of the board of inquiry into the - epa · 2019. 4. 6. · hearing dated 19 january 2014 (exhibit...

Draft Report and Decision of the Board of Inquiry into the

Tukituki Catchment Proposal

Volume 2 of 3: Appendices

Produced under Section 149Q of the Resource Management Act 1991

Published by the Board of Inquiry into the Tukituki Catchment Proposal

Dated: April 2014

Contents

Appendix 1: Appearances during the hearing

Appendix 2: Alphabetical listing of technical reports supporting Plan Change 6 and the Ruataniwha Water Storage Scheme

Appendix 3: Board’s decisions on the matters raised in the submissions and further submissions concerning Plan Change 6

Appendix 4: Clean copy of Plan Change 6 as the end of the Tukituki Catchment Proposal Hearing dated 19 January 2014 (Exhibit 90)

Appendix 5: Plan Change 6 final (track changed version) as determined by the Board of Inquiry dated April 2014

Appendix 6: The matters applied for from Hawke’s Bay Regional Council and Hawke’s Bay Regional Investment Company

Appendix 1

Appearances during the hearing

Name of Representative Party Helen Codlin The applicants Iain Maxwell The applicants Graeme Hansen The applicants Benita Waina Wakefield The applicants Tim Sharp The applicants Husam Baalousha The applicants Robert Waldron The applicants Paul Barrett The applicants David Wheeler The applicants Richard McDowell The applicants David Wheeler The applicants Ian Millner The applicants John Hayes The applicants Anna Madarasz-Smith The applicants Chris Cornelisen The applicants Robert John Wilcock The applicants Vaughan Keesing The applicants Gerry Kessels The applicants Stuart Parsons The applicants John Craig The applicants Tim Fisher The applicants James Christopher (Kit) Rutherford

The applicants

Roger Young The applicants Gavin Lister The applicants Adam Uytendaal The applicants Olivier Ausseil The applicants Simon Harris The applicants Simon Bickler The applicants Rob van Voorthuysen The applicants Michelle Frey The applicants Mark Chrisp The applicants Stephen Daysh The applicants Andy Borland Mr Apple NZ Limited Richard Hill Mr Apple NZ Limited John Wilton Mr Apple NZ Limited John Bright Mr Apple NZ Limited Richard Peterson Mr Apple NZ Limited David Renouf Hawke’s Bay Environmental Water Group Lindsay Smith Ingleton Farms Ltd Ella Bacher Ingleton Farms Ltd and Bel Group Ltd John M Bostock JM Bostock Ltd Greg Sneath Fertiliser Association of New Zealand John Bright Ruataniwha Water Users Group and Mr Apple NZ Limited Julian Weir Ruataniwha Water Users Group

Name of Representative Party Ian McIndoe Mr Apple NZ Limited and Ruataniwha Water Users Group Andrew Bashford Ruataniwha Water Users Group Jeremy David Dunningham Jeremy David Dunningham Mike Peterson Beef and Lamb NZ Alec Mackay Beef and Lamb NZ

Sylvia Allan Central Hawke’s Bay District Council and Hastings District Council Stephen Thrush Central Hawke’s Bay District Council

Mike Joy Royal Forest and Bird Protection Society of New Zealand, Hawke’s Bay Environmental Water Group and Ngati Kahungunu Iwi

Vaughan Cooper Royal Forest and Bird Protection Society — Hastings/Havelock North Branch

Dan Elderkamp Royal Forest and Bird Protection Society — Central Hawke’s Bay Branch Stuart Ford Horticulture NZ and others Kelvin Lloyd Te Taiao Hawke’s Bay Environmental Forum John Cheyne Te Taiao Hawke’s Bay Environmental Forum Christopher Keenan Horticulture NZ and others Philip Jordan Horticulture NZ and others Tim Baker Horticulture NZ and others Kolt Johnson Horticulture NZ and others Hamish Peacock Horticulture NZ and others Peter Reaburn Environmental Defence Society Marie Brown Environmental Defence Society Kate McArthur Environmental Defence Society David Wansbrough Ministry for Primary Industries Hamish McHardy Arden Properties, Tukituki Ltd David Werrey David Werrey Brian Chambers Brian Chambers June Graham June Graham Nicholas Jones Hawke’s Bay District Health Board Xan Harding Harding Family Trust Xan Harding Hawke’s Bay Winegrowers Association Tim Aitken Steyning Deer Farm Sharleen Baird Sharleen Baird Christie Grenville Christie Grenville Patrick Kane Patrick Kane Arthur Rowlands Katoa Farm Ltd Roger Maaka Te Taiwhenua o Tamatea Jonathon Abell Hawke’s Bay and Eastern Fish and Game Council Peter McIntosh Hawke’s Bay and Eastern Fish and Game Council Russell Death Hawke’s Bay and Eastern Fish and Game Council

Dennis Page Federated Mountain Clubs of NZ Inc Gilbert Zemansky Hawke’s Bay and Eastern Fish and Game Council Anthony Rhodes Hawke’s Bay and Eastern Fish and Game Council Alison Dewes Hawke’s Bay and Eastern Fish and Game Council

Name of Representative Party James Aitken James Aitken Richard and Helen Ellis Papawai Partnership Helen Marr Hawke’s Bay and Eastern Fish and Game Council Phillip Percy Hawke’s Bay and Eastern Fish and Game Council Gerard Pain Gerard Pain Adrienne Tully Adrienne Tully Quentin M Bennett Quentin M Bennett Daniel Stabler Daniel Stabler Phyliss Tichinin Phyllis Tichinin Lisa Poynton and Brent Oliver Brownrigg Agriculture Group Ltd

Andrew Curtis Irrigation NZ Corina Jordan Hawke’s Bay and Eastern Fish and Game Council Megan Rose Megan Rose Robert Buchanan Buchanan Trust No 2 (Robert Buchanan) William Buchanan William Buchanan Larry Dallimore Larry Dallimore Richard Lawson Hawke’s Bay Deer Farmers Association Tim Aitken Hawke’s Bay Deer Farmers Association Grant Charteris Hawke’s Bay Deer Farmers Association Duncan Holden Hawke’s Bay Deer Farmers Association Richard Hilson Hawke’s Bay Deer Farmers Association Paula Fern Paula Fern Angus Robson Angus Robson Craig Preston Craig Preston Trust Paul Bailey Paul Bailey Ngapuoterangi Hohepa Koro Te Whaiti Ngapuoterangi Hohepa Koro Te Whaiti

Amelia McQueen Amelia McQueen Christopher Perley Christopher Perley Garth Eyles Garth Eyles Ian McIntosh Ian McIntosh Sara Gerard Gerard Land Design Moana Jackson Ngāti Kahungunu Iwi Incorporated and others Tom Mulligan Ngāti Kahungunu Iwi Incorporated and others Bayden Barber Ngāti Kahungunu Iwi Incorporated and others Margie McGuire Ngāti Kahungunu Iwi Incorporated and others Te Kipa Kepa Morgan Ngāti Kahungunu Iwi Incorporated and others Hira Huata Ngāti Kahungunu Iwi Incorporated and others Ngatai Huata Ngāti Kahungunu Iwi Incorporated and others Shade Smith Ngāti Kahungunu Iwi Incorporated and others Maurice Black Ngāti Kahungunu Iwi Incorporated and others Marei Apatu Ngāti Kahungunu Iwi Incorporated and others Adele Whyte Ngāti Kahungunu Iwi Incorporated and others Rawiri Johnston Rawiri Johnston Christine Cheyne Christine Cheyne

Name of Representative Party Eugenie Sage Eugenie Sage Roy Boonen Roy Boonen Ann Redstone Walking on Water (WOW) Inc Mark Lawrence Mark Lawrence Alison Johnstone Silver Fern Farms Ltd Jeremy Absolom Silver Fern Farms Ltd Terry Kelly Sustaining Hawke's Bay Trust/Terry Kelly Warwick Catto Ballance Agri-Nutrients Thomas Belford Transparent Hawke’s Bay Pauline Elliot Pauline Elliot Adrian Mannering Mannering Family Trust Colin Riden Colin Riden

Appendix 2

Alphabetical listing of technical reports supporting Plan Change 6 and the Ruataniwha Water Storage

Scheme

Plan Change 6: Alphabetical listing of technical reports

Report name Folder No. Section

Baalousha, H. (2010). Ruataniwha Basin Transient Groundwater

— Surface Water Flow Model. Internal report prepared for

Hawke's Bay Regional Council. HBRC Plan no. 4234: 112 pp.

3 Surface and

Groundwater

Quantity

Baalousha, H. (2011). Ruataniwha Basin Groundwater/ Surface

Water Predictive Modelling. Internal report prepared for Hawke's

Bay Regional Council. HBRC Plan no. 4264. EMT 11/04. 27 pp.

3 Surface and

Groundwater

Quantity

Barrett, P. (2013). Tukituki River Catchment and Ruataniwha

Basin: Consented Water Allocation. Internal report prepared for

Hawke's Bay Regional Council. HBRC Plan no. 4411. EMT

12/21. 42 pp.

5 Surface and

Groundwater Use

and Allocation

Benson, M., L. Coubrough, I. Millner and R. van Voorthuysen

(2012). Nutrient Management Approaches for the Tukituki

Catchment. Internal report prepared for Hawke's Bay Regional

Council. HBRC Plan no. 4344. WI 12/05. 40 pp.

5 Land

Buchanan, F. (2011). Estimating Permitted Water Use in

Hawke’s Bay, HBRC Plan no 4355.

5 Surface and

Groundwater Use

and Allocation

Cameron, F. (2012). Identifying native fish values. Internal

report prepared for HBRC.

2 Values

Hawke's Bay Regional Council. HBRC Plan no. 4303.

EMT12/01. 50 pp.

Codlin, H. (2013). Tukituki Catchment: Freshwater

Management Objectives. Internal Report Prepared for Hawke's

Bay Regional Council. HBRC Plan no. 4407. SD

2 Values

Gordon, D. (2013). Ruataniwha groundwater quality: state and

trends. Internal report prepared for Hawke's Bay Regional

Council. HBRC Plan no. 4399. EMT12/14.

5 Groundwater

Harkness (2009). Flow Naturalisation for Six Hawke's Bay

Catchments: Tutaekuri, Ngaruroro, Waipawa, Tukipo, Tukituki

and Maraetotara. MWH client report prepared for HBRC.

3 Surface and

Groundwater

Quantity

Harper, S. (2013). Tukituki Catchment Groundwater Resources.

Internal report prepared for Hawke’s Bay Regional Council.

HBRC Plan no. 4452.

3 Surface and

Groundwater

Quantity


Harris Consulting Ltd. (2012). Economic Impacts of Future

Scenarios for the Tukituki River. Report prepared for HBRC

5 Economic

Harris Consulting Ltd. (2013). Tukituki River Catchment:

Economic Impact of Minimum flow on existing Irrigators

5 Economic

Assessments

Harris Consulting Ltd (2013). Economic Impact of Future

Nutrient Reduction Scenarios for the Tukituki River. Addendum

to Tukituki Choices: Economic Impact of Future Scenarios for

the Tukituki River. Contract report prepared for Hawke's Bay

Regional Council. February 2013

5 Economic

Assessments

Hayes, J. (2012). Review of water allocation limits in the Tukituki

River: hydrological and ecological concepts. Cawthron client

letter report prepared for HBRC.

5 Surface and

Groundwater Use

and Allocation

Heath, N. (2013). Tukituki Catchment Implementation Plan.

Internal report prepared for Hawke's Bay Regional Council,

HBRC Plan no.4453.

1 Plan Documents

Hickey, C. W. (2013). Site-specific nitrate guidelines for Hawke’s

Bay. NIWA client report prepared for Hawke’s Bay Regional

Council for project HBR12235. HAM2012-127. 21pp.

4 Surface Water

Quality

HBRC. (2013). Tukituki River Catchment - Likely implications of

proposed nutrient management strategy on growth of

Phormidium spp. Summary of Technical Workshop held 20

December 2012. Prepared by Aquanet Consulting Ltd for HBRC.

HBRC Plan no. 4461. EMT 13/03. 33 pp.

4 Surface water Quality

HBRC. (2013). Tukituki River Catchment - Managing Nuisance

Growth Using Nutrient Limits. Summary of Technical Workshop

held 19 December 2012. Prepared by Aquanet Consulting Ltd

for HBRC. HBRC plan No. 4460. EMT 13/02. 33 pp.

4 Surface water Quality

Johnson, K. (2011). Tukituki Catchment Instream Flow

Assessment. Internal report prepared for Hawke's Bay Regional

Council. HBRC Plan no. 4248. EMT 10/36. 68 pp.

3 Surface and

Groundwater

Quantity

Lynch, B et al. (2013). Papanui Catchment: An environmental

characterisation. Internal report prepared for Hawke's Bay

Regional Council. HBRC Plan no. 4372. EMT 12/11. 60 pp.

5 Land

Lynch, B. (2013). Tukituki Catchment: Estimating Nutrient Loss.

Internal report prepared for Hawke's Bay Regional Council.

HBRC Plan no. 4406. EMT12/19. 25 pp.

5 Land


Page Bloomer Associates (2012). Hawke’s Bay Water Demand

2050. Client report prepared for Hawke’s Bay Regional Council.

5 Surface and

Groundwater Use

and Allocation

Reed, C. (2013). Tukituki Catchment Plan Change:

alignment with LAWF3 recommendations, Internal

Memorandum.

2 General

Rutherford, J. (2011). Computer Modelling of Nutrient Dynamics

and Periphyton Biomass – Model Development, Calibration and

Testing in the Tukituki River. NIWA Client report prepared for

HBRC and CHBDC.

4 Surface Water

Quality

Sharp, T. (2012). Tukituki catchment freshwater values

assessment. Internal report prepared for Hawke's Bay Regional

Council. HBRC Plan no. 4327. SD12/03.

2 Values

Unwin, M. (2012). The Tukituki River trout fishery — a

significance assessment of the river and its catchment. NIWA

client report prepared for Hawke's Bay Regional Council.

2 Values

Uytendaal, A. and Ausseil, O. (2013). Tukituki Catchment

Recommended Water Quality Limits and Targets for Tukituki

Plan Change 6. Internal report prepared for Hawke's Bay

Regional Council. HBRC Plan no. 4463. EMT13/04.

4 Surface Water

Quality

Wakefield, B., M. Hape, J. Maaka, B. Wakefield, H. Maaka, M.

Apatu, D. Moffatt and D. Whitiwhiti (2012). Tukituki River

Catchment Values and Uses. Client report prepared by Te

Taiwhenua O Tamatea and Te Taiwhenua o Heretaunga for

Hawke's Bay Regional Council. 92 pp.

2 Values

Waldron, R. (2011). Tukituki River Catchment High Flow

Allocation Modelling. Internal report prepared for Hawke's Bay

Regional Council. HBRC Plan no. 4258. EMT 11/02. 119 pp.

3 Surface and

Groundwater

Quantity

Waldron, R. (2012a). Tukituki Catchment Allocation Scenario

Modelling. Internal memo prepared for HBRC.

5 Surface and

Groundwater Use

and Allocation

Waldron, R. (2012b). Tukituki Catchment Instream Assessment.

Internal Addendum Report prepared for HBRC. HBRC Plan no.

4363. EMT 12/10. 14pp.

3 Surface and

Groundwater Use

and Allocation

Waldron, R. (2013a). Tukituki Catchment: Modelling the

Impacts of Groundwater and Surface Water Abstraction.

3 Surface and

Groundwater Use


Internal report prepared for HBRC. HBRC Plan no. 4410.

EMT12/20. 58 pp.

and Allocation

Waldron, R. (2013b). Tukituki Catchment potential minimum

flows and minimum flows. Internal memo prepared for Hawke's

Bay Regional Council. 10 pp.

3 Surface and

Groundwater

Quantity

Wilding, T. and R. Waldron (2012). Hydrology of the Tukituki

Catchment. Internal report prepared for Hawke's Bay Regional

Council. HBRC Plan no. 4405. EMT 12/18. 77pp

3 Surface and

Groundwater

Quantity

Ruataniwha Water Storage Scheme: Alphabetical listing of technical reports

Report Name Folder No. Section

Ausseil, O., Hansford, J., Waldron, R., and Young, R. (2013).

Ruataniwha Water Storage Scheme Environmental Flow

Optimisation. Report prepared for HBRIC Ltd.

3 K4 — Environmental

Flow Optimisation

Baalousha, H. (2013). Ruataniwha Basin Nitrate Transport

Modelling. Report prepared by Resource Management Group for

HBRIC Ltd.

4 M5 — Groundwater

Drinking Water

Modelling

Baines, T. (2013). Ruataniwha Water Storage Scheme: Social

Impact Assessment. Prepared by Taylor Baines and Associates

for HBRIC Ltd.

6 A6 — Social Impact

Assessment

Bickler, S., and Clough, R. (2013). Ruataniwha Water Storage

Scheme: Archaeological Assessment. Report prepared for

HBRIC Ltd.

6 A8 — Archaeological

Assessment

Butcher Partners Ltd. (2013). Regional Economic Impacts and

Financial Cost benefit Analysis of the Proposed Ruataniwha

Water Storage Scheme. Prepared for HBRIC Ltd.

6 A7 — Regional

Economic Impact

Assessment

Coubrough, L. (2013). Proposed Integrated Mitigation and Offset

Approach (Final). Report prepared for HBRIC Ltd.

3 K6 — Integrated

Mitigation & Offset

Approach

Environmental Management Services Limited. (2013). Zone M

Primary Distribution Concept. Report prepared for HBRIC Ltd.

3 K2 — Zone M

Headrace Concept

Environmental Management Services Limited. (2013).

Ruataniwha Water Storage Scheme Planning Assessment

5 A1 — Planning


(Final). Report prepared for HBRIC Ltd. Assessment

Gibbs, M. (2013). Characterisation of Makaroro reservoir water

quality. Report prepared by NIWA for HBRIC Ltd.

5 A2 — Reservoir

Water Quality

Goodier, C. (2013). Ruataniwha Water Storage Scheme: Dam

Break Analysis. Report prepared by HBRC for HBRIC Ltd.

7 A13 — Dam Break

Analysis

Halstead, M. (2013). Ruataniwha Water Storage Scheme Noise

Effects Assessment. Report prepared by Marshall Day Acoustics

for HBRIC.

7 A11 — Noise

Assessment

HBRIC. (2013). Ruataniwha Water Storage Scheme —

Assessment of Environmental Effects.

2 C — Assessment of

Environmental

Effects

HBRIC. (2013). Ruataniwha Water Storage Scheme —

Proposed Conditions.

2 D — Proposed

Conditions

HBRIC. (2013). Irrigation Environmental Management Plan

(Draft).

3 K5 — IEMP

(Irrigation

Environmental

Management Plan)

Kessels, G., Deichmann, B., Stewart, P., Hasenbank, M.,

Riddell, D., Clark, R., and Brandes, U. (2013). Terrestrial

Ecology Study — Assessment of Ecological Effects. Prepared

by Kessels & Associates for HBRIC Ltd.

6 A4 — Terrestrial

Ecology Assessment

Landon-Lane, R., Uran, N., and Jones, A. (2013). Road

Infrastructure & Traffic Assessment. Report prepared by Opus

International Consultants for HBRIC Ltd.

7 A10 — Road &

Traffic Assessment

Lister, G. (2013). Landscape and Visual Assessment (Final).

Report prepared by Isthmus for HBRIC Ltd.

7 A12 — Landscape &

Visual Assessment

Morgan, S., and Frey, M. (2013). Ruataniwha Water Storage

Scheme Recreation Assessment. Report prepared by Opus

International Consultants Ltd for HBRIC Ltd.

6 A9 — Recreation

Assessment

Renwick, A. (2013). Climate Change and its implications for the

Ruataniwha Water Storage Scheme. Report prepared for HBRIC

Ltd.

3 K3 — Climate

Change Review

Rutherford, K. (2013). Effects of land use on nutrients: Phase 2

studies in the Tukituki River, Hawke’s Bay. Report prepared by

NIWA for HBRIC Ltd.

4 M3 — Stream

Modelling (TRIM 2

calibration)


Rutherford, K. (2013). Effects of land use on streams – Phase 2

modelling studies in the Tukituki River, Hawke’s Bay. Report

prepared by NIWA for HBRIC Ltd.

4 M4 — Stream

Modelling (TRIM 2

Scenario Modelling)

Tonkin & Taylor Ltd. (2013). Ruataniwha Water Storage Scheme

Project description report. Report prepared for HBRIC Ltd.

3 K1 — Project

description

Tonkin & Taylor Ltd. (2013). Ruataniwha Water Storage Scheme

Sedimentation Assessment. Report prepared for HBRIC Ltd.

7 A14 —

Sedimentation

Assessment

Wakefield, B., Hape, M., Maaka, J., Wakefield, B., Maaka, H.,

Apatu, M., Moffatt, D., and Whitiwhiti, D. (2013). Tukituki River

Catchment Cultural Values and Uses. Report prepared by Te

Taiwhenua O Tamatea, in partnership with Te Taiwhenua O

Heretaunga for HBRIC Ltd.

6 Cultural Impact

Assessments

Waldron, R., & Baalousha, H. (2013). Assessment of potential

effects on groundwater and surface water resources. Report

prepared Resource Management Group for HBRIC Ltd.

4 M1 — Ground &

Surface Water Flow

Modelling

Wheeler, D., Benson, M., Millner, I., and Watkins, N. (2013).

Overseer Nutrient budgets modelling for the Tukituki catchment.

Report prepared by AgResearch for HBRIC Ltd.

4 M2 — Overseer

Nutrient Budgets

Modelling

Young, R., Allen, C., Shearer, K., Doehring, K., Berkett, N.,

Holmes, R., and Hay, J. (2013). Aquatic Ecology Assessment of

Effects. Report prepared by the Cawthron Institute for HBRIC

Ltd.

5 A3 — Aquatic

Ecology Assessment

Appendix 3

Board’s decisions on the matters raised in the submissions and further submissions concerning Plan

Change 6

The appendix contains two tables (Table A and B).

Table A shows the decisions requested by each Submitter (sorted alphabetically). Within each submitter the decision requested is sorted by ‘statement’ number and ’topic’ reference. The

decision requested and the Boards corresponding decision and reasons are then provided. The

corresponding decision on any further submissions that were made on the original submission

is then outlined.

Table B shows decisions on further submissions that do not directly reference a particular decision requested in an original submission (as detailed in the Summary of Submissions). A

table outlining those parties who made a further submission and their submitter number is

detailed below.

Notes:

The summary of the decision requested is from the ‘Summary of Submissions — Plan Change

6: Hawke’s Bay Regional Resource Management Plan’ August 2013, prepared for the Tukituki

Catchment Proposal Board of Inquiry.

As noted in the ‘Summary of Submissions — Plan Change 6: Hawke’s Bay Regional Resource

Management Plan’ August 2013 due to database software limitations, conventional styles for

depicting text requested to be added or deleted cannot be used in this appendix. Instead, in this

appendix, text requested to be inserted is underlined and text requested to be deleted is

represented as [italics in square brackets].

Further submission numbers

Further submission number Further submitter

FS001 Hawke's Bay Environmental Water Group

FS002 Waimarama Marae on behalf of Nga Hapu o Waimarama

FS003 Ngati Kahungunu iwi Incorporated FS004 Environmental Defence Society Inc FS005 Mills, Judith FS006 Ingleton Farms Ltd FS007 Sustaining Hawke's Bay Trust FS008 Gifford, Andrew FS009 Te Taiao HB Environment Forum

FS010 Fonterra Co-Operative Group Limited

FS011 TrustPower Limited FS012 Silver Fern Farms Limited FS013 Mr Apple New Zealand Limited FS014 BEL Group Limited FS015 Ruataniwha Water Users Group FS016 Rose, Megan FS017 Mangaroa Marae

FS018 Royal NZ Forest and Bird Protection Society Inc, Hastings/Havelock North Branch

FS019 Hastings District Council FS020 DairyNZ FS021 Horticulture NZ and others FS022 Federated Farmers of New Zealand

Sub# Submitter Sub Stat# Topic Decision requested

Decision ReasonsFurther

submissions accepted

Further submissions

accepted in part

Further submissions

rejected

Further submissions no

response

1 C6 General Reject Plan Change, or make changes as specified elsewhere in submission.Reject

2 C6 POL TT9 No specific decision requested, but seeks the pro rata seasonal allocation on water take consents is removed and retain the current weekly allowance, or if the weekly allowance is not retained adopt a model that takes the 1 in 10 year drought event into account and the more specific requirements of each site based upon crops, soil types and climate. Accept

3 C6 POL TT14

No specific decision requested, but seeks the five year restriction on irrigation consents is removed.Accept in part

FS019/69

4 C6 Schedule XVIII

No specific decision requested, but seeks the pro rata seasonal allocation on water take consents is removed and retain the current weekly allowance, or if the weekly allowance is not retained adopt a model that takes the 1 in ten year drought event into account and the more specific requirements of each site based upon crops, soil types and climate. Accept in part

PC6 has been amended to reflect the Boards findings. New Schedule XVIII provided. FS006/46FS014/47

5 C6 Misc No specific decision requested, but seeks a system of subsidies for fencing along waterways to relieve some of the costs to land owners. Reject

No response required - Outside Scope.

6 C6 General No specific decision requested, but seeks clarification of the status of existing water take consents for on-site dams in light of Plan Change. Reject

Decision on request is for the reasons as set out in the body of the Report and the identified reasons reached in each of the main findings on the principal issues in contention.

1 C6 POL TT9 No specific decision requested, but objects to way POL TT9 and Schedule XVII Table 1 will affect existing irrigation.Accept

PC6 as amended contains appropriate provisions.

2 C6 Rule TT1 No specific decision requested, but refers to amending waterway fencing requirements.Accept in part

3 C6 Gen Process

Requests that the Plan Change be taken to the community for full and proper consultation.Reject

FS002/1FS003/1

4 C6 General No specific decision requested, but refers to private and community water consents being treated equally and fairly.Accept in part

PC6 as amended achieves fairness.

5 C6 General No specific decision requested, but refers to farming not requiring resource consent.Accept in part

Rules allow for permited activities where appropriate.

339 Allison, Sally 1 C6 General Reject Plan Change.Reject


118 Arden Properties Ltd, Tukituki Ltd

1 C6 General Reject Plan Change.Reject

PC6 as amended has been approved.

247 Armitage, Rebecca 1 C6 General Reject Plan Change.Reject


1 C6 POL TT1 Amend POL TT1, to set stricter limits for phosphate P (e.g. 0.004mg/l) and nitrate N (e.g.0.14-0.3 mg/l) concentrations.Accept in part

FS002/2FS003/2


3 C6 POL TT5 Amend POL TT5, to set stricter limits for phosphate P (e.g. 0.004mg/l) and nitrate N (e.g.0.14-0.3 mg/l) concentrations.Reject

4 C6 POL TT6 Amend POL TT6, to set stricter limits for phosphate P (e.g. 0.004 mg/l) and nitrate N (e.g.0.14-0.3 mg/l) concentrations.Reject

5 C6 New No specific decision requested, but suggests a condition that additional limitations must be placed on sedimentation and nutrient loading in these sediments. Accept in part

PC6 has been amended to reflect the Boards findings.

6 C6 Rule TT1 No specific decision requested, but refers to adding a condition "that farming practices focus on reducing external harmful and non-renewable inputs with more targeted use of the remaining inputs. For example less than 60 units of N and P per year/Ha applied in conjunction to the use of biological foods, either through management changes or inputs" Reject

FS002/3FS003/3

7 C6 Rule TT2 No specific decision requested, but refers to adding a condition "that farming practices focus on reducing external harmful and non-renewable inputs with more targeted use of the remaining inputs. For example less than 60 units of N and P per year/Ha applied in conjunction to the use of biological foods, either through management changes or inputs" Accept in part

160 Astill, Rachel 1 C6 General Reject Plan Change.Reject


183 Atkinson, Nicola 1 C6 General Reject Plan Change.Reject


1 C6 Gen Process

Requests that more time be allowed to review Plan Change and its impacts on business and community.Reject


2 C6 Schedule XVIII

No specific decision requested, but seeks total review of the schedule.

Accept in part

PC6 has been amended to reflect the Boards findings. New Schedule XVIII provided.

3 C6 Schedule XX

No specific decision requested, but seeks more detail and time to get accurate impact of this schedule.

Reject


89 Bailey, Paul 1 C6 General Approve Plan Change with changes. No specific changes requested, but states that the objectives of Plan Change should be to enhance water quality in the Tukituki catchment over time, rather than increase in the levels of Nitrogen or Phosphorus in the Tukituki catchment.

Accept in part


1 C6 Rule TT1 No specific decision requested, but refers to opposing Rule TT1 as it is not inclusive or specific enough. Reject

Table A


140

267

1

2

3





Addavale Produce Ltd

Aitken, James

Association of Biological Farmers

Awassi NZ Land Holdings Ltd

Baird, Sharleen

Page 1 of 105




Further submissions

accepted in part

Further submissions

rejected


response



3 C6 POL TT14


FS019/69

4 C6 Schedule XVIII










3 C6 Gen Process


FS002/1FS003/1













FS002/2FS003/2







FS002/3FS003/3






1 C6 Gen Process



2 C6 Schedule XVIII


Accept in part


3 C6 Schedule XX


Reject



Accept in part



Table A


140

267

1

2

3






Aitken, James



Baird, Sharleen

Page 1 of 105

3 C6 Rule TT2 No specific decision requested, but refers to opposing Rule TT2 as it is not inclusive or specific enough.Reject

4 C6 Rule TT2 No specific decision requested, but states that the timeframes and lead-in time for compliance with environmental management plans is too generous. ‘Good practice’ is not sufficient to combat environmental degradation so specific timelines are required. Reject

5 C6 General No specific decision requested but suggests that HBRC include in the Plan what measures and actions they will take to change the Contract terms and conditions if the agreed environmental limits or actions are not sufficient to prevent serious adverse effects on the environment including Cadmium levels, Nitrogen, Phosphorus, Sediment, aquifer contamination. Reject

6 C6 General No specific decision requested, but asks that HBRC is held liable to prosecution if they fail to monitor, add or change the contract terms and conditions; if there are insufficient responses to identified problems and other environmental problems known as having potential or actual detrimental effect.

Reject

1 C6 Form 'Other'

Other' decision requested (See in Statement #216.2).Reject

Not practicable to be heard consecutively.

2 C6 Gen Process

Requests that Plan Change 6 is heard independently of RWSS resource consent applications.Reject


1 C6 General Approve Plan Change with changes.Accept

2 C6 New Add two new objectives: "OBJ TT6 Subject to Objective TT1 to TT3, to provide for the use of freshwater for viable primary production and processing of beverages, food and fibre.OBJ TT7 To recognise the benefits of industry good practice to land and water management"

Accept in part

FS019/46

3 C6 POL TT1 No specific decision requested, but seeks a collaborative process to agree the correct balance between economic growth and safeguarding of resources. Require management of nitrogen loss to surface water to meet risk based protection levels for toxicity to native aquatic fauna with limits suitable to each catchment and sub catchment. Require management of phosphorus and sediment loss to surface water to control periphyton growth with limits appropriate to each catchment and sub catchment.

Accept in part

4 C6 POL TT2 No specific decision requested, but seeks a collaborative process to agree the correct balance between economic growth and development and environmental protection, and appropriate timeframes to achieve and agree limits and targets. Accept in part

5 C6 POL TT4 No specific decision requested, but states practical application of detail within POL TT4 requires further consideration. 1. For example, certified advisor capability needs to be matched with delivery requirements and timeframes of Nutrient Management and Farm Environmental Management Plans2. Recommend 10ha of land (rather than 4ha) provides a threshold area for requirement to keep property records as specified in Schedule XXI3. Nitrogen Conversion Efficiency (NCE, as estimated by Overseer) should not be used to manage nitrogen loss to waterways.4. Agree Nutrient Budgets should be updated every three years5. Overseer model in regulation should be consistent nationally6. Submission contains evidence on Proposed Canterbury Land and Water Regional Plan, defining material change in N loss by Overseer and an alternative7. Overseer protocols should include determination of average leaching rates using average input data from a minimum of three years (not as proposed for two years).

Accept in part

6 C6 POL TT5 No specific decision requested, but seeks the threshold limit for providing a Phosphorus Management Plan (POL TT5(1)(d)(iv) applies to properties exceeding 10ha (not 4ha as proposed) and that realistic timeframes for monitoring the effectiveness of POL TT5(1) are allowed for.

Accept in part

7 C6 POL TT6 No specific decision requested, but refers to the following matters:1. Require a Nutrient Management Plan and not a Fertiliser Management Plan, and define the term2. Long-term consents are supported, to enable confidence in business growth and investment3. Where nutrient loss to water bodies is managed through Farm Environmental Plans, Nitrogen Conversion Efficiency targets should not be required by regulation, delete them from the Policy4. Nutrient budgets and nutrient management plans should be valid for three years5. Consider mechanisms which enable a land owner to comply with land use regulations where owner and land user are different.

Accept in part

8 C6 Rule TT1 Amend Rule TT1 so that:1. Nitrogen loss of 10% is increased to 30% in Rule TT1 condition(a)2. Amend farm size thresholds in Rule TT1 (b), ( c) and (e)3. Delete condition (k) or alternatively provide a mechanism to allow for assessing the impact of a farm's activity in combination with all other activities4. Delete condition (l) or alternatively provide a mechanism to allow for assessing the impact of a farm's activity in combination with all other activitiesAlso refers to providing national consistency for Overseer Nutrient Budget model.

Reject

9 C6 Rule TT2 No specific decision requested, but seeks for production land uses which do not meet the permitted activity conditions, the restricted discretionary activity matters of discretion should provide a mechanism to assess the impact of a farm's activity in combination with all other activities, or there is no basis to make them restricted or fully discretionary activities. Accept in part


172 Barrow, John 1 C6 Form 'Not Stated'

No decision/position stated for Plan Change 6.Reject

No response required.

1 C6 General No specific decision requested, but expresses concern about the negative social, economic and ecological impact of intensification of dairying and the loss of sustainability for the region and the widespread destruction of natural eco systems. Accept in part

PC6 as amended reflects this.100 Bayliss, Ian and Liz


216

140

289 Decision on request is for the reasons as set out in the body of the Report and the identified reasons reached in each of the main findings on the principal issues in contention.

Ballance Agri-Nutrients Limited

Baird, Sharleen

Baker, Jenny

Page 2 of 105




Further submissions

accepted in part

Further submissions

rejected


response



3 C6 POL TT14


FS019/69

4 C6 Schedule XVIII










3 C6 Gen Process


FS002/1FS003/1













FS002/2FS003/2







FS002/3FS003/3






1 C6 Gen Process



2 C6 Schedule XVIII


Accept in part


3 C6 Schedule XX


Reject



Accept in part



Table A


140

267

1

2

3






Aitken, James



Baird, Sharleen

Page 1 of 105

2 C6 Section 32 Report

No specific decision requested, but refers to concerns with the lack of consideration given to alternative economic options.Reject

3 C6 Gen Process

Concerned with the objectivity and rigour of the information supplied to the public and the short time frames for information sharing and submission writing. Reject

4 C6 General No specific decision requested, but refers to concerns over the questionable validity of current measurement systems of water pollutants and the lack of acknowledgement of the importance of both phosphate and nitrate levels. Accept in part

PC6 as amended it contains appropriate provisions.

5 C6 POL TT5 No specific decision requested, but concerned with the extended timeframes for fencing off waterways. Reject

6 C6 General No specific decision requested, but refers to the lack of consideration given to reduction of cow numbers and how profitable dairying could be achieved without degradation of the natural environment. Accept in part

86 Bayliss, Kathryn 1 C6 Form 'Other'

Other' decision requested. Refer to Submission #4 (EPA #103323) for original decisions requested. No further decisions requested included within Submission #86, but refers to it being impossible to know if she wants to have Plan Change 6 approved without seeing all the changes made.

Accept in part


1 C6 POL TT3 No specific decision requested, but seeks that discharge of contaminants into all our rivers be prohibited OR if not possible all rivers should have the same highest standard possible. Accept in part


FS015/1

2 C6 Rule 47 No specific decision requested, but seeks that discharge of contaminants into all our rivers be prohibited OR if not possible all rivers should have the same highest standard possible. Reject

PC6 has been amended to reflect the Boards findings. FS015/2

3 C6 General No specific decision requested, but seeks that provisions that refer to nitrate-nitrogen being in a state of under-allocation be deleted. Accept in part

Policy TT4 has been amended. FS002/4FS003/4

4 C6 OBJ TT4 No specific dec