BEFORE THE SPECIAL TRIBUNAL FOR THE NGARURORO AND CLIVE RIVERS WATER CONSERVATION ORDER AT NAPIER IN THE MATTER of the Resource Management Act 1991 (the Act) IN THE MATTER of a Special Tribunal appointed under s202 of the Act to consider an application for a Water Conservation Order made by New Zealand Fish and Game Council, the Hawke’s Bay Fish and Game Council, Ngāti Hori ki Kohupatiki, Whitewater New Zealand, Jet Boating New Zealand, and the Royal Forest and Bird Protection Society of New Zealand (the Applicants) in relation to the Water Conservation Order The Special Tribunal Richard Fowler QC (Chair) Alec Neill Dr Roger Maaka Dr Ngaire Phillips John McCliskie STATEMENT OF EVIDENCE OF DR VAUGHAN FRANCIS KEESING (ECOLOGY) ON BEHALF OF HORTICULTURE NEW ZEALAND 25 January 2019 Helen Atkins/Nicole Buxeda PO Box 1585 Shortland Street AUCKLAND 1140 Solicitor on the record Helen Atkins [email protected] (09) 304 0421 Contact solicitor Nicole Buxeda [email protected] (09) 304 0429 CONTENTS INTRODUCTION........................................................................................................ 3 EXECUTIVE SUMMARY ............................................................................................. 3 QUALIFICATIONS AND EXPERIENCE ....................................................................... 4 BACKGROUND AND ROLE ...................................................................................... 6 SCOPE OF EVIDENCE .............................................................................................. 6 DETERMINING OUSTANDING .................................................................................. 6 Assessment of Outstanding ....................................................................................... 6 The data ...................................................................................................................... 8 THE RESULTS .............................................................................................................. 9 Natural State ............................................................................................................... 9 Aquatic characteristics compared nationally. ...................................................... 9 Water Quality ............................................................................................................ 10 Aquatic Macroinvertebrates .................................................................................. 14 Fish diversity ............................................................................................................... 14 Avian fauna .............................................................................................................. 16 SUMMARY .............................................................................................................. 18 THE EVIDENCE OF OTHERS .................................................................................... 19 Water quality ............................................................................................................. 19 CONCLUSION ........................................................................................................ 25 ATTACHMENTS Attachment 1: “Aquatic ecology of the lower Ngaruroro River: ecological assessment and comparison at a local, regional and national scale.” Boffa Miskell Limited (BML Report), 20 February 2018 Attachment 2: NIWA map of Torrent fish distribution Attachment 3: Scoring table from Hughey et al 2012 – labelled “Significance assessment calculations for native fish life in the Hawke’s Bay” 2 INTRODUCTION 1. My name is Vaughan Francis Keesing. 2. I am a Senior Ecologist and Partner with the consulting firm of Boffa Miskell Limited, Wellington. 3. My evidence is given in relation to the application for a water conservation order (WCO) on the Lower Ngaruroro River, Hawkes Bay, for Horticulture NZ. EXECUTIVE SUMMARY 4. The lower Ngaruroro River is significant and valuable as aquatic habitat but it is not “outstanding” at a national scale. 5. This conclusion is from an understanding that “outstanding” is a rigorous test using a national ranking comparison, at least in terms of measurable biotic attributes. 6. The lower river has values despite the high level of modification. It maintains good water quality (as a general statement) and is a significant natural area. Its aquatic biotic characteristics do not rank it amongst the top 10% of National large rivers. The seasonal population level of black fronted dotterel may be the exception. 7. The threatened black fronted dotterel has a potential population in the lower river that, under the threshold adopted, could be considered “outstanding” on a national scale (i.e. at any one time, the reach supports 5 % or more of the national population of this species). That said the population data is old and my assessment is based on estimates towards the lower end of various survey data. More recently the dotterel’s national total population numbers appear to have stabilised towards the higher end of the survey range reported. If so the lower Ngaruroro River will not harbour 5 or more % of the total NZ population (the threshold) and therefore would not be outstanding for that characteristic. 8. The lower river has low levels of nutrients as compared with the lowland portions of nine other large Hawke’s Bay rivers. There are issues with dissolved oxygen, water clarity, and E. coli levels. The water quality in the lower Ngaruroro River does not to rank within the top 10% of rivers when compared against the lowland sections of 16 national rivers. 9. The aquatic macroinvertebrate fauna of the lower Ngaruroro River, when compared against 16 national lowland rivers, ranked eighth equal for mean and median values. This suggests, whilst the MCI score is suggestive of good water quality, it is well outside of 3 the top 10% of national lowland rivers, and, therefore, also all national large rivers. 10. The fish community of the lower Ngaruroro River is regionally important as it has the highest taxa richness, including the highest number of native taxa, and it has the highest number of threatened or at risk taxa of the nine other major Hawke’s Bay rivers. At a national scale, native taxa richness places the lower Ngaruroro in the top 10% of a set of national lowland rivers (5th of 17 I tested). When a wider set of rivers nationally are compared (as I believe the “outstanding” test requires) the Ngaruroro ranks 31st which is just outside of the 10% threshold. When the comparison is weighted for at risk and threatened taxa it ranked 54th (of 303) and in that scenario is outside of the top 10% (it is in the top 18%). QUALIFICATIONS AND EXPERIENCE 11. I hold the qualifications of Doctor of Philosophy (PhD) in Ecology, BSc (Hons 1st class) in Zoology, and a Diploma in Research Statistics. 12. My skills lie in ecology. I have specialist skills in the areas of limnology (freshwater ecology), entomology (invertebrate ecology), and botany. The majority of my work over the last 20 years has been aquatic in nature. 13. After a Post-Doctoral research fellowship at Lincoln University, I began practising as a consulting ecologist and have done so for the last 21 years. I have worked in a variety of locations across New Zealand including the West Coast, Canterbury, Central North Island, Lower North Island, the Far North, Auckland Region and the Bay of Plenty. 14. During my time as a consultant ecologist I have been engaged in many small to very large projects and have undertaken assessments and work that has led to the preparation and delivery of over 40 briefs of evidence, 20 of those at the Environment Court and three for Boards of Inquiry. 15. This work has included significance and ecological values assessments of many systems and habitat types. Relevant to the evidence I present today in terms of experience are: (a) Assessments of regionally significant rivers and the effects of roads (for: Transmission Gully, Northern Gateway, Mackays to Peka Peka); 4 (b) Assessments of rivers affected by damming and irrigation storage (for: Wairau hydro-electric power scheme, Waitaki hydro-electric power scheme, Coleridge Hydro- electric power scheme, Arnold hydro-electric power scheme, Hurunui irrigation project, Waitohi irrigation dams); (c) Assessments of habitat (aquatic and wetland) requirements and quality and value related to water conservation orders (i.e. the Hurunui River WCO, and the Rakaia WCO (proposed variation)). (d) Waikanae River recharge programme, Kapiti District. Four years of monthly summer period monitoring of water quality, periphyton, fish and aquatic macroinvertebrates to characterise natural variation in the Waikanae River. (e) Natural Character assessment of the Kapiti District Coast. Assessment of biophysical attributes as a component of a natural character assessment. (f) In determining values and significance I have also undertaken projects that have required specific values assessments, and these include: i. Determining significant wetlands of the West Coast Region; Ashburton SNA process, Rangitahi Protected Natural Areas survey, significance assessments in over 150 Franklin District Conservation lots, 50 Western Bay of Plenty lots. ii. Over 20 subdivisions (e.g. Omaha South (Darby Partners), Long Bay (Landco) Pegasus Bay (Infinity Co)), and a number of plan changes (e.g. Porters Ski field expansion), 16. Most of my work over the last 20 years has been in rivers, streams and wetlands sampling