BEFORE THE SPECIAL TRIBUNAL FOR THE NGARURORO AND CLIVE RIVERS WATER CONSERVATION ORDER IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of a Special Tribunal appointed under section 202 of

the Act to consider an application for a Water Conservation Order made by New Zealand Fish and Game, the Hawkes Bay Fish and Game Council, Ngati 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 Ngaruroro River and Clive River

STATEMENT OF EVIDENCE OF CONNIE DIANE NORGATE

FOR THE DIRECTOR-GENERAL CONSERVATION

Department of Conservation

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QUALIFICATIONS AND EXPERIENCE 1. My name is Connie Diane Norgate.

2. I am Operations Manager for the Department of Conservation Hawkes Bay District. I

have been in this role since January 2017. This is a very diverse role managing all of the

biodiversity, recreation, historic and community conservation work on public

conservation land within the Hawkes Bay District. The management boundaries are the

Waikare river mouth north of Tutira, all of the coastal and marine area south to

Porangahau and inland to the Northern Ruahines, across to the Kaweka Forest Park and

the Maungaharuru Range.

3. My background includes 10 years working for Department of Conservation (the

Department), including 6 years in Whanganui and Taranaki and 2.5 years as Operations

Manager on the Chatham Islands.

4. I am currently the chair of the Guardians of the Hawkes Bay Biodiversity Strategy and I

sit on the project and governance leadership teams for Cape to City and Poutiri Ao o

Tane landscape scale biodiversity projects within the Hawkes Bay.

CODE OF CONDUCT

5. I have read and agree to comply with the Code of Conduct for Expert Witnesses

produced by the Environment Court. My qualifications as an expert are set out above.

Other than any matters identified within my evidence as being from other experts, I

confirm that the issues addressed in this brief of evidence are within my area of

expertise. I have not omitted to consider material facts known to me that might alter or

detract from the opinions expressed.

EXECUTIVE SUMMARY

6. My evidence supports the natural heritage values of the Upper Ngaruroro as it stands

and the benefits of this from a recreational perspective for the public of New Zealand.

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7. It highlights statutory management plans and obligations that guide the work of the

Department along with a list of the work that is undertaken currently. My evidence does

not cover all the good work done by private groups, iwi and landowners.

8. The benefits of the natural state water quality is also highlighted in my evidence,

recognising the quality of the water in terms of its ability to support sustainable

populations of endangered species such as whio.

9. Maps (in Appendix 1) show the catchment with all of the tributaries, which clearly

identifies the size and reach but equally the risks and opportunities.

SCOPE OF EVIDENCE

10. My evidence covers the following matters:

a. The Department of Conservation’s land tenure;

b. Statutory plans and obligations;

c. Natural state water quality;

d. The Departments facilities and sites along the Ngaruroro river;

e. Whio habitat; and

f. The Ngaruroro Ecosystem Management Units.

THE DEPARTMENT’S LAND TENURE

11. Whilst the bulk of the Ngaruroro catchment above the cableway is in the Kaweka and

Ruahine forest parks there are number of other managed land tenures that sit either

partially or completely within the catchment. Maps showing the Department’s estate is

included in Appendix 1. See figures 1 and 2 for photos of the Ngaruroro River.

12. Conservation Parks:

a. Kaweka Forest Park is a Conservation Park of 59,425ha.

b. Ruahine Forest Park is a Conservation Park of 95,628ha.

c. The very upper reach of the catchment is in the Kaimanawa Forest Park which is

a Conservation Park of 75956ha a small percentage of which is in the Ngaruroro

Catchment.

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Figure 1: Ngaruroro River

Figure 2: Ngaruroro River

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13. Stewardship Areas:

a. Ruahine Forest (East) Conservation Area which is a Stewardship Area of 1123ha

and is entirely with the Ngaruroro Catchment

b. Awarua Conservation Area which is a Stewardship Area of 3886ha it is entirely

within the Ngaruroro catchment.

14. Nature Reserve:

a. Fern Bird Bush Nature Reserve a Nature Reserve of 30ha in the upper reaches of

the Omahaki Stream.

15. Esplanade Reserve:

a. Omahaki Esplanade Reserve a Local Purpose Reserve vested in the Department

of Conservations, 33ha running along the Omahaki Stream.

16. A large proportion of the upper catchment is also private land:

Land tenure Hectares

Total Public Conservation Land 41,108

Total owned by iwi and landowners 70,347

Total Ngaruroro Catchment above the Whanawhana cableway

111,456

There are two significant QEII covenants one of approximately 3650ha on Timahanga

Station and another near Pohokura of approximately 756ha.

STATUTORY PLANS AND OBLIGATIONS

Hawke’s Bay Conservation Management Strategy

17. The management objectives of the Hawkes Bay Conservation Management Strategy

(guiding document for the management of public conservation land) as it relates to the

Ngaruroro catchment are set out below.

2.1.10 – Management Objectives

v. To advocate by statutory and non-statutory processes the protection of rivers,

streams and wetlands which have high natural, historic or recreation values. The headwaters

of several major North Island rivers (Rangitikei, Mohaka, Ngaruroro, Tutaekuri, and

Manawatu across the mountain lands) have high natural, historic and recreation values, as do

smaller streams and rivers in the area.

x. To manage Kaweka and Ruahine Forest Parks in accordance with the Kaweka

Forest Park Conservation Management Plan, 1991 and the Ruahine Forest Park

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Conservation Management Plan 1992, respectively. The overall objectives in those

conservation management plans are as follows:

“The management objectives for the Park(s) are derived from S19(1)(a) and (b) of the

(Conservation) Act and reflect the requirement to firstly protect the natural values of the

area, and secondly to facilitate appropriate recreational use and enjoyment”) (Kaweka and

Ruahine Forest Parks Conservation Management Plans).

2.4.7 – Threats/Issues

Integrated land management

Most areas managed by the department are small survivors of land development and

settlement. Because of their smallness they are more vulnerable to outside influences.

Greater consideration needs to be given to maintaining and enhancing natural processes

across all lands (integrated management) and of achieving corridors in cooperation with

other land owners. This is of great importance for the survival of native wildlife.

Kaweka Forest Park Management Plan

18. The relevant objectives and policies from the Kaweka Forest Park Management Plan are

set out below:

2.1.2 – Recreational Importance

The Kaweka Rangers are an important recreational resource for Hawke’s Bay and Central

North Island people with a long history of use for hunting and tramping in particular.

Three major rivers run through the Park – the Ngaruroro, Mohaka and Tutaekuri. The

Ngaruroro and Mohaka provide angling, rafting and canoeing opportunities of national

significance. These values are well documented in a number of publications.

5.1.3 – Advocacy

(i) The Department will liaise with and seek the co-operation of landowners, local

authorities, state owned enterprises and government agencies to encourage land uses

adjacent to the Park that are compatible with conservation of the area’s natural

values, and to minimise the impact of activities that may be detrimental to, or

detract from park values.

5.1.4 – Soil and Water Conservation

(i) The Park will managed so that as far as possible and quality and quantity of waters

are maintained in a natural state or enhanced

(iv) The Department will support the completion of a National Water Conservation

Order for the Mohaka River. It will investigate, and if appropriate, seek a water

conservation order for the Ngaruroro River in co-operation with the Tongariro-

Taupo Conservancy of the Department of Conservation.

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5.1.17 – Hydroelectric Power Generation

Any proposals for hydro-electric development within or adjoining the Park which could

compromise park values will be opposed.

Explanation

Hydro developments are generally inconsistent with the protection of park values and the

Department will oppose any proposal that impact on the Park.

Two significant wild and scenic rivers, the Mohaka and Ngaruroro flow through the Park.

These rivers have been investigated for their hydro development potential. Several potential

sites have been identified but most likely sites are outside park boundaries. There has been

one serious proposal in the past a development site within the Park, near the junction of the

Ngaruroro and Taruarau Rivers.

…The Department also plans to investigate the appropriateness of a NWCO for the

Ngaruroro River. In the light of the outstanding values of these rivers, any proposal to

develop their hydro potential would be closely scrutinised by the Department and opposed if

these values would be downgraded.

Kaimanawa Forest Park Management Plan

19. The relevant objectives and policies from the Kaweka Forest Park Management Plan are

set out below:

6.1.4 Indigenous Fauna

Objective a: to minimise the decline of indigenous fauna diversity within the EMAs.

6.4 Water and Catchment

Objective a: to manage water quality and quantity for the protection of intrinsic,

scenic, ecological, cultural and recreational values, both within the park and downstream.

Policy 4: The The gazettal of water conservation orders for the Ngaruroro, Tauranga, Taupo,

Waitahanui and Hinemaiaia river systems will be investigated.

NATURAL STATE WATER QUALITY

20. Natural state and water quality is important for environmental and biodiversity aspects as

well as for the aesthetic, amenity and recreational values it provides for users (see figures

3-6).

21. Water quality in the upper catchment of the Ngaruroro is excellent, with all the parameters

in the Hawkes Bay Regional Council state of the Environment 5-yearly report (2009-2013)

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indicating near pristine water quality at both the monitoring sites above the Whanawhana

cableway, being the Kuripapongo and Taruarau Stream monitoring sites.

22. Macroinvertebrate Community Index (MCI) was rated as excellent at both monitoring

sites (see figure 2). Whilst a high MCI score is an indicator of good water quality it is also

an indicator of good fish habitat with the invertebrates being the main food source for

native and trout fisheries.

23. On NIWA’s “League table of the suitability of New Zealand rivers for contact recreation”

the Ngaruroro at Kuripapongo ranks 3rd out of 77 rivers nationally in the National Rivers

Water Quality Network. (See figure 1 for a view of Ngaruoro from Kuripapongo).

24. Kuripapango Camp ground is one of the most popular camp grounds managed by the

Department in the Hawkes Bay. Many of its users are there to enjoy the swimming and

recreation as well as trout fishing in the nearby Ngaruroro and its tributaries.

Figure 3: Photo of the Ngaruroro from Kuripapango

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Figure 4: One four-metre sweep with the Electro-fishing machine produces this much fish

food

25. The Ngaruroro river is a popular trip for both rafters and kayakers with many people

flying into the Boyd Hut to start a 5-day journey guided tour (or unguided) down the river.

26. Fishers helicopter or tramp into the Ngaruroro to fish for trout. Whilst many hikers and

hunters use our forest parks to enjoy the aesthetics of the pristine water of the Ngaruroro

and is tributaries.

27. The high water quality is also vital for bird life in the upper catchment, particularly whio

which primarily feed on invertebrates and need high clarity to catch their prey, so a good

Macroinvertebrate Community Index (MCI) and Low turbidity are required for whio.

28. Most of our native fish are carnivorous so need high clarity and high MCI counts.

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Figure 5: Ngaruroro Headwaters

Figure 6: Kakekino Stream

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Figure 7: Mangataramea Stream

Figure 8: Longfin eel (Anguilla dieffenbachia) Waikarekare Stream

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THE DEPARTMENT’S FACILITIES AND SITES ALONG THE NGARURORO RIVER

29. The Department services at least 25 huts or bivouacs and plus 1 campground in the upper

Ngaruroro catchment. 8 huts or bivouacs plus the campground are right next to the

Ngaruroro main stem. Examples of these can be seen in figures 7-9.

Figure 9: Robsons Lodge Kuripapango

Figure 10: Tussok Hut

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Figure 11: Boyd Hut

OVERVIEW OF THE DEPARTMENT’S WORK IN THE AREA (INCLUDING OSPRI

PEST CONTROL) AND ANY INDIGENOUS BIODIVERSITY PROGRAMMES

30. Pest control and biodiversity programmes are outlined below:

a. Ruahine Whio Trapping and monitoring programme.

b. Wilding pine control.

c. Weed management at Twin Lakes.

d. Kaweka Mountain Beech Project.

e. Beech Mast Seed fall (understanding the response of rats and stoats).

f. Kiwi care – creche and re-releasing of kiwi chicks monitoring and trapping.

31. OSPRI is planning a suite of pesticide operations in the Ruahine and Kaweka Forest

Parks:

a. October 2017 Ruahine operation in the southern-most part of the Ngaruroro

catchment;

b. Mid-2018 is 772ha of Kaweka Forest park roughly from where the Ngaruroro leaves

the forest part to the Napier Taihape Road;

c. Another in 2018 in the central Kaweka 11,420ha; and

d. In 2019 Northern Kaweka 22,288ha.

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32. It is expected these operations, whilst targeting possums for management of tuberculosis,

will have a large secondary by-kill on other predators and mammalian pests i.e. ferrets,

stoats, feral cats, rats. The operations will therefore improve the survival and breeding

success of fauna in the catchment.

WHIO HABITAT

33. Regular communications are received regarding sightings of whio on the Ngaruroro. The

majority of data is from older records and mostly from the northern Ruahine area, with a

scattering along the Ngaruroro river and some neighbouring tributaries, typically near huts.

34. The northern Ruahine sightings cover only a small portion of the overall upper catchment.

The Ruahine area receives the additional benefit of predator control (trapping and toxin).

35. The general feel from bird enthusiasts is that whio numbers in the catchment are growing,

especially where supported by predator control.

36. Hawke’s Bay Regional Council have reported a macroinvertebrate community index at the

Kuripapango sampling site as excellent (over 120).

37. Overall, predation, flooding events and a lack of knowledge (limited number of surveys)

are likely the major reasons for the limited known whio populations in the area.

THE NGARURORO ECOSYSTEM MANAGEMENT UNITS (EMU)

38. Two of the Department’s Ecosystem Management Units (EMU) are within the Ngaruroro

Catchment above the Cableway there is the Harkness Makino EMU.

39. Also, the Tutaekuri Headwater which whilst largely in the Tutaekuri catchment does

encompass the Kaweka Lakes that are in the Ngaruroro’s catchment. These lakes hold

significant natural and cultural value.

40. Another EMU not in the upper catchment is the Ngaruroro River from the Cableway to

the Chesterhope bridge.

Connie Diane Norgate

27th October 2017

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APPENDIX 1: MAPS WITH AN OVERLAY OF THE DEPARTMENT’S ESTATE IN

THE UPPER REACHES, INCLUDING STREAM LENGTHS AND LOCATION OF

HUTS/CAMPSITES/FACILITIES

Upper Ngaruroro Waterways (1716km of waterway above the Whanawhana Cableway).

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Upper Ngaruroro Catchment.1

1 For the purposes of the hearing a live map will be used.