watercare services - submission on draft unitary plan

Watercare Feedback on the Draft Unitary Plan

Part 2: Issue Papers and Associated Attachments

Issue Paper 1: Future Urban Growth

Issue Paper 2: Urban Growth and Intensification

Issue Paper 3: Role of Watercare and Reference to Watercare’s Water and Wastewater

Code of Practice

Issue Paper 4: Network Utilities and Energy Rules

Issue Paper 5: Water Quality, Allocation and Use

Issue Paper 6: Water Quality

Issue Paper 7: Coastal Discharges

Issue Paper 8: Land Disturbance

Issue Paper 9: Reverse Sensitivity

Issue Paper 10: Biosolids

Issue Paper 11: Mana Whenua

Issue Paper 12: Major Facilities Zones

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ISSUE PAPER 1: FUTURE URBAN AREAS

Importance of this Issue to Watercare

1. In areas zoned for future urban use, Watercare will ultimately be responsible for providing water supply and wastewater infrastructure to service these areas. Typically, Watercare provides the bulk water supply and wastewater infrastructure, while developers provide the local reticulated networks required to service their developments.

2. It is essential that Council involves Watercare early in the planning process to determine the water supply and wastewater infrastructure requirements to service growth in future urban areas. Watercare has an Asset Management Plan (AMP) which includes a programme of capital works across the entire region. The provision of new water supply and wastewater infrastructure required to achieve the residential growth outcomes included in the Unitary Plan will directly impact on the outcomes included in Watercare's AMP. Therefore, in order to facilitate growth to occur in a coordinated manner with the provision of essential service infrastructure, Council should work closely with Watercare to determine priority areas for future urban growth within the Rural Urban Boundary (RUB).

3. Watercare acknowledges that some of this collaboration will occur outside of the Unitary Plan framework, and that Council will need to involve key stakeholders (including Watercare) in its analysis and decision-making processes, in order to determine appropriate priorities for future urban growth in RUB areas, including satellite towns and rural and coastal towns. This will help to avoid situations where the urban planning process has been advanced without due consideration of the implications for infrastructure servicing as have happened in the case of some legacy plan changes such as Clevedon.

4. However it is critical that the Unitary Plan provisions support that decision-making process with a planning framework that provides certainty as to how the sequencing of development within the Future Urban Zones will be delivered. In particular, the Plan should include clear provisions that require:

(a) Structure plans prepared by Council at a spatial scale sufficient for infrastructure (at a minimum bulk water supply and wastewater networks and wastewater treatment) to be planned in an integrated and affordable manner.

(b) Future Urban Areas in the RUB to be sequenced, and generally developed in a contiguous form to enable efficient extension from the existing network.

Overview of Key Changes sought by Watercare

5. Watercare supports the objective and policy framework for Future Urban Zones (Part 3.2.4 of the draft Plan), in particular Objective 4, which emphasises the need for a structure planning exercise to determine the form and timing of future urban growth, and Policies 1 (which requires a structure plan prior to the rezoning of land for urban development) and 3 (which seeks to avoid activities that will create a demand for infrastructure ahead of the time it is needed for planned urban growth).

6. Watercare suggests the inclusion of an additional policy that provides locations for the development of necessary water and wastewater infrastructure as part of the rezoning of land for future urban development. This can be done through the identification of infrastructure corridors at the outset of a structure plan process for any given identified future urban area.

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7. Watercare supports the structure plan requirements as set out in Appendix 1: Structure Plan Requirements for Future Urban Zoned Greenfield Land; in particular recognition that key stakeholders (including infrastructure providers) will need to be involved in the development of the structure plan area.

8. Watercare also supports the considerations included in Matter 6, which relate to infrastructure requirements for future zoned land. However, in order to be satisfied that sufficient and appropriate infrastructure will be provided to support the future development, Watercare considers that Matter 6 should be amended to confirm that consideration should also be given to:

(a) The requirement for any new public reticulated water supply and wastewater disposal networks and the timing of its availability.

(b) The compatibility of any new infrastructure required to serve the future development with existing public reticulated water supply and wastewater networks.

(c) The ability for necessary private water and wastewater infrastructure to comply with Watercare's Water and Wastewater Code of Practice for Land Development and Subdivision 2011.

Supporting documentation

9. A tracked changed version of the relevant provisions, which reflects the issues discussed above, is attached.

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Issue Paper 1: Future Urban Areas

Track Change Version with Watercare’s Comments

A. Part 3 - Regional and district objectives and policies

3.2.4 Future Urban zone

The following provisions form part of the district plan. Zone description This zone is applied to land located on the periphery of existing urban areas within the RUB. This is land the council has determined as suitable for future urban development, which will negate the need for urban development outside of the RUB. This zone is a transitional zone which provides for the land to be used for rural activities until it is developed for urban activities, via the structure plan process. Objectives 1. Rural activities and the functioning of the rural community continue until the land is rezoned for urban development. 2. Future urban development is not compromised by premature subdivision, use and development. 3. Environmental, landscape, heritage and rural character values are not diminished by rural activities and development. 4. Structure planning determines future urban development form and timing. Policies 1. Require a structure plan in accordance with Appendix 1 prior to the rezoning of land for urban development. 2. Enable subdivision for network utilities, amendments to a cross lease and minor boundary adjustments and not for other types of subdivision. NEW Policy Provide for the development of significant infrastructure prior to the rezoning of land for future urban development, through the identification of infrastructure corridors or sites at the commencement of a structure plan process. 3. Avoid activities that: a. compromise the efficient and effective operation of the surrounding transport network b. create demand for the provision, or extension of the transport, wastewater, water supply, stormwater networks or other infrastructure ahead of the time it is needed for urban development c. create or extend infrastructure out of sequence or that is not contiguous with the existing network infrastructure d. attract a high proportion of users beyond the local community e. will give rise to reverse sensitivity issues when urban development occurs.

Comment [IG1]: Support

Comment [IG2]: Proposed new policy


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4. Enable activities that are reliant on the quality of the soil, require a rural location to operate or which provide for the day to day needs of the local rural community. 5. Require building development to maintain a spacious rural character, so that the natural environment is dominant to the built form. 6. Avoid additional dwellings on a site.

Appendix 1 - Structure plan requirements for future urban zoned Greenfield

land

6. Infrastructure

The location, scale and capacity of existing public reticulated water supply and wastewater disposal networks.

The requirement for any new water supply and wastewater disposal networks and the timing of its availability

The location and function of stormwater management facilities based on principles of water sensitive urban design, including the retention of natural water systems and the primary use of on-site flow and quality controls (and related impervious area limits) to manage stormwater from proposed sites and roads. The use of hard engineering solutions is a secondary management approach.

The location and scale of other infrastructure. Social and cultural infrastructure, including educational facilities, libraries and marae, to cater for

the needs of the community and neighbourhoods and the timing of its availability.

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ISSUE PAPER 2:

URBAN GROWTH AND INTENSIFICATION


1. Watercare has an on-going programme for upgrading the existing water and wastewater networks and installing new infrastructure to provide for growth in Auckland. This is in addition to the on-going requirements to replace infrastructure when it comes to the end of its useful life. Watercare sets out its programme of capital works in its Asset Management Plan (AMP). The AMP covers a 10-year period and is updated every three years.

2. In September 2011 Watercare prepared its Asset Management Plan (AMP) based on Auckland Council's population forecasts and projected land use development programme. Significant intensification in metropolitan and town centres was projected to accommodate population increases. The AMP proposes a $5 billion programme of works over the next 10 years, with $2 billion of this expenditure to service new growth as indicated by the Council at that time.

3. Since the AMP process was completed, the Auckland Plan has been approved, and the draft Auckland Unitary Plan has been released for consultation. Both of these documents indicate different patterns of land use development than have been provided for in Watercare's AMP.

4. In particular the Unitary Plan indicates a substantial amount of infill intensification in suburban areas in the form of new Mixed Housing and Terraced Housing and Apartment Building zones. Together, these zones are extensive and cover approximately 56% of the residential zones in the existing metropolitan area. In a number of areas, the existing networks do not have enough capacity to cater for the full development potential of these zones as proposed in the draft Plan. Unless upgraded there will be a loss of service in the water supply network (resulting in lower water pressure and fire fighting capability) and increases in the overflows from the wastewater network, potentially exceeding the design target of no more than two per discharge per location per year.

5. Watercare accepts that there should not be set sequencing and timing in the Unitary Plan and that decisions on where growth will occur will largely be driven by the market. The Unitary Plan can however assist the market to select areas for redevelopment where there is already capacity or an increase in capacity can be readily delivered and to avoid areas where there are capacity constraints.

6. Watercare is not required to upgrade its services on land that has been signalled or "released" for development in the draft Plan through the new residential zoning provisions. Instead, Watercare must prioritise its projects throughout Auckland, based on strategic need and key capital investment objectives.

7. Watercare plans its capital works programme based on a 10-year period. The planning criteria include the condition of the infrastructure, environmental considerations, potential development, level of service, and prudent financial management. The significant intensification proposed in the Unitary Plan Mixed Housing and Terraced Housing and Apartment Building zones creates the potential for a mismatch between development and the capacity of the network in some areas until upgrades can be completed.

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8. With no guidance given in the Unitary Plan, Watercare does not have any way of determining which areas it should prioritise for increased services until the demand actually occurs. It may be that some of these areas will need no upgrades, i.e., because the existing network has sufficient capacity to provide for a significant number of additional connections, while others may need significant capital upgrades thereby delaying the development until the upgrade is designed, consented and constructed. Regardless, any upgrades can have serious implications on the remainder of the AMP programme and would need to be considered on a whole of region benefit basis.

9. Watercare has been in discussions with the Council on these issues for some time but appreciates Council has the difficult task of reconciling the need to provide significant opportunities for housing demand with the requirements of infrastructure providers. This paper suggests a way forward in dealing with this issue in the Unitary Plan. In brief, Watercare considers that the Plan will need to highlight that future residential development will be carefully considered in areas where there are service capacity limitations that may restrict further connections to Watercare's existing water and wastewater networks until upgrades to the network can be completed. The corollary is to encourage development to occur where there is capacity or an increase in capacity can be readily delivered.


10. A number of amendments and changes are proposed to the draft Unitary Plan provisions to address Watercare’s concerns. These changes are focussed on ensuring the provisions consistently require applicants to demonstrate that water and wastewater capacity and connections are available prior to any development occurring. In that respect Watercare's proposed revisions respond to an issue that can arise at present, when applicants do not confirm available capacity in the first instance and are subsequently disappointed to be advised that a connection may not be available, despite consent having been granted for the proposed development.

Regional Policy Statement

11. The provisions of the draft Regional Policy Statement already provide high-level assistance by expressly recognising that, in order to appropriately meet the demand generated by expected population growth, residential development and intensification must be integrated with the provision of infrastructure required to service that development.

12. Watercare has proposed an amendment to Policy 6 in Part 2.2.3 to clarify the requirement for coordination of necessary infrastructure with the structure and sequencing of growth and development, including a need for developments to demonstrate available service connections and adequate capacity, prior to approval.

13. Equally, Watercare has proposed an amendment to Policy 7 in Part 2.2.3 to require development in areas where no reticulated services are available to demonstrate approval to connect to a private network. In new Policy 8, development connecting to a network will also need to demonstrate compatibility between existing and new infrastructure, and the ability for any new infrastructure to comply with Watercare's Water and Wastewater Code of Practice for Land Development and Subdivision 2011.

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Subdivision

14. Policies and rules have been suggested that support existing Objective 3 in Part 3.1.4, which seeks that infrastructure which supports new development is efficiently planned and implemented at the time of subdivision. Revisions to subdivision Policies 6 and 7 require, at the time of subdivision, that areas with existing water and wastewater networks demonstrate that capacity is available in those networks and service connections can be made.

15. The policy approach is reinforced in the rules in Part 4.2.4, which provide that subdivision of land will be a non-complying activity if there are water and wastewater network capacity limitations.

Development in the Mixed Housing and Terraced Housing and Apartment Buildings zones.

16. Development can occur within the Mixed Housing and Terraced Housing and Apartment Buildings zones without subdivision, so Watercare has proposed a number of provisions which are intended to achieve the same outcome as that included in respect of land that is to be subdivided. At the Regional and District level, policies have been suggested for both zones requiring development to be adequately serviced by network infrastructure (Objective 7 in Part 3.2.1.3 and 3.2.1.4 of the Plan) and ensuring water and wastewater connections to networks are available (Policy 7 in Part 3.2.1.3 and 3.2.1.4 of the Plan).

17. Equally, in the corresponding development controls, buildings in both zones must be able to connect to a water and wastewater network (Control 4.3.16 in Part 4.3 - Mixed Housing and Control 4.4.14 in Part 4.4 - Terraced and Apartment Building). In the case of developments that are permitted activities (up to four dwellings in the Mixed Housing zone), non-compliance with the controls will automatically trigger a requirement to obtain consent as a restricted discretionary activity (Rule 4.1.7.3). (All other dwellings in these zones will already require consent as a restricted discretionary or discretionary activity.)

Notification

18. It is appropriate for the Unitary Plan to give a clear indication to applicants, by way of specific notification rules, that Watercare is likely to be notified of any application to develop land where there are capacity limitations that may restrict the ability to connect to Watercare's existing water and wastewater networks.

19. Watercare's proposed amendment to Part 4.3.1.2 in respect of notification will, without removing Council's ultimate discretion in respect of notification decisions, likely require applications for buildings not meeting the development controls related to connections to the water and wastewater network to be notified to Watercare, as an affected party under s95E of the RMA. Specifying that Watercare can be notified in these circumstances will assist the encouragement of applicants to pre-emptively consult with Watercare in respect of water and wastewater connection and capacity issues before any consent is sought.

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Other Zones

20. The issue of network capacity limitations and appropriate early investigation by applicants with Watercare equally applies to the other proposed urban zones. While this paper has focussed on solutions within the residential framework (where the problem tends to be most pronounced), Watercare signals that similar solutions at rule sets for other urban zones are necessary. This may also involve the introduction of the proposed notification provisions at the general notification rule at 4.1.9 of the Unitary Plan.


21. A tracked changed version of the relevant provisions, which reflects the issues discussed above, is attached.

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Issue Paper 2: Urban Growth and Intensification


The following sets out Watercare’s proposed amendments to the objectives, policies and rules in the draft Unitary Plan that are required to address proposals for new residential development (with or without subdivision) on land where there are capacity limitations which may restrict the ability to connect to Watercare's existing water and wastewater networks. Specifically it addresses:

Subdivision Mixed Housing Zone Terraced and Apartment Building Zone.

For completeness, the relevant provisions of the draft Regional Policy Statement have also been included so that all layers of the Unitary Plan that are relevant to this issue can be considered.

A. Part 2 - Regional policy statement

2.2 Enabling quality urban growth 2.2.1 Providing for growth in a quality compact urban form Policy 2. Increase the density of residential development in neighbourhoods which are: … d. adequately serviced by existing physical infrastructure or where infrastructure can be upgraded efficiently 2.2.3 Supply of urban land Policy 6. Coordinate the provision of infrastructure with the structure and sequencing of growth and development, including its planning and funding prior to the approval of an activity and/or development. Require the provision or upgrading of significant infrastructure to be coordinated with the structure and sequencing of growth and development, and planned and funded prior to the approval of an activity and/or development.


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B. Part 3 - Regional and district objectives and policies

B.1 Subdivision 3.1.4 Subdivision Objective 3. Infrastructure supporting new development is efficiently planned and implemented at the time of subdivision. Policies All subdivision 6. Require all sites capable of containing a habitable building, in areas to provide for, and where service connections are available to a reticulated network, system to demonstrate capacity within, and connect to the following networks: a. wastewater b. stormwater c. potable water d. electricity. 7. Require all new sites capable of containing a habitable building, in areas with no reticulated stormwater or wastewater systemnetwork, to provide for be of a size and shape sufficient to manage: a. the treatment and disposal of wastewater and stormwater b. appropriate management of wastewater, via i. an on-site wastewater treatment system, or ii. approval to connect to a private wastewater network. b. the provision of potable water 8. All new sites connecting to a wastewater network must demonstrate: a. The compatibility of any new infrastructure required to serve the site that may connect to the existing reticulated wastewater network. b. The ability for any new infrastructure to comply with Watercare's Water and Wastewater Code of Practice for Land Development and Subdivision 2011. 9. Recognise the requirements of regionally significant infrastructure networks in subdivision design.

B.2 Mixed Housing Zone

3.2.1.3 Mixed Housing zone

Add the following objectives and policies:

Objective 7

Developments are adequately serviced by network infrastructure

Policy 7


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Ensure connections are available for development to water supply and wastewater networks.

B.3 Terraced and Apartment Building Zone

3.2.1.4 Terraced and Apartment Building zone

Add the following objectives and policies: Objective 7 Developments are adequately serviced by network infrastructure Policy 7 Ensure connections area available for development to water supply and wastewater networks.

C. Part 4 - Rules

C.1 Subdivision 4.2.4 Subdivision The following provisions form part of the district plan.

1. Activity table The following tables specify the activity status of subdivision activities in all zones.

Activity table 1 – Auckland-wide

Activity Activity status

Subdivision of land with infrastructure (water and wastewater) capacity

limitationswhere adequate connections to the water and wastewater network

are not available due to capacity limitations

DNC

2. Development controls 2.1 General controls The following controls apply to all subdivision that is a permitted, controlled and restricted discretionary activity. Where the following standards are not met, the infringements shall be assessed as a discretionary activity. 4. Services a. All proposed sites capable of containing a building, or in the case of cross-leases or unit titles each building, must be designed and located so that provision is made for individual:

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i. treatment and disposal of stormwater ii. treatment and disposal of wastewater via:

A connection to a wastewater network, or

On-site, or

A private wastewater network. iii. water supply iv. and electricity supply.

C.2 Residential zones

4.3.1 Residential zones

The following provisions form part of the district plan.

4.3.1.1 Activity table

Activity Mixed Housing Zone

Dwellings

Permitted - up to 4 dwellings per site Restricted Discretionary - 5 or more dwellings per site

4.3.1.2 Notification Add to the list of specific notification provisions for activities in the residential zones 3. Buildings in the Mixed Housing zone and Terraced and Apartment Building zone that do not meet the water and wastewater development control are subject to the normal tests for notification under the relevant sections of the RMA. In respect of any application to which this rule applies, it is expected that Watercare Services Ltd will be an affected person under s95E of the RMA.

Watercare Feedback—Notification Rule: The specific notification rule has been linked to the proposed water and wastewater development control because:

There are specific assessment criteria at 5.1.6.(i) of the draft Plan for restricted-discretionary applications for buildings in Mixed Use and Terraced and Apartment Housing zones relating to the capacity of existing infrastructure to service the intended development.

However, it is not possible to link the specific notification rule, which is intended to trigger the normal notification provisions of the RMA only where it is proposed to develop on land with infrastructure capacity constraints, to those restricted-discretionary applications which trigger assessment with the infrastructure capacity criteria at 5.1.6.(i). As the Plan is currently drafted, every restricted-discretionary application for buildings in these zones will require assessment against the infrastructure capacity criteria at 5.1.6.(i).

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As a result, if the specific notification rule was linked to assessment against the specific infrastructure criteria, then every restricted-discretionary application for buildings in the Mixed Housing and Terraced and Apartment Building zones would require assessment against the normal notification tests under the RMA. This is not consistent with the aim of the RMA and the Unitary Plan to simplify and streamline consent decision-making.

4. Development controls

4.3 Mixed Housing zone

Add to the list of development controls for the Mixed Housing zone the following:-

4.3.16 Water and Wastewater

Purpose: ensure development can be serviced by connections to the water supply and wastewater networks.

1. Buildings must be able to connect to the water supply and wastewater networks.

Note: As set out above, the proposed development control is required in order to provide for the

notification of restricted-discretionary applications for buildings in Mixed Use, where it is proposed

to develop on land with infrastructure capacity constraints.

In addition, the proposed development control is included in the Mixed Housing zone controls so

that applications to build up to 4 dwellings as a permitted activity in the Mixed Housing zone will

need to satisfy Council that connections are available to Watercare's existing water and wastewater

networks. If connections are not available (ie because there is no or limited capacity within the

existing networks for new network connections), then it is appropriate that applications for up to 4

dwellings become a restricted-discretionary activity (in accordance with Rule 4.1.7.3) for which

resource consent is needed, rather than be permitted as of right. The restricted-discretionary status

of such applications will then trigger the specified notification rule, in line with applications for 5 or

more dwellings in the Mixed Housing zone are already restricted-discretionary activities.

C.3 Terraced and Apartment Building Zone

4.4 Terraced and Apartment Building zone

Add to the list of development controls for the Terraced and Apartment Building zone the following:-

4.4.15 Water and Wastewater

Purpose: ensure development can be serviced by connections to water supply and wastewater networks

1. Buildings must be able to connect to the water supply and wastewater networks.

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Note: As set out above, the proposed development control is required in order to provide for the notification of restricted-discretionary applications for buildings in the Terraced and Apartment Housing zone, where it is proposed to develop on land with infrastructure capacity constraints.

5. Assessment

5.1 Restricted discretionary activities 5.1.2 Assessment criteria

5.2.1.6 Design of carparking, access and storage

Infrastructure capacity

i. There should be adequate capacity and available connections to in the existing stormwater and

wastewater network to service the proposed development.

Design of site infrastructure

j. Required infrastructure must be integrated into the design of the site. This includes low impact

stormwater design devices, overland flow paths/floodplains, wastewater networkssystems, and

water supply.

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ISSUE PAPER 3: ROLE OF WATERCARE AND REFERENCE TO WATERCARE’S CODE OF PRACTICE


1. The draft Unitary Plan seeks to provide for significant growth in Auckland, both through intensification of existing urban areas as well as in new Greenfield areas identified in the Rural Urban Area (RUB). Watercare has signalled to Council on a number of occasions that it will be critical for Watercare to have early involvement in resource consent applications for future residential development contributing to this growth, particularly in areas where there are capacity constraints in its existing network.

2. It is essential that the Unitary Plan provides for, and recognises, Watercare's role in providing the water and wastewater service infrastructure upon which residential growth depends. The challenge for Watercare and the Council will be to ensure that the Unitary Plan provides clear expectations to landowners that applications for future residential development or subdivision will need to be considered in light of any service capacity constraints. Consultation with Watercare early on in the consent process is the most effective way to determine whether available capacity exists and to allow Watercare to work with Council and applicants to determine an appropriate alternative if capacity does not exist.

3. It is also important that the Unitary Plan requires applicants who are seeking connections to Watercare's network, or constructing infrastructure components that may in the future be incorporated into Watercare's network, to meet Watercare’s development standards as set out in the Water and Wastewater Code of Practice for Land Development and Subdivision, Watercare Services Limited 2011.

4. Watercare therefore seeks that the notified version of the Unitary Plan include:

(a) A provision that clearly sets out the role of Watercare and its responsibility for Auckland's water supply and wastewater services, and

(b) Clear and consistent incorporated references to Watercare’s Water and Wastewater Code of Practice for Land Development and Subdivision 2011.

5. Each of these suggestions is discussed in turn below.

Role of Watercare

6. Watercare requests that a “General Rule” be included in the Plan that briefly explains Watercare’s statutory responsibilities and provides a guide to applicants as to when engagement with Watercare may be appropriate. This is similar to the provisions currently included in the Plan in relation to the role of Auckland Transport (Rule 4.1.16.4).

7. While applicants cannot be expressly required to consult Watercare as to the availability of connections to the water and wastewater networks, it is still appropriate for the Unitary Plan to actively "encourage" applicants for relevant development proposals to consult Watercare as to the capacity or otherwise for further network connections. To that end, we suggest that an additional General Rule be included in 4.1.16.4 of the Plan relating to Watercare and its statutory responsibilities:

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4.1.14.4 Roles of Watercare Services Ltd

Watercare Services Ltd (Watercare) is a council-controlled organisation with the statutory responsibility for Auckland’s water supply and wastewater services.

Watercare’s functions include managing its operations efficiently with a view to keeping the overall costs of water supply and wastewater services to its customers (collectively) at the minimum levels consistent with the effective conduct of its undertakings and the long-term integrity of its assets. The effects of water supply and wastewater infrastructure for which Watercare has a responsibility for are managed through the RMA.

Given Watercare’s statutory responsibility for Auckland’s water supply and wastewater services, applicants and requiring authorities are encouraged to consult with council and Watercare where the following types of applications affect Auckland’s water supply and wastewater infrastructure:

Plan change proposals

Notices of requirement and alterations to designations

Resource consents

Outline plan of works

Consultation is encouraged for relevant applications to determine whether connections to Watercare’s reticulated water and wastewater network will be available or whether there may be a delay before necessary connections will be able to be made (in which case the applicants may need to discuss providing an appropriate alternative at their own cost).

It is expected that council will also engage with Watercare on these matters.

Code of Practice

8. Watercare’s Water and Wastewater Code of Practice for Land Development and Subdivision 2011 is based on Standards New Zealand’s NZS 4401: 2010 and applies to infrastructure throughout the Auckland region.

9. It is critical that any additions to the water supply and wastewater network that may be constructed by a private developer, but that will ultimately vest with Watercare, are constructed and maintained in accordance with Watercare’s Water and Wastewater Code of Practice for Land Development and Subdivision 2011. If compliance with the Code is not required in the Unitary Plan, Watercare will be faced in future with failing infrastructure and community pressure to rectify an existing adverse situation. That in turn will have flow on effects for Watercare's AMP, which prioritises works and expenditure across the region as a whole. Watercare supports the specific incorporated references to Watercare’s Code in the draft Unitary Plan provisions. However the draft provisions currently include inconsistent references to the Code. Watercare therefore proposes minor amendments to the assessment criteria in Part 4.2.4 of draft Plan, for clarity.


10. A tracked changed version of the relevant draft provisions which reflects the issues discussed above is attached.

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Issue Paper 3

Role of Watercare / Reference to Code of Practice


A. Part 4 - Rules

4.1.16 General rules

4.1.16.3 Role of Auckland Transport

Auckland Transport is a council-controlled organisation (CCO) with the statutory purpose of

contributing to an effective and efficient land transport system to support Auckland’s social, economic,

environmental and cultural well-being.

Its functions include managing and controlling Auckland's transport system in accordance with the

Local Government (Auckland Council) Act 2009 as road controlling authority. The management of

effects of land use within the road corridor, and for other transport facilities and assets for which

Auckland Transport has ownership responsibilities, is through the RMA. Auckland Transport’s

functions and powers as road controlling authority requires that its views should be given appropriate

weight by the council when making decisions under the RMA where there are material effects on

Auckland's transport system.

Given Auckland Transport’s responsibility as road controlling authority, applicants and requiring

authorities should consult with council where the following types of application affect the transport

system:

plan change proposals

notices of requirement and alterations to designations

resource consents

outline plans of works

It is expected that council will also engage with Auckland Transport on these matters.

4.1.14.4 Role of Watercare Services Ltd

Watercare Services Ltd (Watercare) is a council-controlled organisation with the statutory responsibility for Auckland’s water supply and wastewater services.

Comment [IG1]: ADD new rule related to the Role of Watercare

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Watercare’s functions include managing its operations efficiently with a few to keeping the overall costs of water supply and wastewater services to its customers (collectively) at the minimum levels consistent with the effective conduct of its undertakings and the long-term integrity of its assets. The effects of water supply and wastewater infrastructure for which Watercare has a responsibility for are managed through the RMA.

Given Watercare’s statutory responsibility for Auckland’s water supply and wastewater services, applicants and requiring authorities are encouraged to consult with council and Watercare where the following types of applications affect Auckland’s water supply and wastewater infrastructure:

Plan change proposals

Notices of requirement and alterations to designations

Resource consents

Outline plan of works

Consultation is encouraged for relevant applications to determine whether connections to Watercare’s reticulated water and wastewater network will be available or whether there may be a delay before necessary connections will be able to be made (in which case the applicants may need to discuss providing an appropriate alternative at their own cost).

It is expected that council will also engage with Watercare on these matters.

B. 4.2.4 Subdivision

3.1.2 Assessment criteria

1. The assessment criteria below apply to the activities listed as controlled in the activity table.

Assessment Criteria Boundary Adjustments

Cross leases, company leases and unit titles

Subdivision around existing buildings and/or in accordance with a resource consent

6. Subdivision should have regard to existing development and maintain or provide new infrastructure connections and access.

X X X

8. Sites should be adequately serviced for infrastructure including stormwater, wastewater and water supply

X X X

9. Subdivision should provide for the management of stormwater and wastewater

X X X

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Assessment Criteria Boundary Adjustments

Cross leases, company leases and unit titles

Subdivision around existing buildings and/or in accordance with a resource consent

12. Subdivision should provide coordinated and appropriately designed and located infrastructure and servicing consistent with the standards and specification that meet the requirements of Auckland Transport and Watercare as well as any relevant Code of Practice. Replace with (for Watercare): 12. Subdivision should provide coordinated and appropriately designed and located infrastructure and servicing, which meets the standards for new water and wastewater infrastructure set out in the Water and Wastewater Code of Practice for Land Development and Subdivision, Watercare Services Limited 2011. consistent with the standards and specification that meet the requirements of Auckland Transport and Watercare as well as any relevant Code of Practice. NOTE: A similar provision would be required for Auckland Transport.

X X X

13. Subdivision should include appropriate legal mechanisms where it is necessary to protect infrastructure access and other appropriate features

X X X

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ISSUE PAPER 4: NETWORK UTILITIES AND ENERGY


1. Watercare supports the provision of a specific chapter dedicated to network utilities. Generally, the draft provisions set out a reasonable planning regime for Auckland’s network utilities. However, there are inconsistencies and omissions throughout that could significantly inhibit Watercare’s ability to carry out its function as Auckland’s public water and wastewater service provider.


2. Our feedback has been informed by “road testing” some of our current projects using the Unitary Plan provisions. In light of our findings, Watercare has proposed a number of changes to the draft Unitary Plan provisions to address the following four key areas concerns (as well as a number of consequential changes).

Inconsistent Classification of Network Utility Activities and Structures

3. The activity tables contain several inconsistently classified activities and structures relevant to Watercare. These relate to instances where activities have been incorrectly classified more than once, completely omitted, or they conflict with provisions in other parts of the Unitary Plan.

4. Watercare has proposed modifications to the relevant parts of the activity table to resolve these inconsistencies. The rationale for each change is supported by explanation in the attached document.

Uncertainty throughout Development Controls, Discretion and Assessment Criteria

5. The activity table is structured in a way that classifies activities and structures in both a general category and by specific groupings. However, the development controls, discretion and assessment criteria then take an inconsistent approach in reflecting the activity table’s structure. This leads to uncertainty about which development controls apply to which activity and about what discretion is reserved and which assessment criteria apply for matters requiring resource consent.

6. Examples of this uncertainty are the development controls at 4.2.1.3. For example, the heading at 4.2.3.1 is “permitted activities - specific”; however, the first control at 3.1.1 (construction phase) is general and appears to be intended to apply to all permitted activities. Other “specific” development controls are listed under headings that do not reflect those of the activity table. Similar inconsistencies exist throughout the following discretion and assessment criteria. As a consequence, Watercare is uncertain about (a) what development controls apply to its permitted activity interests and (b) what discretion and assessment criteria are relevant to its activities that are classified as restricted discretionary activities.

7. Watercare has noted various places in the network utilities and energy provisions where clarification is required.

Consequential changes

8. The remainder of the revisions are sought for consistency throughout the document, or are minor changes proposed for clarity, or are deletions to remove unnecessary matters or avoid repetition.

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9. A tracked changed version of the draft network utilities and energy provisions, which reflects the issues discussed above, is attached.

10. Watercare also supports feedback and changes in the Auckland Utility Operator’s Group feedback on this section of the Unitary Plan.

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Issue Paper 4:Network Utilities and Energy Rules

Track Change Version with Watercare Feedback

Watercare Feedback—Network Utilities and Energy: The changes proposed herein do not conflict with or repeat the AUOG feedback. Accordingly, the following outlines additional feedback (including track changes and explanation). Watercare also refers Council to the related commentary in the AUOG feedback (particularly sections 3, 4 and 7 and Appendices 4 and 6).

A. Part 4 - Rules

4.2 Auckland-wide

4.2.1 Infrastructure The following provisions form part of the district plan.

4.2.1.1 Network utilities and energy

1. Activity table

1. The rules in this section relate to the construction, operation and maintenance, repair and upgrade of network utilities and electricity generation facilities and exclude airports, ports, lighthouses, navigation aids and beacons, which are addressed in the relevant zone rules. 2. … 7. This section controls the structures and not the network discharges associated with network utilities and energy facilities. For network discharge controls refer to the Natural Environment rules. 8. … Activity Table

Activity Roads and Unformed roads

Strategic Trans. Corridor zone

Rural zones

Marinas zone (land) and Minor Port zone (land)

Residential zones and the Retirement Village zone

Future Urban zone

Industrial zones and the General Business zones

Centres and Mixed Use zones and the Bus. Park zone

Special purpose zones

Public open space zones

Overlays

General

…

Pipes and cables bridges for the conveyance of water, wastewater, stormwater, electricity and

P P P P P P P P P P P

Comment [HWebb1]: This is added to resolve gaps in the activity table, particularly re construction.

Comment [HWebb2]: It is unclear both here and in the associated development control if these provisions are intended to apply to the pipes and cables or the pipes and cables attached to a bridge. This could be interpreted as excluding pipes and that they are therefore categorised as an ‘aboveground pipe’ that is an RDA. The proposed track changes are still unresolved as the intention of this rule is not known.

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Activity Roads and Unformed roads

Strategic Trans. Corridor zone

Rural zones

Marinas zone (land) and Minor Port zone (land)

Residential zones and the Retirement Village zone

Future Urban zone

Industrial zones and the General Business zones

Centres and Mixed Use zones and the Bus. Park zone

Special purpose zones

Public open space zones

Overlays

telecommunications that are attached to existing structures or bridges Standalone pipe and cable bridges for the conveyance of water, wastewater, stormwater, electricity and telecommunications

P P P P P P P P P P RD

…

Temporary network utilities operating for less than 12 months (Operation for 12 or more months is classified in accordance with the table as if permanent activities)

P P P P P P P P P P CP

…

Watercare Feedback (Water, wastewater and stormwater structures): Due to the extent of Watercare’s feedback on the “water, wastewater and stormwater structures” part of the activity table at 4.2.1.1.1, the following are extracts of that part of the table where track changes are proposed. Where necessary, specific feedback is provided in a feedback text box. Note: where a row of this section of the table is not included, no feedback is proposed.

Water, wastewater and stormwater structures

Water, wastewater and stormwater connections to public networks P P P P P P P P P P RDP

Regarding the track change above, there are no reasonable environmental effects from a connection within an overlay to justify it requiring resource consent. This change also makes this provision consistent with permitted activity gas and electricity connections.

Comment [HWebb3]: This rule is equally unclear as per the note above. Changes to the above text should also be appropriately reflected here.

Comment [HWebb4]: This text is recommended to clarify the classification of temporary activities where it transpires that they operate for twelve or more months.

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Underground reservoirs P P P P P P P P P P P RD

Regarding the track change above, the environmental effects of an underground reservoir primarily relate to land disturbance matters. This is already covered by the land disturbance overlay rules, therefore this is unnecessary duplication (and the effects will be adequately managed). NB: any amenity effects (i.e. vibration and noise) related to pumps etc. are acceptable in the (sensitive) residential zones therefore they should be acceptable in the overlays (i.e. the same permitted baseline is appropriate).

Above ground reservoirs RD RD P P RD RDP P RD P RD RD

Underground pipelines and fittings ancillary structures for the conveyance of water, wastewater and stormwater P P P P P P P P P P RDP

Regarding the track change above, the environmental effects of underground pipelines and ancillary structures primarily relate to land disturbance. This is already covered by the land disturbance overlay rules, therefore this is unnecessary duplication (and the effects will be adequately managed). NB: any amenity effects (i.e. vibration and noise) related to pumps etc. are acceptable in the (sensitive) residential zones therefore they should be acceptable in the overlays (i.e. the same permitted baseline is appropriate).

Aboveground pipelines up to and including 200mm diameter and ancillary structures for the conveyance of water, wastewater and stormwater

P P P P P P P P P P P

Aboveground pipelines exceeding 200mm in diameter and ancillary structuresfittings for the conveyance of water, wastewater and stormwater

RD RD RD RD RD RD RD RD RD RD RD

Regarding the additional row enabling specified aboveground pipelines and ancillary structures as a permitted activity, this enables small scale aboveground pipelines and ancillary structures. This provisions is consistent the equivalent provision enabling above ground gas pipelines up to 2000 kilopascals in numerous zones. Finally, it is also unclear if “General” rows 6 and 7 allow above ground pipelines. Watercare seeks clarification on this.

Water and Wwastewater pump stations P P P P P P P P P P RD

…

Water treatment plants P P P P RD RDP P RD RD RD D

Wastewater treatment plants D D RD D D RD RD D D D D

Stormwater detention/retention ponds C C C C C C C C C C D

Comment [HWebb5]: Water pump stations are not provided for in the draft activity table.

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Water, wastewater and stormwater outfalls and outfallancillary structures. P P P P P P P P P P RD

Ventilation, drop shafts and manholes P P P P P P P P P P RD

Stormwater treatment devices; erosion protection; culverts; measuring devices (flows structures) P P P P P P P P P P RD

Watercare Feedback (Electricity Generation): Due to the extent of Watercare’s feedback on the “electricity generation” part of the activity table at 4.2.1.1.1, the following are extracts of that part of the table where track changes are proposed. Specific feedback is provided in a feedback text box below. Note: where a row of this section of the table is not included, no feedback is proposed.

Electricity generation

…

Other electricity generating facilities NA D D NC D D D D NC D NC

It appears that the row extracted row above from the electricity generation part of the activity table is the only place where permanent backup electricity generators are provided for (temporary backup generators are a permitted activity in the “General” section of the table). Watercare seeks clarification if this is the provision that is intended to be used for these facilities? Watercare also recommends that the “General” section may be a more appropriate place to locate the rules for these facilties. Given that Watercare’s assets are often located in public open space zones, Watercare confirms that permanent backup electricity generators are in fact anticipated in these zones. For example, backup generators are required to ensure wastewater pump stations do not fail and result in overflows. Accordingly a Non-Complying classification (used for anomalous or unanticipated activities and structures) is inappropriate. Therefore a Discretionary Activity classification is more appropriate and it does not limit the Council’s ability to impose conditions or refuse a resource consent application.

…

Comment [HWebb6]: The structure that houses the outfall is not provided for in the draft activity table.

Comment [HWebb7]: Manholes are deleted as these are part of the pipeline structures.

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Watercare Feedback—Development Controls, Discretion and Assessment Criteria: Watercare recommends that development controls, discretion and assessment criteria clearly reflect the ‘general’ versus ‘specific’ classifications used in the activity table. This requires clearly confirming what is subject to what and make sure each “specific” activity is covered (either individually or in logical groups). As drafted the development controls, discretion and assessment criteria are muddled. In particular, the development controls are confusing as to what applies to what activity, therefore compliance with the relevant controls cannot be determined and as a consequence a plan reader cannot be certain of the activity status of a proposal (or for resource consent applications what discretion applies and therefore what an adequate Assessment of Environmental Effects should address).

3. Development controls

3.1 Permitted activities - specific

3.1.1 Construction phase

Permitted activities must comply with the following controls: 1. Reinstatement a. Where the establishment, maintenance or upgrading of a network utility or electricity generation facility involves the disturbance of the ground outside the road, unformed road and Strategic Transport Corridor zone, the utility operator responsible for the work must reinstate the ground to at least the condition existing prior to work starting.

3.1.2 Operation, repair, maintenance and ongoing development of network utilities in roads

…

3.1.3 Operation, repair, maintenance and ongoing development of network utilities and electricity generation facilities in zones

…

3.1.4 Specific activities

Specific activities are not required to comply with the controls in clauses 3.1.2 and 3.1.3 for network utilities and electricity generation facilities. Minor infrastructure upgrading 1. For the purposes of this rule, minor infrastructure upgrading will be considered minor, provided it meets the following controls:

a. minor realignments that include a realignment, reconfiguration or relocation of an existing: i. electricity, gas distribution or telecommunication line, pipe, pole, conductors, cross arms or cabinets ii. water, wastewater or stormwater pipe or structure or ancillary structures (including cabinets) that is within 2m of the existing alignment or location

b. …

Comment [HWebb8]: It is unclear what “ongoing development” means and therefore what activities or structures are subject to this control. Note: this term doesn’t reflect wording in the activity table. Please clarify.

Comment [HWebb9]: It is unclear what “ongoing development” means and therefore what activities or structures are subject to this control. Note: this term doesn’t reflect wording in the activity table. Please clarify.

Comment [HWebb10]: Please confirm which zones this is intended to apply to.

Comment [HWebb11]: It is unclear whether a pipe bridge that doesn’t meet the minor upgrading development control is a Restricted Discretionary Activity?

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h. alterations or replacement of existing water, wastewater or stormwater structures provided that: i. there must be no more than a 105 110 per cent increase in the width, length and/or height of the structure, or ii. the structure is located within the same footprint as the original structure and does not exceed more than 105 110 per cent of the height of the original structure, or

i. replacement of existing aboveground water, wastewater or stormwater pipes provided that the pipe does not exceed 300mm in diameter, or j. replacement of underground water, wastewater or stormwater pipes provided that there must be no more than a 50 per cent increase in the diameter of the pipe.

k. does not involve a new or relocated outfall structure that discharges to an area outside of the influence of the current outfall structure. l. does not increase the potential for flooding or erosion. 2. Provided that all minor infrastructure upgrading: a. will comply with the National Radiation Laboratory Guidelines b. will not result in radio-frequency fields produced by the network utility exceeding the maximum exposure level of the general public in the New Zealand Standard for Radiofrequency Fields Part 1: Maximum Exposure Levels 3 kHz to 300GHz (NZS 2772.1: 1999) measured at all places reasonably accessible to the general public. Standalone pipe and cable bridges 3. Pipe and cable bridges must not exceed: a. 25m in length b. Pipes 1m in diameter. … Telecommunications Antennas attached to buildings 7. … Table 3

Zone groups Height

- Rural zones - Industrial zones - Special purpose zones - Strategic Transport Corridor zone

25m

- Roads and unformed roads 17m

Electricity generation - wind generation Scale and location 12. …

4. Assessment

4.1 Controlled activities

4.1.1 Matters of control The council will restrict its control to the matters below for the activities listed as controlled in the activity table:

Comment [HWebb12]: It is unclear why a 105% threshold is proposed. Watercare maintains its request as per our comments on the September 2012 draft. Based on the Council’s draft Unitary Plan structure, this would require a 110% threshold be inserted here.

Comment [HWebb13]: It is unclear if this includes pipe bridges. Please confirm.

Comment [HWebb14]: It is unclear what the justification is for 50% threshold for underground pipes. Ultimately, relevant effects here relate to land disturbance. However, the land disturbance provisions will capture any scale of land disturbance that is considered inappropriate without resource consent.

Comment [HWebb15]: It is unclear both here and in the activity table if these provisions are intended to apply to the pipes and cables or the pipes and cables attached to a bridge.

Comment [HWebb16]: A 1m diameter control is appropriate for pipes but impractical for bridges.

Comment [HWebb17]: This is contradictory, as the activity table above states you apply the limit for the adjacent zone, which is higher for rural industrial etc. Watercare supports the deletion of this control as specified at Appendix 6 of the AUOG feedback.

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1. Removal of network utilities a. Visual amenity b. Health and safety c. Earthworks. 2. Emergency works a. The type, extent and duration of the emergency works b. The adverse effects of the emergency works on the integrity and values of the overlay c. Any mitigation measures proposed to reduce the impact of the emergency works; particularly where the works will be on-going after the event. 3. Antennas attached to replacement utility structure that do not comply with Regulation 7 of the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 in roads, unformed roads and Strategic Transport Corridor a. Visual amenity b. Height, size and scale c. Use of shroud to encompass antennas. …

4.2 Restricted discretionary activities

4.2.1 Matters of discretion 1. The council will restrict its discretion to the matters in the table below, for the activities listed as restricted discretionary in the activity table: a. Visual effects b. Earthworks c. Design, scale and height d. Technical and operational constraints e. Health and safety f. The positive benefits derived from the infrastructure and network g. Landscaping h. Potential to constrain future planned development i. Noise j. Odour k. The necessity of the activity to the integrity of the infrastructure and network l. The adverse effects of the infrastructure (construction and ongoing operation) on the integrity and values of any relevant overlay m. Ecological impacts n. Impact on areas or values of significance to mana whenua o. The functional need of infrastructure to be located in the proposed location p. Vegetation clearance q. Electrical interference r. Measure required to avoid, remedy or mitigate adverse effects s. Function and amenity of the streetscape, (for activities where located in thea road reserve) t. Shadow Flicker u. Separation from existing residential dwellings v. Number of antennas

4.2.2 Assessment criteria Proposal / Matters for discretion

A B C

D E

F G

H

I J K L

M

N O P

Q R S T U V

Network utilities and electricity generation facilities

X X X X X X X X

Comment [HWebb18]: Delete this in keeping with the change in the activity table enabling removals as a permitted activity. Please note when the Council has reordered the development controls into logical sequence etc., a development control should be added simply requiring that the site is stabilised.

Comment [HWebb19]: This control is redundant because emergency works are a permitted activity. Further a permitted activity development control is not needed as emergency works that result in ongoing effects would be controlled via the retrospective resource consent that is required by the relevant provisions of the Act.

Comment [HWebb20]: Please refer to AUOG feedback

Comment [HWebb21]: This should be deleted as ‘health and safety’ is not a legitimate RMA matter per se, therefore not relevant.

Comment [HWebb22]: Watercare supports the intent however without the additional words this would not be a relevant RMA matter.

Comment [HWebb23]: Firstly “adverse effects” is too wide and secondly, the discretion deals with the relevant effects…inherently related to that is the full consideration of these. This is a pointless matter of discretion.

Comment [HWebb24]: 4.2.1 is written on the basis discretion is specified for RDA activities in table 4.2.1. However, some of the RDA activities are missing from this table therefore it is unclear what discretion is restricted to. See example that is identified below.

Comment [HWebb25]: Good addition, but note that positive effects cannot be weighed at the notification decision…so this is only really relevant at s104.

Comment [HWebb26]: Good addition.

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and works within overlays Overhead electricity and telecommunication lines

X X X X X X X X

Aboveground gas distribution regulator stations, telecommunication cabinets and reservoirs

X X X X X X X X X

Telecommunication antennas and masts

X X X X X

Aboveground pipelines and fittings for the conveyance of water, wastewater and stormwater

X X X X X X

Water and wastewater treatment plants

X X X X X X X X X X X X

Community-scale distributed renewable electricity generation and large-scale wind farms

X X X X X X X X X X X X X X X X X

Research and exploratory-scale investigations for renewable electricity generation activities

X X X X X X X X X X X X X X

1. Visual effects a. The extent to which, when adding infrastructure, cumulative adverse visual effects on the existing character of an area, can be avoided, remedied or mitigated.

Comment [HWebb27]: Above ground reservoirs are an example of an RDA missing from this table therefore discretion is unknown. Watercare seeks that these are added with discretion restricted to matters A – C, E – G and S.

Comment [HWebb28]: Because the table has run over the page, please add the A – V at the top of the table for clarity.

Comment [HWebb29]: Please use numbers and letters consistently throughout discretion and assessment criteria.

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… 5. Health and safetyPositive Benefits a. The extent to which the proposed infrastructure will affect the health and safety of people and communities. ba. The positive effects derived from the infrastructure and network. cb. Whether the infrastructure or upgrade proposed will benefit and contribute to the social and economic development, and wellbeing of businesses, people and communities. … 10. The necessity of the activity to the integrity of the infrastructure and network a. Whether the infrastructure proposed will improve the resilience and security of the network. … 14. Vegetation removal a. Whether vegetation removal is required for the construction of the infrastructure and the extent of any proposed removal. …. 16. Measures required to avoid, remedy or mitigate adverse effects a. Whether any measures are proposed to avoid, remedy or mitigate the adverse effects. …

Comment [HWebb30]: Please use consistent wording as above e.g. vegetation clearance versus vegetation removal.

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ISSUE PAPER 5: WATER QUANTITY, ALLOCATION AND USE


1. Watercare has a statutory obligation under the Local Government (Auckland Council) Act 2009 to supply water to urban areas of Auckland. It is essential that Watercare’s existing water sources continue to be made available for municipal water supply, including for firefighting purposes.

2. The anticipated growth in Auckland’s population will have significant implications for Watercare. Watercare is currently exploring different options for additional water sources to provide for this growing demand into the future. With a limit on the amount of water available within the region, it is essential that municipal water supply be the first priority for allocation of this water to ensure that drinking water continues to be available to meet the needs of Auckland’s population.

3. As well as water for municipal water supply, Watercare’s infrastructure activities may require the take, use, damming and/or diversion of water for construction, maintenance and repair. Day-to-day operations with minor potential for adverse effects on the environment should be provided for as permitted activities to avoid triggering resource consent requirements for small scale activities. This is required to ensure Watercare meets its obligations to undertake this work efficiently.

Overview of Key Changes Sought by Watercare

4. Watercare has proposed a number of changes to the draft Unitary Plan provisions to address the following key concerns (as well as a number of consequential changes). Structure

5. The objectives and policies on water quantity, allocation and use in Parts 2 and 3 of the draft Unitary Plan overlap and are not completely consistent. Duplication should be avoided, and the Part 3 objectives and policies should clearly relate to the Part 2 ARPS objectives and policies.

6. Policies should be clearly linked to objectives. Further, the objectives and policies should address a single issue only (e.g, water allocation, or the use of water). This will assist implementation by ensuring it is clear whether an application is consistent with each objective and policy.

7. Some policies provide detailed guidance for the assessment of resource consent applications, and are better located within the assessment criteria section than as higher level policy. Priority of municipal water supply

8. The policy direction set in the Unitary Plan intends to make provision of domestic and municipal water supply the first priority for use of water. Watercare supports this policy direction. However, this priority is not clearly supported by other objectives and policies, and by the rules for water take and use. To ensure that this priority is achieved through implementation of the Unitary Plan provisions, it is important to better recognise the significant benefits of municipal water supply to the community in the objectives and policies. It is also necessary to provide clear policy as to when it is possible to exceed the interim guidelines or determined limits, to address municipal water supply needs.

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9. To support the objectives and policies prioritising municipal water supply, new rules are proposed in the activity table to enable application for new or increased municipal water supply as a restricted discretionary activity.

10. “Municipal water supply” will require a definition so it is clear what takes will benefit from the relevant objectives, policies and rules. In particular, Watercare considers it is important that municipal water supply is differentiated from individual domestic needs under s14(3)b) of the RMA and private domestic and industrial supplies. Municipal water supply has particular requirements and challenges including the large volume of water required to service the growing Auckland population.

Water management plan

11. The policies and controls place reliance upon a “water management plan” to demonstrate justification for the need for a water take or damming for municipal water supply. It will be important to have a clear definition and process setting out what a water management plan should include. Watercare recommends that a simple definition is included in Part 5 of the Unitary Plan, with an additional section on ‘special information requirements’, similar to other sections in the draft Unitary Plan, included to provide further direction about what the expectations are for the water management plan. Protection of existing takes

12. It is essential that existing water takes for municipal water supply are protected. Refusal to renew an existing water take consent would significantly affect Waterare’s ability to meet its statutory obligations and continue to provide water to Auckland’s communities. New rules are proposed in the activity table to allow renewal of existing water takes for municipal water supply as Controlled Activities, where the water source is not overallocated. This will ensure they cannot be declined. Importantly, conditions can still be imposed to managed potential adverse effects of renewed takes.

Damming of water

13. It is unlikely that any of Watercare’s dams would meet the controls to be a permitted activity, due to their size and extent. Existing dams provide the large majority of water for municipal water supply within the region. A new rule is proposed to allow renewal of existing damming of water consents for municipal water supply to be assessed as a restricted discretionary activity, rather than the default discretionary. This allows for assessment to be focussed on the potential areas of risk, rather than a full reassessment of all matters that were already considered when the existing consents were granted. This minimises the security risk to Watercare’s water supply while allowing environmental effects to be adequately considered in the assessment and imposition of conditions.

14. The anticipated urban growth in the region will significantly increase demand on Watercare’s municipal water supply. To meet this demand, various options are being considered. Amendments are proposed in the regional policies to recognise the potential of the best practicable option being the construction of a new dam outside of the existing water supply management areas.

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Distinction between interim guidelines and allocation limits

15. It is important that the use of the interim guidelines when assessing resource consents provides a balance between enabling use of water, and ensuring that water resources are not overallocated to the extent that ecological values or sustainable use of the water resource is compromised. In some cases there may be significantly more water available for sustainable use from a water resource than anticipated under the interim guidelines. Interim guidelines that are not based on catchment or aquifer specific information should not restrict the availability of water for use for municipal water supply when it can be demonstrated that the water allocation sought will not deplete the resource or result in significant ecological effects. Amendments are proposed to the objectives and policies to provide clarity about the appropriate use of the interim guidelines.

16. It is anticipated the catchment-specific limits, when developed, will be scientifically robust. To reflect the policy approach in the Freshwater NPS, a different approach for managing allocation will be required when limits have been developed. Additional policies are recommended to clarify the distinction between management under the interim guidelines, and under the allocation limits.

Water for network utilities

17. Watercare’s day-to-day operations involve construction, operation, repair and maintenance of meters, backflow prevention devices, pipes, and other network assets. This work may require the temporary take, use, damming and/or diversion of water to facilitate the construction, operation, repair and maintenance of infrastructure. This also applies to other network utility operators. Where the risk of adverse effects on a water resource from these works is very low, it is appropriate that works should be able to proceed without requiring a resource consent. Appropriate additional permitted activity rules and controls are proposed to enable these essential day-to-day operations to occur whilst minimising potential adverse effects. This is consistent with the general enabling provisions for network utilities under Section 3.1.1.1 and 4.2.1.1 of the draft Unitary Plan.

Groundwater diversion

18. The proposed groundwater diversion rules appear to be intended to provide greater clarity as to when diversion is a permitted activity. However, there are a number of potential unintended consequences for Watercare’s operations. These include:

requiring a consent for diversion of groundwater for any tunnel greater than 1m even when there are no settlement effects, or effects on existing groundwater takes;

requiring a consent for any trench of open excavation that diverts groundwater within the road reserve due to the separation distances required from other structures (which, by definition, includes pipes); and

requiring consent for diversion of groundwater when laying a pipe in a road past a scheduled buidling even where there are no potential settlement effects.

19. Further, the proposed parameters, particularly around a maximum 1m tunnel as a permitted activity, require technical justification.

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20. The permitted activity controls require further analysis to ensure an appropriate balance is achieved between providing clarity, enabling activities, and addressing likely effects from the diversion of groundwater. Appropriate controls will also need to be developed for network utilities.


21. The remainder of the revisions are sought for consistency throughout the document, or are minor changes proposed for clarity, or are deletions to avoid repetition. This includes providing matters of discretion for activities listed as restricted discretionary activities.

Supporting Documentation

22. A tracked changed version of the draft water quantity, allocation and use provisions, which reflects the issues discussed above, is attached.

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Issue Paper 5: Water Quantity, Allocation, and Use

Track Change Version with Watercare Comments

A. Part 2 - Regional Policy Statement

2.6 Sustainably managing our natural resources

2.6.3 Freshwater

Introduction [EXTRACTS ONLY] Lakes, rivers, streams and wetlands including their headwaters, margins and associated flood plains make up our natural freshwater systems. They are valued for their natural character, landscape, ecological and biodiversity values, amenity and recreational values, navigation and access, and stock, domestic and municipal water supply. They also provide an essential link between the land and the sea, including natural processes to regulate runoff during storms, receive and filter contaminants, and allow fish to reach spawning areas and upstream habitats. Auckland is characterised by relatively small and shallow natural lakes, remnant numbers of wetlands, a few larger rivers and a network of small, shallow and short streams. Groundwater aquifers underlie both urban and rural areas and there are geothermal resources at Waiwera and Parakai, which are currently fully allocated. The sources of municipal water supply for Auckland includes a number of dam impounded water supply lakes created by dams, rivers, and groundwater aquifers. Maintenance of the quality of freshwater and more targetedbetter management of its amount, allocation and use can improve the relationship between demand and supply of both surface and groundwater.

Objectives 1. The natural, human usesocial, economic and cultural values of freshwater resources that are important to Auckland's community are safeguarded when land and freshwater is used and developed. 2. The quality of freshwater is maintained and where appropriate restored and enhanced. 3. Freshwater resources are managed and allocated to support their natural values and to make efficient use of availableprovide water for economic, socialsocial, economic and cultural purposes, to the extent practicable. 4. Freshwater resources are used efficiently with the The amount of freshwater used by Auckland is progressively reduced on a per head capita basis progressively reduced, to the extent practicable.. 5. Stormwater quantity is reduced and stormwater quality is improved in both urban and rural areas by the use of appropriate techniques.

Policies Natural freshwater systems 1. Manage land use, development and subdivision to: a. avoid the permanent loss of lakes, rivers, streams and wetlands and their margins, particularly the

Comment [CJR1]: Definitions required – recommendations at the end of this document (C. Part 4).

Comment [CJR2]: Begin with the general recognition of the values of freshwater that need to be protected when looking at quality and quantity (objective 1); then address quality (objective 2), allocation (objective 3), and use of water separately (objective 4), for clarity. (NB: Stormwater and wastewater addressed in separate issues paper).

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piping and infilling of streams and their headwaters b. minimise the erosion and modification of stream beds and banks c. protect and enhance the supporting elements of remaining rivers and streams including their headwaters, riparian margins and vegetation, flood plains and wetland areas d. retain and enhance the connectivity between land, natural freshwater systems and the coast, as far as possible where practicable e. avoid the permanent diversion of rivers and streams unless required for community public health and safety, or significant infrastructure f. adopt water-sensitive design and green infrastructure in new greenfield and major redevelopment areas g. manage stormwater flows appropriately to minimise adverse effects on stream channels and the other values of natural freshwater systems h. enhance the values of natural freshwater systems. Managing freshwater quality 2. Manage subdivision, land use and development to: a. maintain and enhance existing riparian vegetation located on the margins of streams in natural stream management areas b. avoid land use development where it would adversely impact on the water quality or biodiversity values in identified natural lake, natural stream and wetland management areas and in SEAs. c. reduce the potential for contaminants generated on or discharged to land at both point source and non-point sources to enter surface water and groundwater d. reduce flows into stormwater networks e. maintain rivers in greenfield areas and maintain remaining rivers in developed urban areas f. use opportunities provided by land use change to restore and enhance intrinsic freshwater values where practicable g. maintain or enhance as far as practicable, navigation along rivers and public access to and along rivers h. avoid adverse effects, or where adverse effects cannot be avoided, remedy or mitigate adverse effects on Mana Whenua values associated with freshwater resources, including wāhi tapu, wahi taonga and mahinga kai i. avoid adverse effects, or where adverse effects cannot be avoided, remedy or mitigate adverse effects on the quality of receiving water, including its ecology and mauri, where such water is subject to any new inter-catchment transfer or mixing of water j. integrate with the management of freshwater and coastal water quality, including the use of the Macroinvertebrate Community Index (MCI) guidelines to manage the adverse effects of contaminant discharges into freshwater bodies

k. avoid adverse effects on the water quality of catchments and aquifers which provide water for domestic water supply and municipal water supply. Freshwater quantity, allocation and use 3. Manage the quantity of water taken from natural freshwater systems by: a. establishing limits for allocation

ab. generally avoiding further over allocation of water b. establishing limits below which water cannot be allocated c. safeguarding spring flows, surface water body base flows, the recharge of adjacent aquifers, and geothermal temperature. and amenity. 4. Manage the allocation of freshwater by giving priority in the following order to: a. existing and reasonably foreseeable domestic water supply, and public municipal water supply and animal drinking water requirements b. existing lawfully established water users c. uses of water for which alternative water sources are unavailable or unsuitable d. all other uses. 5. Promote the taking of groundwater rather than the taking of water from rivers and streams in areas where groundwater is available for allocation.

Comment [CJR3]: First need to have limits, before you can avoid over allocation

Comment [CJR4]: Further detail provided in Part 3 objectives and policies

Comment [CJR5]: Amenity won’t always be able to be ‘safeguarded’, although can be considered. Focus on ‘safeguarding’ natural values and sustainable flows and takes.

Comment [CJR6]: Support municipal water supply as highest priority – note overlap with Part 3 objectives and policies.

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6… Sediment runoff 7. … Integrated management of land use and freshwater 8. Integrate the management of land use development and natural freshwater systems by: a. requiring significant intensification or land use change of existing urban areas to be supported by comprehensive and integrated land use and water management planning processes b. ensuring water supply, stormwater and wastewater collection and treatment infrastructure are adequately provided for in areas of new growth or intensification c. requiring new urban development and infrastructure to adopt water-sensitive design d. controlling the use of land where highly contaminated discharges are likely to occur, to protectadversely affect natural freshwater systems. Urban stormwater and wastewater [see Watercare Issues paper and tracked changes for Wastewater/Stormwater discharges – Appendix x] 9. ….

B. Part 3 - Regional and district

3.1.3 Natural Resources

3.1.4.16 Water

3.1.3.16.2 Water quantity, allocation and use

Background Current demand for water already equals or exceeds availability in some surface water bodies and aquifers in Auckland. Projected future growth is expected to increase competition for freshwater. The first prioritiesy for the taking and use of water is for individual domestic and animal drinking purposes, which are allowed by the RMA without the need for any consents, and for municipal water supply. Choices then have to be made about the amount of water available for the municipal water supply, industrial and rural activities, and other users. Choices also have to be made about how much water must be left in lakes, rivers or streams to protect their ecological values, base flows, water quality and amenity values. The small nature of Auckland's streams means that they are particularly vulnerable at times of low flow in summer when water quality can be at its most degraded and when demand is generally at its peak. Abstracting groundwater from aquifers, especially those rural aquifers that are already highly used, can reduce water levels, especially in summer and reduce the flow available to feed springs and streams. These extraction pressures can also lead to salt water intrusion into the aquifer. The objectives and policies of this section focus on matching Auckland's demand for freshwater, with available surface and groundwater resources and at the same time protecting the life supporting capacity of freshwater. Improved water allocation outcomes are sought that are integrated across a whole catchment or aquifer, support more efficient use of water and reduce wastage. The National Policy Statement for Freshwater Management 2011 requires that freshwater objectives are established and environmental flows and or levels set for all freshwater bodies in Auckland. Water allocation interim guidelines, availability and limits are included in Appendices 5.2 and 5.7 to guide the assessment of applications to take, use, dam or divert surface water and groundwater. These interim guidelines will be expanded and updated to meet the requirement of the national policy statement. Auckland Council will develop catchment-specific limits for freshwater through community consultation and scientific research, to replace the interim water availability guidelines, if necessary to maintain catchment specific freshwater values.

Comment [CJR7]: Important that municipal water supply is recognised up front as a first priority, not competing with industrial and rural activities or other uses

Comment [CJR8]: This was policy 4 in the draft. Sits better as an explanation of Council’s intent than as a policy, as it doesn’t help the assessment of applications.

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The national policy statement also requires the inclusion of interim policies in this plan to guide water allocation, until such time as the Unitary Plan's provisions are operative.

Objectives [COMMENT: for clarity, objectives should reflect quantity, allocation and use as per the chapter heading] 1. Taking of fFreshwater in surface rivers and groundwater aquifers is enabled available for use while ensuring:

a. sufficient water is retained to safeguard the life supporting capacity of freshwater, including its ecosystem processes and indigenous species and their associated ecosystems; and b. water can continue to be taken for social, economic and cultural purposes in the future.

the aquatic values of surface water are maintained and aquifer capacity is not overdrawn. 2. Freshwater resources meet current and future water needs. 3. Water use is prioritisedAllocation of water is prioritised, having regard to:

a. the significant community benefits that derive from domestic water supply and municipal water supply takes

b. the recognition that existing water takes contribute to social and economic wellbeing and in some cases significant investment relies on the continuation of those takes

c. the potential of a water take to meet other future social, economic and cultural needs of individuals and communities..

3. Water is used efficiently.

Policies [COMMENT: For clarity, these policies should be re-ordered to relate to the objectives]

Priority of water use 1. Manage the allocation of freshwater within the guidelines provided by Appendix 5.2 to generally give priority to making water available for the following uses (in descending order of priority): a. existing and reasonably foreseeable domestic water supply and municipal water supply and animal drinking water requirements b. existing lawfully established water users c. uses of water for which alternative water sources are unavailable or unsuitable d. all other uses. Efficient use 2. Promote the efficient use of freshwater by: a. requiring the amount of water taken and used to be reasonable and justifiable with regard to the intended use, and where appropriate: i. municipal water supplies are justified supported by way of a water management plan ii. industrial supplies implement industry good practice, in respect of the efficient use of water for that particular activity or industry iii. irrigation takes are limited to a maximum seasonal allocation based on estimated crop water requirements b. requiring consideration use of water conservation methods, where practical c. facilitating the transfer of surface water take permits, provided the transfer is within the same surface water catchment and does not result in site-specific adverse effects d. promoting the shared use and management of water through water user groups or other arrangements where it results in an increased efficiency in the use and allocation of water. Water allocation interim guidelines, availabilities and limits [COMMENT: Clear distinction is required between managing allocation under the interim guidelines, and managing allocation once catchment-specific limits are set]

Comment [CJR9]: The policies and interim guidelines will have affect upon notification of the Plan.

Comment [CJR10]: Quantity. Reflects Part 2 ARPS objectives and policies, and section 5 of the RMA (enable, while..)

Comment [CJR11]: Sustainable takes is relevant to quantity, therefore is incorporated into Objective 1(b) above

Comment [CJR12]: Allocation. This objective sets out why priority is being established – to recognise the competing benefits of different uses of water. Actual priority set in the policies.

Comment [CJR13]: Use. General objective to use water efficiently.

Comment [CJR14]: Guidelines addressed elsewhere. This policy is for priority only. Note that this duplicates ARPS Freshwater Policy 4.

Comment [CJR15]: “Generally” weakens the priority list – this should be clear

Comment [CJR16]: Support as highest priority. These priorities need to be followed through in the methods.

Comment [CJR17]: Needs definition – see end of this document (D. Part 5)

Comment [CJR18]: Support

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3. Until catchment-specific limits for freshwater are established, mManage the taking, use, damming other than for municipal water supply, and diversion of surface water and groundwater so that: a. the interim minimum flow and allocation guidelines in Table 1 in Appendix 5.2; and/or b. the interim aquifer availability and interim groundwater levels in Tables 1 and 2 in Appendix 5.7

are generally not exceededexceeded, except where:

i. it is demonstrated that additional water is available for sustainable allocation, or

10ii. Allow takes that exceed the guidelines in Table 1 Appendix 5.2 when the river flow is greater than the median flow, provided the total take does not exceed 10 per cent of the flow in the river or stream at the time of abstraction, and natural flow variability is maintained., or

iii. where damming is for municipal water supply (see Policy 18), or

iv. where a water management plan demonstrates there is no practicable alternative for municipal water supply to meet existing demand and to cater for planned urban growth. 4. Develop catchment-specific limits for freshwater through community consultation and scientific research, to replace the interim water availability guidelines, if necessary to maintain catchment specific freshwater values.

Take and use of water [COMMENT: It is recommended that policies 5-8 be relocated to assessment criteria, as they provide specific direction as to what should be assessed in resource consent applications. See C. Part 4] 5. Require proposals to take and use water from lakes, rivers, streams, springs or wetlands to demonstrate that: a. the taking of surface water from any river or stream is within the guideline in Table 1: Interim river and stream minimum flow and allocation in Appendix 5.2 b. appropriate water levels and downstream flow regimes will be maintained, including: i. low flows in rivers and streams to protect in-stream values ii. flow variability in rivers, streams and springs iii. water levels and flows in wetlands that ensure the vegetation and habitat values of the wetland are protected throughout the year iv. water levels in lakes that maintain the ecological values and water quality of the lake and its shoreline stability, and enable recreational use v. existing lawfully established takes are able to abstract their allocated amount of water c. the taking of water will be at times of the day or year that will safeguard the identified freshwater values of the water body d. intake structures will be designed, constructed, operated and maintained to avoid adverse effects on biota, including the entrainment and impingement of fish e. there are options for implementing water conservation measures in times of water shortage. 6. Require proposals to take and use groundwater from any aquifer to demonstrate that: a. the taking is within the interim availability for the aquifer in Table 2: Interim aquifer groundwater levels in Appendix 5.7 i. recharge to other aquifers is maintained ii. aquifer consolidation and surface subsidence is avoided b. the taking will avoid, remedy or mitigate adverse effects on surface water flows, including: i. base flow of streams and springs ii. any stream flow requirements c. the taking will not cause saltwater intrusion or any other contamination d. the taking will not cause adverse interference effects on neighbouring bores to the extent their owners are prevented from obtaining their lawfully established water takes e. requirement (6d) will not apply in the following circumstances: i. where it is practicably possible to locate the pump intake at a greater depth within the affected bore ii. where it can be demonstrated that the bore accesses or could access groundwater at a deeper

Comment [CJR19]: Make it clear that this applies to interim guidelines only

Comment [CJR20]: This qualifies the ‘generally’ and provides specific direction for when the guidelines can be exceeded.

Comment [CJR21]: Relocated from proposed policy 10. It sits better here as it is addresses an instance where allocation above the interim guidelines may be appropriate

Comment [CJR22]: Moved to explanation as it isn’t a policy as such, just a method to help achieve the objectives and policies

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level within the same aquifer, if drilled or cased to a greater depth f. the proposed bore is capable of extracting the quantity of groundwater applied for. 7. Consider mitigation options, where there are significant adverse effects on the matters identified in policies 5 and 6 above, where they are relevant to the type of adverse effect and may include: a. consideration of alternative rates and timing of takes for both surface water and groundwater b. use of alternative water supplies c. use of water conservation methods when water shortage conditions apply d. provision for fish passage in rivers and streams e. wetland creation or enhancement of existing wetlands. 8. Require proposals to take and use surface water and groundwater to monitor the effects of the take on the quality and quantity of the freshwater resource by measurements of a type and scale appropriate for the activity, including: a. measurement and recording of water use; and/or b. measurement and recording of water flows and levels; or c. sampling and assessment of water quality and freshwater ecology. 9. Manage water availability, where water allocation exceeds or is close to exceeding the guidelines in Table 1: Aquifer water availabilities and Table 2: Interim aquifer groundwater levels in Appendix 5.7 by: a. Generally not granting new consent applications to take water, except where provided for by Policy 3 b. reducing existing takes over time by: i. encouraging voluntary reductions in water use ii. reviewing existing consents to align water allocations to the actual historical use of water c. reviews of existing allocations under b(ii) must not apply to takes for municipal water supply, where a water management plan demonstrates there is no practicable alternative for municipal water supply to meet existing demand and to cater for planned urban growth.a necessary increase in abstraction to cater for planned urban growth d. reviewing existing consents to require the efficient use of water. 10. Allow takes that exceed the guidelines in Table 1 Appendix 5.2 when the river flow is greater than the median flow, provided the total take does not exceed 10 per cent of the flow in the river or stream at the time of abstraction, and natural flow variability is maintained. 11. Where catchment-specific limits for freshwater have replaced the interim guidelines, manage the taking, use, damming and diversion of surface water and groundwater so that the allocation limits are not exceeded, except where:

i. a water management plan demonstrates there is no practicable alternative for municipal water supply to meet existing demand and to cater for planned urban growth. 12. Manage water availability, where water allocation exceeds catchment-specific limits, by: a. Not granting new consent applications to take water, except where provided for by Policy 11 b. reducing existing takes over time by: i. encouraging voluntary reductions in water use ii. reviewing existing consents to align water allocations to the actual historical use of water c. reviews of existing allocations under b(ii) must not apply to takes for municipal water supply, where a water management plan demonstrates there is no practicable alternative for municipal water supply to meet existing demand and to cater for planned urban growth. National Policy Statement on Freshwater Management Policy B7 and direction 11. Until such time as policies 1-10 become operative, when considering any application that affects the allocation of freshwater, its allocation limits and over-allocation the council must have regard to the following matters: a. the extent to which the change would adversely affect safeguarding the life supporting capacity of freshwater and of any associated ecosystem b. the extent to which it is feasible and dependable that any adverse effect on the life-supporting capacity of freshwater and of any associated ecosystem resulting from the change would be avoided.

Comment [CJR23]: This should be relocated to directly under Policy 3, under the heading ‘Water allocation interim guidelines, availabilities and limits’, as this is still talking about how to manage allocation with the interim guidelines

Comment [CJR24]: Consistent phrasing

Comment [CJR25]: Relocated (see Policy 3)

Comment [CJR26]: Once limits are set, the Freshwater NPS requires ‘avoiding’ overallocation (Objective B2). The limits will be more robust so there should be less flexibility than with the interim guidelines. However, due to the demands on municipal water supply, some flexibility needs to be retained for where there is no other practical option to meet existing and anticipated demand.

Comment [CJR27]: Policy also needs to address what happens when actual developed limits (not the guidelines) are exceeded.

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12. Policy 11 above applies to: a. any new activity b. any change in the character, intensity or scale of any established activity that involves any taking, using, damming or diverting of freshwater or draining of any wetland which is likely to result in any more than minor adverse change in the natural variability of flows or level of any freshwater, compared to that which immediately preceded the commencement of the new activity or the change in the established activity, or in the case of a change in an intermittent or seasonal activity, compared to that on the last occasion on which the activity was carried out. Comprehensive reviews of consents 13. Resource consents granted to take, use or dam surface water, to take groundwater and to discharge contaminants to land or freshwater shall include a condition setting the duration, review and expiry date of the consent to enable the concurrent review of all consents as a basis for a comprehensive and integrated review of water quality and water quantity issues in the catchment or aquifer system. Damming of surface water 14. Encourage the use of off-stream river dams in preference to on-line river dams. 15. Avoid establishing dams in natural lake, natural wetland and natural stream management areas other than: a. where these areas are in a water supply management area b. the dam is necessary for the protection or maintenance of the natural values of the management area and there are no practicable alternative methods to achieve this protection c. where a water management plan demonstrates there is no practicable alternative for municipal water supply growth to meet existing demand and to cater for planned urban growth. 16. Require proposals to dam a river for which a resource consent is required to demonstrate that: a. adverse effects on fish passage are avoided or remedied, where native fish and/or habitats actually or potentially exist upstream b. appropriate water levels and downstream flow regimes will be maintained, including: i. low flows in rivers and streams to protect in stream values ii. downstream flow variability iii. water levels and flows in wetlands to protect vegetation and habitat values of the wetland throughout the year iv. water levels in lakes to protect the ecological values and water quality of the lake, maintain shoreline stability and enable recreational use c. existing lawfully established upstream and downstream water uses are not adversely affected by the damming proposal, including those allowed by s. 14 (3) (b) of the RMA d. Māori cultural values associated with the wetland, lake or river are taken into account e. the design, construction, operation and maintenance of the dam avoids significant adverse effects and remedies or mitigates other effects on: i. flooding ii. bank or bed erosion or aggregation iii. restriction of drainage of any property iv. land instability v. people and communities vi. the habitat of fauna or flora, including wetlands, either upstream or downstream of the dam vii. catchment conditions arising from the scale, location or number of dams in the catchment. 17. Require proposals to dam a river or establish an off-stream dam to monitor the effects of the dam by measurements of a type and scale appropriate for the activity, including: a. inspection of dam embankments and spillways b. measurement and recording of embankment internal water levels and pressures; or c. sampling and assessment of water quality and freshwater biota in on-line dams. 18. Allow municipal water supply dams to dam, take and use the full available flow in a river provided that a residual flow and periodic flushing flows are released from the dam sufficient to maintain the existing downstream water use, aquatic and instream ecosystem and amenity values.

Comment [CJR28]: These matters are dealt with through the objective, policies and assessment criteria. These policies are not necessary provided that the NPS is reflected in the proposed policy.

Comment [CJR29]: Consistency of terms

Comment [CJR30]: Support.

Comment [CJR31]: The most practicable option to service growth in demand for municipal water supply could be to put a new dam in the Waitaks or Hunuas, outside of the existing water supply management area overlay. Some flexibility is therefore required.

Comment [CJR32]: Moved to assessment criteria

Comment [CJR33]: Don’t need to deal with dam stability here. Controlled under NZ Dam Safety Scheme, which is under the Building Act. Water quality and freshwater monitoring can occur elsewhere (e.g. assessment criteria).

Comment [CJR34]: “Amenity values” is broad and not relevant to a municipal water supply dam – primary goal is to supply water to Auckland, while maintaining base flows for ecological values.

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Surface water diversions 19. Require proposals to divert surface water for which a resource consent is required to demonstrate the diversion will avoid significant adverse effects and remedy or mitigate other adverse effects including those on: a. existing lawfully established surface water takes including those allowed by s. 14 (3) (b) of the RMA b. existing buildings, structures and services c. existing flood hazard risks d. river bank stability e. places of historic heritage significance or places of significance to Mana Whenua f. people and communities. Water shortage directions 20. Where there is a serious temporary shortage of water in Auckland, a water shortage direction may be issued under s. 329 of the RMA that: a. imposes restrictions on water takes, including day on/day off abstraction rostering, rationing or cessation of takes b. applies restrictions to all existing consents unless these consents already contain conditions relating to water restrictions c. applies restrictions to new and replacement consents, which may address the matters listed in policy 18, or may be specific to the particular take and water body d. allows takes to resume once the river flow has risen above its minimum flow or the aquifer has risen above its minimum level. 21. When a river is at or below its Table 1: Interim river and stream minimum flow and allocation in Appendix 5.2 and or Table 2: Interim aquifer groundwater levels in Appendix 5.7 , water takes may be restricted, with priority given to the following uses to access available water: a. priority A takes - takes allowed under s. 14 (3) (e) of the RMA for fire-fighting purposes must be able to continue regardless of river flow or aquifer level b. priority B takes are: i. permitted by this Unitary Plan or allowed under s. 14 (3) (b) of the RMA, including an individual’s reasonable domestic needs and the reasonable needs of an individual’s animals for drinking water ii. for domestic water supply and municipal water suppliessupply, unless a Water Management Plan provides differently iii. for animal welfare and sanitation, including drinking water, dairy shed wash down and milk cooling iv. for perishable food processing v. for irrigating water-sensitive crops, including viticulture and horticultural crops grown for human consumption vi. marae, schools or other education facilities will be required to reduce their daily rate of take as averaged over the proceeding five consecutive days by 15 per cent c. priority C takes – all other takes will be required to reduce their daily rate of take as averaged over the proceeding five consecutive days preceding the date of the water shortage direction by 75 per cent. Diversion of groundwater 22. Require proposals to divert groundwater, in addition to the matters addressed in policy 6, to ensure that: a. the proposal avoids, remedies or mitigates any ground settlement that may result in any adverse effects including: i. damage to structures ii. damage to buildings iii. damage to services e.g. roads, pavements, power, gas, electricity, and fibre optic cables b. the groundwater diversion does not cause or exacerbate any flooding c. monitoring has been incorporated where appropriate, including: i. measurement and recording of water levels and pressures ii. measurement and recording of the movement of ground, buildings and other structures.

Comment [CJR35]: Relocated to assessment criteria, consistent with above approach.

Comment [CJR36]: For clarity, it is good to include these here so there is no need for a reader to check what is in s14(3)(b)

Comment [CJR37]: Support. Best for a non-statutory, flexible Water Management Plan to address how best to deal with municipal water in these circumstances, rather than specifying here

Comment [CJR38]: Relocated to assessment criteria, consistent with above approach.

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C. Part 4 - Rules

4.2.3.15 Taking, using, damming and diversion of water

Introduction

The following rules, controls and assessment criteria apply to the taking, using, damming and diversion of surface water and groundwater in accordance with s. 14(1) and s. 14(3) of the RMA. They also provide for a limited range of discharges of water under s. 15 of the RMA when associated with the diversion of surface water or groundwater. Water is essential to the social, economic and cultural well-being of Auckland and is highly valued for both its in-stream qualities, and its out-of-stream benefits for various uses. Inappropriate use and management of water resources can have adverse effects on other water users, ecosystems, land stability and structures. This section addresses the diversion of surface water and groundwater, and should be read in conjunction with parts 4.2.3.6 Flooding and 4.2.3.8 Lakes, rivers and wetland management, with respect to the placement of fill and structures within floodplains and water bodies.

1. Activity table

Activity All zones

High-use stream management area

Wetland management areas

Take and use of surface water

Up to 20m3/day of water from a lake P D P

Up to 5m3/day of water from a river or spring

P D P

Water from a lawfully established off-river dam

P D P

Up to 5m3/day of water from a lawfully established on-river dam

P D P

More than 20m3/day and no more than 100m3/day of water from a lake

RD D NC

More than 5m3/day and no more than 100m3/day of water from a river or spring

RD D NC

More than 5m3/day and no more than 100m3/day of water from a lawfully

RD D NC

Comment [CJR39]: This needs to be a consistent term throughout the Plan.

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established on-river dam Take and use of surface water, including dams, not complying with the permitted or restricted discretionary controls

D D D

Renewal of a resource consent to take and use surface water for municipal water supply purposes

C C C

Take and use water from surface water for municipal water supply purposes, not otherwise provided for as a permitted or controlled activity

RD RD RD

Diverting surface water and associated discharge of water

Drainage of production land P P NC

Diversion in an artificial watercourse P P NC

The discharge of water into water associated with drainage of production land or diversion of an artificial watercourse

P P NC

Diverting surface water not meeting the permitted activity controls

D D D

Take and use of groundwater

5m3/day when averaged over any consecutive 20-day period

P P D

20m3/day, when averaged over any consecutive five-day period, and no more than 5000m3/year

P P D

More than 20m3/day and no more than 100m3/day

RD RD RD

More than 5,000m3/year and no more than 15,000m3/year

RD RD RD

Comment [CJR40]: Refusal of a consent to keep taking existing volumes from existing sources would be a huge risk for Watercare. Where sources are not over-allocated, effects can be adequately addressed through conditions of a controlled activity consent.

Comment [CJR41]: Special requirements apply to municipal water supply. These can be listed in matters of discretion.

Comment [CJR42]: Suggest relocating so all the take rules are together, then diversion rules

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Take and use of water from puna wai (natural springs) in land within the Māori Land overlay

P P P

Pump testing a bore for seven days at up to 1000m3/day

P P P

Infiltration and leakage into stormwater and sewer pipes

P P P

Land drainage P P D

Take and use of groundwater not complying with the permitted or restricted discretionary controls

D D D

Take and use of geothermal water for non-bathing use, unless it is for the communal benefit of Mana Whenua of the area and occurs under s. 14(3)(c) of the RMA

NC NC NC

Renewal of a resource consent to take and use groundwater for municipal water supply purposes

C C C

Take and use water from groundwater for municipal water supply purposes, not otherwise provided for in this table

RD RD RD

Diverting surface water and associated discharge of water

Drainage of production land P P NC

Diversion in an artificial watercourse P P NC

The discharge of water into water associated with drainage of production land or diversion of an artificial watercourse

P P NC

Diverting surface water not meeting the permitted activity controls

D D D

Diversion of groundwater

Comment [CJR43]: As above

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The diversion of groundwater under caused by any excavation, trench, tunnel up to 1m diameter, or thrust bore

P P P

The diversion of groundwater under caused by any excavation, trench, tunnel up to 1m diameter, or thrust bore that does not meet the permitted activity controls

RD RD RD

Any other diversion of groundwater including those that do not meet the restricted discretionary activity controls

D D D

Damming water

Off-river dams P P P

On-river dams existing in 2001 P P P

Temporary dams P P P

Renewal of existing consents to dam water for municipal water supply

RD RD RD

Any dams not meeting the permitted activity or restricted discretionary activity controls

D D D

Take, use and diversion of water for network utilities

The taking, using and diversion of surface water for installation, construction, maintenance, or upgrading of a network utility

P P P

The taking, using and diversion of ground water for installation, construction, maintenance, or upgrading of a network utility

P P P

The taking, using and diversion of RD RD RD

Comment [CJR44]: This seems arbitrary – delete unless justifiable (see further comment under controls)

Comment [CJR45]: There are no controls around what can be RD, so there is no need for a default D activity row.

Comment [CJR46]: Network utilities need to be enabled. Resource consents for day-to-day activities should be avoided where adverse effects can be adequately addressed through permitted activity controls. This approach is used in other regional plans in NZ.

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groundwater or surface water for installation, construction, maintenance, or upgrading of a network utility not meeting permitted activity controls

Drilling holes and bores

Holes for: - geotechnical investigation - mineral exploration - geological investigation - contaminated site investigation - down-hole seismometers

P P RD

Holes or bores for: - stormwater disposal - down-hole heat exchangers

P P RD

Bores for groundwater level or quality monitoring

P P RD

Restoration or replacement of bores P P P

Decommissioning (abandonment) holes or bores

P P P

New bores for purposes not otherwise specified

C C RD

Holes or bores not meeting the permitted or controlled activity controls

RD RD RD

Transfers of water permits

Transfers of surface take permits P P P

Transfers not meeting the permitted activity controls (including transfers of groundwater permits)

D D D

2. Notification

1. Applications for resource consent for controlled activities will be considered without public notification or the need to obtain the written approval of affected parties (i.e. tThe provisions of s. 95 of the RMA do not apply). to restricted discretionary

Comment [CJR47]: There is no reason to have a rule saying that s95 will apply to restricted discretionary activities – this is the default position. Controlled activities in this chapter – i.e. bores, and the renewal of existing municipal water supply consents (where the source is not overallocated) should be non-notified as any potential effects can be appropriately addressed through conditions set by Auckland Council. The wording of this rule differs throughout the Unitary Plan – consistent wording is recommended for clarity.

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activity water takes. This means that applications may be limited or publicly notified if people who have not provided written approval are considered by the council to be potentially adversely affected, or the council considers that the potential adverse effects of the proposal will be more than minor.

3. Controls

3.1 Permitted activities

3.1.1 Take and use of surface water (including from lawfully established dams)

1. The take must not be from a wetland management area or a high-use stream management area - the Hingaia, Mauku, Ngakaroa, Wairoa, Waitangi, Whangamaire and Whangapouri catchments. 2. The water intake structure must be designed and constructed so that: a. the maximum water velocity into the entry point of the intake structure is no greater than 0.3m/second b. the intake screen mesh spacing are no greater in one dimension than 1.5mm c. the intake screen is located no less than 0.5m in-stream from the water’s edge, or for rivers less than 1m wide, as far as practicable from the water’s edge. 3. Notice on the prescribed form must be received by the council at least 15 working days before exercising this permitted activity.

3.1.2 Take and use of groundwater

1. 5m3/day when averaged over any consecutive 20-day period providing the council is notified by the prescribed form 15 working days before exercising this permitted activity. 2. 20m3/day, when averaged over any consecutive five-day period, and no more than 5000m3/year provided that: a. the take is located at least 100m from any other existing lawfully established groundwater take from the same aquifer b. notice on the prescribed form is received by the council 15 working days before exercising this permitted activity. 3. From puna wai provided the take is: a. not from a high-use aquifer b. adequate for the proposed land use c. safe and reliable d. able to accommodate flow changes and pressure load e. routinely tested for contamination. 4. Groundwater take for diversions associated with excavation, trenching, tunnelling or a thrust boring: a. must be for a period of no more than 30 days b. must only occur during construction of the excavation, trench, tunnel or thrust bore. 5. For the purpose of infiltration and leakage into stormwater and wastewater pipes, manholes, catchpits and lined channels provided the take is not for the purpose of dewatering or groundwater level control. 6. For the purpose of land drainage, provided: a. the take, and any associated diversion, is not in a Natural Streams or Wetlands management area b. when it is for cultivation and pasture management, the drainage measures are situated less than 2m below ground level.

3.1.3 Damming water

1. All dams a. The damming of water must not result in the loss, degradation or permanent flooding of any

Comment [CJR48]: There are permitted activity takes in the wetland management area in the table. If these aren’t meant to be permitted, it should say so in the table rather than here.

Comment [CJR49]: Diversions are addressed under Rule 3.1.5

Comment [CJR50]: It is very unlikely Watercare will have any dams that are permitted activities, except perhaps temporary dams for infrastructure works

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wetland in a range of flood events except for wetland enhancement, maintenance or restoration. b. The dam must not result in a significant adverse effects on flows or ecology within permanent or intermittent rivers or streams. c. The dam structure must be no greater than 3m 4m high when measured vertically from the downstream toe of the dam embankment to the highest point of the dam crest. d. The dammed water must not adversely raise sub-surface or surface water levels or adversely impede drainage on adjacent properties. e. The dam must be designed, constructed, operated and maintained with a flood spillway to pass a 100-year ARI flood event without overtopping the dam crest (see note below). f. All spillways and bypass arrangements must be constructed, terminated and maintained to minimise erosion and the spillway(s) entry must remain free of debris at all times. g. No trees or vegetation which could weaken the dam stability or prevent inspection of the dam embankment are allowed to grow on or near the embankment. h. Stock must not be allowed to damage the crest and downstream face of the dam. i. The dam structure and spillway must be inspected at least once every 12 months and following any operation of the flood spillway. Any damage recorded at times of inspecting, or noticed at any other time, must be remedied as soon as practicable. 2. Off-river dams a. If, during the construction of the dam, archaeological evidence is uncovered, such as a shell midden, hangi or ovens, pit depressions, defensive ditches or human bone, work must cease immediately and the council contacted so appropriate action can be undertaken. b. Either the surface area of the impounded water must not exceed 5000m2 or the storage volume of the impounded water must not exceed 20,000m3. c. The contributing catchment area of dams constructed on or after 23 October 2001 must not exceed 20ha. d. The contributing catchment area of dams constructed prior to 23 October 2001 must not exceed 40ha. e. For dams constructed on or after 23 October 2001, notice on the prescribed form must be received by the council at least 15 working days before exercising this permitted activity. f. The dam must be designed by a chartered professional engineer holding a current practising certificate to ensure it is structurally sound. Notes 1: Reference should be made to the Dam Safety Guidelines – Auckland Council Technical Publication 109 for further guidance on spillway sizing. 2: S. 17 of Building Act 2004 requires dams to comply with the building code in addition to the requirements set out in these rules. 3. On-river dams existing in 2001 a. If the dam is to contain sediment runoff from cultivated land the dam embankment, outlets and spillways must be designed, constructed, operated and maintained to avoid the significant off-site movement of soil. b. The contributing catchment area must not exceed 40ha. c. The surface area of the impounded water must not exceed 5000m2. d. Passage must be provided for fish. 4. Temporary dams a. The temporary dam must be for diverting river floor around works in the bed of the river or stream. b. Provision must be made for river flows up to and including the 20-year ARI event to bypass the temporary dam with the bypass flow being contained within the bed of the river. c. The temporary dam must be constructed in accordance with best practice methods. d. The temporary dam must be removed as soon as is practicable and no later than two weeks following completion of the works. Note Activities in the bed of a river or stream must also comply with relevant rules or consent granted under Part 4.2.3.8 Lakes, rivers and wetland management and Part 4.2.3.9 Land Disturbance Activities.

3.1.4 Diverting surface water and the associated discharge of water

Comment [CJR51]: 4m under the ALW Plan

Comment [CJR52]: Support provisions for temporary dams

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1. Diversion and associated discharge must not be located within an Urban Lake Management Area, Natural Lake Management Area, Natural Stream Management Area or Natural Wetland Management Area. 2. Diversion and associated discharge must not cause or worsen the flooding of any property in a range of flood events. 3. Diversion and associated discharge must not cause scouring, erosion or other instability of any land or water body. 4. The activity must not lower water levels in any wetland. 5. The diversion must not prevent the passage of fish in water bodies containing fish. 6. The diversion must not adversely affect any lawfully established water take or use existing at the time the diversion begins. 7. For diversions of surface water within or from an artificial watercourse or drain, the diverted water must not reduce the water quality of any downstream water body, including effects associated with the discharge of sediment.

3.1.5 Diversion of groundwater for any excavation, trench, tunnel up to 1m in diameter, or thrust bore (excluding for network utilities) [COMMENT: Diversion for network utilities is addressed in controls under Rule 3.1.6 below]

1. The diversion must not be for the purpose of taking groundwater. 2. For the development, operation, maintenance or upgrading of a network utility, the total area of any completed excavation, including any staging of the works, that diverts groundwater must not exceed 1ha in area. 3. The total area of any completed proposed excavation that diverts groundwater, including any staging of the works, must not exceed 0.5ha in area, and the excavation shall be no more than 4m below the natural ground level.: a. 1ha in area for development, operation, maintenance or upgrading of a network utility b. 0.5ha in area and no more than 4m below the natural ground level for other activities. 4. The natural groundwater level must not be reduced by more than 2m. 5. Any structure that physically impedes the flow of groundwater must not: a. exceed 20m long, including any staging of the same proposal; or b. extend more than 2m below the natural groundwater level. 6. The distance to any existing building or structure from the edge of any: a. trench or open excavation that diverts groundwater must be 4 m or greater b. tunnel with a diameter of 0.2-1.0 m that diverts groundwater must be 2m or greater. 7. The distance from the edge of any completed excavation, including any staging of the same proposal, must not be less than 50m from any: a. Wetland Management Area b. historic heritage places in Appendix 9 c. surface water body e. lawful groundwater take. 8. For activities other than the development, operation, maintenance or upgrading of a network utility, the length of any excavation, trench, tunnel, or thrust bore, including any staging of the same proposal, must be no greater than 50m.

Comment [CJR53]: Should use full defined terms for clarity

Comment [CJR54]: What range of flood events? Should be specified.

Comment [CJR55]: The 1m diameter seems arbitrary. Is there technical advice that supports this approach? If the effects of a tunnel meet the controls here (particularly around groundwater level reduction), then it should be permitted regardless of diameter.

Comment [CJR56]: It is acknowledged these controls are trying to make it clearer when resource consent is required or not (the existing ALW Plan rules are vague), but it could generate more problems and consent requirements for minor works. Needs rethinking and technical justification from AC.

Comment [CJR57]: Separate rules and controls dealing with network utilities recommended – Rule 3.1.6 below.

Comment [CJR58]: Firstly, it is not clear if these separation distances are horizontal or vertical (or both). Secondly, this could have significant unintended consequences including requiring most infrastructure work within road reserves to get consent – separate controls are therefore recommended for network utilities.

Comment [CJR59]: This could trigger a consent for works that have no effects whatsoever on these areas. E.g. works in a road that goes past a heritage house.

Comment [CJR60]: Support

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3.1.6 Water for Installation, construction, maintenance and upgrading of a network utility

For surface water:

1. The take and use does not exceed 15 L/s and 100m³ per day

2. The take and use is for no longer than 2 months

3. The take does not at any time exceed 10% of the flow at the point of take

4. The take or diversion ceases when the flow is at or below the minimum flow interim guidelines in Table 1 in Appendix 5.2

5. Fish are prevented from entering the water intake.

For groundwater:

1. The total area of any proposed excavation, including any staging of the works, that diverts groundwater must not exceed 1ha in area.

2. The natural groundwater level must not be reduced by more than 2m.

3.1.6 7 Drilling

1. General a. the hole or bore is not in a Wetland Management Area b. the bore must not be for the taking groundwater except for the removal of a sample(s) for groundwater quality analysis c. the drilling of the hole or bore must not result in harm adverse effects onto: i. any heritage site or place of significance to Mana Whenua scheduled in the Plan ii. any archaeological site as defined in the Heritage New Zealand Pouhere Tāonga Bill (HNZPT), except where an archaeological authority has been obtained from Heritage New Zealand iii. any historic place, area, waahi tapu or waahi tapu area registered under the HNZPT, except where written approval has been obtained from Heritage New Zealand d. if during the activity, koiwi, archaeology or artefacts of Maori origin are uncovered, the Accidental Discovery Protocol outlined in Part 4.1.16.1.4 will apply. 2. Holes for geotechnical, geological or contaminated site investigation, mineral exploration or down hole seismometers and holes or bores for stormwater disposal or down hole heat exchangers a. other than for holes or bores for down hole seismometers, stormwater disposal and down hole heat exchangers, the hole or bore must be decommissioned within three months of the start of drilling. b. before being decommissioned, the hole or bore must be secured so that contaminants cannot enter the ground through the hole or bore. c. where more than one aquifer is penetrated, the hole or bore must be decommissioned immediately on completion of the drilling and the hole or bore secured so there is no hydraulic connection between the aquifers. d. the drilling, construction and decommissioning of the hole or bore must comply with s. 1 and 2 of New Zealand Standard on the Environmental Standard for Drilling of Soil and Rock (NZS 4411:2001), except that bores for stormwater disposal need not be constructed and maintained to prevent the authorised disposal of surface water entering the bore. 3. Holes or bores for groundwater level or quality monitoring a. the drilling and construction of the bore must comply with s. 1, 2, 3 and 4 of New Zealand Standard on the Environmental Standard for Drilling of Soil and Rock (NZS 4411:2001).

Comment [CJR61]: Appropriate controls should be devised for network utilities including technical input. A balance needs to be achieved between enabling day-to-day activities, avoiding significant adverse effects, and ensuring clarity of PA controls.

Comment [CJR62]: These draft controls are based on PA criteria in the proposed Canterbury Land & Water Regional plan.

Comment [CJR63]: As deleted from 3.1.5(2) above. This will need technical review from groundwater specialist to ensure the appropriate balance is reached.

Comment [CJR64]: This may sit better as a general control for all PA activities in this section. However, Watercare is concerned that as drafted this would set a zero tolerance for effects on the specified heritage items arising from drilling. Imposing a zero effects regime is unjustifiable and to some extent inconsistent with the Act’s notification provisions (that enable less than minor effects).

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b. where more than one aquifer is penetrated, construction of the bore must not enable a hydraulic connection between the aquifers. c. the council must be notified on the prescribed council form prior to the bore being drilled and must be provided with details of the location and the purpose of the bore. 4. Restoration, alteration or replacement of a lawfully established bore a. the restored, altered or replacement bore must penetrate the same aquifer as the existing bore. b. the replacement bore must be installed within 10m of the existing bore. c. the drilling, construction and maintenance of the bore must comply with s. 1, 2, 3 and 4 of New Zealand Standard on the Environmental Standard for Drilling of Soil and Rock (NZS 4411:2001). d. the council must be notified on the prescribed council form prior to the bore being drilled and must be provided with details of the location and the purpose of the bore. e. the records required under s. 4 of New Zealand Standard on the Environmental Standard for Drilling of Soil and Rock (NZS 4411:2001) must be kept and forwarded to the council within one month of the bore being drilled. 5. Decommissioning (abandonment) of holes or bores a. the decommissioning of the hole or bore must comply with s. 2 and 4 of New Zealand Standard on the Environmental Standard for Drilling of Soil and Rock (NZS 4411:2001). b. the council must be notified on the prescribed council form prior to a bore being decommissioned and must be provided with details of the location of the bore. c. the records required under s. 4 of New Zealand Standard on the Environmental Standard for Drilling of Soil and Rock (NZS 4411:2001) must be kept and forwarded to the council no later than one month after the bore is decommissioned.

3.1.7 8 Transfers of surface water permits

1. The transfer of surface water take permits must be within the same catchment and to any point downstream, excluding downstream tributaries of the site in respect of which the original permit was granted. 2. Written notice signed by the transferor and transferee is received by the council five working days prior to the transfer, specifying: a. full names and addresses of transferor and transferee b. if the whole permit is not being transferred, the portion of the water permit being transferred c. proposed daily volume (m3/day) and rate (l/second) of take at both sites d. the location of the existing and new take and use sites (shown on a map or identified by NZTM map reference) e. the date of transfer f. description of purpose for which water is to be used g. whether the transfer is permanent or for a limited period and, if for a limited period, the date on which the transfer ceases. 3. The permit must retain the same conditions, excluding site and rate and volume for a part transfer. 4. The water taken under the transferred permit(s) must not exceed the rate and volume allocated by the original permit.


3.2.1 Drilling

1. New bores not otherwise specified a. The bore is not in a wetlands management area. b. The drilling of the hole or bore must not harmadversely affect: i. any heritage site or place of significance to Mana Whenua scheduled in the Unitary Plan ii. any archaeological site as defined in the HNZPT Act, except where an archaeological authority has been obtained from Heritage New Zealand

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iii. any historic place, area, wāhi tapu or wāhi tapu area registered under the HNZPT Act, except where written approval has been obtained from Heritage New Zealand. c. The bore must be constructed to avoid contaminants entering the aquifer penetrated by the bore. d. The bore must be constructed to avoid a hydraulic connection between penetrated aquifers with different pressures, water quality or temperature. e. The bore must be operated and maintained to avoid the leakage of groundwater to waste. f. the drilling and construction of the bore must comply with the Environmental Standard for Drilling of Soil and Rock (NZS 4411:2001, s. 1, 2, 3 and 4). g. The records required under s. 4 of the Environmental Standard for Drilling of Soil and Rock (NZS 4411:2001) must be kept and forwarded to the council no later than one month after the bore is drilled.

3.2.2 To renew a resource consent to take and use water for Municipal Water Supply

1. At the time of the application, the take is an authorised take

2. The rate and volume of that take will not increase from that previously authorised

3. A water management plan has been prepared in accordance with the special information requirements for municipal water supply (Rule 4.2.3.15(5.1)).

4. The take will not exceed:

a. where catchment-specific limits have not been developed for the source of the take:

i. the interim minimum flow and allocation guidelines in Table 1 in Appendix 5.2

ii. the interim aquifer availability and interim groundwater levels in Tables 1 and 2 in Appendix 5.7; or

b. where catchment-specific limits have been developed, the relevant catchment-specific limit.


3.3.1 Take and use of surface water (including from lawfully established dams)

1. The take must not be from a wetland management area or a high-use stream management area - the Hingaia, Mauku, Ngakaroa, Wairoa, Waitangi, Whangamaire and Whangapouri catchments. 2. The water intake structure must be designed and constructed so that: a. the maximum water velocity into the entry point of the intake structure is no greater than 0.3m/second b. the intake screen mesh spacing are no greater in one dimension than 1.5mm c. the intake screen is located no less than 0.5m in stream from the water’s edge, or for rivers less than 1m wide, as far as practicable from the water’s edge. 3. For takes other than those from lawfully established on-river dams, a water meter must be installed and maintained on the outlet of the pump so that: a. the meter must measure the total daily quantity of water being taken b. a quarterly return of water meter readings measured at daily intervals must be provided to the council no later than 10 working days after 28 February, 30 May, 30 August and 30 November each year c. records may be also viewed at any time during any working day by a council enforcement officer i. the water meter must be capable of measuring to an accuracy of at least plus or minus 5 per cent and it is to read the water taken to at least 1m3.

Comment [CJR65]: The intention is to protect existing takes for municipal water supply from the risk of being declined, through enabling them through a Controlled Activity route. Effects can be addressed through conditions of consent. It is accepted that in overallocated catchments/aquifers, that additional assessment will be required, hence in those situations consent will be required as a RD activity for not meeting control (4).

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ii. the meter must be installed to the manufacturer’s specifications and maintained to the specified requirements and in a working condition at all times.

3.3.2 Take and use of groundwater (excluding geothermal water)

1. Where the take and use is for purposes not associated with the diversion of groundwater water authorised by a resource consent, the take and use must comply with following: a. the interim aquifer availabilities provided in Appendix 5.7 Aquifer Water Availabilities and Levels are not exceeded b. the efficient use provisions of Policy 3.1.3.16.2.2 are met c. the take is located at least 100m from any existing lawfully established groundwater take from the same aquifer.

3.3.3 Take and use of surface water or groundwater for municipal water supply, not otherwise provided for as a permitted or controlled activity

1, A water management plan is prepared in accordance with the special information requirements for municipal water supply (Rule 4.2.3.15(5.1)).

3.3.4 Diversion of groundwater not meeting permitted activity controls (including for network utilities)

No controls.

3.3.5 Renewal of existing consents to dam water for municipal water supply

No controls.

3.3.6 Drilling holes or bores in wetland management areas

No controls

3.3.7 Drilling holes or bores not meeting the permitted or controlled activity controls

No controls

4. Assessment


4.1.1 Matters of control The council will restrict its control to the following matters when assessing controlled activity resource consent applications. 1. Drilling a. The location, depth and design of the bore and the design of the headworks b. Effects on archaeological sites, registered historic places, waahi tapu and areas of significance to Mana Whenua c. The provision for bore identification d. Maintenance of the bore e. Monitoring and reporting requirements f. The duration of the consent and the timing and nature of reviews of consent conditions.

2. Renewal of a resource consent to take and use water for municipal water supply purposes a. The rate and volume of take (except for takes from municipal water supply dams)

b. Adverse effects on other lawfully established groundwater and surface water takes and uses

Comment [CJR66]: All takes for municipal water supply (except for renewal of existing takes provided for as a controlled activity) should be enabled through the RD activity route. Therefore the only control is for the water management plan.

Comment [CJR67]: Helpful for clarity to state there are no controls to qualify as RD for these activities listed in the activity table.

Comment [CJR68]: These matters of control allow for implementation of the relevant objectives and policies, through conditions of consent

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c. For takes from surface water including dams, the provision of downstream flow regimes, including low flows and flows to maintain fish passage

d. The adequacy of the Water Management Plan

d. Metering, monitoring and reporting requirements

e. The duration of the consent and the timing and nature of reviews of consent conditions

4.1.2 Assessment criteria 1. Drilling 1. The options for the location, depth and design of the bore and the design of the headworks to avoid adverse effects on the groundwater resource and other groundwater users 2 The options to locate and design the bore and the headworks to avoid adverse effects on archeologicalarchaeological sites, registered historic places, waahi tapu and areas of significance to Mana Whenua 3 .The most effective method to identify the bore 4. An effective programme of maintenance for the bore.

2. Renewal of a resource consent to take and use water for municipal water supply purposes 1. The assessment criteria in Rule 4.2.2(1-3).


4.2.1 Matters of discretion The council will restrict its discretion to: 1. Take and use of surface water, including from lawfully established dams a. The maximum rate and volume of the take b. The location of the take c. Effects on other lawfully established takes and use of the surface water body e. For takes from dams, the provision of downstream flow regimes, including low flows and flows to maintain fish passage f. The imposition of restrictions to apply at times of water shortage having regard to Policies 3.1.4.16.2.20 and 3.1.4.16.2.21 g. Metering (daily), monitoring and reporting requirements h. The duration of the consent and the timing and nature of reviews of consent conditions having regard to Policy 3.1.4.16.2.13. 2. Take and use of groundwater a. The maximum rate and volume of the take b. The location and depth of the take c. Adverse effects on other lawfully established groundwater and surface water takes and uses d. The imposition of restrictions to apply at times of water shortage having regard to Policies 3.1.4.16.2.20 and 3.1.4.16.2.21 e. Metering (weekly), monitoring and reporting requirements f. The duration of the consent and the timing and nature of reviews of consent conditions having regard to Policy 3.1.4.16.2.13.

3. Take and use of water for municipal water supply a. The rate and volume of take (except for takes from municipal water supply dams)

Comment [CJR69]: The assessment criteria for all takes are relevant to renewals, subject to the matters of control in 4.1.1(2) above.

Comment [CJR70]: These matters of discretion allow for implementation of the relevant objectives and policies, including around maintaining natural values, recognising the benefits and priority of municipal water supply, the efficient use of water.

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b. Adverse effects on other lawfully established groundwater and surface water takes and uses, including reliability of supply


d. the reasonable demand for water, taking into account the population to be supplied, the uses that are to be supplied and the potential growth in demand for water

e. the effectiveness and efficiency of the distribution network

f. the adequacy of the Water Management Plan

g. any beneficial effects from the use of the water

h. Metering, monitoring and reporting requirements

i. The duration of the consent and the timing and nature of reviews of consent conditions

34. Diverting groundwaterDiversion of groundwater a. Avoiding, remedying or mitigating adverse adverse effects on: i. the base flow of rivers and springs ii. levels and flows in wetlands iii. lake levels. iv. on existing lawful groundwater takes and diversions v. on groundwater pressures, levels or flow paths and saline intrusion vi. from ground settlement potentially caused by groundwater diversion that may cause distress damage to existing buildings, structures and services infrastructureincluding roads, pavements, power, gas, electricity, water mains, sewers and fibre optic cables, or resulting in an existing building or structure no longer meeting the relevant requirements of the Building Act 2004 or the New Zealand Building Code vii. on surface flooding in a range of flood events viii. from cumulative effects that may arise from the scale, location and/or number of groundwater diversions in the same general area ix. from the discharge of sediment or other contaminants x. on heritage sites and sites of significance to Mana Whenua xi. on terrestrial and freshwater ecosystems and habitats b. monitoring and reporting requirements incorporating, but not limited to: i. the measurement and recording of water levels and pressures ii. the measurement and recording of the settlement of the ground, buildings, structures and servicesinfrastructure iii. the measurement and recording of the movement of any retaining walls constructed as part of the excavation or trench iv. requiring the repair, as soon as practicable and at the cost of the consent holder, of any distress damage to buildings, structures or services infrastructure caused wholly or in part by settlement of the ground occasioned by the groundwater diversion. c. the duration of the consent and the timing and nature of reviews of consent conditions having regard to Policy 3.1.4.16.2.13 d. the requirement for a monitoring and contingency plan or contingency and remedial action plan.

5. Renewal of existing consents to dam water for municipal water supply a. The location, design, construction, operation, and maintenance of the dam in terms of: i. Effects on freshwater biota, including the passage of fish ii. Effects on downstream flow regimes, including low flows iii. Adverse effects of the damming on water quality iv. Effects on flooding, erosion, stream bank or bed aggregation and land stability v. Effects on the habitat of fauna and flora, including wetlands vi. Cumulative effects arising from the scale, location or number of dams in the catchment

Comment [CJR71]: These matters of discretion are adopted from the ALW Plan

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vii. Effects on natural character, the relationship of Maori with water, sites, waahi tapu and taonga, and amenity values b. Monitoring and reporting requirements c. Duration of the consent d. Timing and nature of reviews of consent conditions. 6. Taking, use and diversion of water for network utilities, not meeting permitted activity controls a. The rate and volume of take

b. The duration of the take


d. For takes or diversion of groundwater, the effects on existing lawful groundwater takes and diversion, stream depletion, ground settlement, surface flooding

e. any beneficial effects from the use of the water

f. Metering, monitoring and reporting requirements

7. Drilling holes or bores in wetland management areas, or not meeting the permitted or controlled activity controls a. The location, depth and design of the bore and the design of the headworks b. Effects on archaeological sites, registered historic places, waahi tapu and areas of significance to Mana Whenua c. The provision for bore identification

d. The potential for movement of groundwater between aquifers and surface water, including wetlands

e. Methods for preventing contaminants from entering the top of the bore or underyling groundwater

f. Maintenance of the bore g. Monitoring and reporting requirements h. The duration of the consent and the timing and nature of reviews of consent conditions.

4.2.2 Assessment criteria 1. General assessment criteria for take and use of water 1. Consider mitigation options, where there are significant adverse effects, where they are relevant to the type of adverse effect and may include: a. consideration of alternative rates and timing of takes for both surface water and groundwater b. use of alternative water supplies c. use of water conservation methods when water shortage conditions apply d. wetland creation or enhancement of existing wetlands

e. biodiversity offset mitigation methods. 2. The adequacy of the proposed monitoring regime. Effects of the take on the quality and quantity of the freshwater resource shall be monitored by measurements of a type and scale appropriate for the activity, including: a. measurement and recording of water use; and/or b. measurement and recording of water flows and levels; or c. sampling and assessment of water quality and freshwater ecology.

Comment [CJR72]: Appropriate matters of discretion would include consideration about the duration of the take and the beneficial effects of network utilities.

Comment [CJR73]: These activities are listed as RD in the draft Unitary Plan, but currently there are no matters of discretion. Suggested matters here are adopted from Canterbury Land & Water Regional Plan but require analysis for the Auckland context

Comment [CJR74]: These assessment criteria have been adopted from the Part 3 policies. They provide specific direction as to what should be assessed in a resource consent application.

Comment [CJR75]: Relocated from Section 3.1.3.16.2 Policies 7 and 8

Comment [CJR76]: This may need to reference the NES on water metering regulations.

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2. Take and use of surface water, including from lawfully established dams (including for municipal water supply and network utilities) 1. The matters in Policies 3.1.4.16.2.1 to 3.1.4.16.2.5 and 3.1.4.2.16.7 to 3.1.4.16.2.12.

1. Proposals to take and use water from lakes, rivers, springs or wetlands shall demonstrate that: a. the taking of surface water from any river or stream is within the guideline in Table 1: Interim river and stream minimum flow and allocation in Appendix 5.2; or b. the taking of surface water from any river or stream is within developed catchment-specific limits; or c. appropriate water levels and downstream flow regimes will be maintained, including: i. low flows in rivers and streams to protect in-stream values ii. flow variability in rivers, streams and springs iii. water levels and flows in wetlands that ensure the vegetation and habitat values of the wetland are protected throughout the year iv. water levels in lakes that maintain the ecological values and water quality of the lake and its shoreline stability, and enable recreational use v. sufficient water to maintain fish passage 2. The effect on existing lawfully established takes to abstract their allocated amount of water 3. Whether the taking of water will be at times of the day or year that will safeguard the identified freshwater values of the water body 4. The extent to which intake structures will be designed, constructed, operated and maintained to avoid adverse effects on biota, including the entrainment and impingement of fish 5. Options for implementing water conservation measures in times of water shortage. 6. Any other relevant matters in the objectives and policies of section 3.1.3.16.2.

3. Take and use of groundwater (including for municipal water supply and network utilities) 21. Require proposals to take and use groundwater from any aquifer to demonstrate that either: a. the taking is within the interim availability for the aquifer in Table 2: Interim aquifer groundwater levels in Appendix 5.7; or b. the taking of groundwater from any aquifer is within developed catchment-specific limits; or c. the taking of water will: i. Maintain recharge to the aquifer and to other aquifers ii. Avoid aquifer consolidation and surface subsidence 2. adverse effects on surface water flows, including: i. base flow of streams and springs

ii. any stream flow requirements 3. Potential saltwater intrusion or any other contamination 4. potential for adverse interference effects on neighbouring bores to the extent their owners are prevented from obtaining their lawfully established water takes 5. Adverse interference effects under (4) will not considered: i. where it is practicably possible to locate the pump intake at a greater depth within the affected bore ii. where it can be demonstrated that the bore accesses or could access groundwater at a deeper level within the same aquifer, if drilled or cased to a greater depth 6. Whether the proposed bore is capable of extracting the quantity of groundwater applied for. 7. Any other relevant matters in the objectives and policies of section 3.1.3.16.2

The matters in Policies 3.1.4.16.2.1 to 3.1.4.16.2.4, 3.1.4.16.2.5, 3.1.4.16.2.6 to 3.1.4.16.2.9, 3.1.4.16.2.11 and 3.1.4.16.2.12.

4. Damming of surface water

161. Require proposals to dam a river for which a resource consent is required to demonstrate that: a. adverse effects on fish passage are avoided or remedied, where native fish and/or habitats actually or potentially exist upstream b. appropriate water levels and downstream flow regimes will be maintained, including:

Comment [CJR77]: Relocated from Section 3.1.3.16.2 Policy 5. This is an either/or. Meet the interim guidelines/ limits, or demonstrate that the water levels will still maintain the natural values. It is assumed that the guidelines/limits provide for natural values so there should be no need to re-demonstrate this.

Comment [CJR78]: Relocated from Section 3.1.3.16.2 Policy 6


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i. low flows in rivers and streams to protect in stream values ii. downstream flow variability iii. water levels and flows in wetlands to protect vegetation and habitat values of the wetland throughout the year iv. water levels in lakes to protect the ecological values and water quality of the lake, maintain shoreline stability and enable recreational use c. existing lawfully established upstream and downstream water uses are not adversely affected by the damming proposal, including those allowed by s. 14 (3) (b) of the RMA d. Māori cultural values associated with the wetland, lake or river are taken into account e. the design, construction, operation and maintenance of the dam avoids significant adverse effects and remedies or mitigates other effects on: i. flooding ii. bank or bed erosion or aggregation iii. restriction of drainage of any property iv. land instability v. people and communities vi. the habitat of fauna or flora, including wetlands, either upstream or downstream of the dam vii. catchment conditions arising from the scale, location or number of dams in the catchment.

5. Diversion of surface water and groundwater (including for municipal water supply and network utilities) 1. Proposals to divert surface water will be assessed against the extent to which the diversion will avoid significant adverse effects and remedy or mitigate other adverse effects including those on: a. existing lawfully established surface water takes including those allowed by s. 14 (3) (b) of the RMA b. existing buildings, structures and infrastructure c. existing flood hazard risks d. river bank stability e. places of historic heritage significance or places of significance to Mana Whenua f. people and communities. 32. Proposals to divert groundwater will be assessed against the following criteria:

a. the proposal avoids, remedies or mitigates any ground settlement that may result in any adverse effects including:

i. damage to structures ii. damage to buildings iii. damage to infrastructure b. the groundwater diversion does not cause or exacerbate any flooding c. monitoring has been incorporated where appropriate, including: i. measurement and recording of water levels and pressures ii. measurement and recording of the movement of ground, buildings and other structures.

The matters in Policy 3.1.4.16.2.6 and 3.1.4.16.22.

6. Drilling of holes or bores

Damming of water

1. Require proposals to dam a river for which a resource consent is required to demonstrate that: a. adverse effects on fish passage are avoided,remedied or mitigated, where native fish and/or habitats actually or potentially exist upstream b. appropriate water levels and downstream flow regimes will be maintained, including: i. low flows in rivers to protect inriver values ii. downstream flow variability



Comment [CJR82]: Section 3.1.3.16.2 Policy 16

26

iii. water levels and flows in wetlands to protect vegetation and habitat values of the wetland throughout the year c. existing lawfully established upstream and downstream water uses are not adversely affected by the damming proposal, including those allowed by s. 14 (3) (b) of the RMA d. Māori cultural values associated with the wetland, lake or river are taken into account e. the design, construction, operation and maintenance of the dam and the associated water supply lake avoids, remedies or mitigates effects on: i. flooding ii. bank or bed erosion or aggregation iii. restriction of drainage of any property iv. land instability v. people and communities vi. the habitat of fauna or flora, including wetlands, either upstream or downstream of the dam or within the associated reservoir vii. catchment conditions arising from the scale, location or number of dams in the catchment.

5. Special information requirements

5.1 Municipal water supply – water management plan

An application to take, use, divert or dam water for municipal water supply should be accompanied by a water management plan.

The Water Management Plan shall establish a long term strategy for the water requirements of municipal water suppliers and their communities. It demonstrates that the volume of water required, including any increase over that previously authorised, has been justified and that the water taken will be used efficiently. A Water Management Plan shall, to an extent which is appropriate for the scale of the activity, provide the following information:

1. A description of the water supply system including system operation, distribution extent, levels of service, water use measurement, maintenance and asset management procedures;

2. A comprehensive assessment of existing and future demand for water with regard to estimated population growth within the planning horizon including:

a) reasonable domestic needs;

b) public health needs in accordance with requirements under any Act of Parliament or regulation;

c) reasonable community needs (e.g. for public amenities);

d) reasonable commercial, rural supply and industrial needs;

e) how each of the assessments required by clauses a) to d) above is predicted to vary over time;

f) a justification for each of the assessments required by clauses a) to e) above including reference to any relevant planning instruments promulgated under the Resource Management Act 1991 that provide for future growth or relevant documents promulgated under the Local Government Act 2002 such as Long Term Plans, growth strategies or spatial plans.

3. A strategy for water demand management including:

Comment [CJR83]: The purpose of the dam is for water supply which must take precedence. Effects on ecological values, recreation etc can be more generally assessed under (e) below.

Comment [CJR84]: It is important to spell out the expectations around the water management plan for municipal water supply.

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a) existing or proposed pricing procedures and any linkages with wastewater pricing or management;

b) public and commercial user water conservation education programmes;

c) how water reticulation networks are planned and managed to minimise their water losses;

d) a description of patterns of water use practices and/or behaviour in all sectors of use (and distribution) with the objective of maximising water use efficiency and reducing water use as far as practicable;

e) water savings targets;

f) development of key performance indicators for each of the water savings targets;

g) any external auditing and benchmarking procedures that have been adopted.

4. A water shortage management plan that considers:

a) steps to be taken to reduce consumption during water shortage conditions;

b) targets for the water savings expected to be achieved;

c) public and commercial user education programmes;

d) steps taken to reduce consumption when demand is approaching the maximum take volume specified under the relevant resource consent;

e) enforcement procedures.

5. Actions, performance measures and a timeline for implementing actions;

6. Any consultation undertaken with key stakeholders and outcomes of such consultation.

4. A water shortage management plan that considers:

a) when water shortage conditions begin and end

b) steps to be taken to reduce consumption during water shortage conditions

c) targets for the water savings expected to be achieved

d) public and commercial user education programmes

e) steps taken to reduce consumption when demand is approaching the maximum take volume specified under the relevant resource consent

f) enforcement procedures.

D. Part 5 - Definitions

Domestic water supply: means a drinking water supply for the primary purpose of human drinking,

or sanitation or household needs;

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Municipal water supply: means a reticulated water supply operated by an Auckland water

organisation under the Local Government (Auckland Council) Act 2009.

Water management plan: means a plan that establishes a long term strategy for the water

requirements of a municipal water supplier and its communities. It assesses existing and future

demand, and includes a strategy for instigating water demand management techniques and

procedures. It demonstrates that the volume of water being taken has been justified and that the

water taken will be used efficiently. The Plan will also contain a strategy for managing the use of

water during periods of water shortages.

Comment [CJR85]: Municipal water supply is for Watercare takes only, recognising the specific responsibilities and challenges. All other sources of domestic water supply will also benefit from first priority, but will go through the usual application process (e.g. not require a water management plan).

Comment [CJR86]: Summary only. Full description about what is to be included in a water management plan are set out in the ‘special information requirements’ put in Rule 4.2.3.15(5.1)

1

ISSUE PAPER 6: WATER QUALITY


1. Watercare is responsible for the provision of wastewater services across the Auckland region. Such services are critical for the protection of public and environmental health in Auckland. In undertaking this role, wastewater is conveyed through 7,673 kilometres of sewers and 537 wastewater pump stations before treatment. There are also 180,000 manholes in the wastewater network managed by Watercare.

2. With such an extensive network, it is inevitable that at times there will be discharges through controlled points into the natural environment, particularly during times of heavy rainfall when the influence of stormwater infiltrating into the network can lead to the capacity of the network being exceeded. Dry weather overflows also occur from time to time when pipes become blocked. These discharges originate from wastewater pump stations and through discharges from manholes when their covers are lifted by excessive flows.

3. As well as dedicated wastewater networks, Watercare also operates a limited number of combined networks that convey both stormwater and wastewater. These also discharge combined stormwater and wastewater flows during heavy rainfall when the capacity of the networks are exceeded largely due to infiltration of stormwater. Stormwater is by far the biggest component of flows in such situations so it is important to ensure that any increases in impermeability due to intensification do not lead to increased stormwater flows in combined sewers and in particular peak flows.

4. Watercare supports the objective in Part 3 of the plan that recognises the essential role of wastewater networks in protecting public health and safety and managing the adverse effects on freshwater quality. We believe this recognition should be carried over into the rules.


5. A number of changes, and consequential changes, are proposed to the draft Unitary Plan provisions to address the following concerns.

Use of the Macroinvertebrate Community Index (MCI)

6. Watercare accepts the National Policy Statement (NPS) on Freshwater Management 2011 requires the maintenance and improvement of freshwater quality by setting objectives and limits for all bodies of freshwater. The NPS also requires targets where water bodies do not meet the freshwater objectives and provides for an interim policy to be inserted into the Plan.

7. Part 3 “Background” of the Water Quality policy framework (3.1.3.16) proposes the use of the MCI as an interim guideline for determining surface water quality. This would eventually be replaced by more comprehensive standards. Watercare can accept the use of the MCI as an interim “guideline” but considers the policies and rules in the Plan go beyond it being a guideline. The MCI is used in the provisions as limits and targets and this is not supported.

8. An example of the MCI being used as a limit is the note after policy 6.3. This note makes it clear that on becoming operative the NPS interim policy will be withdrawn and the MCI Guidelines will have the standing required by the NPS – in other words they will operate as limits. They are not limits and Watercare does not support the use of the MCI guidelines in this way.

2

Focus on urban areas

The introduction section of Part 3 comments on the quality of Auckland’s freshwater resources and refers to the use of a surface water quality interim guideline. Table 1, referring to guideline values, refers to several land use types – native and exotic forest, rural and urban areas. However beginning with the introduction, and the subsequent policies, the focus is on network discharges of stormwater and wastewater for managing freshwater quality.

9. Rarely do stormwater and wastewater networks discharge into three of the four MCI category areas referred to in Table 1. If policies and rules in other chapters of the Unitary Plan are to assist in managing water quality, eg the Rural production and Stormwater chapters, then they should be referenced.

10. Alternatively, objectives, policies and rules should be inserted in the water quality provisions which set out the approach to ensuring the quality of water in the other guideline areas is maintained or enhanced.

11. If rural and other discharges are to be managed to maintain or improve water quality of other land uses, then the appropriate chapter of the plan should be referenced within this chapter to ensure a coordinated understanding of the regulation.

Activity table – wastewater discharges

12. Watercare’s position on the activity class regime has evolved since consultation first began with council. The activity classes are in essence the same, but the wording has been altered for clarity. Previously there was a distinction between “new” development and “existing” development. However, upon further analysis of the Draft Plan we believe it would be difficult to determine when a discharge moves from new to existing, and thus a new consent could be required from one day to the next when a “new” development became “existing”.

13. We suggest a revised approach that we believe achieves the same outcome but provides greater clarity. This issue has been overcome by making discharges from a public wastewater network a Permitted activity, but being a Controlled activity when strict controls cannot be complied with. Discharges from a public combined sewer network serving any area is retained as a Discretionary activity and from any wastewater treatment plant as a Discretionary activity.


14. The remainder of the revisions are sought for consistency throughout the document, or are minor changes proposed for clarity, or are deletions to avoid repetition.


15. A tracked changed version of the draft water quality provisions, which reflects the issues discussed above, is attached.

1

Issue Paper 6: Water Quality


A. Part 2 - Regional Policy Statement

Part 2: Regional Policy Statement

2.6 Sustainably managing our natural resources (Note: only the RPS policies relevant to water quality are included in this paper)

2.6.3 Freshwater

Policies Urban stormwater and wastewater 9. Manage the adverse effects of land use and development, and the discharge of contaminants from stormwater and wastewater networks in urban areas on natural freshwater systems by: a. using, retaining and restoring natural freshwater systems in greenfield development areas to contain and treat stormwater discharges b. encouraging the use of water-sensitive design and green infrastructure c. using land use change and redevelopment opportunities to reduce existing adverse effects of the quality and quantity of stormwater discharges, and the quality and frequency of wastewater discharges d. controlling the spatial extent of impervious surfaces and the generation and discharge of stormwater and contaminants to natural freshwater systems e. prioritising improvements to existing stormwater and wastewater network performance and management based on a catchment or network approach f. identifying those streams or stream reaches that are sensitive to the adverse effects of increased stormwater runoff from urban development, or where there is high restoration potential and identifying these streams and their catchments in stormwater management areas: flows (SMAFs).

B. Part 2 - Regional and district objectives and policies

3.1.3. Natural Resources 3.1.3.16 Water

3.1.3.16.1 Water quality

Background The quality of Auckland's freshwater resources is highly variable and is a reflection of the different land use types in a catchment. Water quality in catchments with a high proportion of indigenous vegetation cover and low levels of impervious surfaces is much higher than in urbanised catchments. Freshwater quality is also affected by the relative proportion of pipe point-source discharges versus diffuse discharges, as this distinction influences if and how contaminants will be contained and treated, before the discharge enters the freshwater system.,

2

This section provides an overall framework for managing the individual and cumulative adverse effects of contaminants entering freshwater systems by the use of a surface water quality interim guideline. This guideline provides an interim freshwater quality benchmark by using concentrations of macroinvertebrates in streams in different land use catchments as a surrogate for a multifactor water quality standard. Experience suggests that if macroinvertebrate health is maintained, other factors including food gathering and recreational values of freshwater are also maintained. This interim guideline will be eventually replaced by more comprehensive water quality standards that reflect the additional variables identified in the National Policy Statement for Freshwater Management 2011. Objectives and policies relating to the management of contaminated discharges from particular land use activities into freshwater systems are contained in both this section and in the relevant sections of Part 3.1.3 - Natural Resources. This approach reflects the particular physical and chemical characteristics of the discharge and how activities can be managed to collect, contain and/or treat discharges prior to their entry into freshwater systems. The principal focus of this section is on the management of discharges from stormwater network systems and overflows from wastewater networks in urban areas. These discharges are the most significant sources of contaminants into lakes and streams in urban areas with stormwater contributing the greatest flow although the wastewater and combined stormwater and wastewater networks also result in untreated discharges in storm eventsand the quality of water in the coastal marine area, where it adjoins urban settlement in Auckland. Stormwater and wastewater networks and wastewater treatment plants are essential prerequisites components for the operation of a safe and healthy urban area. They also enable the protection of natural freshwater systems by containing contaminants in a piped system.

Objectives 1. Areas of high freshwater quality are protected from degradation. 2. Areas of degraded water quality are protected from further degradation and they are enhanced where practicable. 3. The essential role of stormwater and wastewater networks and treatment plants in protecting public health and safety and managing the adverse effects of contaminants on freshwater quality is recognised and provided for.

Policies Surface water quality interim guidelines 1. Use the Macroinvertebrate Community Index (MCI) to determine the extent of degradation in a fresh water body.

2. Manage the cumulative effects of land use and development and control the discharge of contaminants to land and natural freshwater systems. by using the Macroinvertebrate Community Index (MCI) to determine appropriate levels of freshwater quality in different land use catchments and to maintain or enhance the guideline valuesthese levels. 32. Manage discharges of contaminants, where the MCI in Auckland rivers currently meets or exceeds the relevant guideline value in Table 1: MCI guideline values for Auckland, to maintain the guideline value, or enhance it where practicable. 43. Manage discharges of contaminants, where the MCI guideline values in Table 1: MCI guideline values for Auckland are not currently met in Auckland rivers, to increase instream values in rivers over time, using the MCI to meet the guidelines as an indicator of stream health.

Comment [cshearer1]: Such discharges are only urban, so the Background explanation needs to be expanded to cover rural areas also as the MCI Guidelines cove native forest, rural and exotic forest areas.

Comment [cshearer2]: Definition of “wastewater networks” in draft Plan covers treatment plants

Comment [cshearer3]: By inserting this new policy first, then it does not have to be repeated on others. Also provides the basis for some of the other policies

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54. Where it is demonstrated a river is degraded, Rrequire enhancement of instream values unless existing intensive land use and development and irreversible modification of stream channels practicably precludes enhancement occurring. 65. Develop catchment-specific water quality limits identified by community consultation and scientific research, to replace the MCI guideline values, if this is necessary to maintain catchment specific freshwater values.

7. Use the MCI guidelines as indicators of the level of degradation of a freshwater body. Table 1: MCI guideline values for Auckland

Land use MCI guideline value

Native forest 123

Exotic forest 111

Rural areas 94

Urban areas 68

Note When assessing the existing MCI in a stream within the reasonable mixing zone of a proposed discharge against the MCI guideline values in Table 1 above, standard protocols for semi-quantitative sample collection should be used as described in Protocols for sampling macroinvertebrates in wadeable streams, New Zealand Macroinvertebrate Working Group Report No. 1, Stark, J.D. et al., Prepared for the Ministry for the Environment 2001. 7. National Policy Statement on Freshwater Management Policy A4 and direction 76.1 When considering any application for a discharge, the council must have regard to the following matters: a. the extent to which the discharge would avoid contamination that will have an adverse effect on the life-supporting capacity of freshwater including any ecosystem associated with freshwater b. the extent to which it is feasible and dependable that any more than a minor adverse effect on freshwater, and on any ecosystem associated with freshwater, resulting from the discharge would be avoided. 76.2 This policy applies to the following discharges, including a diffuse discharge by any person or animal: a. a new discharge; or b. a change or increase in any discharge - of any contaminant into freshwater, or onto or into land in circumstances that may result in that contaminant (or, as a result of any natural process from the discharge of that contaminant, any other contaminant) entering freshwater. 76.3 This policy does not apply to any application for consent first lodged before the National Policy Statement for Freshwater Management takes effect on 1 July 2011. Note: Policies 6.1 to 6.3 are required by the National Policy Statement for Freshwater Management 2011. They apply until freshwater quality targets and limits have been developed and included into the Unitary Plan. Policies 3.1.3.16.1.1 to 3.1.3.16.1.4 (which give effect to

Comment [cshearer4]: This is not a policy but a statement of action. This could be transferred to form part of the notes below.

Comment [cshearer5]: The values in this table are unrealistic in many situations and may be misused to enforce unfair conditions on resource consents. We suggest a qualifier be placed after Table 1 giving greater definition to the term “guidelines” as these are likely to be interpreted as limits which must be adhered to.

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Policies A1 and A2 of the NPS Freshwater Management) have become operative. At that time they will be removed from the Plan without using the Schedule 1 process. Stormwater diversions and discharges 87. Avoid significant adverse effects and remedy or mitigate other adverse effects of stormwater runoff in greenfield areas on natural freshwater systems and coastal water by, in order of priority: a. the adoption of water-sensitive design principles, including retention and enhancement of natural freshwater systems and natural overland flow paths b. using stormwater infiltration in preference to overland flow to the extent feasible given site conditions and constraints c. the use of green infrastructure in preference to hard built stormwater infrastructure d. on-site reduction of stormwater contaminant loads and peak flows e. the use of communal devices or facilities to reduce stormwater contaminant loads and flows where they are the most efficient and effective option. 98. Reduce the existing adverse effects of stormwater runoff on natural freshwater systems and coastal water over time by: a. requiring measures to be adopted to reduce contaminant loads where new land use and development or redevelopment of existing areas occurs, with a focus on high contaminant-generating areas b. requiring measures to be adopted to reduce the peak flow rate and volume of existing stormwater flows where land use and development occurs within a stormwater management area flow (SMAF) or where enhancement is determined to be appropriate c. encouraging the retention of natural freshwater systems, natural overland flow paths and the use of green infrastructure in preference to hard built stormwater infrastructure d. preventing or minimising the adverse effects of discharges from the public stormwater network while taking into account: i. the Best Practicable Option (BPO) criteria as set out in s. 2 of the RMA ii. policies 3.1.3.16.1.1 to 3.1.3.16.1.4 and the MCI guideline values for Auckland in Table 1: MCI guideline values for Auckland iii. reasonable timeframes over which adverse effects can be prevented or minimised iv. the scale and significance of the adverse effects v. infrastructure investment priorities and the consequence of delaying infrastructural improvements in other areas vi. the ability to prevent or minimise adverse effects having regard to the effectiveness and timeframes of other feasible methods, including land use controls vii. opportunities to integrate with other major infrastructural projects or works viii. the need to maintain and optimise existing public stormwater and wastewater networks and provide for planned land use and development. Land use - stormwater quality 109. Require all new land use and development that includes high contaminant-generating areas to minimise the concentration of contaminants in the stormwater runoff from those areas. 110. Require stormwater quality controls to be applied to high contaminant-generating areas within land use activities at the time of their construction or re-development, particularly those associated with car parks, galvanised iron or copper roofing, building cladding or architectural features, and industrial and trade activities. 121. Require stormwater quality treatment to be achieved on-site unless there is a downstream

Comment [cshearer6]: The MCIs are included in the draft Plan as “Guidelines”. They are not “freshwater quality limits” as required by the NPS, and there are no “targets” for water bodies, also as required by the NPS. Therefore the second and third sentences as originally written are not supported.

Comment [cshearer7]: This section deals with “freshwater” only. There is a separate coastal section dealing with discharges.

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communal device or facility designed to cater for the site’s stormwater runoff that will achieve the same or better level of stormwater contaminant removal. 132. Require land use and development to meet impervious area limits or alternatively meet equivalent hydraulic performance to deliver the adequate functioning and performance of the stormwater network and contribute to retaining stream naturalness and values. Groundwater - stormwater quality 143. Require land use and development in areas underlain by shallow or highly permeable aquifers to use stormwater discharge to ground soakage provided that: a. ground soakage is available b. any risk to people and property from land instability or flooding is avoided c. stormwater quality treatment is implemented to avoid degrading the capacity and water quality of the underlying aquifer system. Peat soils 154. Require land use and development and drainage systems within areas underlain by peat soils to provide for stormwater discharge to ground soakage that maintains underlying aquifer water levels and the geotechnical stability of the peat soils. Wastewater network overflow discharges 165. Avoid increasing the frequency and volume of existing wastewater network overflows or creating new wastewater network overflows by: a. requiring new wastewater networks to be designed and constructed in accordance with recognised industry benchmark standards, including being sized to cater for the maximum likely level of land use development within the area to be serviced b. requiring the construction of private wastewater networksdrainage that areis to be connected to the Watercare network, to meet design standards for new wastewater infrastructure as set out in the Water and Wastewater Code of Practice for Land Development and Subdivision, Watercare Services Limited 2011 c. r 17. Requireing land use and development discharging into the combined sewer system area to: i. avoid increasing stormwater flows to the combined sewer system ii. where practicable, reduce stormwater flows from existing impervious areas to the combined sewer system at the time of urban intensification, redevelopment or subdivision iii. discharge stormwater from new impervious areas and existing impervious areas in accordance with c (ii), to a separated stormwater system, a natural freshwater system or to coastal water where one of those options is available and the stormwater can be drained by gravity. 186. Reduce the volume, frequency of wet weather overflows to an average of no more than two events per discharge location per year, where the stormwater and wastewater networks are separated. and adverse effects of wet weather wastewater network overflows over time by applying the best practicable option criteria as set out in s. 2 of the RMA with priority for: a. contact recreation areas including bathing beaches b. sensitive receiving environments c. areas with high amenity or Māori cultural values d. reducing wet weather overflows to an average of no more than two events per discharge location per year, where the stormwater and wastewater networks are separated.

Comment [cshearer8]: Cannot use volume when the Auckland Plan policy is to reduce the number of overflows. The former d. has been relocated into here.

Comment [cshearer9]: Freshwater only in this section.

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C. Part 4 - Rules

4.2 Auckland wide rules

4.2.3 Natural Resources

4.2.3.18 Wastewater network management

Introduction

This section provides the rules for managing public and private wastewater networks. These rules do not address on-site discharges of wastewater from individual treatment systems, or discharges of wastewater to the directly to the CMA, both of which are covered in Parts 4.2.3.11 and 4.3.6.1. Resource consent applications granted under the rules of this part are pursuant to s. 15 of the RMA.

1. Activity table

The following table specifies the activity status of discharges from public and private wastewater networks via either planned or unplanned discharges of contaminants to land and/or water.

Activity Activity status

Discharge of wastewater, including exfiltration from a public wastewater network servicing new development areas and new wastewater networks within existing an urban areas

P

Discharge of wastewater from public wastewater networks by way of exfiltration P

Discharge of wastewater from a public wastewater network servicing an urban area new development areas and new wastewater networks within existing urban areas where the discharge does not comply with the permitted activity controls

C

Discharge of wastewater from a public separated wastewater network servicing existing urban areas (including intensification). C

Discharge of wastewater from a public combined sewerwastewater network servicing existing urban areas (including intensification) RD

Discharge of treated wastewater (including trade waste) from a wastewater treatment plant D

Discharge of wastewater from a private wastewater network and associated wastewater treatment plant D

Any other discharge of wastewater from a public or private network that does not comply with the permitted, controlled or restricted discretionary activity controls is not otherwise provided for

D

2. Controls

All activities must comply with all general controls for permitted activities and the specific controls for the related activity. Where this does not happen, resource consent as a discretionary activity is required, unless otherwise specified.

General Controls

1. Engineered overflow points are designed and located so that any discharges from them generate a minimum of public health risk, ecological effects, nuisance and/or damage

Comment [cshearer10]: Wastewater is defined as including trade waste.

Comment [cshearer11]: These controls have been transferred from below.

7

2. A wastewater network operations plan must be prepared, and implemented for all activities, and provide: a. a description of the wastewater network b. maintenance procedures and levels of service for key components of the network c. operations procedures including response to system failures, incidents and significant overflow events

d. monitoring and reporting procedures.

3. The network is designed and operated to prevent dry weather overflows during normal operation of the network, and the network operator has an operational and maintenance programme in place that minimises unforeseen dry weather overflows to the environment.

4. All pump stations are continuously monitored by telemetry so that the wastewater network operator is immediately informed of any pump station failure or fault that may result in an overflow.

2.1 Permitted activitiesy

2.1.1 Discharge of wastewater from a public wastewater network servicing new development areas and new wastewater networks within existing urban areas

1. The network is designed and constructed so that: a. capacity is provided for maximum probable development of the serviced network area as anticipated at the time the network is designed and constructed b. capacity is provided for at least fivesix times the average dry weather flow c. all pump stations are designed for a minimum of four hours' storage, in the pump station or the network d. all pump stations are continuously monitored by telemetry so that the wastewater network operator is immediately informed of any pump station failure or fault that may result in an overflow.

2. The frequency of wet weather overflows will be an average of no more than two events per discharge location per year. 2. A wastewater network operations plan is prepared, and implemented, which provides: a. a description of the network b. maintenance procedures and levels of service for key elements of the network c. operations procedures including response to system failures and incidents d. monitoring and reporting procedures. 3. Emergency overflow structures are designed and located so that any discharges from them generate a minimum of nuisance, damage, public health risk and ecological effects. 4. Emergency overflow points are protected from scour and erosion at the point of discharges.

2.1.2 Discharge of wastewater from public wastewater networks by way of exfiltration

1. The discharge does not render any potable water source unsuitable for human consumption, as defined in the New Zealand Drinking Water Standards 1995. 2. The network utility operator has a programme in place to determine the general extent of exfiltration within the network and identify areas of proportionally high exfiltration. 3. The network utility operator implements an operations and maintenance programme aimed at the progressive reduction, where practicable, of wastewater exfiltration.

Comment [cshearer12]: NZ Standard is five times

Comment [cshearer13]: Now a General control above

Comment [cshearer14]: Auckland Plan aims for this standard

Comment [cshearer15]: Now a General control above

Comment [cshearer16]: Covered in network operations plan

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2.2.1 Discharge of wastewater from a public wastewater network servicing urban areas where the discharge does not comply with the permitted activity controlsnew development areas and new wastewater networks within existing urban areas

1. The discharge is unable to meet one or more of the permitted activity controls in clause 4.2.3.18.2.1.1. 2. The network is designed and operated so it does not overflow other than in emergency overflow situations.

2.2.2 Discharge of wastewater from a public separated wastewater network servicing existing urban areas

21. A programme is in place to reduce network overflows to an average of no more than two events per discharge location per annum by 2040. 3. Where the overflow frequency exceeds an average two events per discharge location per annum, an alternative discharge frequency must be established using a Best Practicable Option approach as set out in s2 of the RMA.

2. Emergency overflow structures must be designed and located so that any discharges generate a minimum of nuisance, including the impediment of public access to and along the CMA, damage, public health risk, and ecological risk. 3. A wastewater network operations plan is prepared, and implemented, which provides: a. a description of the wastewater network b. maintenance procedures and levels of service for key elements of the network c. operations procedures including response to system failures, incidents and significant overflow events d. monitoring and reporting procedures. 4. All pump stations are continuously monitored by telemetry so that the wastewater network operator is immediately informed of any pump station failure or fault that may result in an overflow. 5. The wastewater collection network is designed and operated to prevent dry weather overflows during normal operation of the network, and the network operator has an operational and maintenance programme in place that minimises unforeseen dry weather overflows to the environment.


2.3.1 Discharge of wastewater from a public combined wastewater network servicing existing urban areas

1. A wastewater network operations plan is prepared, and implemented, which provides: a. A description of the wastewater network b. maintenance procedures and levels of service for key elements of the network c. operations procedures including response to system failures, incidents and significant overflow events d. monitoring and reporting procedures. 2. All pump stations are continuously monitored by telemetry so that the wastewater network operator is immediately informed of any pump station failure or fault that may result in an overflow.

Comment [cshearer17]: Oppose – makes no sense in this context.

Comment [cshearer18]: Strongly support

Comment [cshearer19]: This is now a general control. CMA access is removed – that needs to come under the coastal provisions.

Comment [cshearer20]: Now a general control



Comment [cshearer23]: General controls

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3. The network operator has an operational and maintenance programme in place that minimises unforeseen dry weather overflows to the environment. 4. Emergency overflow structures are designed and located so that any discharges from them generate a minimum of nuisance, damage, public health risk and ecological effects

3. Assessment


3.1.1 Matters of control Council will restrict its control to the following matters when assessing controlled activity resource consent applications. 1. The discharge of wastewater from a public wastewater network servicing new development areas and new wastewater networks within existing urban areas where the discharge does not comply with the permitted activity controls a. the management of the wastewater discharge and the mitigation of any adverse effects associated with the permitted activity controls that are unable to be met. b. the mitigation of potential adverse effects arising from wastewater overflows, including those on potable water supplies and public health. c. associated monitoring and reporting. d. the duration of the consent and the timing and nature of reviews of consent conditions e. implementation of the overflow reduction programme. 2. The discharge of wastewater from a public separated wastewater network servicing existing urban areas (including intensification). a. implementation of the overflow reduction programme. b. the mitigation of any adverse effects associated with the discharges. c. implementation of the wastewater network operations plan and the operational and maintenance programme. d. associated monitoring and reporting. e. the duration of the consent and the timing and nature of reviews of consent conditions. 3.1.2 Assessment criteria 1. Whether the best practicable option proposed: a. provides for wastewater discharges derived from generated as a result of potential urban growth, urban redevelopment, and land use intensification within the catchment, taking into account the growth and intensification provisions of the Unitary Plan b.will achieve performance that will avoid or minimise adverse effects on public health, potable water supplies, and freshwater and coastal ecosystems and the extent to which the proposal is consistent with Policy 3.13.16.1.16. 2. The extent to which all practicable options have been assessed and the Best Practicable Options has been adopted to reduce wet weather overflows to an average of no more than two events per discharge location per year, where the stormwater and wastewater networks are separated. 3. How the matters in Policies 3.1.3.16.1.6.1 and 3.13.16.1.6.2 will be addressed, taking account of the location, design and operation of the proposed wastewater discharge.


3.2.1 Matters of discretion 1. The discharge of wastewater from a public combined wastewater network servicing existing urban areas (including intensification)

Comment [cshearer24]: Not freshwater

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a. requiring the implementation and ongoing maintenance of measures necessary to achieve the best practicable option for preventing or minimising the adverse effects of the wastewater discharges. b. implementation of the wastewater network operations plan and the operational and maintenance programme c. associated monitoring and reporting. d. the duration of the consent and the timing and nature of reviews of consent conditions.

3.2.2 Assessment criteria 1. Discharge of wastewater from a public combined wastewater network servicing existing urban areas (including intensification) a. recognising the essential role of wastewater networks in protecting public health and safety and managing the adverse effects of contaminants on freshwater quality. b. how the proposal assists in the maintenance or improvement of the Macroinvertebrate Community Indexavoids, remedies or mitigates the potential adverse effects of the discharge on the Macroinvertebrate Community Index (MCI) addressed in Policies 3.1.3.16.1.1 to 3.1.3.16.1.4. c. how wastewater discharges will be managed to minimise and where necessary reduce adverse effects on the CMA where possible, recognising that the cost of removing or relocating wastewater infrastructure is high. d. the extent to which the proposal is consistent with Policy 3.1.3.16.1.16. e. whether a priority based programme of works has been provided that addresses the matters identified in clauses b, c and d above. f. how the matters in Policies 3.1.3.16.1.6.1 and 3.13.16.1.6.2 will be addressed, taking account of the location, design and operation of the proposed wastewater discharge

Comment [cshearer25]: Coastal is a separate chapter

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ISSUE PAPER 7: COASTAL DISCHARGES


1. Watercare has infrastructure that from time to time discharges into the Coastal Marine Area (CMA). There are parts of Watercare’s wastewater network that are located in the coastal environment and therefore have the potential to discharge into the CMA via overflow points. In addition, the majority of Watercare’s wastewater treatment plants are located in the coastal environment and discharge treated wastewater to the CMA (directly or indirectly). To a lesser extent there are water supply pipes located in the coastal environment that could discharge to the CMA due to maintenance work or the installation of new infrastructure.


2. The coastal section of the draft Plan includes a section on discharges into the Coastal Marine Area (CMA) but this does not adequately provide for wastewater discharges from the wastewater network and treatment plants, nor from water supply networks. It appears that the intention of the Plan may have been to partly cross reference the policy rule framework in the freshwater section of the plan. However, under this approach the policy framework is overlapping in some areas and incomplete in others. Likewise, the rules are silent on discharges from the wastewater network and wastewater treatment plants.

3. Watercare suggests that a complete objective, policy, and rule framework for discharges from water supply networks, wastewater networks, and wastewater treatment plants be included in the coastal section of the Plan rather than linked to the Freshwater section.

4. Watercare suggests using similar provisions to those the Freshwater Discharges section (as amended – See Watercare’s Issue Paper on Water Quality for our specific recommendations), but tailored to the coastal receiving environment.

5. Specifically, Watercare suggests:

(a) The addition of an objective that recognises the essential roles of wastewater networks and treatment plants in protecting public health and the environment

(b) Policies that address discharges to the CMA (based on those from the Freshwater Quality section)

(c) Rules that provide for discharges of wastewater from the wastewater network and the discharge of treated wastewater from wastewater treatment plants (equivalent to those proposed (as amended) in the Freshwater quality section).

(d) For completeness, matters of discretion and assessment criteria for the different activity statuses.

6. In addition, we note that there should be a difference between discharges from a public wastewater system versus a private wastewater network and treatment plant.


7. A tracked changed version of the draft coastal discharge provisions, which reflects the issues discussed above, is attached.

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Issue Paper 7: Coastal - Discharges



3.2.5 Coastal zones 3.2.5.1.10 Discharges

Background Water quality is fundamental to most activities undertaken in the CMA and underpins the ecological health and life-supporting capacity of the marine environment. Coastal activities such as food gathering, recreation, tourism and aquaculture rely on water quality being of a safe standard. Amenity values, and the intrinsic values of the coast are also influenced by whether we have clear, clean coastal water. Sediment, nutrient and contaminant levels in discharges to coastal water have a significant effect on ecological values and coastal habitats. Sensitive receiving environments with high recreational or ecological values, for example high use beaches such as estuaries and harbours are particularly affected by discharges, particularly from urbanised areas. The CMA and its resources comprise some of the most important taonga to Mana Whenua. Water quality, which underpins the well-being of the CMA and the ability to use the resources of the CMA, is fundamental to all aspects of Mana Whenua well-being. Tikanga places high value on the concept of manaakitanga, the ability to provide an abundance of food to guests as a matter of tribal mana and well-being, Discharges that degrade water quality, deplete marine life, or prevent consumption kai moana for health reasons, are a fundamental matter of concern for Mana Whenua. Discharges controlled by the Unitary Plan are primarily end-of-pipe discharges, with the majority coming from existing wastewater, stormwater and combined network infrastructure. A important source of discharge comes from existing wastewater, stormwater, and combined networks, sSome of which these discharges occur into sensitive marine environments. However, it would involve significant public expenditure to change the location of the discharge points or to undertake works to mitigate the environmental effects from discharges. Given this situation, a best practicable option strategic approach, as defined in s. 2 (1) of the RMA, has been adopted to prioritise upgrades of infrastructure wastewater and stormwater networks discharging into the CMA and to guide in the assessment of discharge consents. In implementing this approach regard will be had to:

the policies contained in the Freshwater chapter of the Unitary Plan existing marine sediment quality and benthic ecology values the contaminant trends over time and indicators measured and observed for the relevant

receiving environment.

In managing discharges to the coast, all discharges will be required to have regard to existing sediment quality threshold effects levels, below which adverse effects on aquatic organisms are predicted to rarely occur. The effects of contaminant discharges on the CMA are not well understood but as more is learnt about them, priority will be given to managing the contaminantsinputs causing the most degradation. Other discharges into the CMA can occur from construction activities or vessels. Common

Comment [IGotelli1]: Refer to proposed definition of sensitive receiving environment. This acknowledges that the term sensitive is directly linked to the use of the receiving environment.

Comment [IGotelli2]: This statement is incorrect. The UP is required by the RMA to cover discharges from a wide range of sources. This must be deleted or reworded.

Comment [IGotelli3]: Support the use of the BPO approach.

Comment [IGotelli4]: Regard should be had to the policies in this chapter unless there is a whole decision to only have policies and rules for wastewater and stormwater discharges in one section.

2

contaminants discharged include fuel and oil, suspended solids, heavy metals, synthetic and naturally occurring organic compounds, sewage, micro-organisms, and litter.

Objectives 1. Water and sediment quality in the CMA are maintained and degraded areas enhanced. 2. The mauri of coastal water is maintained and, where possible, restored to enable traditional and cultural use of the coast and its resources by Mana Whenua.

3. The essential role of stormwater networks and wastewater systems in protecting public health and safety and managing the adverse effects of contaminants on coastal water quality is recognised.

3. Wastewater and stormwater discharges are managed to minimise and reduce adverse effects on the CMA where possible, recognising that the cost of removing or relocating stormwater and wastewater infrastructure is high.

ALTERNATIVE WORDING TO COMBINE OBJECTIVE 3 AND 4:

The essential role of stormwater networks and wastewater system in protecting public health and managing the adverse effects of contaminants on coastal water quality is recognised, while discharges are appropriately managed to reduce adverse effects on the CMA where possible and the high costs of relocating stormwater and wastewater infrastructure in sensitive environments is high.

54. Other discharges, including those from boats and land, are managed to minimise adverse effects on coastal water quality and ecosystems. 65. The quantity of litter entering coastal water is reduced.

Policies 1. Allow discharges that are consistent with the best practicable option for preventing or minimising

the adverse effects from stormwater and wastewater discharges in the coastal environment.

2. Require stormwater and wastewater network upgrades to achieve identified water quality outcomes

on a whole of catchment and coastal receiving area basis.

3. Avoid the discharge of contaminants where it will result in significant modification of, or damage to

any areas identified as having significant values.

4. Require any proposal to discharge of contaminants or water not derived from stormwater networks

or wastewater systems into the CMA to be managed using a adopt the Bbest Ppracticable Ooption

framework to prevent or minimise adverse effects on the environment, having regard to whether:

a. it is practicable or appropriate to discharge to land above MHWS

b. there is a reticulated wastewater system in place that should be used

c. contaminants in the discharge are minimised

Comment [IGotelli5]: Support

Comment [IGotelli6]: Incorporated in new Policy

Comment [IGotelli7]: Incorporated in new policy

Comment [IGotelli8]: Incorporated in new policy

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d. the receiving environment has the capacity to assimilate the discharged contaminants after

reasonable mixing, particularly within Significant Ecological Areas

e. the adverse effects on the present and foreseeable use of the receiving waters after reasonable

mixing have been avoided, remedied or mitigated, particularly in areas where there is:

i. high recreational use

ii. relevant initiatives by Mana Whenua established under regulations relating to the conservation or

management of fisheries

iii. the collection of fish and shellfish for consumption

iv. areas associated with maintenance dredging

f. cleaner production methods which would result in the greatest reduction in volume and level of

contamination of discharge have been investigated and where technically and financially feasible,

adopted

g. the discharge after reasonable mixing should not give rise to any of the following effects:

i. oil or grease films, scums or foams, or floatable or suspended materials

ii. conspicuous change in the colour or visual clarity

iii. any emission of objectionable odour

iv. any significant adverse effects on aquatic life

v. any significant effects on of aesthetic or amenity values

h. the discharge complies with relevant, appropriate and accepted codes of practice and

environmental guidelines.

5. Avoid the discharge of sewage to the CMA, unless:

a. alternative methods, sites and routes for the discharge have been considered and are not the best

practicable option

b. Mana Whenua have been consulted in accordance with tikanga Māori and due weight has been

given to s. 6, s. 7 and s. 8 of the RMA

c. the affected community has been consulted regarding the suitability of the treatment and disposal

system to address any environmental effects

d. there is no significant adverse effect on any existing or foreseeable future use of the area for

recreation or fish or shellfish gathering.

e. the adverse effects on present and foreseeable future use of the area are avoided, remedied or

mitigated, particularly in areas of:

i. high recreational use

ii. areas of maintenance dredging

iii. commercial or residential waterfront development.

6. Avoid the discharge of contaminants in areas that require maintenance dredging, unless the

environmental effects can be avoided or remedied.

7. Seek to reduce the amount of litter entering coastal waters through a range of methods, including:

a. education and raising awareness of the range of ways litter enters the coast, and the adverse

Comment [IGotelli9]: Unclear what this refers to

Comment [IGotelli10]: This policy directly conflicts with the other policies regarding the discharge of contaminants to the CMA.

Comment [IGotelli11]: These areas would need to be mapped and the intent clearly stated. Many areas are dredged because they are discharge points for contaminants.

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effects it has

b. supporting beach clean-ups

c. supporting the provision of litter disposal facilities in appropriate locations, and advice being

provided to people on where litter should be disposed of

d. encouraging design, maintenance and management initiatives, including for discharge structures,

road cleaning and other activities, that will help minimise the amount of litter discharged into the CMA.

8. Provide for discharges that are unavoidable but intermittent, where:

a. the discharge occurs infrequently

b. there are technical and practical difficulties which prevent measures being taken to avoid, remedy

or mitigate adverse effects of the discharge

c. there is an appropriate programme, consistent with the best practicable option approach, in place to

upgrade the quality of the infrastructure within a reasonable timeframe to avoid, remedy or mitigate

adverse effects.

9. Enable the operation, maintenance, upgrade, and installation of new or redevelopment of the

stormwater and wastewater public network infrastructure to meet the economic and social needs of

people and communities. In particular, take into account:

a. the practicability of upgrading the part of the infrastructure network at issue, taking into

consideration the state of the infrastructure and the costs of upgrading option

b. public health priorities

c. the nature of both the receiving environment and the discharge

d. priorities for flooding and inundation protection

e.. the functional requirements of some components of the stormwater networks and wastewater

systems to be located in the coastal marine area and that discharges from these networks are

unavoidable in some circumstances.

10. Require discharges to the CMA from stormwater and, wastewater networks and non-network

sources to be managed using within a Bbest Ppracticable Ooption framework, having regard to:

a. avoiding or minimising discharges to high use contact recreational areas such as bathing beaches,

areas of high ecological value or areas with high Maori cultural values

b. the extent to which existing water quality can be improved by reducing wastewater overflows or

stormwater discharges, for a whole catchment or specific receiving environment

c. with respect to wastewater overflows, avoid increasing the frequency and volume of existing

wastewater networks to be designed and constructed in accordance with recognised industry

benchmark standards, and are sized to cater for the maximum probable development within the area

to be serviced as anticipated at the time the network is designed and constructed.

d. with respect to stormwater discharges

policies 3.1.3.16.1.1 to 3.1.3.16.1.4 and Table 1 MCI Guidelines for Auckland in Part 3.1.3.16.1 Water

Quality.

i.b. maintaining existing sediment concentrations where they are below the threshold effects levels of

Comment [IGotelli12]: Align with policy in the Freshwater section

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the sediment quality indicators in Table 1 below, and to:

i. maintaining existing sediment concentrations where they are below the threshold effects levels

ii. reducing contaminant levels and the spread of contaminants outside the discharge zone where

existing sediment concentrations are above the threshold effects level

iii. taking into account trends in the sediment quality identified by monitoring, or modelling of how each

option will affect those trends

iv. protecting existing benthic ecology.

Table 1: Sediment Quality Indicators-primary contaminants (mg/kg) in surficial sediments (to a depth

of 20mm)

Monitoring method guideline Parameter Threshold effects level (TEL)

'Blueprint for environmental

monitoring of urban coastal

receiving environments'

ARC TP 168 i

Zn 124

Cu 19

Pb 30

HMW PAHa,b 0.66

NEW POLICY

Require any discharges from wastewater treatment plants to be managed using a Best Practicable

Option framework, having regard to:

a. the sensitivity of the receiving environment

b. the views and aspirations of the community serviced by the wastewater treatment plan

c. alternative sites, treatment methods and discharge locations that would avoid a discharge to

the coastal marine area.

11. Monitoring methods for discharges should be aligned to those outlined in Auckland Regional

Council's Technical Publication 168, Blueprint for Monitoring Urban Receiving Environments.

B. Part 4: Rules

4.3.6 Coastal zones The following provisions form part of the regional and district plan. All provisions relating to the coastal marine area are regional coastal plan provisions.

4.3.6.1 General Coastal Marine zone

1. Activity tables

The following table specifies the activity status of activities in the General Coastal Marine zone and the Significant Ecological Area - Marine and Outstanding Natural Feature overlays.

Comment [IGotelli13]: Add new policy for discharges from wastewater treatment plants

Comment [IGotelli14]: Suggest this be a note rather than policy.

6

1.7 Discharges

Activity table – General Coastal Marine zone, SEA-M and ONF overlays

General Coastal Marine zone

SEA-M1 SEA-M2 ONF - Type A1 and A

ONF - Type V1, V2, B, C, D, E, F

Discharges (s. 15 RMA)

Discharge of untreated sewage from a ship or offshore installation

P P P P P

Discharge of any contaminant, other than hull fouling, resulting from the cleaning, anti-fouling or painting of vessels, not otherwise provided for

P NC P D D

Discharge of hull bio-fouling organisms from below the load line resulting from: 1. in-water cleaning of a vessel which has arrived from overseas with light to very heavy macro-fouling (level of fouling scale 2 to 5), or 2. passive release from a vessel which has arrived from overseas with light to very heavy macro-fouling (level of fouling scale 2 to 5), or 3. in-water cleaning of a vessel which has been wholly resident in New Zealand waters with extensive to very heavy macro-fouling (level of fouling scale 4 to 5), or 4. passive release from a vessel which has been wholly resident in New Zealand waters with extensive to very heavy macro-fouling (level of fouling scale 4 to 5).

D Pr D NC NC

Discharge of any contaminant, including hull biofouling organisms, resulting from the hull cleaning below the load line, anti-fouling or painting of vessels within 500m of MHWS of the foreshore of the following Hauraki Gulf conservation islands:

Beehive Island

Pr Pr Pr Pr Pr

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Browns Island

Hen & Chickens Islands

Little Barrier Island

Mokohinau Islands

Motuihe Island

Motuora Island

Motutapu Island

Rangitoto Island

Saddle (Te Haupa) Island

The Noises Islands

Tiritiri Matangi Island.

Discharge of hull biofouling organisms from in-water hull cleaning below the load line of a vessel, not otherwise provided for

P Pr P D D

Passive discharge of hull biofouling organisms resulting from its presence, not otherwise provided for

P P P P P

Discharge of dye or tracer material for investigative purposes

P P P P P

Discharge from the water supply network of potable water for the purpose of draining pipelines or water reservoirs for inspection, repair or maintenance

P P P P P

Discharges into the coastal marine area, which are not covered by another permitted activity rule in this Plan and not covered by the Resource Management (Marine

P P P P P

Comment [IGotelli15]: Support, with amendment to the wording to say “water supply network”. There is no need to specify the purposes as this is implicit.

8






Pollution) Regulations 1998

Discharge of hazardous substances as defined in HSNO

D D D D D

Discharge of wastewater from a wastewater network servicing an urban area

P P P P P

Discharge from a public wastewater network servicing an urban area where the discharge does not comply with the permitted activity controls.

C C C C C

Discharge of wastewater from combined sewer network

RD RD RD RD RD

Discharge of treated wastewater from a wastewater treatment plant

D NC D D D

Discharge of wastewater from a private wastewater network and associated wastewater treatment plant

D NC D D D

Discharges into not otherwise authorised by a rule in this plan, or covered by the Resource Management (Marine Pollution) Regulations 1998, that do not comply with the permitted activity controls

D NC D NC NC

2. Land and water use controls

2.12 Discharges

1. General - All permitted activities a. The discharge will not, after reasonable mixing, give rise to any or all of the following effects: i. the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials ii. any conspicuous change in the colour or visual clarity water in the CMA

Comment [IGotelli16]: These 5 activities are for wastewater networks and treatment plants and are consistent with the freshwater section

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iii. any emission of objectionable odour iv. any significant adverse effects on aquatic life.

4. Dye or tracer material for investigative purposes a. Notice of the intended discharge is given to the council at least 12 hours prior to the discharge occurring. b. The dye or tracer is of a type that is designed to be used in natural water and must be used in accordance with manufacturer’s recommendations and any relevant and recognised standards and practices. 5. Discharge from the water supply network [Potable water for the purpose of draining pipelines or water reservoirs for inspection, repair or maintenance] a. The discharge occurs during the upper half of the tide unless the discharge occurs directly into open water without disturbing sediment. b. The discharge, after reasonable mixing, results in a free available chlorine concentration of less than or equal to 13 20 µg/l in the receiving water. 6. Discharge of wastewater from a wastewater network

1. Engineered overflow points are designed and located so that any discharges from them generate a minimum of public health risk, ecological effects, nuisance and/or damage. 2. A wastewater network operations plan must be prepared and implemented and provide: a. a description of the wastewater network b. maintenance procedures and levels of service for key components of the network c. operations procedures including response to system failures, incidents and significant overflow events d. monitoring and reporting procedures. 3. The network is designed and operated to prevent dry weather overflows during normal operation of the network, and the network operator has an operational and maintenance programme in place that minimises unforeseen dry weather overflows to the environment. 4. All pump stations are continuously monitored by telemetry so that the wastewater network operator is immediately informed of any pump station failure or fault that may result in an overflow. 1. The network is designed and constructed so that: a. capacity is provided for maximum probable development of the serviced network area as anticipated at the time the network is designed and constructed b. capacity is provided for at least five times the average dry weather flow c. all pump stations are designed for a minimum of four hours' storage, in the pump station or the network 2. The frequency of wet weather overflows will be an average of no more than two events per discharge location per year. 6. Discharges into the CMA which are not covered by another permitted activity rule in this Unitary Plan, and not covered by the Resource Management (Marine Pollution) Regulations 1998 a. The discharge does not contain human sewage or hazardous substances as defined by HSNO and any regulations made under s. 75 of that act. b. The discharge does not change the natural temperature of the receiving water, after reasonable mixing by more than 3Celsius. c. The discharge does not involve any visible disturbance to the substrate of the CMA that cannot be remedied or recontoured within seven days. d. Public access to and along the coast is not restricted by the volume or movement of the discharge. 7. Occupation of the CMCA by infrastructure structures, that form part of a network operated or managed by a network utility operator, and are existing at 23 October 2001, and any

Comment [IGotelli17]: Revise to be consistent with Environment Court order on Coastal Plan Chapter 20.

Comment [IGotelli18]: Added for new activity rule, consistent with freshwater section

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subsequent upgrade to such a structure a. The structure is located so that it does not cause more than minor erosion, deposition, or disturbance. b. The structure is not redundant, in that it is being used and is physically capable of being used for its required purpose. c. The structure and/or its location are shown on a plan with the NZMS grid references (seven digit easting & northing), and by a photograph, both of which are provided to council upon request. d. The structure is located so that it does not unduly impede public access to and along the CMA. e. Any upgrade complies with the performance controls for minor infrastructure upgrading in the network utilities and energy rules.

2.12a Controlled Activities

x.x. Discharge of wastewater from a public wastewater network servicing an urban area where the discharge does not comply with the permitted activity controls 1. A programme is in place to reduce network overflows to an average of no more than two events per discharge location per annum by 2040. 2. Where the overflow frequency exceeds an average two events per discharge location per annum, an alternative discharge frequency must be established using a Best Practicable Option approach as set out in s2 of the RMA.

x.x. Matters of control Council will restrict its control to the following matters when assessing controlled activity resource consent applications. 1. The discharge of wastewater from a public wastewater network servicing an urban area where the discharge does not comply with the permitted activity controls a. the management of the wastewater discharge and the mitigation of any adverse effects associated with the permitted activity controls that are unable to be met. b. the mitigation of any adverse effects arising from wastewater overflows, including those on potable water supplies and public health. c. associated monitoring and reporting. d. the duration of the consent and the timing and nature of reviews of consent conditions . e. implementation of the overflow reduction programme. f. implementation of the wastewater network operations plan and the operational and maintenance programme.

2.12b Restricted discretionary activities x.x Matters of discretion 1. The discharge of wastewater from a combined wastewater network a. Implementation and on-going maintenance of measures necessary to achieve the best practicable option for preventing or minimising the adverse effects of the wastewater discharges. b. Implementation of the wastewater network operations plan and the operational and maintenance programme c. Associated monitoring and reporting. d. The duration of the consent and the timing and nature of reviews of consent conditions.


4.2 Land and water use control or development control infringements

Comment [IGotelli19]: Incorrect section – relates to structures not discharges

Comment [IGotelli20]: The structure of this section doesn’t provide for controlled, RD, or D activities. Have included this as suggested text but will need to be put in appropriate place.

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4.2.1 Matters of discretion

The council will restrict its discretion to the matters below for the activities which infringe a permitted activity standard in a land and water use control or a development control.

Activity

Construction or works methods, timing and hours of operation

Location, extent, design and materials used

Effects on coastal processes, ecological values, water quality and natural character

Effects on views and visual amenity

Effects on public access, navigation and safety

Effects on existing uses and activities

Consent duration

Activities which do not meet the permitted activity noise standard

X X X

X

X

Activities which do not meet the permitted activity lighting standard

X X

X X X

Discharges that do not meet the controls for the permitted activity

X X X

X X

Other activities which do not meet a permitted activity land and water use control or development control

X X X X X X X


The council will consider the relevant assessment criteria in the general assessment criteria and the criteria below for the restricted discretionary activities listed. 1. Noise a. Management of noise emissions from activities in the CMA should take into account: i. the adverse effects on the health, well-being, and amenity values of the people who reside in or use the area ii. the health and well-being of coastal and marine fauna from the noise associated with the proposal iii. the extent the noise may add to a cumulative noise effect, taking into account the existing noise generated at or near the site iv. the practicability of being able to control the noise levels v. the extent to which any social and economic benefits to the community offset the impact of noise associated with the application vi. the extent to which the effects of the noise will be mitigated. Note

12

With regard to effects on fauna, this may include a requirement of observers for marine mammal absence within a set 1500m radius from the noise source, avoiding places/seasons where marine mammals are present for sensitive behaviours like breeding, calving and feeding. 2. Activities which do not meet the permitted activity lighting controls a. Refer to Part 4.2.5.1.2 - General lighting assessment criteria. 3. Discharges that do not meet the controls for the permitted activity a. Facilities should be provided for the treatment, collection and disposal of any discharge where practicable. 4. Discharge of wastewater from a wastewater network servicing an urban area where the discharge does not comply with the permitted activity controls 1. Whether the Best Practicable Option proposed: a. provides for wastewater discharges generated as the result of potential urban growth, urban redevelopment, and land use intensification within the catchment, taking into account the growth and intensification provisions of the Unitary Plan b. will achieve performance that will avoid or minimise adverse effects on public health, potable water supplies, and coastal marine ecosystems and the extent to which the proposal is consistent with Policy x. 2. The extent to which all practicable options have been assessed, and to which the Best Practicable Option to reduce wet weather overflows to an average of no more than two events per discharge location per year has been described. 1. Discharges of wastewater from a combined wastewater network a. Recognition of the essential role of wastewater networks in protecting public health and safety and managing the adverse effects of contaminants on freshwater quality. b. The provision and implementation of a prioritised wastewater network improvement programme c. The extent to which the improvement and maintenance programme assists in the maintenance or improvement of the existing water quality. c. The extent to which the proposal is consistent with Policy x.

Comment [IGotelli21]: Add assessment criteria.

1

ISSUE PAPER 8: LAND DISTURBANCE


1. In order to operate a well-functioning network, Watercare carries out repair and maintenance works on its assets on a daily basis. Regular upgrade and network expansions are also necessary to continue to meet Auckland’s growing water and wastewater service demands. These regular construction works necessitate land disturbance activities on a variety of scales (e.g. from minor excavations to enable the repair of a broken pipe or the construction of footings for aboveground assets to more significant open cut trenching to install a new main).

2. Accordingly, ensuring that there is adequate certainty about the applicability of the land disturbance provisions and that the related thresholds have been appropriately set is critical to Watercare’s ability to carry out its regular functions as the municipal water and water service provider for Auckland.

3. As drafted, it is unclear which land disturbance rules and development controls apply to network utilities, including Watercare.


4. Watercare has proposed a number of changes to the draft Unitary Plan provisions to address the following four key areas concerns (as well as a number of consequential changes).

Lack of distinction between Regional and District Plan rules

5. Watercare is a signatory to the Auckland Utility Group Operator’s (“AUOG“) feedback and particularly endorses the fundamental message that it is unclear which rules are Regional versus District Plan rules. The AUOG feedback sets out why this is problematic and is not repeated.

6. The structure of the draft land disturbance provisions reinforces a lack of distinction throughout the provisions—including which rules are which, and which development controls, discretion and assessment criteria are applicable to which rule. Overcoming this issue will require a significant rewrite and restructure of the land disturbance provisions. Watercare understands that Council staff also recognise this necessity.

7. To assist in resolving this lack of distinction Watercare proposes explanatory text in the introduction to the natural resources chapters at 4.2.3 and the land disturbance provisions at 4.2.3.9. The proposed text would default all land disturbance rules to be read as District Plan provisions, unless otherwise specified. These recommendations are consistent with the AUOG feedback.

Applicability to Network Utility Operators

8. The land disturbance activity tables are drafted on the basis that rules relate only to the specified groups of activities, except where the “General” provisions are more permissive. In Watercare’s case the Network Utility Services rules are relevant.

9. Watercare supports this approach but suggests additional text at 4.2.3.9.1 to explicitly state this intention.

2

Inconsistent Classification of Land Disturbance Activities

10. The activity tables contain several inconsistently classified types of land disturbance activities. These related to instances where activities have been incorrectly classified more than once, completely omitted, or they conflict with provisions in other parts of the Unitary Plan. Additionally, the development controls also contain numerous impractical, inconsistent and at times contradictory performance thresholds. Collectively, these result in the inconsistent classification of land disturbance activities.

11. Watercare has proposed modifications to the relevant parts of the activity tables and development controls to resolve these inconsistencies. The rationale for each change is supported by explanation in the attached document.

Uncertainty throughout Rules, Controls, Discretion and Assessment Criteria

12. In addition to the reasons explored above, the draft provisions result in significant uncertainty for plan users as a result of the fundamentally confused structure of this chapter of the plan.

13. On the one hand the activity tables seek to classify specific groups of land disturbing activities (plus “general” land disturbing activities) while the approach to specifying matters of control/restricted discretion and assessment criteria does not logically follow the same structure. As a result, the Council’s discretion and related assessment criteria for land disturbing activities is confused and in places incomplete.


14. The remainder of the revisions are sought for consistency throughout the document, or are minor changes proposed for clarity, or are deletions to remove unnecessary matters or avoid repetition.


15. A tracked changed version of the draft land disturbance provisions (including “road testing” examples against Watercare projects), which reflects the issues discussed above, is attached.

16. Watercare also refers Council to the relevant feedback and changes in the Auckland Utility Operator’s Group feedback.

1

Issue Paper 8: Land Disturbance Activities

Track Change Version with Watercare Feedback

Watercare Feedback—Land Disturbance Provisions (in general): The following feedback on the land disturbance provisions at Parts 3 – 5 illustrates why Watercare considers these require significant work. Watercare recommends the suite of provisions (from the Regional and District Plan policy framework through to the rule sets, development controls and associated assessment criteria) are reviewed and edited for consistency. This review must also set out to consistently apply appropriate regulatory thresholds. Watercare recommends that this review also revisit consistency with the Regional Policy Statement policy framework. There are also instances throughout the Unitary Plan where land disturbance controls are duplicated and, at times, conflicting with the rules and development controls in this chapter of the Plan. Accordingly, the review of these provisions must not be limited to this chapter and instead set out to delete the other provisions on the basis that a single, comprehensive suite of provisions are located here. Watercare also draws the Council’s attention to relevant recommendations on these provisions in the AUOG feedback (particularly appendices 2 and 5).


3.1.3 Natural resources The following provisions form part of the regional and district plan. All provisions relating to the coastal marine area are regional coastal plan provisions.

3.1.3.9 Land disturbance activities …

Watercare Feedback: In light of the following feedback on the land disturbance rule set at Part 4 of the plan, the related regional and district plan policy provisions require significant revision for consistency. Critically, this will also involve the need to reflect feedback on other parts of the plan e.g. deletion of the MCI policies at 3.1.3.9 Discharge Policy 6. Watercare draws the Council’s attention to relevant recommendations on these provisions that are found the feedback from Watercare (this document) and the AUOG (particularly appendix 2).

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B. Part 4 - Rules

4.2.3 Natural resources The following provisions form part of the regional and district plan. A statement at the start of each sub-section specifically explains the delineation between Regional and District rules. All provisions relating to the coastal marine area are regional coastal plan provisions.

Watercare Feedback: This track change requires the Council to make this consequential change throughout the Natural Resources section. Recommended text is provided at the introduction to the Land Disturbance sub-section 4.2.3.9 below. Importantly, this requires adequate separation in the following development controls, discretion and assessment criteria. For example, it is inappropriate for regional matters to be dealt with at development controls, discretion and assessment criteria related to District Plan matters. As drafted the provisions confuse these throughout. Consequently, Watercare has made suggestions in this regard throughout but has not been able to remedy this fundamentally structural problem. To assist in understanding the feedback herein, a set of “road tested” examples of the draft Land Disturbance provisions against Watercare projects is attached.

4.2.3.9 Land disturbance activities

Introduction This section provides rules and controls relating to the management of earthworks and other activities that result in land disturbance in terms of s. 9 (2), 9 (3) and associated discharges of sediment under s. 15 (1) (b) of the RMA. Unless specifically stated otherwise, the land disturbance rules are District Plan rules.

Watercare Feedback: Please see the relevant recommendations in the AUOG feedback (particularly appendix 2). Watercare endorses the AUOG submission regarding the possible use of the operative Auckland Regional Plan: Sediment Control thresholds.

If not appropriately managed, land disturbance activities can create potential a range of amenity, environmental and safety effects that include adverse visual effects, loss of privacy, generation of dust, noise and vibration, nuisance, traffic and pedestrian effects, sediment runoff and site stability.

Watercare Feedback: The preceding paragraph needs to appropriately delineate between effects relevant to District and Regional Plans (in accordance with sections 30 and 31 of the Act). Please refer to the AUOG submission for further discussion on this matter.

However, in respect to effects relevant District Plan matters, Watercare does not accept that privacy effects relate directly to land disturbance, rather they have the potential

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arise as a result of the subsequent development (i.e. privacy effects arising from land disturbance and workers onsite are temporary effects). Rather, references to privacy effects should be deleted throughout and appropriately managed via zone and activity-specific methods throughout the plan.

The following rules provide thresholds and controls to appropriately avoid, minimise or mitigate those effects. The rules provided for forestry specifically relate to earthworks and land disturbance associated with production forestry e.g. track, landings, roads. The alteration or removal of vegetation that may occur as a result of earthworks and other land disturbance, including that associated with forestry, is addressed in Part 4.2.3.17 of this Unitary Plan. For activities within the CMA, refer to Part 4.3.4.3.6 - Coastal zone rules.

1. Activity tables The followingActivity tables 1.1 and 1.2 outline the activity status for land disturbance activities in the zones and overlays, respectively. For clarity, land disturbance activities may be classified in stages where it is demonstrable that each stage will be progressively stabilised. For sites with one or more overlays, then the more stringent activity status appliesy.

Network Utilities are only subject to specific Network Utility Services rules in tables 1.1 and 1.2, except where the General provisions are more permissive.

Refer to other provisions in the Unitary Plan for the activity status of the related land use activity.

Watercare Feedback:

To assist in understanding the activity tables, Watercare recommends that the zone labels are at the top of each page (where the table runs over the page). Structure of the Activity Table: The structure of the table doesn’t match how discretion and assessment criteria are set out. On the one hand the table delineates various works but then the discretion and criteria are basically grouped into vast “general” sections then some attempts at specific discretion and criteria (but they are incomplete, contradictory or contain irrelevant matters). This structure further complicates delineating the Regional and District provisions.

Watercare recommends that the Council re-structure the table like other chapters of the plan (including a “tick” box approach to specify what discretion and criteria applies to what). However, re-structuring this table would be a significant piece of work.

1.1 Zones

Activity table - Land disturbance activities

Activity Residential zones

Business zones

Rural zones except Rural Conservation

Public Open Space zones except Public Open Space -

Rural Conservation and Public Open Space

Special Purpose zone - Quarry

All other zones and

http://plan.aklc.govt.nz/pages/document/EditRight.aspx?hid=27525&t=4.2.1%20Infrastructure

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Conservation Conservation zones

roads

General

…

Land disturbance activity located wholly or partly within the 100-year ARI flood plain

Land disturbance activities within overland flow paths

P P P P P P P

Land disturbance activities associated with flood mitigation works undertaken by council or its agent to protect existing buildings from flooding hazards

P P P P P P P

Land disturbance activities up to 25m² and/or 3m³ located wholly or partly within the 100-year ARI flood plain

RD RD RD RD RD RD RD

Network utility services and roads

Land disturbance activities associated

P P P P P P P

Comment [HWebb1]: Watercare anticipates that the intention is for flood plain provisions to apply to Network Utilities. However, as drafted (and with the relief sought) they would not apply. If it is the Council’s intention for these rules to apply, they should be inserted (following redrafting) in the Network Utilities section below. If added, Watercare requests the opportunity to review these provisions prior to notification of the plan. Please also refer to Watercare’s related commentary on flooding provisions at 4.2.3.6 in the track changed table at Part 3 of this feedback

Comment [HWebb2]: There is inconsistency in the title of this section of the zone table in comparison to the overlay table below.

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with the operation, repair and maintenance of existing network utilities

Land disturbance activities up to 2500m2 or 2500m3 associated with the installation and maintenance of utility services and road network activities

P P P P RD P P

Land disturbance activities greater than 2500m2 or 2500m3 associated with the installation and maintenance of utility services and road network activities * within the strategic transport corridor this is a RD activity

P P P RD RD P P*

Comment [HWebb3]: Maintenance is covered by the preceding row in the table and should be deleted. This row deals with installation activities.

Comment [HWebb4]: General comment on RDA’s: There is no real distinction between different RDA such as LD </> 2500m2 and 2500m3—either at discretion or the criteria. The only difference is where they are within an overlay. Therefore the supposed distinction in the table is generally redundant.

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Watercare Feedback (Overlay Activity Table):

The Land Disturbance chapter of the Unitary Plan is drafted to be comprehensive however there are other, often conflicting, land disturbance provisions elsewhere. There are also gaps in the rule set. Consequently, it is unclear what rules apply to land disturbing activities. Watercare is particularly concerned with the incomplete set of rules for land disturbing activities within the overlays. For example, activity table 1.2 does not deal with land disturbing activities in the Outstanding Natural Feature Overlay. Instead these rules, and specifically network utility rules, are provided at 4.4.6.1 activity table 2. Watercare seeks that these and all other relevant land disturbing provisions are integrated into the provisions at 4.2.3.9. Furthermore, all provisions should be consistent with the changes sought herein.

1.2 Overlays

Activity table – Land disturbance activities - controls for specific overlays

Activity Coastal Protection Yard

SEA ONCs

Water supply management areas

HNC and ONLs

Historic character areas, historic heritage and Waitākere Ranges Heritage Area Act

Sites of significance to Mana Whenua

General

The discharge of treated sediment laden water from any earthworks or other land disturbance activity that complies with all relevant permitted activity controls

P P P P P P P

Maintenance and repair of fences,

P P P P P P P

Comment [HWebb5]: A row for the discharge of sediment laden water is missing. It may be appropriate for additional permitted activity controls to apply to these discharges within the overlays.

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driveways, tracks, car parking areas and sportsfields

Minor disturbance associated with gardening and planting

P P P P P P P

Drilling for cores or water bores, including creating drilling pads and associated stormwater management and rehabilitation of drilling pad sites, but excluding access to drilling pad sites

RD RD P RD P D D

Irrigation or land drainage works below natural ground level

RD RD RD RD RD D D

Work to provide for effluent disposal systems, swimming pools, garden amenities and fences

RD RD RD RD RD D D

Earthworks

Less than 5m2 P P P P P P D

Comment [HWebb6]: The wording differs from the Zone provisions – it has attempted to amalgamate the provisions at the 4th and 5th rows of the general zone activity table i.e. instead of “abstraction of ground water” it simply states “water bores”. Please alter to “abstraction of ground water” throughout.

Comment [HWebb7]: These PA are actually more enabling than in the groundwater zone provisions (see below). Watercare supports the intention of these provisions and seeks consistency is introduced at the ground water zone provisions below.

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and/or 5m3

Up to 50m2

and/or 250m3 RD RD RD RD P RD NC

Up to 500m2 and/or 250m3 RD RD RD RD RD D NC

Up to 1000m2

and/or1000m3 D D D D D D NC

Greater than 1000m2and/or 1000m3

NC NC NC NC D NC NC

Farm tracks

…

Network utility services

Land disturbance associated with the operation, repair and maintenance of existing network utilities

P P RD P P P RD

Land disturbance up to 2500m2 or 2500m3 associated with the installation and maintenance of utility services and road network activities

RD RD RD RD RD RD RD

Land disturbance greater than 2500m2 or 2500m3 associated

RDA RDA RDA RDA RDA RDA NCRDA

Comment [HWebb8]: Although Watercare is not subject to the earthworks provisions, we advise that the use of “And/or” is ambiguous. It is also inconsistent with the rest of the tables that state “or” in relation to the m² and m³ metrics. The “and/or” should be replaced with “or”.

Comment [HWebb9]: As per the same change in the zone table above.

Comment [HWebb10]: The range of effects of these works on values inherent to the overlays is known. Therefore Watercare recommends that discretion is restricted to the relevant matters and the appropriate discretion and assessment criteria are defined. Watercare has suggested wording below.

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with the installation and maintenance of utility services and road network activities

Watercare Feedback:

Regarding the recommended re-classification of land disturbance greater than 2500m2 or

2500m3 on Sites of Significance to Mana Whenua from Non-Complying to Restricted Discretionary

Activity (last line of the table above): The draft Non-Complying Activity classification of these works within the Sites of Significance to Mana Whenua Overlay (SSMW) is inconsistent with overlay rules (4.4.5.2) that classify works within 50m as Discretionary (unless the works result in the destruction or desecration of the values associated with the overlay, in which case they are NC). Also, the Maori Cultural Heritage (MCH) provisions classify land disturbance within 50m of these values as a Restricted Discretionary Activity (4.2.2.1). This is important as the definition of MCH includes SSMW. Therefore there is an internal inconsistency within the mana whenua provisions and those within the land disturbance provisions. While land disturbance could lead to the destruction and desecration of values inherent to the SSMW overlay, it does not necessarily follow that they will. Therefore NCA is inappropriate…as it isn’t necessarily totally unanticipated that >2500m2/2500m3 occur on SSMW and a well-crafted Restricted Discretionary Activity is a perfectly adequate classification to manage the defined range of effects. Furthermore, classification as an RDA does not prevent the Council from declining such a consent should the effects be unacceptable. Watercare recommends that land disturbance rules be contained in this part of the plan and that the necessary cross-references to these provisions are inserted throughout the plan. Please refer to section 7 of the AUOG feedback for related discussion to SSMW and MCH provisions.

2. Controls

2.1 Permitted activities - General All permitted activities in the table above must comply with the development controls listed below. 1. Land disturbance must not, after reasonable mixing, result in any of the following effects in receiving waters: a. the production of conspicuous oil or grease films, scums or foams, or floatable or suspended materials b. any conspicuous change in the colour or visual clarity c. any emission of objectionable odour d. the rendering of fresh water unsuitable for consumption by farm animals e. any significant adverse effects on aquatic life. 2. Best practice erosion and sediment control measures must be implemented for the duration of the activity. Those measures must be installed prior to the commencement of disturbance and maintained until the site is stabilised against erosion. Best practice in Auckland is generally deemed to be

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compliance with Auckland Council Technical Publication 90 Erosion and Sediment Control Guideline for Land Disturbing Activities in the Auckland Region or similar design. 3. Dewatering of trenches and other excavations must be done in accordance with best practice and must not result in a discharge of untreated sediment laden water to any stormwater reticulation system or waterbody. 4. Works must not result in any instability of land or structures at or beyond the boundary of the property where the activity is occurring. 5. The works must not occur within 1m of the site boundary.

Watercare Feedback: Development control #5 is impractical for various reasons. Firstly, regarding stability at the boundary compliance with #4 achieves this. Secondly, it would often be problematic—particularly for utilities working in legal road near property boundaries.

Please see the attached set of “road tested” Watercare examples. 6. Land disturbance within areas likely to be subject to natural hazards are permitted provided a report by a suitably qualified engineer confirms that the land on which the activity is located is not will not be subject to the following: a. coastal erosion and inundation over a 100-year timeframe b. land instability.

7. The activity must not cause malfunction or result in damage to utility services, or permanently change the cover over utility services so as to create the potential for damage or malfunction. 8. The activity must not permanently alter the capacity and performance configuration of an overland flow path i.e. the works must maintain the same route of the overland flow path, maintain the same entry and exit point at the site boundary, and not alter the volume and velocity of water flow but the route of the overland flow path may be altered within the site. 9. Only cleanfill material may be imported and or utilised as part of the activity. 10. The works must not occur within a Wetland management area.

Watercare Feedback:

Development control #10 sets a zero tolerance for works within this overlay. This contradicts the enabling provisions within overlays and should be deleted.

11. Access to public footpaths, berms, private properties, public services/utilities, or public reserves resulting from the land disturbing activity, must not be obstructed unless necessary to prevent harm to the public or to enable the continued operation of public utilities. 12. Measures must be implemented to ensure that any discharge of dust beyond the boundary of the site is avoided or otherwise limited such that it does not cause nuisance in accordance with section 17 of the Resource Management Act 1991.

Comment [HWebb11]: Control #2 should be a clear performance standard free from the requirement for the Council to apply its discretion. It shouldn’t refer to “best practice” as this is too subjective. Watercare notes that reliance on TP90 can be problematic as it can be both insufficient and onerous, depending on the circumstances.

Comment [HWebb12]: It is unclear what “subject to natural hazards” means. This standard should only apply in relation to mapped features or clearly defined land. Consequently, Watercare recommends this control is deleted.

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13. The activity must be located at least 50m from: a. an archaeological site as identified by the Historic Places Act 1996; or b. a registered historic place, area or wāhi tapu as defined in the Historic Places Act 1993; or c. a site or area in the Sites of Significance to Mana Whenua overlay; or d. a site or area identified in the Maori Cultural Heritage Alert Layer.

Watercare Feedback: It is unclear if the 50m in development control #13 is measured from the actual heritage item or from the property boundary containing the heritage item? There is uncertainty about the location of and spatial extents of both Sites of Significance to Mana Whenua and Maori Cultural Heritage (refer to section 8 of the AUOG feedback). Watercare considers that development control #13 either needs deletion or a significant redraft to resolve the identified issues. Alternatively, if this development control is to be retained and revised then works:

within or on Archaeological Sites (and sites containing an HPT Registered item or place) are permitted where the necessary HPT Authority has been obtained (and the necessary stand down period has been observed);

within the SSMW or on sites with MCH must relate to sites with adequate spatial definition (refer to section 8 of the AUOG feedback). A level of land disturbance should be provided for on these sites as a permitted activity (as described in the AUOG feedback).

Please see the attached set of “road tested” Watercare examples.

14. If during the activity, kōiwi, archaeology or artefacts of Māori origin are uncovered, the accidental discovery protocol outlined in Part 4.1.16.1.4 of the Unitary Plan will apply.

2.2 Permitted activities - Specific

2.2.1 Land disturbance within the 100-year ARI flood plain 1. Earthworks including filling, must not to result in any permanent reductions of on-site flood storage capacity and must contain within the subject site any changes to depth/duration/velocity of floodwaters for a range of flood events 2. Earthworks including filling, must not change the flood characteristics beyond the boundary of the subject site for a range of flood events in ways that result in any permanent: a. loss of flood storage b. increase in flood depth or frequency c. loss of/changes to flow paths including overland flow paths d. acceleration or retardation of flows; or e. any reduction in flood warning times elsewhere on the flood plain.

2.2.2 Cultivation …

2.2.5 Land disturbance associated with the operation, repair and maintenance of existing network utilities

1. Any land disturbance associated with the operation, repair and maintenance of existing roads, will be undertaken within the formation width of existing roads and abutments. Figure 1: Formation width of roads of flat land

Comment [HWebb13]: That is non-statutory so that is totally inappropriate and must be deleted. Please see AUOG feedback.

Comment [HWebb14]: It is unclear if in fact the Council intends to refer to volumes. However, if depth is the intended metric then this language needs to be consistent throughout the section

Comment [HWebb15]: This term is not defined at Part 5 of the plan nor clear in the following diagrams. Please define at Part 5 or Figure 2.

Comment [HWebb16]: This diagram needs to be modified to be consistent with s315 LGA 1974 definition (i.e. road is amongst other things, boundary to boundary. The current diagram is problematic as the area shown as “road” is in fact only the carriageway—not all infrastructure is located within the carriageway (i.e. individual connections). As a result, the proposed diagram significantly limits the application of the last column in the activity table as it relates to works within road) Key changes are that “road” should be relabelled “carriageway” and an overarching definition of “road” should be extended property boundary to property boundary. Watercare understands that Auckland Transport will be providing feedback on this diagram.

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…

2. Any land disturbance associated with the operation, repair and maintenance of underground utilities will be undertaken either: a. within the formation width of existing roads and abutments; or b. on land previously disturbed or modified for the installation of the utility within the previous 20 years and with a total maximum width of 5m of disturbance associated with the current activity.

…

3. Land disturbed for the operation, repair or maintenance of utilities outside the formation with of existing roads or abutments, or within an overland flow path, will be reinstated to the ground level prior to the works being undertaken as soon as practicable after completion of the works. 4. All disturbed land is to be stabilised as soon as practicable following the completion of the works (or each stage thereof)Land disturbed for the operation, repair or maintenance of utilities will be stabilised by revegetation or other suitable means as soon as practicable after completion of the works to avoid erosion and scouring.

Comment [HWebb17]: This term is not defined.

Comment [HWebb18]: The 20 year reference in relation to utility works pointless as roads are inherently a modified environment therefore works in roads are acceptable as they are being regularly maintained anyway. However, Watercare agrees with the acknowledgement that implied by 2(b) that they are modified environments

Comment [HWebb19]: Delete as the class of activity relating to these provisions does not need to be repeated (where the headings are correct). This should be reflected throughout.

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2.2.6 Forestry …

Watercare Feedback—Generally on Discretion and Assessment Criteria: These comments apply equally to matters of control/restricted discretion and associated assessment criteria—references to specific effects on the receiving environment must logically relate to whether the rule they relate to is a district or regional matter (and if the effects are relevant to the matter that triggered resource consent) e.g. see comments at 3.1.2.2 and 3.2.1.1(k). Watercare recommends that the Council consider this throughout its review of these provisions (once it has classified which rules are regional versus district plan rules).

3. Assessment 3.1 Controlled activities

3.1.1 Matters of control The council will restrictreserves its control to the following matters when assessing controlled activity resource consent applications: 1. Drilling for the abstraction of groundwater including creating drilling pads and associated stormwater management, and rehabilitation of drilling pad sites, but excluding access to drilling pad sites. a. measures proposed to ensure compliance with the New Zealand Standard on Environmental Standard for Drilling of Soil and Rock (NZS 4411:2001). b. the provision for best practice erosion and sediment controls. c. the avoidance of discharges of contaminants associated with the activity, including drilling fluids. d. The storage and management of fuels, oils, lubricants and other potential contaminantes on site.


When assessing an application for a controlled activity consent and determining what, if any, conditions are to be imposed, the council will have regard to the following consider whether the proposal will give effect to the assessment criteria provided below to determine the appropriateness of the proposal and options to avoid, remedy or mitigate potential adverse effects: 1. Whether theThe extent to which measures proposed for the drilling activity will achieve compliance with New Zealand Standard on Environmental Standard for Drilling of Soil and Rock (NZS 4411:2001). 2. Whether The extent to which the proposal includes appropriate erosion and sediment control measures to avoid or adequately minimiseremedy or mitigate any potential adverse effects of sediment discharge on receiving waters and ecology. 3. Whether the proposal will ensure that other The methods by which the discharge of contaminants are not discharged from the site are managed.

Comment [HWebb20]: This is irrelevant as there is only one category of CA in the tables

Comment [HWebb21]: This is an example where the discretion/assessment criteria reference specific effects on the receiving environment—and these must logically relate to whether the rule they relate to whether the rules is a district or regional plan matter (and relevant effects).

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1. General The council will restrict its discretion to the following matters as specified for the relevant activity below: a. Avoiding adverseThe effects of disturbance and sedimentation on water bodies and, public utilities , roads and other property b. The design and suitability of eErosion and sediment control measures to be implemented during the works c. Staging of works and progressive stabilisation d. Timing and duration of works (including staging, as applicable) and the term of the consent sought e. Term of consent f. The control of vehicle movements and access to and from the site g. Avoidance of potential public health and safety, and nuisance effects. h. The treatment of stockpiled materials on the site including requirements to remove material if it is not to be reused on the site i. The management of nuisance effects—including dust, noise, and vibration and construction traffic movements j. Avoiding The management of adverse effects on overland flowpaths, including and flooding k. Avoiding The necessity of the works for or mitigating natural or manmade hazards management l. Protection of or provision of public utility services and roads m. Land stability and geotechnical assessment n. Potential effects on historic heritage o. Potential effects on the mauri of water p. Site stabilisation measures Landscape treatment, screening and site layout and design.

q. Effects on significant land features, public open space/conservation land and roads. 2. Additional matters of discretion for works within overlay areas a. Cumulative effects of sedimentation within the catchment. b. Effects on the integrity and values of the overlay(s)

Potential effects on the water quality of taiāpure or mahinga maataitai, wāhi tapu, taonga and other sites of cultural significance c. Landscape effects d. Avoidance of effects on water quality within water supply catchments.

3. Additional matters of discretion for land disturbance associated with commercial forestry a. Measures to manage discharges of contaminants and or debris from the activity, including discharges of sediment, slash and stormwater. b. Measures to retain sediment on the land and avoid, remedy or mitigate erosion. c. Measures to avoid, remedy or mitigate adverse effects on sites of significance to Mana Whenua, and significant habitats of indigenous flora and fauna, and significant indigenous vegetation, including geothermal vegetation. d. Information and monitoring requirements.

Comment [HWebb22]: This is an example where the discretion/assessment criteria reference specific effects on the receiving environment—and these must logically relate to whether the rule they relate to whether the rules is a district or regional plan matter (and relevant effects). In this case hazard management would not be relevant to a District Plan rule.

Comment [HWebb23]: This matter isn’t mentioned elsewhere and should be deleted. Further, in processing an application the Council can decide if geotechnical information is needed to aid in decision making

Comment [HWebb24]: These are overlay matters and are dealt with by discretion at the specific overlay discretion at 3.2.2.2 below.

Comment [HWebb25]: The remaining criteria deals with all effects related to the values that are integral to the overlay therefore all other criteria can be deleted

Comment [HWebb26]: This wording is consistent with AUOG feedback in relation to other overlays like the Natural Stream Management Area.

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1. General When assessing an application for restricted discretionary activity consent and determining whether to grant consent and what conditions are to be imposed, if any, the council will consider whether the proposal will give effect to the assessment criteria provided below to determine the appropriateness of the proposal and options to avoid, remedy or mitigate potential adverse effects have regard to the following assessment criteria:

a. The proximity of the proposed land disturbing activity to any water body and the extent to which erosion and sediment controls and the proposed construction methodology will adequately avoid or minimise adverse effects on: i. water quality (including acceleration of erosion and alteration of the riparian margins) ii. ecological health iii. stream bank erosion iv. riparian margins v. the mauri of water vi. the quality of taiāpure or mahinga mātaitai

b. The extent to which the land disturbing activity avoids or exacerbates flooding at the site or at any location upstream or downstream of the works.

c. The extent to which the land disturbing activity avoids unnecessary soil compaction,.

d. The extent to which the effects from natural hazards will be avoided or mitigated and the extent or impacts of such effects; the extent to which earthworks affect the stability and erosion potential of the site and surrounding area.

e. The extent to which the land disturbing activity avoids the elevation of activities on raised ground levels, obscuring views from, visually dominating or overshadowing adjacent sites and neighbouring sites.

f. The extent to which nuisance Whether the measures to mitigate potential noise, and dust, traffic and vibration effects are adequately managed nuisance and detraction from visual amenity values of the area have been considered, and the extent or impacts of such effects.

g. Whether theThe extent to which the extent or impacts of adverse effects from the land disturbing activity can be mitigated by limiting the duration, season, or staging (including progressive stabilisation) of such the works.

h. Whether traffic generation will have adverse effects on the amenity values of areas, health and safety of road users or pedestrians, or adverse effects on the carriageways of roads through which it is likely to pass.

i. Whether the land disturbing activityworks and final design levels will adversely affectchange overland flowpaths to the extent that the potential or increase potential volume or frequency of

Comment [HWebb27]: As noted previously the assessment criteria needs to be provided in a way that recognises the different issues dealt with by Regional versus District rules.

Comment [HWebb28]: This is totally inappropriate language and should be deleted from all AC throughout the plan. AC criteria as a mechanism is not given effect to, rather it guides the assessment of a proposal in relation to the Plan provisions

Comment [HWebb29]: V and VI are overlay matters

Comment [HWebb30]: Delete as not directly relevant to the discretion that has been reserved.

Comment [HWebb31]: Visual amenity of LD is generally only relevant for large scale works. Discretion should be restricted to specified scales of work. Consequently assessment criteria should be restricted in its relevance.

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flooding within the site or surrounding adjacent sites is increased.

j. The extent to which potential adverse effects on the sStability of the site and adjoiningacent properties has been provided foris maintained.

k. Whether the land disturbing activityworks and final design levels will adversely affect operation of existing utility services.

l. The extent to which the area of the land disturbing activity is minimised and is consistent with the scale of development being undertaken.

m. The extent to which land disturbing activity, its design, location and execution are proximate to and provide for Whether the works provide for the adequate maintenance, reasonable access to and—where appropriate— protection of: i. protected trees ii. cliff faces/cliff tops iii. sites of geological or archaeological significance iv. sites of significance to Mana Whenua (refer to clause 4.1.16.1.1) v. historic heritage sites vi. significant landscape features vii. ReservesPublic Open Space and conservation land

viii. .Roads (and the existing utilities within the corridor).

n. The extent to which the land disturbing activity is necessary to accommodate development otherwise permitted by the Unitary Plan, Significant Infrastructure or to facilitate the appropriate use of land in the open space environment, including development proposed in a relevant operative reserve management plan or parks management plan.

o. Whether monitoring the volume and concentration of sediment that may be discharged by the activity is appropriate within given the scale of the proposed activity.

p. The necessity for works to be carried out in the proposed location. 2. Additional assessment criteria for works within overlay areas

1. Works in an SEA, Natural Lake Management Area, Natural Stream Management Area, Water Supply Management Area, Urban Lake Management Area, Urban River and Stream Management Area or Wetland Management Area:

a. Whether the works proposed in a SEA, natural lake management area, natural stream management area, water supply management area, urban lake management area, urban river and stream management area, or wetland management areain these overlays are donecarried out to minimise adverse effects on the integrity and values of the overlay. Including so they have no adverse effect, or minimum adverse effect, on the ecology and wildlife of the area and in particularthe following, where relevant: i. nesting, feeding and breeding of threatened or protected species, both terrestrial and aquatic ii. biological processes

Comment [HWebb32]: Just duplicates what is part and parcel of the wider considerations elsewhere

Comment [HWebb33]: These are overlay matters and are addressed at 3.2.2.2 below.

Comment [HWebb34]: Note: If Watercare’s feedback is not granted then this this must be defined.

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iii. connections between ecosystems iv. the diversity of species v. the habitat of threatened or protected species, both terrestrial and aquatic vi. cumulative effects.

2. Works on Sites in the Water Supply Management Area:

ba. The extent to which How potential effects on water quality within water supply catchments will beare avoided. bc. The degree to which the Whether the works will result in a cumulative effects of sedimentation effects within the water supply catchment (including cumulative effects). d. Potential effects on cultural heritage and matters of significance to Mana Whenua. e. Landscape treatment, screening and site layout.

c. The maintenance of long-term site stabilisation within the water supply catchment.

3. Works on Sites of Significance to Mana Whenua:

a. The methods by which the proposal seeks to avoid or minimise adverse effects on the integrity

and values of the Site of Significance (including but not limited to the adoption of accidental

discovery protocols)

b Whether the proposed site demonstrates the consideration of alternatives leading to the

avoidance of Sites of Significance (or part thereof) with greater sensitivity (or susceptibility to

damage or loss).

C. Part 5 - Definitions

Watercare Feedback: It is unclear if the land disturbance definition relates to just surface land disturbance or whether it includes tunnelling and trenching. Please clarify.

Note: please refer to comments related to trenching and the possible gap in the Land Disturbance provisions in the Watercare table feedback at 4.4.6.1.

Land disturbance activities Disturbance of soil, earth or substrate land surfaces. Includes: • blading • contouring • cutting • earthworks • excavation • filling • ripping • moving • placing

Comment [HWebb35]: Dealt with by 3

Comment [HWebb36]: Landscaping per se isn’t relevant, though site stabilisation is

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• removing • replacing.

Watercare “road testing” of the draft Land Disturbance controls:

Issue: 4.2.3.9 Land Disturbance Controls – permitted activity control #13b. “The activity must be located at least 50m from a registered historic place, area or wāhi tapu as

defined in the Historic Places Act 1993”

*Note: for the purposes of this feedback, we have set aside all other rules/ controls/ overlays and overlays to highlight solely the impracticality of control #13

Project Brief Description Commentary

Glen Eden Branch sewer

Replacement of a pipe bridge (involving land disturbance).

This project involves land disturbance within 50 metres of the boundary of a scheduled heritage place. The scheduled place contains an HPT listed item (brick arch, see image to the right) which is located approximately 90m from the area land disturbance on the eastern side of Central Park Drive (see image below). In this locality the heritage place is located at a higher elevation and is separated from the works site by Central Park Drive (a built feature that has already highly modified the environs surrounding this heritage place). Despite generating no adverse effects on the scheduled heritage place, these land disturbing works would require resource consent under the draft unitary plan provisions (failure of development control 13). This example illustrates how this arbitrary control can result in unnecessary resource consent applications.

Issue: 4.2.3.9 Land Disturbance – permitted activity control # 5 - “The works must not occur within 1 metre of the site boundary.”

*Note: for the purposes of this feedback, we have set aside all other rules/ controls/ overlays to highlight the problems with this control.

Project Brief Description Commentary Image

Franklin – underground reservoir

This project involves demolishing a wooden aboveground reservoir and constructing an underground reservoir on an adjacent site.

It is impractical to limit land disturbance within 1m of the boundary (and therefore position the replacement underground reservoir at least 1 metre from each site boundary). In this particular case, this is particularly impractical when one of the adjacent sites is open space which was previously used for the same activity (water reservoir). Notably, if the draft plan provisions enabled works within 1m of the boundaries, they would be facilitating a replacement underground reservoir that has significantly less effects on visual amenity and streetscape amenity than the existing environment. To be able to achieve the same volume of water storage onsite and comply with this control, would actually necessitate deeper excavations, which, albeit still acceptable (albeit more costly), has an increased prospect of instability (presumably the primary effect that this rule set is seeking to address).

Mairangi Bay rising wastewater main –

Portion of underground wastewater pipe traversing a reserve

In this project the pipe follows the perimeter of the park to avoid the sports fields. Council Parks Officers generally prefer pipe routes (and therefore the associated land disturbance) around the perimeter of a park closer to property boundaries – accordingly this control would result a significant increase in non-compliances for Watercare’s routine works. This is particularly important for wastewater pipes, which are gravity fed therefore topography dictates location of infrastructure.

New Watermain

Construction of 17km of new watermain within the road reserve (by staged trenching).

This 17km of pipeline was a permitted activity under the Legacy Franklin Plan (infrastructure) and ARC Sediment Control Plan. The majority of this pipe would come within 1metre of adjacent property boundaries, and it becomes unclear whether this would trigger the control* NB: This project is equally able to demonstrate that staging of earthworks is a construction reality (particularly for linear networks such as water and wastewater). Accordingly, the land disturbance rules and development controls must equally be applied to projects on the basis of staging. Watercare strongly recommends that the Council adopt this pragmatic approach.

Photo N/A

*Note: Even though a road does not meet the RMA definition of a “site”, these works are often still located within 1m of the adjacent properties that do meet the definition

of “site”. This control of significance to Watercare (and other utility operators) where most our pipework are located in the road corridor. Therefore while connections to

public water and wastewater public networks are a permitted activity under activity table 4.2.1.1, it would appear that even extremely minor land disturbance to install

pipes within 1 metre of the property boundary would fail this development control. Consequently, Watercare strongly recommends this control is deleted.

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ISSUE PAPER 9: REVERSE SENSITIVITY Importance of this Issue to Watercare

1. Watercare is proposing amendments to the objectives and policies in the draft Unitary Plan address issues of reverse sensitivity on land where there is the potential to restrict the ability of Watercare to carry out normal wastewater network operations.

2. Specifically Watercare’s concern is that reverse sensitivity is inconsistently applied in the Plan, in particular at the regional and district policy level. These policies should provide guidance at the early stage of land development so that activities that are sensitive to infrastructure emissions are not located in close proximity to existing or planned network infrastructure or other heavy industrial processes.

3. Watercare’s issue is compounded by the location of many of its facilities, for example 18 wastewater treatment plants and hundreds of wastewater pump stations, in residential, open space, rural and light industrial zones. These facilities will, on occasion, emit low levels of odour and, although within consent limits, they may still be perceived by a local community to be offensive or objectionable. The locations of these facilities is fixed, and as the region intensifies over a wider urban area it is important that their location is buffered to ensure incompatible land uses are not permitted to be located too close.


4. The following provisions set out the suite of relevant reverse sensitivity objectives and policies in the Plan and recommend additional provisions which are marked with an underline. Note that no rules have been suggested.

Part 2 – Regional Policy Statement

5. 2.3 Enabling economic well-being 2.3.2 Infrastructure and energy Objectives 6. Auckland’s significant infrastructure is protected from reverse sensitivity effects. Policies - Reverse sensitivity 8. Require subdivision, land use and development to not occur in a location or form that constrains the use, operation, maintenance and upgrading of existing and planned significant infrastructure. 9. Require sensitive activities to be located and/or designed to avoid, remedy or mitigate the potential adverse effects arising from the use and operation of significant infrastructure.

6. 2.6 Sustainably managing our natural resources

2.6.1 Air - Policies

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1. Manage discharges to air and the use and development of land to: c. minimise reverse sensitivity conflicts by avoiding or mitigating land use conflict between air discharges and activities that are sensitive to air discharges

Part 3 – Regional and district objectives and policies

7. 3.1.1 Infrastructure

Policies - Provision of infrastructure 2. Prevent inappropriate subdivision, use and development which may compromise, the efficient, affordable, secure and reliable operation and capacity of existing significant infrastructure and associated networks.

8. 3.1.3 Natural Resources

3.1.3.2 Air Quality Objectives 5. Incompatible land uses and activities are separated and reverse sensitivity conflicts are avoided.

Policies

Reverse sensitivity and separation distances 5. Maintain adequate separation distances between activities with air discharges and those sensitive to air discharges by: a. encouraging heavy industry that requires an air discharge consent to locate in Heavy Industry zones with a separation of at least 500m to zones providing for activities sensitive to air discharges b. not allowing new activities including heavy industry that require air discharge consents to locate in zones providing for activities sensitive to air discharges c. not allowing activities including heavy industry that require air discharge consents to locate in Air Quality Industry Transition overlay, or Light Industry zones, unless it can be shown that adverse effects on activities sensitive to air discharges can be avoided, remedied or mitigated d. preventing zones providing for activities sensitive to air discharges from locating within 500m of a Heavy Industry zone e. encouraging activities with difficulty in maintaining an acceptable standard of air quality to consider relocating to achieve appropriate separation distances from sensitive activities.

9. 3.1.4 Subdivision Policies All subdivision 11. Recognise and avoid the potential during subdivision design for reverse sensitivity effects created by development locating close to infrastructure networks, including wastewater.

3.2 Zone objectives and policies

3.2.1 Residential zones

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3.2.1.1 General objectives and policies for the residential zones

Objectives 5. Reverse sensitivity effects are avoided at the time of development occurring. Policies 6. Ensure that development in the residential zones is sited and located to avoid reverse sensitivity effects on the operation, maintenance and upgrading of existing or planned infrastructure.

10. 3.2.3 Business zones 3.2.3.10 Light Industry zone

Objectives 2. The establishment of activities that may diminish the efficiency and functionality of the zone is avoided, including those which may create reverse sensitivity effects. Policies 2. Avoid activities that create reverse sensitivity effects and constrain the establishment and operation of light industrial activities. 3.2.3.11 Heavy Industry zone Objectives 2. The availability of Heavy Industry zoned land and activities, which are required to locate there because of the nature of their operation, are protected from the encroachment of: a. sensitive activities such as residential, community, education or medical facilities b. commercial activities that are more suited to other business zones. Policies

1. Enable heavy industrial activities to operate with a level of certainty that their operations will not be unreasonably constrained by other activities.

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ISSUE PAPER 10: BIOSOLIDS


1. Watercare generates biosolids as a by-product of wastewater treatment process. Currently, the biosolids generated at Watercare’s wastewater treatment plants are disposed of in landfills and in the case of Mangere Wastewater Treatment Plan at a sludge monofill.

2. Biosolids are nutrient rich by-products which when treated to a standard suitable can be used as a soil replacement, fertiliser or a fill material. They are a valuable resource that can and should be utilised for beneficial outcomes wherever possible, rather than being treated simply as a waste product (ie in the same way as sewage sludge). This approach is strongly supported by legislation and national policy, including the Waste Minimisation Act 2008, the New Zealand Waste Strategy 2002 and the Guidelines for the Safe Application of Biosolids to Land in New Zealand (2003).

3. The characteristics of biosolids, particularly those from catchments with industrial discharges, have changed substantially over the last twenty years, primarily as a result of regulatory controls, including more effective trade waste controls and more stringent controls on wastewater treatment plant effluent (treated wastewater) discharges. Changes have necessitated different solids management approaches at Watercare's treatment plants and different approaches for managing biosolids. In brief, Watercare cannot prevent biosolids from being generated.

4. Production of biosolids is set to increase in the future in response to the projected increase in Auckland's population. As technology advances, the amount of biosolids produced is likely to continue to rise. It is therefore crucial that options are available to Watercare to ensure that those biosolids can be managed in a sustainable manner, as the appropriate reuse of biosolids will be an important part of Auckland's waste management strategy moving forward.


5. Watercare has proposed a number of changes to the draft Unitary Plan provisions to address the following three key concerns (as well as a number of consequential changes).

Beneficial use

6. The Unitary Plan is intended to include planning for positive future outcomes, rather than solely focussing on the management of adverse effects. However, as drafted, the provisions focus solely on addressing the adverse effects which may arise from the application of biosolids to land, and fail to include appropriate recognition of the beneficial outcomes which can also result from the reuse of biosolids (including economic benefits, waste minimisation and land rehabilitation).

7. This approach does not recognise the legislative and national policy direction to minimise waste where possible, as provided by the Waste Minimisation Act 2008, the New Zealand Waste Strategy 2002 and the Guidelines for the Safe Application of Biosolids to Land in New Zealand (2003).

8. In order to plan positively for the future use and management of biosolids, Watercare has proposed a number of changes to part 3.1.3.3 - Background and to Objective 1.

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Puketutu Island

9. The provisions as drafted establish a policy and rule framework which discourages the placement of biosolids at any Site of Significance to Mana Whenua.

10. Watercare has a long-term consenting strategy in place at Puketutu Island, which was very recently settled with the Council by consent and approved by the Environment Court. Watercare's current consent provides for the previously quarried area of the Puketutu Island to be rehabilitated with clean fill and treated biosolids from the adjacent Mangere Wastewater Treatment Plant. Ultimately the Island will be released to the public as a new regional park, although the freehold ownership of the Island is held by and will remain with particular iwi.

11. Watercare is concerned that the draft Unitary Plan identifies Puketutu Island, in its entirety, as a Site of Significance to Mana Whenua. The identification of the entire Island in this way will create an onerous framework for any future consent application involving the application of biosolids on the Island (ie until the available capacity is exhausted). In that respect the provisions as drafted ignore the agreement reached with Council and particular iwi which enabled consent to be obtained to place biosolids on the Island and could have significant implications for Watercare's long term biosolids management strategy.

12. Watercare has proposed a specific exemption for Puketutu Island to Policy 1(c), Permitted Activity standard 5 and Assessment Criteria 1(b)iii to address this concern.

End use of land

13. The draft provisions seek to limit the application of biosolids in some cases with reference to potential options for the end use of land or the potential future use of land for urban development. As drafted, those provisions would effectively restrict the application of biosolids to land outside the RUB, as all land within the RUB could potentially at some point be zoned for residential activity.

14. Watercare does not always have control over the final end use of land on which biosolids are applied, nor is it always evident what that future use will be. The beneficial use of biosolids should not be constrained in the Plan simply out of speculation. If the Council wishes to impose some constraints on residential activity on land on which biosolids have been placed, then that restriction would more appropriately be located in the residential zone provisions.

15. Watercare has proposed changes to part 3.1.3.3 - Background, Objective 2, and the deletion of Policy 1(h), to address this concern.


16. The remainder of the revisions are sought for consistency throughout the document, or are minor changes proposed for clarity, or are deletions to avoid repetition.


17. A tracked changed version of the draft biosolids provisions, which reflects the issues discussed above, is attached.

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Issue Paper 10: Biosolids



3.1.3.3 Biosolids

Background

Biosolids are sewage sludges or sewage sludges mixed with other materials that have been treated

and stabilised to the extent that they are able to be safely and beneficially applied to land subject to

appropriate land use controls. Biosolids have significant fertilising and soil conditioning properties as

a result of the nutrients and organic materials they contain. In addition to natural nutrients, biosolids

may also contain pathogens, heavy metals and synthetic organic compounds. They therefore require

appropriate management to minimise the risk to public health and the contamination of both land,

surface and groundwater and the coastal marine area.

The In the past biosolids from many wastewater treatment plants are were disposed of into landfills.

This , which involvesd transport costs and as well as filling upuses air space in the landfills, which are

themselves a scarce resource. More sophisticated wastewater treatment plants have enabled the

production of more highly treated biosolids and more flexibility in their disposal to land. National

guidelines provide direction on the grading of biosolids, according to their levels of contamination and

stability. This grading system forms the technical basis for how the application of biosolids are

managed by this plan.

The application of biosolids to land can result in a number of beneficial outcomes, including

economic benefits, waste minimisation and land rehabilitation, which are expressly recongised in this

part of the Plan.

The application of biosolids to land also hasmay also have effects on the environment and in

particular water quality, public health, and amenity values. local amenity values, particularly those

associated with the use of heavy vehicles to transport material to or from the site and the options for

the end use of the land.

Comment [IGotelli1]: This section should focus on the benefits of biosolids not just the management of adverse effects. A key aspect of the Unitary Plan provisions will be planning for positive outcomes, not just effects management

Comment [IGotelli2]: Inappropriate to focus on transport issue as the same issue apply for transport to landfills.

http://plan.aklc.govt.nz/pages/document/EditRight.aspx?hid=27209&t=3.1.3.3%20Biosolids











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Objective

1. The beneficial use of biosolids onto or into land is provided for.

2. Biosolids are applied to land without having significant adverse effects on the environment and in

particular water quality, public health, amenity values and the potential future use of the land for

urban development.

Policies

1. Allow the application of biosolids on or in land where it can be demonstrated that:

a. it will not result in significant adverse effects on surface and groundwater quality

b. it does not pose a threat to public health in terms of concentrations of nutrients, heavy

metals, pathogens and synthetic organic chemicals

c. it does not adversely affect any identified Sites of Significance to Mana Whenua wāhi tapu

site (as shown in Appendix 4.1) except Puketutu Island (the entire island is scheduled as a site of

significance).

d. it does not result in more than minor adverse effects to a Wwater Ssupply Mmanagement

Aarea

e. there is no offensive or objectionable odour or dust beyond the boundary of the property

on which the biosolids are applied

f. the transport of biosolids to and from the site does not have significant adverse effects on

land along the transport route

g. the amenity values of neighbouring properties are maintained

h. the end use of any land where biosolids are to be deposited is appropriate to the zone in

which it is located.

Comment [IGotelli3]: This would effectively limit the use all biosolids within the RUB which may at some point be zoned for residential activity. It is not possible to know the future use of land at this stage and other activities should not be constrained due to speculation.

Comment [IGotelli4]: We presume that “wahi tapu” sites is meant to refer to Sites of Significance to Manu Whenua as set out in Appendix 4.1. If not, the use of this term is too general.

Comment [IGotelli5]: Watercare requires an exception for the current activities on Puketutu Island. This is currently consented but nevertheless must be provided for in the Plan.

Comment [IGotelli6]: Watercare opposes this policy. It is unclear what this policy is intended to achieve and this type of policy is not seen elsewhere, for example in relation to landfill type activities.

Comment [IGotelli7]: The main amenity issue associated with biosolids is odour and this is already covered in (e).

Comment [IGotelli8]: This policy appears to be directed at controlling the final use of land to which biosolids have been applied, rather than the application activity itself. It is not always evident what the future use of land will be (similar to cleanfills and landfills where the end use is not known at the outset). If the Council wishes to see, for example, a particular prohibition on residential activity on land on which biosolids have been placed, then that policy would be better located in the residential zone provisions.





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B. Part 4 - Rules

4.2.4.3 Biosolids

Introduction

The following rules, controls and assessment criteria apply to the discharge/disposal of

biosolids onto or into land.

The rules should be read in conjunction with the specific definitions and the relevant

guidelinesand the Guidelines for the Safe Application of Biosolids to Land in New Zealand

(August, 2003).

1. Activity table

The following table specifies the activity status for the application and use of biosolids and regulate

the discharge of contaminants to land and water from this activity.

Activity All zones

The application onto or into land of Grade Aa

biosolids

P

The application onto or into land of Grade Aa

biosolids not meeting the permitted activity

controls

RD

The application onto or into land of Grade Ab, Ba

and Bb biosolids

RD

The application onto or into land of Grade Aa, Ab

Ba and Bb biosolids not meeting the restricted

discretionary activity controls

D

Any application of biosolids which is not

otherwise listed

D

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The direct discharge of biosolids to water Pr

2. Controls

All activities must comply with all general controls for permitted activity and the specific controls for

the related activity. Where this does not happen, resource consent as a discretionary activity is

required, unless otherwise specified.

2.1 Permitted activities

1. There is no direct application to any surface water body or runoff into any surface

water body or to the coastal marine area.

2 The Aa Grade biosolids, after blending with other matter, meet the requirements

including the soil limit concentrations in tables 4.1 and 4.2 of the Guidelines for the

Safe Application of Biosolids to Land in New Zealand, August 2003.

3. The application is not to a Wwater Ssupply Mmanagement Aarea(s) or Nnatural

Sstream Mmanagement Aarea.

4. The biosolids are stored and handled to avoid groundwater or surface water

contamination.

5. The biosolids application does not occur at any identified Site of Significance to Mana

Whenua wāhi tapu site. except Puketutu Island.

6. The application must provide for buffer zones between the application area and

neighbouring land uses or sensitive environments as follows:

a. 20m from any property boundary

b. 20m from any surface water body and the coastal marine area

c. 20m from any water supply bore

d. 20m from a significant geothermal feature.

7. The application must not result in any offensive or objectionable odour or dust beyond

the property boundary on which the biosolids are applied.

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8. The applier must keep the following records and make these records available to

council upon request:

a. the application volume, location and frequency

b. the total nitrogen mass-load applied application rate per hectare per annum.


1. In addition to the permitted activity controls, the application onto or into land of Grade Ab,

Ba and Bb biosolids must also comply with the additional following controls:

a. The application is not to land used directly for residential activities.

b. The biosolids must be stored and handled to avoid groundwater or surface water

contamination.

c. Resource consent applications for the application onto land of Grade Aa biosolids not

meeting the permitted activity controls must include specific information addressing

the potential effects of not meeting the permitted activity controls, and how any such

effects will be avoided or mitigated.

3 Assessment



When assessing a resource consent application for restricted discretionary activity, council will

restrict its discretion to the following:

1. The rate and frequency of application to control nutrient and contaminant loading

rates.

2. The type of blending material.

Comment [IGotelli9]: This is already part of the permitted activity controls so does not need to be repeated.

Comment [IGotelli10]: This is an assessment criteria not a control and therefore is in the wrong place.

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3. Risk to the environment - land, air and surface and ground water resources - or to

human or stock health in terms of concentrations of nutrients, heavy metals,

pathogens and synthetic organic chemicals.

4. The effects of odour and dust beyond the application site boundary.

5. Contingency measures in the event of mechanical failure or prolonged wet weather.

6. Monitoring and information requirements.

7. Duration of consent.

8. Review of consent conditions.

9. Compliance monitoring.


1. How the proposed application of bioslloids biosolids demonstrates that:

a. It will not result in significant adverse effects on surface and groundwater quality and does

not pose a threat to public health in terms of concentrations of nutrients, heavy metals,

pathogens and synthetic organic chemicals.

b. It does not adversely affect:

i. an archaeological site as defined by the Historic Places Act (1993); or

ii. a registered historic place, area or waahi tapu as defined in the Historic Places Act (1993);

iii. a site or area identified in as a the Sites of Significance to Mana Whenua (except in the

case of Puketutu Island) Overlay; or

c. It does not result in more than minor adverse effects to a Water Supply Management Area,

Wetland Management Area, Natural Stream Management Area, Natural Lake Management

Area, High Use Stream or Aquifer Management Area.

d. There is no offensive or objectionable odour or dust beyond the boundary of the property

on which the biosolids are applied.

2. Resource consent applications for the How any application onto land of Grade Aa biosolids

not meeting the permitted activity controls must include specific information addressingaddresses the

Comment [IGotelli11]: This is unnecessary to state as Council can impose any conditions relevant to matters of discretion and s128 also provides the ability for future review.

Comment [IGotelli12]: These need to reference the specific overlays.

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potential effects of not meeting the permitted activity controls, and how any such effects of not

meeting the permitted activity controls will be avoided or mitigated.

Biosolids Definition

Biosolid Sewage Ssludges or sewage sludges mixed with other materials that hasve

been treated and/or stabilisedstabilized to the extent that it can be so they

can be safely and beneficially applied to land.

Sewage Sludge Unstabilised material generated by the treatment of wastewaterSolid waste

material generated by the process of human sewage that is untreated

Wastewater Liquid (, and liquids containing solids), waste from which is waste from

domestic, industrial, commercial premises including (but not limited to) toilet

wastes, sullage, trade wastes and gross solids.

Includes:

gross solids

sullage (greywter)

toilet wastes

trade wastes.

Comment [IGotelli13]: Moved what was 2.2(c) to here as it is better as assessment criteria. But Watercare questions whether it is really necessary to state this as that is what has to be done in a consent application anyway.

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ISSUE PAPER 11: MANA WHENUA


1. Mana Whenua has Kaitiaki responsibilities for Maori cultural heritage. This cultural heritage includes various physical, social and spiritual elements, which have been established throughout Tamaki Makaurau over many generations.

2. Watercare is responsible for the construction and operation of Auckland’s water and wastewater networks. This critical infrastructure is widely distributed throughout Auckland. Without it, Auckland as we know it today would not exist. The water network includes 21 water treatment plants, 8,825 kilometres of water pipes and 84 reservoirs. The wastewater network includes 20 treatment plants and 7,673 kilometres of sewers.

3. Given the extent of Maori cultural heritage and Watercare’s networks, it is not surprising that the interests of those responsible for the above matters comes into conflict from time to time. With the aim of managing potential conflict, Mana Whenua and Watercare have established a Mana Whenua Kaitiaki Forum along with a Kaitiaki Managers Group. A relationship Agreement between the Forum and Watercare includes the following overarching principles:

(a) Relationship Building—Building understanding and enhancing the inter-relationship between the Mana Whenua and Watercare

(b) Integrity—Ensuring cultural integrity and respect

(c) Opportunities—Identifying opportunities of mutual interest and benefit

(d) Best Practice—Advising on best practice for meeting the Mana Whenua Kaitiaki Forum’s cultural, environmental, social and economic responsibilities

(e) Efficiency—Establishing efficient, collective processes for building the relationship and engagement

(f) Water as a taonga.

4. With the above principles in mind Watercare is supportive of much of the content in the Unitary Plan that relates to Mana Whenua and Maori. There are, however, some important issues that we wish to comment on so as to achieve a plan that from our perspective:

(a) Provides certainty as to the effect of the plans provisions on our operation and development

(b) Meets the statutory requirements of the Resource Management Act and other relevant legislation

(c) Enables Watercare to meet its statutory obligations, which includes conducting its operations efficiently with a view to keeping the overall costs of water supply and wastewater services to its customers (collectively) at the minimum levels consistent with the effective conduct of its undertakings and the maintenance of the long-term integrity of its assets, and

(d) Applies sound statutory planning principles and practices

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5. We have included analysis and recommendations relating to Mana Whenau and Maori provisions in the accompanying feedback tables (parts 3 of the Watercare feedback). The following narrative provides an overview of the key matters and changes sought. These could be introduced through various methods including reference in the policies to proposed initiatives such as collaborative processes between Mana Whenua, Council and applicants to improve certainty and efficiency.

Maori cultural heritage

6. The background section to this part of the draft plan states that there are thousands of areas, features and sites within Auckland where there is a high likelihood of Maori cultural heritage being discovered or affected. The benefits of providing knowledge of where Maori cultural heritage may exist is acknowledged and reference made to an alert layer. The purpose of this alert layer is as an early warning as to when to engage with Mana Whenua or prepare a cultural impact report. The background section concludes with a statement that further work will be undertaken with Mana Whenua to formally review and consider the most appropriate methods to protect areas, features and site.

7. The next section introduces the concept of Maori cultural landscapes and defines these as characterised by understanding Mana Whenua narratives and cultural memory. Maori cultural landscapes are to be identified in the Maori cultural heritage alert layer as guidance. This approach is supported as it meets the tests of certainty and process efficiency.

8. The section on Maori cultural landscapes concludes with a reference to Maori cultural heritage controls in Part 4 – Rules. The Rules relate to unscheduled areas, features and sites and includes a substantial list of circumstances when engagement with Mana Whenua “is required”. At a general level this list is helpful in that it provides some guidance as to the matters that Mana Whenua is interested in. However the list is so broad as to be not very useful to an applicant seeking certainty and process efficiency. The situation is compounded by the fact that there are 19 Iwi Authorities throughout Auckland that represent Mana Whenua interests. Many of these Iwi have overlapping areas of interest.

9. Watercare recommends the following provisions and processes be referred to and included in the Unitary Plan:

(a) Refer to the benefits of establishing an efficient method to assist applicants identify who they should engage with.

(b) Refer to the need for guidelines on the preparation of cultural impact assessments. Applicants will benefit from understanding whether there is the potential for a single CIA, which represents the collective interests of various Mana Whenua of that area or whether the assumption is that each Iwi will prepare a separate report.

(c) The draft plan requires a CIA be prepared for resource consent applications or notices of requirement that relate to Maori values or interests. It is noted that the term Maori rather than Mana Whenua has been used in the CIA Rule requirement. The requirement raises several questions.

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(i) Given the broad list of what constitutes Mana Whenua values and interests how will an applicant know with any certainty whether a CIA is required or not? Are there any expectations that guidelines on this will be prepared and by whom?

(ii) It is clear that much of the information to be included in CIAs can only be provided by Mana Whenua. It is generally understood that many Iwi Authorities are under great pressure to meet the demands on their time. Provisions need to be established to cover timelines for Mana Wheua contributions to the process so as not to unduly delay applicant’s programmes.

(iii) Many applications that require resource consent are for minor works and include controlled activities. In view of the requirement that all applications that may concern Maori values and interests will require a CIA there should be some criteria provided for determining exceptions other than obtaining written confirmation from Mana Whenua, which in itself can be a complex process.

(d) Most of the construction work carried out by Watercare is aimed at improving the networks not only by way of better service to the 425,000 properties throughout Auckland but also improving the effects of the networks on the environment. Recognition of this should be included in the planning provisions of the Unitary Plan that reflect positively the major role significant public infrastructure plays in achieving the vision of the Auckland Plan.

Duty to consult

10. It is accepted that responsible applicants will consult regularly with Mana Whenua. However under section 36A there is no duty on an applicant or a consent authority to consult regarding a resource consent or notice of requirement. The provisions in the draft plan should be amended to encourage best practice for consultation but stop short of making this a requirement.


11. Watercare provides additional commentary on these matters in the feedback tables at Part 3 of our feedback.

12. Watercare also refers Council to the relevant feedback and changes in the Auckland Utility Operator’s Group feedback (particularly section 8 and Appendix 5).

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ISSUE PAPER 12: MAJOR FACILITIES ZONES


1. Watercare has assessed the underlying zones and overlays affecting 38 major facilities. This includes water treatment plants, wastewater treatment plants and dams. Generally these facilities are located either on land that is owned by Watercare or by Auckland Council. Although the majority of these facilities are subject to designations, it is imperative that the sites on which these assets are located are appropriately zoned and classified in relation to other plan controls such as overlays, precincts and designations.

2. Watercare will undertake a comprehensive review of our designations in June. During that review we will assess the zoning and overlays of all other significant structures (including reservoirs and pump stations). We will provide further input on zoning at that time.


Mangere Wastewater Treatment Plant

3. The underlying zone of the Mangere Wastewater Treatment Plant in the draft Unitary Plan is Public Open Space - Informal Recreation in the draft Plan. This zoning does not reflect the on-going and long term use of the majority of the site.

4. Irrespective of the overlying designations on the plant and surrounding odour buffer area, Watercare considers that both the proposed underlying zoning is inappropriate for this WWTP. These areas are crucial for the efficient operation of Watercare's regional infrastructure and, with the exception of the coastal foreshore walkway, are not areas that are presently used for any type of recreational activity.

5. Rather, Watercare suggests two areas (land covering and directly south of the WWTP, and the land between the treatment plant and Puketutu Island) be zoned Heavy Industry (Refer to supporting documentation – Map 1).

6. Watercare also requests the removal of some sensitive activities from the adjoining Mangere Gateway to the south of Ascot Road to align with what was achieved by Plan Change 14 to the Manukau District Plan. Any future use/zoning of the nearby Light Industry zone must recognize the characteristics of Watercare's operations to avoid reverse sensitivity effects on the Mangere Wastewater Treatment Plant. A buffer area of 500m south of Ascot Road is required where odour sensitive activities such as cafes and day-care centres etc. are excluded.

Puketutu Island

7. Watercare does not consider that the proposed zoning of Puketutu Island in the draft Plan appropriately reflects the existing and future situation on the Island. In the draft Unitary Plan the Island is zoned in part Special Purpose – Quarry (inner part) and in part Countryside Living (periphery). In addition, a heritage overlay identifies the entire Island as a Site of Significance to Mana Whenua.

8. The Special Purpose - Quarry zone is no longer appropriate given that the quarry has now been decommissioned. Watercare is undergoing the progressive rehabilitation of the previously quarried area of Puketutu Island with biosolids and cleanfil. The rehabilitation programme will take at least 35 years to complete and the urban zoning should reflect that timeframe as it is well beyond the term of the draft Unitary Plan.

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9. Until the former quarry site is fully rehabilitated, Watercare recommends a Special Purpose – Quarry Rehabilitation Zone is more appropriate. Should this be accepted, Watercare is happy to work with Council and the Island Trust to draft additional objectives, policies and rules to support this new zone.

10. Watercare has agreed with a recently established Island Trust that 1.2824ha of land will be put aside in the north eastern area of the island for the establishment of a marae. Watercare considers that approximately 1.3ha of the land that falls within the Countryside Living zone should be identified as a Marae Precinct.

11. The Countryside Living zone (which covers the periphery of Puketutu Island) allows dwellings, home occupations and care centres for up to 10 people as a permitted activity. This proposed zoning is completely inappropriate for the Island. It is not realistic to indicate in the Unitary Plan that the Island will ever be used for residential activity, as the Vision for Puketutu Island (an agreement between Council, Watercare and iwi in respect of the future use of the Island) is very different to that outcome. The Vision document agreed between Iwi, Watercare and Council Parks is for the Island to be used as Public Open Space. Watercare suggests that the land be zoned Public Open Space – Informal Recreation, and is happy to work with the Council and the Island Trust to draft additional objectives, policies and rules, if required, to support a more appropriate zone for this land. Water Supply Management Area Overlays (WSMA)

12. Watercare’s dams and surrounding catchments are covered by the Water Supply Management Area Overlays. The policy framework sits within the Natural Environment Overlays in 3.3.7.8. The overlay description for this area refers the Plan reader to the Auckland-wide natural resource rules at 4.2.3.8, rather than the overlay rules. This is an awkward location for overlay rules (outside the overlay rule set).

13. The draft rule structure for the WSMA results in confusion, as Activity Table in 4.2.3.8 has no heading for “Water Supply Management Areas”, only “Wetland Management Areas”. If the intention is that the Wetland Management Areas (third column) is intended for Water Supply Management areas then the scope and classification of listed activities is inappropriate (ie stock grazing as a permitted activity).

14. Consequently, Watercare seeks clarification on the following:

(a) Which rule set applies to the Water Supply Management Area

(b) Confirmation that these are in fact regional rules

15. Options to resolve the above confusion could include:

(a) Delete the WSMA rules altogether, rather relying on other mechanisms to control effects on the Water Supply Management Areas such as Watercare’s designations to control third party activities and structures, or landowner control as the subject land is largely owned by the Council or Watercare.)

(b) An additional column to be inserted in Activity Table 1 which relates solely to Water Supply Management Areas (If it is the intention for these rules to sit within 4.2.3.8).

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16. A table/matrix is attached which shows some of the 38 facilities where associated changes are required to either the underlying or adjacent zoning.

17. A revised zoning map is attached which shows Watercare’s suggested changes to the draft Unitary Plan zoning of the land at Puketutu Island and around the Mangere Wastewater Treatment Plant.

18. Puketutu Island Rehabilitation Plans & Marae Precinct, taken from Vision document.

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Issue Paper 12: Major Facilities Zones

Supporting Documentation 1—Matrix Table

Asset Underlying Zoning Relevant Zoning or Plan Provision

Suggested Change Justification

Water Treatment (WTP 1 Bombay WTP

Barber Road, Bombay

Rural Production This facility is affected by the Electricity Transmission corridor overlay and Transpower designation

Ensure Watercare can continue to operate without having to seek additional approvals

2 Helensville WTP 3 Audrey Luckens Lane Lot 3 DP 115251 (0.4851HA)

Single House Pre 1944 Demolition Control

Remove Pre 1944 Demolition Control from this site.

As this is a water treatment facility it is inappropriate to have this blanket control extend over part of the property. If the facility needs to be decommissioned/ demolished it must be done regardless of the age of the building

3 Huia WTP Woodlands Park Road, Titirangi

Public Open Space - Conservation

Historic Heritage Place extent

Heritage rules should remain a district layer, refer to AUOG

It is critical that the heritage place extent does not limit Watercare's functions under the designation. If Watercare needs to upgrade or demolish a structure for safety reasons it should be able to do so.

4 Huia Village WTP Huia Dam Road, Huia

Public Open Space - Conservation

Historic Heritage Place extent

As above in line 3 As above in line 3

5 Snells/Algies WTP 118 Hamilton Road, Warkworth

Rural Coastal Rural Coastal New objectives needed at 3.2.6.4.2 : "enable development of network utilities to service existing and future urban activities." Policy 11 "appropriate activities and infrastructure"

Include additional objectives, policies and rules to provide for infrastructure. *Note: This will need associated amendments at the rule level as well. If Council approves this change Watercare will work together with Council to draft rules

6 Waiau Beach WS Road reserve and part 129 Wharf Road, Waiau Beach

Rural Coastal Rural coastal As above in line 5 As above in line 5

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Wastewater Treatment 7 Bombay WWTP

Barber Road, Bombay

Single House Rural Production

This facility is affected by the Electircity Transmission corridor overlay and Transpower designation

As above in line 1

8 Clarks Beach WWTP Torkar Road and part of 100 Stevenson Road, Clarks Beach

Public Open Space - Informal Recreation

Coastal Protection Yard Significant Ecological Area

Retract this CPY overlay back to a more suitable distance around this facility (10m) or to follow the line of the SEA. Remove portion of SEA indicated by red oval.

The CPY extends for 60metres around Clarks Beach, and into the golf course and one of the treatment ponds. The Significant Ecological area (indicated by red oval in image) consists of an area of bush and a stream into which Watercare discharges treated effluent from the nearby Clarks Beach Wastewater Treatment Plant. Watercare considers it is inappropriate to have this labelled as an SEA.

9 Mangere WWTP (around all land including around Puketutu Island) 500 Island Road, Mangere

Special Purpose Rural Production Countryside Living Heavy Industry General Coastal Marine Public Open Space - Informal Recreation

Significant Ecological Area

Remove Significant Ecological Area from the areas overlaying Watercare's designations over Mangere Wastewater Treatment Plant.

The water space around Mangere Treatment Plant (and especially where the plant discharges to) should not be a Significant Ecological Area. This is highly inappropriate

Rural Production Rural Production Small area of land to the south west of Mangere Treatment Plant to change to Public Open Space – Informal Recreation Refer to supporting documentation, Map 1

This land is to be used as a public walkway.

Designations GIS Viewer Amend designation layers on the viewer to be able to separate between designations of the different requiring authorities

It is impossible to delineate where one designation begins and another ends. This is especially important for the Wastewater Treatment Plant and surrounding odour buffer areas.

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10 Mangere WWTP 500 Island Road, Mangere

Public Open Space - Informal Recreation Rural Production

Public Open Space - Informal Recreation Rural Production

Land containing Mangere Wastewater Treatment Plant and area to the south of, to change from Public Open Space and Rural Production, to Heavy Industry. Refer to supporting documentation Map 1

Underlying zoning of Public Open Space - Informal Recreation is inappropriate. This should be changed to a more infrastructure friendly zone. The Rosedale Treatment plant operates at a much lesser scale than Mangere and has an underlying zone of Light Industry.

Rural Production Rural Production Land to the east of Mangere Treatment Plant should change to a Special Purpose – Wastewater Treatment Plant Buffer Zone. Refer to supporting documentation, Map 1

This land is inappropriate for rural production

11 Puketutu Island 500 Island Road, Mangere

Special Purpose Countryside Living Rural Production General Coastal Marine Public Open Space - Informal Recreation

Countryside living 1. Change Countryside living to a more appropriate zone such as Public Open Space – Informal Recreation

1. Objective 4 in 3.2.6.6 seeks that development on CLZ doesn’t frustrate productive uses of rural production. Part of Mangere WWTP has an underlying zone of Rural Production, which adjoins the Countryside Living Zone Puketutu Island.

Special Purpose - Quarry Change to Special Purpose – Quarry Rehabilitation Zone. Refer to supporting documentation, Map 1

This area is not used as a quarry, needs to provide for rehabilitation purposes

Rural Production Change to Heavy Industry Refer to supporting documentation, Map 1

This land is still used for Treatment Plant Purposes

Rural Production (1.3ha) Change to Marae Precinct Refer to supporting documentation, Map 1

In line with the Vision for Puketutu Island and the agreement with the Island Trust

12 Snells/Algies WWTP Te Whau Creek, Hamilton Road, Snells Beach

Rural Coastal Rural Coastal As above in line 5 As above in line 5

13 Waiuku WWTP Williams road Glenbrook

Rural Coastal Indicative Coastline Amend coastal marine boundary to align with landform so Watercare can correct its designation outline.

Currently part of the treatment pond sits within the CMA.

14 Warkworth WWTP 55 Alnwick Street, Warkworth

Marina Coastal Tree Protection Reduce the Coastal Tree Protection Boundary

Coastal Tree Protection should not cover the majority of the site of the Treatment Plant and land zoned marina

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Dams 15 Cossey's Dam

Falls Road, Hunua Rural Production Rural Conservation

Water Supply Management Areas Adjacent Rural Conservation Land has been leased to Forestry.

refer to points 12-15 of Issues Paper Adjacent Rural Conservation Land has been leased to Forestry. This is an inappropriate activity to be located within the Water Supply Management Area refer to points 12-15 of Issues Paper

16 Lower Huia Dam Waitakere Ranges Regional Park

Public Open Space – Conservation

Heritage Place Heritage Place extent

Remove heritage status from old dam If it needs to be demolished for safety reasons then Watercare cannot do this with a heritage classification

17 All other Dams Mostly Public Open Space - Conservation

Water Supply Management Areas

Refer to points 12-15 of Issues Paper refer to points 12-15 of Issues Paper

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Supporting Documentation 2: Map 1 Puketutu & Mangere Treatment Plant (Watercare amendments to draft Unitary Plan Zoning)

Issue Paper 12 Major Facilities Zones: Supporting Documentation 3: Vision for Puketutu Island Rehabilitation & Marae Precinct

watercare services - submission on draft unitary plan

Documents

use issue paper

biosolids issue paper

intensification issue

water quality issue

issue papers

coastal discharges issue

future urban use

land disturbance issue