required a resource consent. The fire was immediately extinguished. There were no off-site effects at the time of inspection. An explanation was received and accepted.

05 Apr 2019 3301-19-372 Consent breach - TRC Staff Remediation (NZ) Limited R2/5838- EAC-22631 - Abatement Investigation Update IN/37822 Remediation NZ Ltd - Compliance (30679) 2.2 Notice Continuing Monitoring

Comments: During routine data analysis it was found that consent required analysis of drilling mud had not been sufficiently supplied as required by special condition 3 of Resource Consent 5838-2.2, for a composting site at Uruti. Recently some analysis had been provided though not complete. An abatement notice was issued requiring the resource consent condition be complied with. Analysis of records show that the abatement notice is currently being complied with. Further enforcement action is being considered.

07 Apr 2019 3301-19-370 Burning - Corbett Road, Bell Complaint Brian Marsden Concrete EAC-22671 - Explanation No Further Action Update IN/37834 Block Products Ltd (24861) Requested - Letter Brian Marsden (9347) EAC-22673 - Explanation Peter Sole (15683) Requested - Letter

Comments: A complaint was received concerning burning of vegetation at an industrial subdivision in Bell Block, New Plymouth. Investigation found that the burning of a number of piles of vegetation was being undertaken. The owner and occupier were spoken to at the time of inspection and admitted to lighting the fires. They were advised that burning on an industrial site requires resource consent. The fire were extinguished at the time of inspection. A letter of explanation was received and accepted. There were no off-site effects occurring at the time of inspection.

68 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Non-Compliant incidents from previous agendas

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

11 Apr 2019 3301-19-386 Unauthorised discharge - Self- Warner Construction Ltd R2/4619-1 EAC-22680 - Explanation No Further Update IN/37868 Colson Road Landfill - New Notification (52425) Requested - Letter Action/Costs Plymouth New Plymouth District No Enforcement Action - Recovered Council (9565) Insufficient evidence

Comments: Self-notification was received that during a routine inspection of the Colson Road Landfill to check the daily cover at the end of the day (New Plymouth District Council staff inspected the bund around the working face which captures contaminated stormwater from the working face area and directs it to the leachate system), it was found that the bund had been breached in two areas and contaminated stormwater was entering the stormwater drains that are directed to the stormwater ponds onsite, which then discharge to the Puremu Stream. A letter of explanation was received and accepted. There was no evidence of any discharge of leachate to surface water.

18 Apr 2019 3301-19-382 Dust and odour - Osflo Complaint Osflo Fertiliser Limited EAC-22701 - Infringement No Further Action Update IN/37863 Fertilisers - Corbett Road, (36015) Notice ($1,000) Bell Block EAC-22643 - Explanation Requested - Letter

Comments: A complaint was received regarding dust and odour being discharged from a nearby farm, where fertiliser was being applied, at Corbett Road, Bell Block. Investigation found significant amounts of dust had discharged from fertiliser application activities affecting neighbouring properties. A letter of explanation was received.

69 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Non-Compliant incidents from previous agendas

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

26 Apr 2019 3301-19-388 Earthworks in Mangati TRC Staff Endurance Holdings Limited Investigation Update IN/37874 Catchment - Connett Road Notification (67957) Continuing West, Bell Block

Comments: During unrelated monitoring it was found that unauthorised earthworks were being carried out in the Mangati Catchment at a site on Connett Road West, Bell Block. Investigation found that development earthworks had been carried out on approximately 3.82 hectares of land. It was raining at the time of inspection. Sediment laden stormwater was discharging from site. Samples were taken. No resource consent was held for the works and the works were not permitted under rules in the Regional Fresh Water Plan for Taranaki (RFWP). Abatement notices were issued requiring works to cease, for silt and sediment controls to be installed and for rules in the RFWP to be complied with. The abatement notices were complied with. A retrospective resource consent has been granted for the works. Further enforcement action is being considered.

30 Apr 2019 3301-19-394 Tyre burning - Greensill - Complaint Layne Christopher & Helen EAC-22704 - Infringement No Further Action Update IN/37907 Puniho Road, Okato Dianne Greensill (11408) Notice ($300)

Comments: A complaint was received concerning the burning of car tyres at a property on Puniho Road, Okato. Investigation found that there was a fire burning on the property. The landowner was spoken to and he admitted that he had placed tyres on the fire, from his silage stack, to expedite the burning of some tree waste. He had also done this with two previous piles of rubbish on the same site. There were between 10-12 tyres burnt and partly burnt on the piles.

01 May 2019 3301-19-400 Stream straightening - Skeet Complaint Robert & Clare Poole (3510) EAC-22661 - Abatement No Further Action Update IN/37923 Road, Oeo Notice At This Stage/Costs Recovered

70 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Non-Compliant incidents from previous agendas

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

Comments: A complaint was received regarding stream straightening on Skeet Road, Oeo. Investigation found that unauthorised works had been undertaken on approximately 270 metres of an unnamed tributary of the Oeo Stream. A review of mapping systems found this to have occurred sometime after 2013. Due to the length of the area straightened and the catchment size this work was in contravention of the Regional Fresh Water Plan for Taranaki (RFWP). Two culverts that were present in the area of straightened stream did not have fish passage. An abatement notice was issued requiring rules in the RFWP to be complied with. A consent application has been received and the abatement notice is in the process of being complied with.

02 May 2019 3301-19-392 Consent non-compliance - TRC Staff Silver Fern Farms R2/2260- EAC-22646 - Abatement Investigation Update IN/37901 Silver Fern Farms - Compliance Management Limited (52673) 3.1 Notice Continuing Waitotara Monitoring

Comments: During a review of the monitoring programme supplied by a meat processing plant in Waitotara, it was found that special condition 8 of Resource Consent 2260- 3.1 was not being complied with. Information regarding the drilling and monitoring of bores had not been written in the monitoring programme as required. An abatement notice was issued requiring special condition 8 of Resource Consent 2260-3.1 to be complied with. Compliance with the abatement notice will be ascertained after 30 June 2019. A meeting was held with the Company and further investigation is being undertaken.

10 May 2019 3301-19-409 Earthworks - Henwood Road, Complaint Michael Swift (68410) EAC-22678 - Abatement No Further Action Update IN/37945 Bell Block Notice EAC-22669 - Abatement Notice

Comments: A complaint was received concerning large scale earthworks being undertaken on Henwood Road, Bell Block. Investigation found soil disturbance activities between 3 and 8 hectares had been undertaken, and had continued to be undertaken after 1 May, in contravention of Rule 26 of the Regional Fresh Water Plan for Taranaki (RFWP). Abatement notices were issued requiring the works to cease, rules in the RFWP to be complied with, and stabilisation of the site to be undertaken to prevent silt and sediment discharging to surface water. Reinspection found the abatement notice was in the process of being complied with. A meeting was held with the land owner, who has undertaken to install further silt controls and comply with the abatement notice.

71 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Non-Compliant incidents from previous agendas

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

14 May 2019 3301-19-403 Underpass odour - East Complaint Gerald & Maree Collins EAC-22682 - Abatement Investigation Update IN/37951 Road, Stratford (3552) Notice Continuing EAC-22684 - Explanation Requested - Letter

Comments: A complaint was received concerning effluent odour emanating from a stock underpass at East Road, Stratford. An odour survey was undertaken and no odour was found to be emanating from the underpass. However, it was found that diluted untreated dairy effluent from the underpass was being discharged to an unnamed tributary of the Patea River. Samples were taken. An abatement notice was issued requiring rules in the Regional Fresh Water Plan for Taranaki to be complied with. Reinspection will be undertaken after 30 August 2019. Further enforcement action is being considered.

17 May 2019 3301-19-406 Smokey fire - Complaint Westown Horticulture Ltd EAC-22683 - Abatement Investigation Update IN/37966 Horticulture - New Plymouth (15091) Notice Continuing David Thomas (69076) EAC-22689 - Explanation Requested - Letter EAC-22688 - Explanation Requested - Letter

Comments: A complaint was received concerning smoke emanating from an industrial site on Cowling Road, New Plymouth. Investigation found that a fire was smouldering in contravention of rules in the Regional Air Quality Plan for Taranaki (RAQP). Some unauthorised materials were found on the fire, such as plastics, vehicle parts, paint cans and tins. An abatement notice was issued requiring rules in the RAQP to be complied with. Also during the inspection it was found that it was possible that unauthorised earthworks had been undertaken on the site. The site was also operating a mobile effluent spreading operation and truckwash without resource consents. Further enforcement action is being considered.

72 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

73 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 24 May 2019 to 30 Jun 2019

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

01 Apr 2019 3301-19-435 Water diversion breach - Self- Trustpower Limited (13970) R2/2053- EAC-22711 - Explanation Investigation IN/38092 Trustpower Ltd - Notification 3.2 Requested - Letter Continuing

Comments: Self-notification was received concerning the diversion of water in contravention of special conditions 3 of the resource consent (which requires that no water shall be diverted when the flow in the Waiwhakaiho River is greater than 85 m3/s) at the Hydroelectric Power Scheme at Lake Mangamahoe, New Plymouth. The Company advised that initial findings determined that on 1 April 2019, the flow in the Waiwhakaiho River flow rose from 2.5 m3/s at 7am to 79 m3/s at 13:30. Once flow approached 80 m3/s the tunnel gates closed as per their programming. Flow in the river continued to rise which peaked at approximately 200 m3/s at 15:15. For reasons yet to be determined, the gates then opened at 16.05 while flow in the river was 188 m3/s; and closed again 40 minutes later at 16:45. Flow in the river at that point was 90 m3/s. A letter requesting explanation was sent. Enforcement action is being considered.

25 May 2019 3301-19-411 Cows in Waiongana Stream - Complaint Gary Nagle (36524) Investigation IN/37995 Brixton Fern Brand (67990) Continuing

Comments: A complaint was received regarding cows in the Waiongana River near Brixton. Investigation found that although there were some stock in a paddock near the stream none were in the stream. However, no works had been undertaken to fence the stream as required by a previous abatement notice. Since the inspection the stock have all been sold. Enforcement action is being considered.

28 May 2019 3301-19-445 Waste water discharge - Self- Fonterra Limited (50606) R2/1450- Investigation IN/38128 consent breach - Fonterra Notification 3.0 Continuing Whareroa

74 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 24 May 2019 to 30 Jun 2019

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

Comments: Self-notification was received concerning a discharge of wastewater in contravention of resource consent conditions at the Fonterra Whareroa plant near Hawera. The fat concentration for the 24 hr time period was 1200 mg/litre, above the allowable limit of 800 mg/litre. A report was received from the Company. Investigation found that there had been a series of equipment failures that led to fat loses into the wastewater network. Due to regular staff not being rostered on, no sucker truck was engaged (outside of the normal routine) to clean out the sump. Therefore the build-up of fat eventually overflowed and discharged into the marine outfall. Enforcement action is being considered.

04 Jun 2019 3301-19-424 Sewage discharge - Lepper Complaint Mahony Transport (69110) EAC-22690 - Abatement Investigation IN/38028 Road, Inglewood Notice Continuing EAC-22700 - Abatement Notice

Comments: A complaint was received regarding sewage discharging into an unnamed tributary at Lepper Road, Inglewood. Investigation found that a septic tank system had been discharging through an outlet pipe into an unnamed tributary. An abatement notice was issued requiring the discharge cease. Reinspection found works had been undertaken to remove the outlet pipe and cease the discharge. A further abatement notice was issued requiring Rule 22 of the Regional Fresh Water Plan to be complied with. Reinspection will be undertaken after 29 July 2019. Further enforcement action is being considered.

18 Jun 2019 3301-19-432 Smoke odour - New Complaint New Plymouth Golf Club Inc EAC-22707 - Explanation Investigation IN/38079 Plymouth Golf Club - Bell (14843) Requested - Letter Continuing Block

Comments: Several complaints were received concerning a strong smoke odour near the New Plymouth Golf Course. Investigation found that the odour was being emitted from a fire at the golf course. This fire contained prohibited materials such as metal shelving, tin, rubber and plastic wheels. The fire was extinguished at the time of inspection. Enforcement action is being considered.

75 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 24 May 2019 to 30 Jun 2019

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

19 Jun 2019 3301-19-438 Non-notified forestry Self- LOG 4 U Harvesting Limited Investigation IN/38097 operation - Okaiawa Notification (69221) Continuing Stephen Bourke (69189)

Comments: During unrelated monitoring it was found that a forestry harvesting operation was being undertaken without the required notification under the National Environmental Standards for Forestry, at Katotauru Road, Okaiawa. Investigation found that the site was approximately 4.5ha and the majority of the site has been harvested already. Notification was subsequently received. Enforcement action is being considered.

28 May 2019 3301-19-412 Emergency works - clearing Self- South Taranaki District R2/9473-1 No Further Action IN/37999 water intake - Opunake WTP Notification Council (9623)

Comments: Notification was received from a contractor concerning works that needed to be undertaken to clear a blocked water intake for the Opunake Water Treatment Plant. The emergency works were required to prevent Opunake township running out of water as the supply was down to 5% due to the intake being blocked with sand. The works were allowed under the emergency works section 330 of the Resource Management Act 1991.

31 May 2019 3301-19-416 Sinking MV Blue Lady - Port Third Party Graham & Kathryn Third No Further IN/38089 Taranaki Notification (51491) Action/Costs Recovered

Comments: Notification was received concerning the sinking of the MV Blue Lady in Port Taranaki, New Plymouth, during a storm. Investigation found that the vessel had sunk, with only the hull of the boat visible. A minor amount of hydrocarbons had discharged from the vessel. Sorbant material and booms were deployed around the vessel. The vessel was recovered using a crane. All contaminants were contained and recovered and there were no adverse environmental effects.

76 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 24 May 2019 to 30 Jun 2019

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

07 Jun 2019 3301-19-421 Sediment discharge to TRC Staff Phil Meerman (14179) No Further Action IN/38033 stream - Finnerty Road, Notification Stratford

Comments: During unrelated monitoring it was found that sediment from earthworks was discharging into a stream at Finnerty Road, Stratford. Investigation found that soil had been disturbed around the Mangawharawhara Stream and an unnamed tributary of the Mangawharawhara Stream. While no sediment was discharging to water at the time of inspection due to the fine weather conditions; soil in and around the rocks indicated that soil may have been discharging in to the streams earlier in the day. The landowner was advised that sediment control structures, such as sediment fences, needed to be installed to prevent discharge to water. Reinspection found that the silt and sediment controls had been installed and no discharge was likely to the stream.

10 Jun 2019 3301-19-422 Dumped rubbish under Complaint Unsourced (9768) No Further Action IN/38047 bridge - Carrington Road At This Stage

Comments: A complaint was received concerning rubbish that had been dumped under a bridge on Carrington Road, . Investigation found that there was rubbish on the bank of the stream. New Plymouth District Council (NPDC) were contacted and undertook to remove the dumped rubbish. Some rubbish was removed and the remaining rubbish was not removed as it was considered too dangerous with the limited equipment staff had at the time. NPDC is investigating how this material can be removed safely.

12 Jun 2019 3301-19-427 Mangaotuku Stream running Complaint Jones & Sandford Joinery EAC-22705 - Explanation No Further Action IN/38077 white - New Plymouth Ltd (31742) Requested - Letter Gary Sheilds (69170) No Enforcement Action - Insufficient evidence

77 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 24 May 2019 to 30 Jun 2019

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

Comments: A complaint was received concerning the Mangaotuku Stream running 'white' behind Gaine Street, New Plymouth. Investigation found the stream was running clear at the time of inspection. It is suspected that that builders working at an adjacent building had washed a paint roller and disposed of the waste down a stormwater drain that linked to the stream. A letter of explanation was received.

13 Jun 2019 3301-19-425 Oil spill on road - Hulke Self- Waste Management NZ No Further Action IN/38072 Place, Bell Block Notification Limited (25000)

Comments: Notification was received from Fulton Hogan concerning a spill of oil at Pohutakawa Drive and Hulke Place, Bell Block. An inspection of the site where the spill occurred found that some hydraulic oil had discharged onto the road from a rubbish truck during rubbish collection activities. Measures had been taken to contain and recover the oil from the road, and to capture any remaining oil following rainfall. The cause of the spill was due to mechanical failure.

17 Jun 2019 3301-19-431 Discoloured Patea River - TRC Staff FS & GE Langton (3068) No Further Action IN/38078 Waingongoro Road, Cardiff Notification

Comments: During unrelated monitoring it was found the Patea River was running discoloured at Waingongoro Road, Cardiff. Investigation found a culvert had collapsed upstream causing the discolouration. Council had been notified earlier of the culvert collapse and authority had been given for the works to be completed and a retrospective consent be applied for.

18 Jun 2019 3301-19-440 Green Stream - East Road, Complaint Iain Craig & Katherine Anne No Further Action IN/38107 Toko Sextus (19252)

78 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 24 May 2019 to 30 Jun 2019

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

Comments: A complaint was received regarding an unnamed tributary running ‘green’ at East Road, Toko. Investigation found the tributary was slightly discoloured. Inspection of an upstream farm found that a new stormwater diversion had been installed. After discussion with the farm owner it was suspected that the yard had been washed down and the stormwater diversion had not been activated. However, at the time of inspection there was no evidence of any discharge occurring and the stream had cleared.

19 Jun 2019 3301-19-437 Sediment in stream-Okaiawa TRC Staff Leroy Nelley (69188) No Further IN/38096 Notification Action/Costs Recovered

Comments: During unrelated monitoring it was found that there was sediment in an unnamed tributary of the Inaha Stream near Okaiawa. Investigation found that the tributary was running discoloured. A forestry operation was being under taken upstream. During the operation heavy machinery had crossed a culvert, causing the culvert to collapse. The landowner was advised to remove the collapsed culvert to restore the flow in the tributary. Reinspection found that this was done and the tributary was flowing clear. The landowner was also advised he would need to apply for a consent to replace the culvert.

20 Jun 2019 3301-19-441 Dead sheep on beach - Complaint Unsourced (9768) No Further Action IN/38114 Patea

Comments: A notification was received regarding a dead sheep on the beach at Mana Bay, Patea. Inspection found that the sheep had no identification tags. The carcass was disposed of in an appropriate manner at the time of inspection.

79 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Non-Compliant incidents for the period 24 May 2019 to 30 Jun 2019

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

21 Jun 2019 3301-19-442 Dumped rubbish - Complaint Maureen Brophy (1769) EAC-22719 - Abatement No Further Action IN/38111 Road, Pungarehu Notice At This Stage/Costs Recovered

Comments: A complaint was received about rubbish being dumped by the Waitotoroa Stream at Mid-Parihaka Road, Pungarehu. Investigation found rubbish dumped into a pit within 25 metres of the Waitotoroa Stream. An abatement notice was issued requiring the rubbish to be removed and disposed of in an appropriate manner. Reinspection will be undertaken after 31 July 2019.

28 Jun 2019 3301-19-450 Dust - Gordon Street, New Complaint Burgess Crowley Civil EAC-22716 - Abatement No Further Action IN/38148 Plymouth Limited (34601) Notice EAC-22718 - Abatement Notice

Comments: A complaint was received regarding plumes of dust discharging from earth works at a sub division on Gordon Street, New Plymouth. Investigation found that objectionable dust was discharging from the site and impacting on neighbouring properties. Abatement notices were issued requiring no objectionable dust discharge beyond the boundary of the property. Reinspection found that the abatement notices were being complied with at the time of inspection.

80 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Compliance Monitoring - Non-compliances from previous agendas

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

05 Sep 2018 332119-044 Compliance Monitoring Non-compliance Tania Jenna Brown (16070) R2/5473-1 Investigation Update ENF-21673 Insp. Continuing

Comments: During a consent renewal inspection it was found that a weir was not operating within resource consent conditions at State Highway 45, . Fish passage had not been maintained as required by resource consent conditions.

26 Oct 2018 332119-069 Annual Inspection Non-compliance Tessa Catherine Johnston R2/0343-3 EAC-22279 - Abatement No Further Action Update ENF-21737 (37235) Notice At This Stage/Costs Recovered

Comments: During the annual dairy inspection round it was found that the farm dairy effluent disposal system was not operating within resource consent conditions on King Road, Inglewood. An abatement notice was issued requiring the consent holder to cease the discharge. Reinspection found that the abatement notice was not being complied with at the time of inspection. A meeting was held with the consent holder who believed the consent allowed discharge to water. The purpose of the consent was explained, advising that discharge to water should not occur if managed correctly. The consent holder advised that the ponds would be pumped out using a slurry wagon until such time as a spray irrigation system was installed. The abatement notice is currently being complied with.

81 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Compliance Monitoring - Non-compliances from previous agendas

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

28 Nov 2018 332119-109 Annual Inspection Significant non- Allan & Margaret Ryan (2551) R2/2494-2 EAC-22535 - Infringement Investigation Update ENF-21799 compliance Notice ($750) Continuing EAC-22355 - Abatement Notice EAC-22708 - Explanation Requested - Letter EAC-22356 - Explanation Requested - Letter

Comments: During the annual dairy inspection round it was found that the farm dairy effluent disposal system was not operating within resource consent conditions on Egmont Road, Hillsborough. An abatement notice was issued requiring works to be undertaken to the farm dairy effluent disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was not being complied with at the time of inspection. A further reinspection found that the abatement notice is being complied with. Further enforcement action is being considered.

05 Feb 2019 332119-189 Annual Inspection Significant non- Sunman Farms Limited R2/1658-3 EAC-22687 - Infringement No Further Update ENF-21933 compliance (34685) Notice ($750) Action/Costs EAC-22581 - Explanation Recovered Requested - Letter

Comments: During analysis of samples (14 March 2019), taken during the annual dairy inspection round (5 February 2019), it was found that the farm dairy effluent oxidation pond disposal system was not operating within resource consent conditions and was also in contravention of Abatement Notice EAC-21062 issued as a result of a previous non-compliance at Mangawhero Road, Kaponga. A letter requesting explanation was sent.

82 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Compliance Monitoring - Non-compliances from previous agendas

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

04 Mar 2019 332119-175 Annual Inspection Non-compliance Yalumba Farm Trust (15047) R2/3581-2 EAC-22561 - Abatement No Further Update ENF-21919 Notice Action/Costs EAC-22686 - Explanation Recovered Requested - Inspection Notice

Comments: During the annual dairy inspection round it was found that the farm dairy effluent disposal system was not operating within resource consent conditions on Upper Manutahi Road, Patea. An abatement notice was issued requiring works to be undertaken to the farm dairy effluent disposal system to ensure compliance with resource consent conditions. Reinspection found the abatement notice was not being complied with at the time of inspection. It was found that the non-compliance was due to mechanical failure. A further reinspection found the abatement notice was being complied with at the time of inspection.

05 Mar 2019 332119-187 Annual Inspection Significant non- Aaron Bryce Harvey (33647) R2/7837-1.1 EAC-22715 - Infringement No Further Update ENF-21931 compliance Cabra Finca Limited (36380) Notice ($750) Action/Costs EAC-22575 - Abatement Recovered Notice

Comments: During the annual monitoring inspection round it was found that the goat farm effluent disposal system was not operating within resource consent conditions on Main Road, Urenui. An abatement notice was issued requiring works to be undertaken to the farm dairy effluent disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

83 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Compliance Monitoring - Non-compliances from previous agendas

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

07 Mar 2019 332119-209 Compliance Monitoring Non-compliance Keith Brodie (2995) R2/3317-2 EAC-22712 - Abatement No Further Action Update ENF-21970 Insp. Notice At This Stage/Costs Recovered

Comments: During routine monitoring it was found that fish passage was not provided for on a dam structure, as required by resource consent conditions, at a property at Weld Road, Oakura. An explanation was received. An abatement notice was issued requiring Rule 59 of the Regional Fresh Water Plan to be complied with. Reinspection will be undertaken after 1 May 2020.

20 Mar 2019 332119-193 Annual Inspection Significant non- BJ & KM Moffitt Family Trust R2/1909-2.1 EAC-22591 - Abatement Investigation Update ENF-21937 compliance (23192) Notice Continuing

Comments: During the annual dairy inspection round it was found that the farm dairy effluent disposal system was not operating within resource consent conditions on Paora Road, Okato. An abatement notice was issued requiring works to be undertaken to the farm dairy effluent disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection. Further enforcement action is being considered.

28 Mar 2019 332119-194 Annual Inspection Non-compliance Mitchell Family Trust (22004) R2/5776-2.0 EAC-22620 - Abatement No Further Update ENF-21961 Notice Action/Costs Recovered

Comments: During the annual dairy inspection round it was found that the farm dairy effluent disposal system was not operating within resource consent conditions on Rakaupiko Road, Patea. An abatement notice was issued requiring works to be undertaken to the farm dairy effluent disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection.

84 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Compliance Monitoring - Non-compliances from previous agendas

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

08 Apr 2019 332119-204 Compliance Monitoring Non-compliance Schlumberger New Zealand R2/7559-1.4 EAC-22699 - Infringement No Further Update ENF-21983 Insp. Limited (51451) R2/7591-2.1 Notice ($750) Action/Costs Surrey Road Landfarms Recovered Limited (32728)

Comments: During routine monitoring it was found that a landfarm site on Surrey Road, Tariki was not operating within resource consent conditions. Investigation found that storage pits were discharging to a drain instead of being irrigated onto land. Samples of the discharge and receiving waters were taken. Inspection of the irrigation area found that although no irrigation was being undertaken at the time of inspection, there was evidence that irrigation had occurred earlier.

09 Apr 2019 332119-207 Annual Inspection Significant non- Nigel Douds (2855) R2/3037-2 EAC-22639 - Abatement Investigation Update ENF-21975 compliance Notice Continuing EAC-22640 - Explanation Requested - Letter

Comments: During the annual dairy inspection round it was found that the farm dairy effluent disposal system was not operating within resource consent conditions on Upper Duthie Road, Kaponga. An abatement notice was issued requiring works to be undertaken to the farm dairy effluent disposal system to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection. A letter of explanation was received. Further enforcement action is being considered.

10 Apr 2019 332119-215 Annual Inspection Significant non- Vincent Thomas & Barbara R2/3522-2 EAC-22655 - Explanation Investigation Update ENF-21991 compliance Kalin (15531) Requested - Letter Continuing

Comments: During the annual dairy inspection round it was found that the farm dairy effluent disposal system was not operating within resource consent conditions and was also in contravention of Abatement Notice EAC-21558 issued as a result of a previous non-compliance at Wiremu Road, Okato. A letter of explanation was received. Enforcement action is being considered.

85 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Compliance Monitoring - Non-compliances from previous agendas

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

11 Apr 2019 332119-213 Chemical Sampling Non-compliance Tegel Foods Limited - Poultry R2/3470-4.0 EAC-22695 - Infringement No Further Update ENF-21989 Survey Processing Plant (9844) Notice ($750) Action/Costs Recovered

Comments: During analysis of samples taken during a wet weather run, it was found that the BOD in the discharge sample was above allowable limits in resource consent conditions at a poultry processing site at De Havilland Drive, Bell Block.

11 Apr 2019 332119-197 Annual Inspection Significant non- Mr Darrell Hickey (10673) R2/3796-2 Investigation Update ENF-22010 compliance Continuing

Comments: During the annual dairy inspection round it was found that the farm dairy effluent disposal system was not operating within resource consent conditions and was also in contravention of Abatement Notice EAC-21816 issued as a result of a previous non-compliance at Upper Puniho Road, Okato. A reinspection was undertaken and it was found that the abatement notice was being complied with at the time of inspection. Further enforcement action is being considered.

11 Apr 2019 332119-212 Chemical Sampling Non-compliance Tegel Foods Limited - Feedmill R2/2335-4.0 EAC-22694 - Infringement No Further Update ENF-21988 Survey (9994) Notice ($750) Action/Costs Recovered

Comments: During analysis of samples taken during a wet weather run, it was found that the BOD in the discharge sample was above allowable limits in resource consent conditions at a poultry feedmill site at Road, Bell Block.

86 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Compliance Monitoring - Non-compliances from previous agendas

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

12 Apr 2019 332119-206 Office Assessment Non-compliance Ravensdown Fertiliser Co- R2/10513- EAC-22667 - Abatement No Further Action Update ENF-21974 operative Limited - NEW 1.0 Notice At This PLYMOUTH (9424) EAC-22638 - Explanation Stage/Costs Requested - Inspection Recovered Notice

Comments: During analysis of samples taken during routine monitoring it was found that the discharge from the new site pond outlet exceeded allowable consent limits for ammoniacal nitrogen and carbonaceous biochemical oxygen demand. An abatement notice was issued requiring a short term plan of action of works to be undertaken to be submitted to this Council and for works to be undertaken to ensure compliance with resource consent conditions. Reinspection found that the abatement notice was being complied with at the time of inspection. Further works are planned to ensure compliance. A letter of explanation was received.

17 Apr 2019 332119-220 Compliance Monitoring Non-compliance South Taranaki District Council R2/3952-2 No Further Update ENF-22008 Insp. (9623) Action/Costs Recovered

Comments: During routine monitoring of the closed Manaia Landfill it was found that the lessee of the land had installed water troughs on the capped area that were situated in locations that could potentially impact stormwater runoff. Poor stock management had resulted in damage to the cap around feedpad areas. Works have been undertaken to remove the trough and reinstate stormwater drains. An explanation was requested Reinspection found that the site was compliant with consent conditions.

14 May 2019 332119-222 Compliance Monitoring Non-compliance Taranaki Sawmills Limited R2/3491-2 Investigation Update ENF-22018 Insp. (10015) Continuing

Comments: During analysis of samples taken during routine monitoring it was found that the dissolved zinc level was above the allowable limit for a timber treatment site at Katere Road, New Plymouth. The levels in sample results have been trending upwards since January 2018. The Company questioned the source of the zinc. Further sampling indicated there was a source of zinc on the site. Enforcement action is being considered.

87 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Updates of Compliance Monitoring - Non-compliances from previous agendas

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

15 May 2019 332119-217 Compliance Monitoring Non-compliance NZ Transport Agency (14205) R2/6221-1 EAC-22706 - Infringement No Further Update ENF-21997 Insp. Notice ($750) Action/Costs EAC-22665 - Explanation Recovered Requested - Letter

Comments: During routine monitoring it was found that the stock truck effluent disposal system was not operating within resource consent conditions at State Highway 3, . The discharge was also in contravention of Abatement Notice EAC-21145, issued in 2016. Photographs and samples were taken. A letter of explanation was received.

88 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliance Monitoring - Non-compliances for the period 24 May 2019 to 30 Jun 2019

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

17 Apr 2019 332119-225 Compliance Monitoring Non-compliance New Plymouth District R2/10595-1.0 Investigation ENF-22026 Insp. Council (9565) R2/10594-1.0 Continuing WSP-Opus (55852)

Comments: During routine monitoring it was found that the works had not been undertaken in accordance with plans submitted to this Council, for the installation of a culvert and removal of a weir, at the corner of Otaraoa Road and Tikorangi Road, Tikorangi. An explanation was received. Enforcement action is being considered.

28 May 2019 332119-229 Advice & Information Non-compliance PKW Farms LP (16762) R2/10484-1.0 No Enforcement Action - No Further ENF-22044 Statutory defence Action/Costs Recovered

Comments: Self-notification was received that due to a power surge (reason unknown, probably due to a storm event), data from the data logger for the 2018-2019 season was unable to be retrieved for a groundwater bore water take at Hastings Road, Matapu. An explanation was received and accepted. The data logger has been repaired.

29 May 2019 332119-195 Compliance Monitoring Non-compliance Ample Group Limited R2/5176-2.0 EAC-22693 - Infringement No Further ENF-21962 Insp. (52845) Notice ($500) Action/Costs EAC-22626 - Abatement Recovered Notice

Comments: During routine monitoring it was found that the flow meter was not operational and not logging water abstraction data at a property at Mountain Road, Stratford. Abstraction data had not been supplied to this Council for the period of 19 January 2019 to 5 March 2019. The Company is under new management. An abatement notice was issued requiring resource consent conditions to be complied with. Further investigation found that a new flow meter was installed but failed the verification. The abatement notice was not complied with. A further reinspection undertaken on 11 July found that the abatement notice was still not being complied with. Further enforcement action is being considered.

89 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliance Monitoring - Non-compliances for the period 24 May 2019 to 30 Jun 2019

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

31 May 2019 332119-223 Compliance Monitoring Non-compliance EJ & MA Whiting (69093) R2/4692-2 EAC-22685 - Abatement No Further ENF-22019 Insp. Notice Action/Costs Recovered

Comments: During routine monitoring it was found that there were non-compliances at a Poultry farm on Airport Drive, Bell Block. Two sandtraps were full and overflowing, a small amount of poultry litter had been piled in a paddock where there was no bunding and some washwater was discharging into the neighbouring property. An abatement notice was issued requiring consent conditions to be complied with. Reinspection found that the abatement notice was being complied with at the time of inspection.

05 Jun 2019 332119-227 Compliance Monitoring Non-compliance Port Taranaki Limited R2/0197-2.1 EAC-22714 - Explanation Investigation ENF-22037 Insp. (26226) Requested - Letter Continuing

Comments: During analysis of samples taken during routine monitoring it was found that suspended solids were above allowable limits at two discharge points at Port Taranaki. A letter requesting explanation was sent. Enforcement action is being considered.

12 Jun 2019 332119-226 Compliance Monitoring Non-compliance Jones Quarry Limited R2/4912-2 EAC-22702 - Abatement No Further ENF-22027 Insp. (30989) Notice Action/Costs Recovered

Comments: During routine monitoring it was found that unauthorised items in a cleanfill at Hydro Road, New Plymouth, had been dumped in contravention of resource consent conditions. An abatement notice was issued requiring unauthorised materials to be removed, and for no further unauthorised materials to be accepted at the cleanfill site. Reinspection found that the abatement notice was being complied with at the time of inspection.

90 Consents and Regulatory Committee - Incident, Compliance Monitoring Non-compliances and Enforcement Summary

Compliance Monitoring - Non-compliances for the period 24 May 2019 to 30 Jun 2019

Inspection Job Number Compliance Consent Inspection Type Alleged Responsible Party Action Taken Recommendation Date IRIS ID Status Number

14 Jun 2019 332119-228 Compliance Monitoring Non-compliance NZ Forestry Limited (51862) PA/20068-01 No Further ENF-22030 Insp. Action/Costs Recovered

Comments: During routine monitoring it was found that a forestry harvesting site was not being operated within best practise, as per National Environmental Standards for Forestry, at Tarata Road, Tarata. Some slash was found in a waterbody and earthworks were within five metres of the waterbody. The site operator was spoken to and they explained that the majority of the slash was wind thrown and the track had been installed to allow the clean up of the slash in the stream. Reinspection found that the site was compliant at the time of inspection.

91 Consents and Regulatory Committee Public Excluded

In accordance with section 48(1) of the Local Government Official Information and Meetings Act 1987, resolves that the public is excluded from the following part of the proceedings of the Consents and Regulatory Committee Meeting on Tuesday 23 July for the following reason/s:

Item 7 - Prosecution

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

Item 8 - Prosecution

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