mediation 45 - gwrc summary statement topic: beds...
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5755083.3 1
MEDIATION 45 - GWRC SUMMARY STATEMENT
TOPIC: BEDS OF LAKES AND RIVERS
Sub-topic
1 Drains and highly modified rivers or streams
Proposed mediation date/s
2 4 and 5 August 2020
Proposed GWRC attendees at the mediation
3 The following will attend on behalf of GWRC:
3.1 Miranda Cross – Planning Manager
3.2 Emma Manohar – DLA – Legal Counsel
3.3 Pam Guest – Planning
3.4 Dr Michael Greer – Freshwater Scientist
Relevant provisions
Provision1 Page reference2
Drain, Highly modified river or stream 23, 26
Rule R121: Maintenance of drains and highly modified
rivers or streams within an individual property -
permitted activity
211
Rule R122: Removing vegetation from the bed of any
river or lake - permitted activity
213
Method M14A: Mapping of drains and highly modified
rivers and streams
286
Appellant(s) and section 274 parties
Appellant Court reference (ENV)
Carterton District Council ENV-2019-WLG-000
Federated Farmers of NZ ENV-2019-WLG-000
1 These provisions are set out in Appendix 1.
2 Decision version clause 16 of the PNRP.
5755083.3 2
Appellant Court reference (ENV)
Minister of Conservation ENV-2019-WLG-000
Rangitāne Tu Mai Ra Trust and Rangitāne o Wairarapa
Inc Society (Rangitāne)
ENV-2019-WLG-000
NZ Transport Agency ENV-2019-WLG-000
Wellington Water Ltd ENV-2019-WLG-000
South Wairarapa District Council ENV-2019-WLG-000
Masterton District Council ENV-2019-WLG-000
Section 274 parties
Party
Alistair and Jennifer Boyne
Carterton District Council
Federated Farmers of New Zealand
First Gas Ltd
Horticulture New Zealand
Kahungunu Ki Wairarapa
Kainga Ora Homes and Communities
Kāpiti Coast District Council
Minister of Conservation
NZ Transport Agency
Porirua City Council
Rangitāne
Royal Forest and Bird Protection Society
Wairarapa Water User’s Incorporated Society
Wellington Fish and Game Council
Wellington Water Ltd
5755083.3 3
Appeal issues
4 The sub-topic appeal issues are:
4.1 Issue 1: Definitions - Drain, Highly modified river or stream
4.2 Issue 2: Provision for local authority stream maintenance works
4.3 Issue 3: Rules R121 and R122: Permitted activity conditions
4.4 Issue 4: Application of Rule R122
4.5 Issue 5: Method M14A: Mapping of drains and highly modified rivers and
streams
Background – Drains / Highly modified rivers or streams / stormwater network/ water races/
Other rivers and streams: What activities are being managed for what waterbody type?
5 This topic addresses rules R121 and R122 that manage the removal of aquatic vegetation
and sediment from different water body types.
6 Rule R121 provides for the removal of vegetation or bed material and associated sediment
from any drain or any highly modified river or stream within an individual property, but
does not apply to a drain or highly modified river or stream that is managed as part of a
stormwater network or that is a water race. Under the proposed Plan:
6.1 a drain is 'An open watercourse, designed and constructed for the purpose of
land drainage of surface or subsurface water.'
6.2 a highly modified river or stream is ‘A river or stream that has been modified
and channelled for the purpose of land drainage of surface or sub-surface water
and has the following characteristics:
• it has been channelled into a single flow, and
• the channel has been straightened, and
• the channel is mechanically formed with straight or steeply angled
banks, and
• it exhibits these characteristics for at least its entire length through the
property in which the activity is being carried out, and
• it is not managed as part of a stormwater network and is not a water
race'.
6.3 Both definitions include a note stating that the definitions to not apply to
channels or swales that only convey water during, or immediately after rainfall
5755083.3 4
events (which is intended to clarify that the Proposed plan does not regulate
maintenance activities in channels or swales).
7 Rule R121 does not apply to drains or highly modified rivers or streams that are managed
as part of a stormwater network because maintenance activities associated with
watercourses managed for these purposes are carried out at a network-scale, involving
works over kilometres of watercourse each year, with a high risk of significant adverse
effects on aquatic ecosystem health and other values. These activities are managed as a
discretionary activity under the Beds of lakes and rivers catch-all rule Rule R129.
8 Water races (identified in the proposed Plan on Map 28) are excluded from Rule R121 as
they are not managed for the purpose of land drainage and are generally managed on a
scheme-wide basis. Discharges from a water race are managed under Rule R58.
9 Rule R122 provides for the trimming or removal of aquatic vegetation (including weeds)
from the bed of any river or lake (excluding a drain or highly modified river or stream).
This rule only enables the removal of sediment or bed material that is attached to the roots
of the vegetation being removed; the removal of accumulated sediment on the bed of the
river is managed as a discretionary activity under the Beds of lakes and rivers catch-all rule,
Rule R129.
5755083.3 5
Issue 1: Definitions: Drain, Highly modified river or stream (excluding a highly modified river
or stream)
GWRC
Appeal
point ref.
Provision Appellant Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A031/066 Drain Wellington Water
Ltd
The definition of 'drain' is
amended to improve the
clarity of the term as it
applies to Rules R97,
R121, R122 and Method
M14, and in response to
any amendments made to
any of those provisions.
Carterton District Council
(S)
Horticulture New Zealand
(S)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
Kāpiti Coast District
Council (S)
Porirua City Council (S)
A014/026 Drain Masterton
District Council
Clarify the provisions
relating to the
maintenance of Council
managed drains, water
races and highly modified
streams to enable
vegetation clearance and
sediment removal to be
permitted activities.
Wairarapa Water User’s
Incorporated Society (S)
Rangitāne (O)
Royal Forest and Bird
Protection Society (O)
A021/010 Drain South Wairarapa
District Council
Clarify the provisions
relating to the
maintenance of Council
managed drains, water
races and highly modified
streams to enable
vegetation clearance and
sediment removal to be
permitted activities.
Carterton District Council
(S)
Rangitāne (O)
Royal Forest and Bird
Protection Society (O)
A014/027 Highly
modified river
or stream
Masterton
District Council
Clarify the provisions
relating to the
maintenance of Council's
managed drains, water
races and highly modified
streams to enable
vegetation clearance to be
a permitted activity.
Wairarapa Water User’s
Incorporated Society (S)
Royal Forest and Bird
Protection Society (O)
5755083.3 6
GWRC
Appeal
point ref.
Provision Appellant Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A021/011 Highly
modified river
or stream
South Wairarapa
District Council
Clarify the provisions
relating to the
maintenance of Council
managed drains, water
races and highly modified
streams to enable
vegetation clearance and
sediment removal to be
permitted activities.
Carterton District Council
(S)
Rangitāne (O)
Royal Forest and Bird
Protection Society (O)
A005/017 Drain Federated
Farmers
Amend the definition to
include the words
'permanently flowing'.
Delete the second part of
the note and replace with
reference to new method
M14A.
Alistair and Jennifer
Boyne (S)
Wellington Water Ltd (O)
Rangitāne (O)
NZ Transport Agency (S)
Horticulture New Zealand
(S)
Wellington Fish and Game
Council (O)
Royal Forest and Bird
Protection Society (O)
Minister of Conservation
(O)
First Gas Ltd (S)
A019/003 Drain Rangitāne Delete the note. Carterton District Council
(O)
Horticulture New Zealand
(O)
Wellington Fish and Game
Council (S)
Royal Forest and Bird
Protection Society (S)
Related appeal points from other sub-topics
10 The appeal by Federated Farmers requesting that drains and water races are removed from
the definition of ‘surface water body’ is relevant.
5755083.3 7
Summary of decision
11 The Decision made a number of amendments to the definitions of ‘drain’ and ‘highly
modified river or stream’ to simplify and clarify their intended meaning:
11.1 For the definition of drain: References were deleted to any ‘artificial
watercourse’, including those that are piped, and text that, 'for the purpose of
Rule R121, drain includes a highly modified watercourse or river' was deleted.
Notes were added to provide further clarification. These changes were made
based on the officer’s recommendation, and in response to confusion raised
during the Hearing as to the management of ephemeral swales, with the intent
being to simplify and clarify the Plan’s provisions that relate to management and
maintenance of drains.
11.2 For the definition of highly modified river or stream: Reference to the
characteristics of an artificial farm drainage canal was removed and the
definition for that term was deleted from the proposed Plan as it was considered
to be complex, unclear, and ultimately unhelpful. Exemptions were added to
clarify that the definition for a highly modified river or stream (and therefore the
ability to use Rule R121) does not apply to those watercourses that are managed
as part of a stormwater network or are a water race. As noted above, the primary
reason for this was that maintenance works undertaken by local authorities are at
a network-scale, involving works over many kilometres of watercourse each
year, with an attendant high risk of significant cumulative adverse effects on
aquatic ecosystem health and other values.
Changes since the decision and outcome of direct discussions
12 There are no clause 16 changes relevant to this appeal point.
13 The Council met with Masterton District Council, Carterton District Council, South
Wairarapa District Council, and Wellington Water on 18 February 2020 to discuss their
concerns with these definitions and their request to enable vegetation clearance and
sediment removal in drains and highly modified watercourses carried out by the District
Councils to be permitted activities.
14 The Council suggested several minor amendments to further clarify the definitions for
‘drain’ and ‘highly modified river or stream’ for plan users, including that it would be
efficient to adopt the new definition for ‘drain’ set out in the National Planning Standards
(2019):
'Drain means any artificial watercourse, designed, constructed, or used for the
drainage of surface or subsurface water, but excludes artificial watercourses
used for the conveyance of water for electricity generation, irrigation, or water
supply purposes.'
15 The appellants advised that, while they support the proposed amendments to the definitions,
they continue to seek amendments to the policies and rules relating to these watercourse
5755083.3 8
types so that local authority maintenance works are permitted activities – this matter is
discussed further in Issue 2 below.
16 The Council met with Federated Farmers on 5 February 2020 to discuss a number of appeal
points, including questions over the identification of the various watercourse types.
Federated Farmers raised concerns with the application of the rules to small hill country
watercourses, especially those which flow for only part of the year.
17 The Council explained the property-scale mapping of drains and highly modified
waterways that has been undertaken as set out in Method M14A, advising that the mapping
focuses only on the lowland parts of the region that have the greatest density of these
waterbody types. The entire region has not been mapped because the cost was too high to
be justified (nor did Method M14A require the entire Region to be mapped). Federated
Farmers extended an invitation to meet on-farm to assist understanding of the intent and
linkages between the watercourse definitions and plan rules.
18 A field visit was carried out on 23 July 2020, with representatives from Federated Farmers
and the Council visiting a Wairarapa hill country farm to discuss the classification of
watercourses on the property, their values, and the outcomes sought in managing activities
within these watercourses. Federated Farmers questioned the need for a number of the
conditions in Rule R121 if works are carried out in dry reaches of intermittently flowing
watercourses.
19 Dr Greer, the freshwater scientist attending on behalf of the Council, explained the values
of these streams, including that they provide habitat for diverse macroinvertebrate
communities and native fish, which are able to survive by moving in and out of stream
reaches as they dry up and then flow again. While highlighting these values, Dr Greer
agreed that the conditions of Rule R121 which provide for the protection of fish during the
period of works are unnecessary if works are being carried out when the watercourse is dry
(i.e., there is no need to carry out fish recovery or provide fish refuges if there are no fish
present). Other conditions remain valid, such as those that protect the integrity of the
channel and that minimise sediment release, noting that, cumulatively, these small streams
contribute significantly to the overall ecosystem health of the catchment.
Council position
Amend the definition of drain and highly modified river or stream for clarity of application
20 As already discussed, the Council considers that some minor amendments to the definitions
for ‘drain’ and ‘highly modified river or stream’ would be helpful for Plan users, and
proposes the following amendments:
20.1 Amend the definition for ‘drain’ to be consistent with the definition for ‘drain’
set out in the National Planning Standards (November 2019).
20.1.1 While regional councils have until 2029 to incorporate the Planning
Standard definitions within their regional plans, the Council considers
5755083.3 9
that it is most efficient to change the definition for drain now, given
that it under appeal, to ensure the way the term is used throughout the
proposed Plan is consistent with this new definition.
20.1.2 The main difference in the Planning Standards definition is
specification that a drain is an artificial watercourse. While the bed of
an artificial watercourse cannot be managed under RMA section 13,
land use can be managed in relation to drains pursuant to section 9(2)
at the discretion of the Council (this is within the Council’s functions
– section 30(1)(c)). In this case, it is the Council’s position that this is
necessary as some land use activity will impact on water quality and
aquatic ecosystem health and mahinga kai in connected downstream
water bodies. The Planning Standards definition applies to a piped or
open drain, therefore use in Rule R121 would need to specify
application to an ‘open’ drain.
20.1.3 The only other time that ‘drain’ is referred to in the proposed Plan is in
the definition for ‘surface water body’, which includes ‘open drains’.
The term surface water body is used in the proposed Plan for the
purpose of managing discharges. As any take of water or discharges to
or from a drain can be managed under RMA sections 14 and 15, the
Council considers that the Planning Standards definition for drain is
appropriate to its use in these provisions (It is noted that the inclusion
of ‘open drain’ in the definition for surface water body is under appeal
and this will be addressed in Topic 38 – Land use in riparian margins
and stock access.)
20.2 Amend the definition for a ‘highly modified river or stream’ by:
20.2.1 deleting the last bullet point as the Council considers that the
definition should describe the characteristics of the watercourse type,
rather than its use, and that it is more appropriate for exclusions for
specific activities to be made within the rules and not in the definition.
Further, the preamble for Rule R121 already excludes watercourses
managed as part of a stormwater network or that are a water race.
21 While the Council considers that these minor amendments provide some clarification for
users, it understands that this does not meet the relief sought by the district councils and
Wellington Water by making maintenance works within Council managed drains,
water races and highly modified streams permitted activities. This matter is
addressed in Issue 2.
Amendments to provide for works in dry watercourse reaches
22 With respect to Federated Farmers appeals to:
5755083.3 10
22.1 Amend the definition of ‘drain’ to include the words 'permanently flowing'. As
discussed above, intermittently flowing watercourses have aquatic habitat values
and contribute to the aquatic ecosystem health of the wider catchment, therefore
activities that disturb their beds do need to be managed. While the Council does
not support restricting the definition of drain to permanently flowing
watercourses, it does consider that some of the conditions of Rule R121 are not
relevant to works within dry reaches of intermittently flowing watercourses and
proposes amendments to address this. While the appeal point refers to ‘drains’,
the concern is also relevant to managing works within intermittent rivers or
streams, whether highly modified or more natural.
22.2 Delete the second part of the note and replace with reference to new method
M14A. The Council considers that the second part of the note provides helpful
clarification and should be retained due to the widespread perception that many
natural watercourses are artificial drains because of their ‘non-natural’ or highly
modified appearance. However, the Council does support adding reference to the
maps prepared under Method M14A to provide helpful guidance for landowners
and plan users and suggests that this reference also be added to the definition for
a highly modified river or stream.
23 Rangitāne has requested that the exclusion in the first part of the Note for a Drain be
deleted as they consider it would capture drains such as those around the base of a slope
designed to catch overland flow before it reaches a flat area of land below. These are
channels that only convey water during or immediately after rainfall, so are not drains
under the proposed Plan. The definition of ‘Surface water body’ is to be discussed in Topic
38.
24 Suggested amendments to the Decisions Version are shown in red.
5755083.3 11
Drain Any open artificial watercourse, designed, constructed, or used for the drainage of
surface or subsurface water, but excludes artificial watercourses used for the
conveyance of water for electricity generation, irrigation, or water supply
purposes.
An open watercourse, designed and constructed for the purpose of land drainage of
surface or subsurface water.
Note:
For the avoidance of doubt, channels or swales that only convey water during or
immediately following rainfall events are not drains.
Many watercourses that are may be considered to be drains are natural
watercourses that have been highly modified, often over many decades, and
include channels dug to drain natural wetlands.
To provide guidance for landowners and plan users, drains and highly modified
rivers and streams have been mapped in those parts of the region that have a high
concentration of these watercourse types (see here - add hyperlink). Guidance on
watercourse classification is also available (see here – add hyperlink).
Highly
modified
river or
stream
For the purposes of Rule R121 only, means a river or stream that has been modified
and channelled for the purpose of land drainage of surface or sub-surface water and
has the following characteristics:
• it has been channelled into a single flow, and
• the channel has been straightened, and
• the channel is mechanically formed with straight or steeply angled banks, and
• it exhibits these characteristics for at least its entire length through the
property in which the activity is being carried out, and
• it is not managed as part of a stormwater network and is not a water race.
Note:
For the avoidance of doubt, this definition does not include channels or swales
that only convey water during, or immediately after rainfall events
To provide guidance for landowners, drains and highly modified rivers and
streams have been mapped in those parts of the region that have a high
concentration of these watercourse types (see here - add hyperlink). Guidance on
watercourse classification is also available (see here – add hyperlink).
25 Amend the title and preamble to Rule R121 to clarify that the rule applies only to open
drains:
Rule R121: Maintenance of open drains and highly modified rivers or streams within an
individual property– permitted activity
5755083.3 12
The removal of vegetation or bed material and associated sediment from any open
drain or any highly modified river or stream within an individual property,
excluding any open drain or highly modified river or stream that is managed as
part of a stormwater network or that is a water race, including any associated:
26 Add a clause, along the following lines, to the end of Rule R121 (and potentially Rule
R122):
Where works are only being undertaken in a section of watercourse that has been
completely dry for at least two weeks, and there are no pools of standing water present, and
no rainfall is forecast for the next 72 hours, conditions (h), (j) and (k) do not apply, but a
sediment retention device shall be installed at the downstream end of the cleared reach and
shall be maintained until after the first rainfall event following completion of works.
27 Note that the periods of two weeks and 72 hours are starting points for discussion.
Outcomes from prior mediation topics of relevance
28 Nil.
Issues for discussion
29 Whether the proposed amendments to the definitions for ‘drain’ and ‘highly modified river
or stream’ are supported?
30 Whether the proposed amendment to Rule R121 to provide more efficient and effective
conditions for works carried within dry reaches of intermittently flowing watercourse are
supported and, if so, whether these should also apply to Rule R122?
5755083.3 13
Issue 2: Rules R121 and R122: Provision for local authority stream maintenance works
GWRC
Appeal
point ref.
Provision Appellant Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A007/023 Rule R121:
Maintenance
of drains and
highly
modified
rivers or
streams within
an individual
property -
permitted
activity
Carterton District
Council
No specific relief stated
The amendments to the
definition of ‘highly
modified river or stream’
clarify explicitly that, for
the purposes of Rule
R121 (only), a ‘highly
modified river or stream’
does not include a water
race. Rule R121 is also
explicit that it does not
apply to any water race.
There remains confusion
about whether Rule R122
applies to the removal of
vegetation from the beds
of water races and
whether the default Rule
R129 captures the
clearance and removal of
vegetation from water
races.
Carterton DC considers
that the PNRP has no
jurisdiction over activities
occurring in the beds of
artificial water races.
However, there remains
doubt about the purported
applicability of Rules
R122 and R129, as a
consequence of
amendments made to the
definition of ‘drain’ and
Rules R121 and R122.)
Nil
A014/007 Rule R121:
Maintenance
of drains and
highly
modified
rivers or
streams within
Masterton
District Council
Clarify the provisions
relating to the
maintenance of Council
managed drains, water
races and highly modified
streams to enable
vegetation clearance and
Kahungunu Ki Wairarapa
(S)
Wairarapa Water User’s
Incorporated Society (S)
Federated Farmers of New
Zealand (S)
5755083.3 14
GWRC
Appeal
point ref.
Provision Appellant Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
an individual
property -
permitted
activity
sediment removal to be
permitted activities.
Either delete the
conditions applying to
vegetation clearance, fish
removal and sediment
removal or amend to be
more workable and
practicable.
Wellington Fish and Game
Council (O)
Porirua City Council (S)
Kāpiti Coast District
Council (S)
Royal Forest and Bird
Protection Society (O)
A014/008 Rule R122:
Removing
vegetation
from the bed
of any river or
lake -
permitted
activity
Masterton
District Council
Clarify the provisions
relating to the
maintenance of Council's
managed drains, water
races and highly modified
streams to enable
vegetation clearance to be
a permitted activity.
Either delete the
conditions applying to
vegetation clearance, fish
removal and sediment
removal or amend to be
more workable and
practicable.
Kahungunu Ki Wairarapa
(S)
Wairarapa Water User’s
Incorporated Society (S)
NZ Transport Agency (S)
Federated Farmers of New
Zealand (S)
Wellington Fish and Game
Council (O)
Porirua City Council (S)
Kāpiti Coast District
Council (S)
Royal Forest and Bird
Protection Society (O)
A021/007 Rule R121:
Maintenance
of drains and
highly
modified
rivers or
streams within
an individual
property -
permitted
activity
South Wairarapa
District Council
Clarify the provisions
relating to the
maintenance of Council
managed drains, water
races and highly modified
streams to enable
vegetation clearance and
sediment removal to be
permitted activities.
Either delete the
conditions applying to
vegetation clearance, fish
removal and sediment
removal or amend to be
more workable and
practicable.
Carterton District Council
(S)
NZ Transport Agency (S)
Rangitāne (O)
Porirua City Council (S)
Wellington Fish and Game
Council (O)
Kāpiti Coast District
Council (S)
Royal Forest and Bird
Protection Society (O)
5755083.3 15
GWRC
Appeal
point ref.
Provision Appellant Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A021/008 Rule R122:
Removing
vegetation
from the bed
of any river or
lake -
permitted
activity
South Wairarapa
District Council
Clarify the provisions
relating to the
maintenance of Council's
managed drains, water
races and highly modified
streams to enable
vegetation clearance to be
a permitted activity.
Either delete the
conditions applying to
vegetation clearance, fish
removal and sediment
removal or amend to be
more workable and
practicable.
Carterton District Council
(S)
NZ Transport Agency (S)
Wellington Fish and Game
Council (O)
Kāpiti Coast District
Council (S)
Royal Forest and Bird
Protection Society (O)
Related appeal points from other sub-topics
31 Appeal points seeking to reinstate policies P7 and P8. Policy P7 includes recognising the
benefits of (g) gravel extraction from rivers for flood protection and control purposes.
Policy 8 includes recognising as beneficial and generally appropriate, amongst other
matters, (d) the removal of aquatic weeds.
32 Appeals on Policy P15 are also relevant as this policy provides for catchment-based flood
and erosion hazard risk management activities which manage the hazard risk of flooding to
people, property, infrastructure and communities.
Summary of decision
33 The Decision made amendments to Rule R121 to clarify that the rule applies only to
watercourse maintenance activities undertaken at an individual property scale and not to
activities undertaken as part of managing a stormwater network or a water race because of
the extent and scale of the works associated with these activities and the associated risk of
significant adverse effects on the aquatic ecosystem.
Changes since the decision and outcome of direct discussions
34 There are no clause 16 changes relevant to this appeal point.
35 The Council met with Masterton District Council, Carterton District Council, South
Wairarapa District Council, and Wellington Water on 18 February 2020 to discuss their
concerns with Rule R121.
5755083.3 16
36 The Council confirmed its support of the Decision, that a permitted activity to enable the
removal of sediment from watercourses at a network-scale (involving kilometres of
watercourse each year rather than over property-scale reaches) is not an option that
the Council is willing to consider because the high risk of significant adverse effects on
aquatic ecosystem health and other values means that a permitted activity status is
inappropriate. Permitted activity rules should only be considered in a plan to manage low
impact ‘minor’ effects, with Rule R121 intended to apply to small-scale watercourse
maintenance activities, with the length of waterway that can be impacted constrained by the
size of the property.
37 The Council notes that works to clear aquatic vegetation only (including sediment attached
to the roots) is provided for in Rule R122, unfettered by the scale of works.
38 The district councils and WWL raised a number of issues regarding the need to obtain a
discretionary activity consent under Rule R129 for stream maintenance works to remove
sediment, including:
38.1 a lack of policy recognition of the benefits of stream ‘maintenance’ works to
manage the risk of flooding and associated adverse effects on people, property,
and infrastructure, and
38.2 uncertainty regarding the information required as part of a consent, the ‘changing
bar’ in terms of environmental outcomes, the time and cost taken to obtain
consent, especially if consents are required to be publicly notified, and the lack
of guidance regarding potential offsetting requirements/options.
39 The outcomes of this meeting were that:
39.1 The Council indicated a willingness to consider a new policy and rule framework
that recognises the need for, and benefits of, stream works carried out by local
authorities to remove sediment and aquatic vegetation to reduce the risk of
flooding. The district councils and Wellington Water agreed, as a starting point,
to prepare a working draft of a new policy and rule, with an accompanying
section 32AA options analysis to evaluate the costs and benefits of both
controlled and restricted discretionary activity rules.
39.2 The Council requested that a new policy include provision to work over time to
minimise the extent and frequency of stream maintenance works, including by:
39.2.1 local authorities taking a more strategic approach to stream
maintenance works, developing triggers to initiate works, rather than
carrying these out on a regular scheduled basis;
39.2.2 improved local and catchment-wide riparian and land management
practices to minimise inputs of sediment and nutrients, and the growth
of aquatic weeds in waterways.
5755083.3 17
30.3 The policy and rule drafted by the district councils and Wellington Water is set
out in Appendix 2. It is noted that these provisions apply to the management, use
and maintenance of both drains and rivers, and are not restricted to drains and
highly modified rivers and streams as addressed in Rule R121.
30.4 The Council found this draft policy and rule helpful as a starting point for
drafting, but considers that a controlled activity, especially if applied to any river,
is too permissive, and that further detail is required to provide the certainty and
guidance requested by the district councils, while also ensuring confidence of
good environmental outcomes.
30.5 The Council has also prepared a draft policy and rule framework as a basis for
further discussion (refer to Appendix 3). These provisions were informed by the
conditions of a global consent for river management activities for the Council’s
Flood Protection Department which includes preparation of a Code of Practice.
40 The key elements of the new policy and rule framework proposed by the Council are:
40.1 Amendment of Policy P15 to extend recognition of the benefits of stream works
for the purpose of flood protection to watercourses that do not form part of a
formal river management scheme or flood plain management plan;
40.2 A new policy to guide management of the removal of aquatic vegetation
and/or accumulated sediment from the bed of a river to manage flood risk,
while minimising the extent and frequency of these activities.
40.3 A possible short-term permitted activity rule (R121A) to recognise the
importance of enabling local authorities to continue to maintain rivers previously
considered to be ‘drains’ or managed under R121 as a ‘highly modified river or
stream’ to manage flood risk. This will provide local authorities sufficient time
to prepare the evaluations and apply for resource consent as required by
proposed new Rule R121B (or, if a new rule is not agreed, by Rule R129). This
will enable time to transition to a new consenting regime and the potential that
flood protection works might be unable to be undertaken in the interim.
40.4 A new restricted discretionary rule (Rule R121B) to streamline the application
and assessment of resource consent applications by clearly specifying the
matters to be addressed by a ‘vegetation and sediment removal management
plan’ in a new schedule to the proposed Plan3 and providing for limited
notification. While the proposed schedule is quite detailed, it is considered that
this specificity will help to provide the certainty that the district councils are
seeking in terms of information requirements. It is also noted that the level of
3 A vegetation and sediment removal management plan is an operational document that describes how the removal of
aquatic vegetation and/or accumulated sediment from the bed of a river by a local authority will be managed in accordance
with any relevant objectives and policies identified in the Plan.
5755083.3 18
detail required in a vegetation and sediment removal management plan shall
correspond to the values associated with the waterbody(ies) and the scale of
works. Thus for smaller-scale works in areas with lower values, the detail
expected to submitted as part of a resource consent application would be much
less than in higher value areas.
40.5 A clause restricting any notification to limited notification is considered
appropriate, recognising the importance of managing the hazard risk of flooding
to people, property, infrastructure and communities within a reasonable time-
frame, while providing an opportunity for mana whenua input when these
activities could potentially impact the significant values of a Schedule C site.
41 Choice of appropriate activity status:
41.1 A permitted activity is considered to be inappropriate given the scale (in terms of
extent, frequency and cumulative effects) of activities carried out by local
authorities when managing the hazard risk of flooding across a catchment, and
the associated risk of significant/more than minor adverse effects.
41.2 A controlled activity is considered to be inappropriate as there are likely to be
some locations where these activities should be avoided, therefore discretion to
decline a consent application is required.
41.3 A restricted discretionary activity is considered to strike the right balance by
ensuring consistent assessment conditions and management regimes are applied
to these activities, while being tailored to the values of the watercourse(s).
42 The Council circulated these draft provisions to the district councils and Wellington Water
on 17 July, but no feedback has been received to date. Several amendments to simplify
these provisions have been made subsequent to their circulation to these parties.
Council position
43 The Council remains firmly of the view that a permitted activity status is inappropriate for
works to remove sediment from drains and the bed of a highly modified stream or river at
the scale carried out by local authorities. The Council also considers that the permitted
activity conditions of Rule R121 are unnecessarily restrictive when applied to large
networks, and that managing stream maintenance works in these streams through global
consents is not only likely to lead to better environmental outcomes, but will also allow
councils to manage their networks more efficiently in the long-term.
44 The Council considers that there is merit in a developing a new policy and rule framework
to recognise the benefits of stream maintenance works for the purpose of managing flood
risk, while working to minimise these works over time and ensuring that they are carried
out in such a way as to achieve the objectives of the proposed Plan. The Council considers
that a new rule and schedule that set out the details expected of a resource consent
5755083.3 19
application will provide a more certain consenting framework as sought by the local
authorities rather than requiring consent under catch-all discretionary Rule R129.
45 The Council is open to discussing alternative (or variations of the) policy and rule
framework options to those set out in Appendices 2 and 3. The Council also seeks feedback
as to whether the policies and rules should apply only to drains and highly modified rivers
and streams or whether it would be more effectively that they apply to any river and
therefore enable integrated management of a stormwater network which often includes a
mix of drains, highly modified rivers or streams and other rivers.
Outcomes from prior mediation topics of relevance
46 Amendments to Policies P7 and P8 agreed through mediation to date would see them
reinstated largely as notified, with some amendments. The reinstatement of these policies is
still subject to agreement from the parties, as there are still issues that need to be resolved.
There has also been a minor correction to Policy 15 made as a result of mediation.
Issues for discussion
47 Whether there is support for a new policy, rule and schedule to recognise the benefits of
stream maintenance works to manage hazard risk, while setting clear conditions to manage
the potential adverse effects?
48 Whether this new framework should be restricted to the removal of aquatic vegetation and
sediment from drains or highly modified rivers or streams or whether it should apply to any
river?
49 Whether there is support for either of the policy and rule options suggested by the Council
or the district councils, for variations of these options, or for a different approach?
5755083.3 20
Issue 3: Permitted Activity Conditions - Rule R121: Maintenance of drains and highly modified
rivers or streams within an individual property and Rule R122: Removing vegetation from the
bed of any river or lake
GWRC
Appeal
point ref.
Provision Appellant Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A016/035 Rule R121:
Maintenance
of drains and
highly
modified
rivers or
streams within
an individual
property -
permitted
activity
Minister of
Conservation
Add a new condition that
the use of mobile
machinery in or on the
bed in a manner that
disturbs the bed of the
active flowing channel
must not take place
during the critical
migration times of 1
August to 31 December
(inclusive) for indigenous
fish species present in the
catchment.
Either: Reinstate
condition (l) relating to
not removing woody
debris with a diameter
greater than 0.2m from
the drain during
maintenance works unless
it is causing, or has the
potential to cause a flood
or erosion threat, or a
threat to infrastructure;
or
insert a condition to
similar effect that requires
no removal of instream
woody debris less than
2m3 in size unless this is
required to reduce the risk
of flooding or erosion or
to remove a threat to
infrastructure
Wellington Water Ltd (O)
Rangitāne (S)
Federated Farmers of New
Zealand (O)
Wellington Fish and Game
Council (S)
Royal Forest and Bird
Protection Society (S)
Kainga Ora Homes and
Communities (O)
A016/036 Rule R122:
Removing
vegetation
from the bed
of any river or
Minister of
Conservation
Add a new condition that
the use of mobile
machinery in or on the
bed in a manner that
disturbs the bed of the
Wellington Water Ltd (O)
Rangitāne (S)
NZ Transport Agency (O)
5755083.3 21
GWRC
Appeal
point ref.
Provision Appellant Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
lake -
permitted
activity
active flowing channel
must not take place
during the critical
migration times of 1
August to 31 December
(inclusive) for indigenous
fish species present in the
catchment.
Either:
reinstate condition (m)
relating to not removing
woody debris with a
diameter greater than
0.2m from the drain
during maintenance
works unless it is causing,
or has the potential to
cause a flood or erosion
threat, or a threat to
infrastructure; or
insert a condition to
similar effect that requires
no removal of instream
woody debris less than
2m3 in size unless this is
required to reduce the risk
of flooding or erosion or
to remove a threat to
infrastructure
Federated Farmers of New
Zealand (O)
Horticulture New Zealand
(O)
Porirua City Council (O)
Kāpiti Coast District
Council (O)
Wellington Fish and Game
Council (S)
Royal Forest and Bird
Protection Society (S)
Kainga Ora Homes and
Communities (O)
A031/077
and /089
Rule R122:
Removing
vegetation
from the bed
of any river or
lake -
permitted
activity
Wellington Water
Ltd
Rule R122 is amended so
that clause (i) is deleted,
or is excluded from
applying to trimming or
removal of vegetation by
WWL to maintain the
function of the
stormwater network.
NZ Transport Agency (S)
Federated Farmers of New
Zealand (S)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
Kāpiti Coast District
Council (S)
Porirua City Council (S)
Minister of Conservation
(O)
5755083.3 22
Related appeal points from other sub-topics
50 There are no other appeal points directly connected to this appeal point.
Summary of decision
51 The Decision:
51.1 rejected the Minister’s request to extend the exclusion period for works from 1
August to 31 December because the Beds of Lakes and River’s General
Conditions already provide no-work exclusion periods in known inanga
spawning areas during the peak spawning period and it was considered that
imposing an additional exclusion period as a condition of a permitted activity
rule is counter-productive, that the other conditions of Rule R121 provide some
protection and that, over time, the recommended amendments to Method M14
will work to reduce the extent and frequency of drain maintenance activities.
51.2 deleted R121(l) and R122(m) as notified (restricting the removal of woody
debris of a diameter greater than 0.2m unless it is causing or has the potential to
cause a flood or erosion threat, or a threat to infrastructure) because it contains a
discretion and is not practical as a condition of a permitted activity.
51.3 amended Rule R122 (i) to allow aquatic vegetation to be cleared from both sides
of a watercourse, but requiring that for every 200m length cleared at least a 10m
length of intact vegetation is retained to provide areas for fish refuge.
Changes since the decision and outcome of direct discussions
52 There are no clause 16 changes relevant to this appeal point.
53 The Council met with the Minister of Conservation on 25 November 2019 to discuss the
Minister’s request for a new condition to provide an exclusion period of 1 August to 31
December for vegetation and sediment removal activities in both Rules R121 and R122, to
avoid habitat disturbance during a five month period during which the majority of
freshwater fish carry out their migration between coastal and fresh water. This period is
separate to the exclusion periods that apply within identified inanaga spawning habitat
(identified in Schedule F1b) and identified trout spawning waters (identified in Schedule I).
54 The Council advised that they were concerned at the extended nature of the no-works
period and that it was considered that permitted activities should provide a reasonable
opportunity to carry out an activity. The Minister undertook to provide evidence of similar
exclusions set out in the Horizon’s One Plan, while the Council undertook to identify the
typical timing of drain clearance works on farms.
55 Subsequent to meeting, the Minister provided the following example of a similar exclusion
period in the One Plan chapter 17 table 17-2(o);
5755083.3 23
Whitebait* Migration (applies to all reaches in water bodies^ and their beds^
with a Schedule B Value of Whitebait* Migration)
(o) The use of mobile machinery in or on the bed of a river or lake in a manner
that disturbs the bed of the active flowing channel must not take place 15 August
to 30 November (inclusive).
56 The Minister also noted the formulation of the equivalent rules in chapter 17 of the
Horizons One Plan, with the additional parameters of enabling only one of these types of
activities per river, per property in a 12 month period, which could assist with managing
cumulative effects.
57 Staff from the Council’s Flood Protection Department have advised that the main period for
drain clearance works on farms is mid to late spring, as soon as everything starts growing,
including weeds in drains. Mid spring is a prime time to remove aquatic weeds just as their
growth takes off. The second key time to clear drain weeds is just before winter, April/May
in preparation for the winter rains. Winter is usually avoided as the ground is soft and
digger drivers want to avoid getting stuck/bogged.
Council position
58 In terms of setting a five months no-works period, the Council position remains unchanged
from the decision for the following reasons:
58.1 the conditions of Rule R121 are considered to provide reasonable protection for
migrating fish, given that use of the rule is restricted to works carried out at
within an individual property. (Note that the amendments made by the Decisions
to Rule R121 make it much clearer that this rule applies only to works carried
out by landowners at the scale of an individual property);
58.2 there are already two periods when works in the bed of a river must be avoided
due to Section 5.5.4 Beds of lakes and rivers general conditions:
58.2.1 1 January to 31 May in identified inanga spawning areas (clause e)
58.2.2 31 May to 31 August in identified trout spawning habitat (clause f).
58.3 The 'no-works' period requested (1 August to 31 December) is a key time for
maintenance works to be carried out, with spring through to early summer being
peak times for aquatic weed growth.
59 The Council supports reinstatement of condition (l) in both Rules R121 and R122 as woody
debris on the bed of a stream provides important habitat for fish and invertebrates, and an
important refuge during drain clearance works when much fish habitat is removed. Woody
debris can also contribute to the structure of the bank; the removal of such debris can
increase erosion and flood risk. While Council agrees that this condition includes a degree
of discretion in terms of determining whether the debris poses a risk to flooding or erosion,
5755083.3 24
it is considered that reinstatement of this good management practice as a requirement of a
permitted activity has greater benefit than the associated risk of administrative uncertainty
or enforceability.
60 Reinstate this clause as R121(l) and R122(k):
any clearance works in the bed of a river or lake shall not remove any woody debris with a
diameter greater than 0.2m unless it is causing, or has the potential to cause, a flood or
erosion threat, or a threat to infrastructure.
61 The Council does not support deleting R122(i) as requested by Wellington Water as this
condition provides two options for providing fish refuge and is a well-accepted good
management practice.
Outcomes from prior mediation topics of relevance
62 Nil of relevance.
Issues for discussion
63 Whether parties consider that a 5 month no-work period is required to provide adequate
protection for migrating fish or whether the existing conditions of Rule R121 is appropriate,
given that the rule applies only at the scale of an individual property.
64 Whether reinstatement of the woody debris clause in rules R121 and R122 is supported.
65 Whether Rule R122(i) should be deleted?
5755083.3 25
Issue 4: Rule R122: Application of Rule R122 'Removing vegetation from the bed of any river
or lake - permitted activity'
GWRC
Appeal
point ref.
Provision Appellant Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A007/024 Rule R122:
Removing
vegetation
from the bed
of any river or
lake -
permitted
activity
Carterton District
Council
(ii) Amend Rules R122 to
clarify that these rules do
not apply to water races;
Nil
A007/015 Rule R122:
Removing
vegetation
from the bed
of any river or
lake -
permitted
activity
Carterton District
Council
Amend Rule R122 to
clarify that this rule does
not apply to stormwater
networks. or
Amend the definition of
‘highly modified river or
stream’ to clarify that it
excludes stormwater
networks’.
Wellington Water Ltd (O)
Rangitāne (O)
NZ Transport Agency (S)
Federated Farmers of New
Zealand (S)
Kāpiti Coast District
Council (S)
A017/044 Rule R122:
Removing
vegetation
from the bed
of any river or
lake -
permitted
activity
NZ Transport
Agency
The trimming or removal
of vegetation (including
weeds) from the bed of
any river or
lake (excluding a drain or
highly modified river or
stream) and any
associated sediment or
bed material attached to
the roots of the vegetation
being removed, …
Wellington Water Ltd (S)
Rangitāne (O)
Porirua City Council (S)
Royal Forest and Bird
Protection Society (S)
Kainga Ora Homes and
Communities (S)
Related appeal points from other sub-topics
66 There are no other appeal points directly connected to this appeal point.
Summary of decision
67 The Decision added the clause '(excluding a drain or highly modified river or stream)' to the
preamble for Rule R122 to clarify that removal of vegetation from these types of
watercourses is addressed by Rule R121.
5755083.3 26
Changes since the decision and outcome of direct discussions
68 There are no clause 16 changes relevant to this appeal point.
Council position
69 The Council agrees with NZTA that the clause '(excluding a drain or highly modified river
or stream)' is not needed within Rule R122, especially if amendments to the definition of
drain are accepted, clarifying that this term only applies only to artificial watercourses
which are not subject to the beds of lakes and rivers rules of the proposed Plan. In addition,
this clause would otherwise preclude the removal of vegetation only from a highly
modified river or stream being undertaken under Rule R122; which is not intended.
70 It is unclear why appellants request that 'water races' be excluded from Rule R122 as water
races can often include a complex mix of watercourse types, including reaches that are
unmodified rivers and streams and are therefore subject to RMA section 13 restrictions. If
these are excluded from Rule R122 then activities that disturb their bed will be need to be
managed under the catch-all discretionary Rule R129.
71 The Council supports exclusion of rivers and streams that form a part of a stormwater
network from Rule R122 as it will be most effective and efficient for local authorities to
manage these as part of the proposed new rules Rule R121A and R121B.
Outcomes from prior mediation topics of relevance
72 Nil of relevance.
Issues for discussion
73 Whether 'excluding a drain or highly modified river or stream' should be deleted from Rule
R122.
74 Whether changes to the preamble to Rule R122 are required to clarify the watercourses to
which the rule applies.
5755083.3 27
Issue 5: Method M14A: Mapping of drains and highly modified rivers and streams
GWRC
Appeal
point ref.
Provision Appellant Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A014/009 Method
M14A:
Mapping of
drains and
highly
modified
rivers and
streams
Masterton
District Council
Provide mapping to
clarify those watercourses
to which the Rules R121
and R122 apply.
Porirua City Council (S)
Royal Forest and Bird
Protection Society (O)
A021/009 Method
M14A:
Mapping of
drains and
highly
modified
rivers and
streams
South Wairarapa
District Council
Provide mapping to
clarify those watercourses
to which the relevant
rules apply.
Royal Forest and Bird
Protection Society (O)
A031/093 Method
M14A:
Mapping of
drains and
highly
modified
rivers and
streams
Wellington Water
Ltd
Method M14A is deleted. Federated Farmers of New
Zealand (N)
Horticulture New Zealand
(S)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
Kāpiti Coast District
Council (S)
Porirua City Council (S)
Related appeal points from other sub-topics
75 There are no other appeal points directly connected to this appeal point.
Summary of decision
76 The Decision added Method M14A to provide better clarity about watercourses that are
‘natural’, ‘highly modified’ or ‘artificial’ to assist with the implementation of Rules R121
and R122.
5755083.3 28
Changes since the decision and outcome of direct discussions
77 There are no clause 16 changes relevant to this appeal point.
78 Council appreciates the level of confusion around the definitions of the different waterbody
types managed under Rule R121 as compared to Rule R122, and has prepared the following
package of information to support the implementation of these rules and the uptake of good
maintenance practices:
78.1 a set of GIS property-scale maps that map watercourses as either highly modified
or natural streams within lowland parts of the region with a high concentration of
highly modified waterways;
http://gwrc.maps.arcgis.com/apps/webappviewer/index.html?id=87a85d0ad2a349
3fbeccb789eac79773
78.2 a watercourse classification document to assist identification of watercourse type
(attached separately);
78.3 good management practice guidelines for the mechanical maintenance of
waterways (attached separately);
79 The Council has completed the mapping exercise set out in Method M14A, identifying
watercourses as either highly modified or natural steams within those lowland parts of the
region that have a high concentration of highly modified waterways. Given the cost of this
exercise, the Council has deemed further mapping at a property-scale across the region to
be not cost-effective and notes that Method 14A does not require mapping across the entire
Region. The watercourse classification document prepared by the Council provides
guidance in areas which have not been mapped and Council staff are available to assist any
landowners who request further assistance.
Council position
80 The Council position remains unchanged from the decision because mapping of
watercourses in those parts of the region with a high density of highly modified
watercourses has now been completed at a property-scale and is available on Council’s GIS
web viewer (see link above). This information is provided in an advisory capacity to assist
landowners to identify whether they are able to use Rule R121 to maintain watercourses on
their property and it is not intended that this GIS layer form part of the maps within the
proposed Plan.
81 Further, the key concern of the district councils is that the definitions and/or Rule R121 be
redrafted so that local authorities can carry out stream maintenance works as a Permitted
Activity. This matter is addressed in Issue 2 above – as noted, the Council’s position is that
the scale and potential adverse effects of these works is too great to be contemplated as a
permitted activity. As part of a resource consent application local authorities will need to
prepare a map(s) identifying the affected watercourses and their values as a core
5755083.3 29
component. The Council can provide information and advice to support this work, but does
not consider that this mapping work needs to form part of the proposed Plan.
82 As a minor matter of clarification, Council notes that reference in Method 14(c) to ‘good
management practice’ should be bolded as this term is defined in the proposed Plan and
proposes this change under RMA, Schedule 1, Clause 16.
The aim of this programme is to: …
(c) identify and support the uptake of good management practice maintenance
activities for drains and highly modified rivers or streams.
Outcomes from prior mediation topics of relevance
83 Nil of relevance.
Issues for discussion
84 Any concerns related to the maps prepared under Method M14A given:
84.1 that these maps have now been prepared,
84.2 clarification that the purpose of these maps is to provide guidance to individual
landowners as to application of Rule R121,
84.3 clarification that it is not intended to incorporate these maps into the proposed
Plan.
5755083.3 30
APPENDIX 1 - RELEVANT PROVISIONS (DECISIONS VERSION - WITH CLAUSE 16
CHANGES). MEDIATION AMENDMENTS SHOWN IN RED TEXT
Drain Any artificial watercourse, open or piped watercourse, designed and constructed
for the purpose of land drainage of surface or subsurface water. Channels designed
and constructed to convey water only during rainfall events and which do not
convey or retain water at other times are excluded from this definition.
Only for the purpose of Rule R121 (drain clearance) a drain also includes a highly
modified watercourse or river and is channelled to such an extent that it has the
characteristics of a farm drainage canal.
Note:
For the avoidance of doubt, channels or swales that only convey water during or
immediately following rainfall events are not drains.
Many watercourses that are considered to be drains are natural watercourses that
have been highly modified, often over many decades, and include channels dug to
drain natural wetlands.
Highly modified
river or stream
For the purposes of Rule R121 only, means a river or stream that has been modified
and channelled for the purpose of land drainage of surface or sub-surface water and
has the following characteristics: to the extent that it has the characteristics of (in
form or function) an artificial farm drainage canal. For the purposes of this
definition, the characteristics of a farm drainage canal are considered to include
that;
• it has been channelled into a single flow, and
• the channel has been straightened is straight, with no ‘natural curves’, and
• the channel is mechanically formed with straight or steeply angled banks, and
• it is maintained to keep the water table at least 0.3m below the root zone of the
surrounding pasture, and
• that it exhibits these characteristics for at least its entire length through the
property in which the activity is being carried out watercourse is being
assessed. and
• it is not managed as part of a stormwater network and is not a water race.
Note:
For the avoidance of doubt, this definition does not include channels or swales that
only convey water during, or immediately after rainfall events, or water races and
the stormwater network are not Highly modified rivers or streams.
Rule R121: Maintenance of drains and highly modified rivers or streams within an
individual property– permitted activity
The removal of vegetation or bed material and associated sediment from any
farm drain or any highly modified river or stream within an individual
property, excluding any drain or highly modified river or stream that is
5755083.3 31
managed as part of a stormwater network or that is a water race, including any
associated:
(a) disturbance of the drain bed, and
(b) deposition on the drain bed, and
(c) diversion of water in the drain, and
(d) discharge of sediment to water
is a permitted activity, provided the following conditions are met:
(e) the activity shall comply with the beds of lakes and rivers general conditions
specified above in Section 5.5.4, except condition (g) (sediment condition),
with all reference to a river or lake being read to also include drain (as well
as a highly modified river or stream) artificial farm drainage canal, and
(f) any works to alter the depth or width of a drain or highly modified river or
stream shall not excavate any deeper or wider than the original grade or cross
section of the drain channel, unless the widening or deepening is for the
purpose of constructing or maintaining a sediment retention trap or a fish
refuge bay, and
(g) an intact vegetation cover (excluding weeds) shall be retained on the banks
of the watercourse, and
(g) if mechanically clearing aquatic vegetation, the machinery must use a weed
bucket with a curved flat base, and a slatted back that permits the easy
drainage of water and fish back into the drain, and
(h) any fish (except identified pest species), kākahi and kōura removed from the
drain or highly modified river or stream during maintenance works shall
be returned to the drain or highly modified river or stream at a site
upstream of the works as soon as practicable, and no later than one hour after
its removal from the drain, and
(i) any sediment, or bed or plant material removed from the drain or highly
modified river or stream shall be placed and spread on adjoining land in
such a way that it cannot slump and be washed back into the drains, or highly
modified river or stream or other waterbodies, including wetlands, and
(j) two years after the date of public notification of the Proposed Natural
Resources Plan (31.07.2015), where the activity involves the mechanical
clearance of a drain, if mechanically clearing, to provide fish refuge areas,
either:
only one side of the drain or highly modified river or stream shall
be cleared at any one time, and the other side of the drain may only
5755083.3 32
be cleared at least three months following completion of the initial
works, or
(ii) only the middle of the drain shall be cleared, and an uncleared
margin of at least 30% of the width of the drain, but no less than
0.3m, shall be left uncleared on each side of the drain, and if
clearing both sides of the drain or highly modified river or stream,
for every 200m length of drain or highly modified river or stream
cleared either:
1. at least a 10m length of intact aquatic vegetation cover is
retained (and may not be cleared for at least three months),
or
2. a constructed fish refuge that is at least 1m2 is provided,
and
(k) where the activity involves the mechanical clearance of a drain, the activity
shall commence at the most upstream point of the length of drain to be
cleared and move downstream, and sediment shall be trapped at the
downstream end of the cleared reach by either installing a sediment trap or a
sediment retention device, or retaining a length of intact aquatic vegetation
that is at least 10m in length until, at least:
(i) the end of each working day where the reach has been cleared
working upstream, or
(ii) otherwise the end of the following working day.
(l) any maintenance works in the bed of a drain shall not remove any woody
debris with a diameter greater than 0.2m from the drain unless it is causing,
or has the potential to cause a flood or erosion threat, or a threat to
infrastructure.
Note
The application of agrichemicals over surface water bodies or over lake or river
beds is covered in Section 5.1.13.
Cleaning and inspection of all equipment, machinery, or operating plant may be
required under the Biosecurity Act 1993 to prevent the spread of 'pests' or 'unwanted
organisms'.
Rule R122: Removing vegetation from the bed of any river or lake – permitted
activity
The trimming or removal of vegetation (including weeds) from the bed of any river or
lake (excluding a drain or highly modified river or stream) and any associated
sediment or bed material attached to the roots of the vegetation being removed,
excluding activities regulated by the Resource Management (National Environmental
5755083.3 33
Standards for Plantation Forestry) Regulations 2017 except general condition
5.5.4(n)), including any associated:
(a) disturbance of the lake or river bed, and
(b) deposition on the lake or river bed, and
(c) diversion of water, and
(d) discharge of sediment to water
is a permitted activity, provided the following conditions are met:
(e) the activity shall comply with the beds of lakes and rivers general conditions
specified above in Section 5.5.4, and
(f) in any part of a river bed identified in Schedule F2a (birds-rivers) or Schedule
F2b (birds-lakes) vegetation removal shall not occur during the critical period
identified in Schedule F2a (birds-rivers) or Schedule F2b (birds-lakes) if the
named birds are identified at the work site, and
(f) the activity shall not cause any increase in flooding on neighboring
properties, and
(h) if mechanically clearing aquatic vegetation from an area of river or lake bed
covered in water, the machinery must use a weed bucket with a curved flat
base and a slatted back that permits the easy drainage of water and fish, and
(g) any fish (except identified pest species), kākahi and kōura removed from the
river or lake bed during maintenance works shall be returned to the river or
lake at a site upstream of the works as soon as practicable, and no later than
one hour after removal, and
(h) floating debris and plant material shall be prevented from drifting away and
causing obstructions to the river or lake bed, or spreading pest plants (as listed
in the Greater Wellington Regional Pest Management Strategy 2002-2022),
and
(k) where the activity involves the removal of an area of contiguous woody
vegetation from the banks of a river, that extends for a length of river bed of
greater than 100m, either:
(i) a length of river bed of 10m shall be left with intact woody vegetation as
a refuge area for every 200m of cleared river bed. The vegetation in
the refuge area must be left for at least three months following
completion of the main works, or
(ii) where there is contiguous woody vegetation on both sides of the
banks of the river, vegetation is only removed from one side of the
5755083.3 34
river, and the vegetation is not removed from the opposite for a
period of 12 months,
(i) where the activity involves the mechanical clearance of aquatic vegetation
from a river, to provide fish refuge areas either:
(i) only one side of the river shall be cleared at any one time, and the
other side may only be cleared at least three months following
completion of the initial works, or
(ii) only the middle of the river shall be cleared, and an uncleared
margin of at least 30% of the width, but no less than 0.3m, shall be
left uncleared on each side, and if clearing both sides of the river,
for every 200m length of watercourse cleared at least a 10m length
of intact aquatic vegetation cover is retained (and may not be cleared
for at least three months), and.
(m) any clearance works in the bed of a river or lake shall not remove any woody
debris with a diameter greater than 0.2m unless it is causing, or has the
potential to cause a flood or erosion threat, or a threat to infrastructure, and
(j) no excavation of the bed, or widening or deepening of the bed is permitted
by this rule.
Note
The spray application of agrichemicals over water bodies or over river and lake beds
is covered in Section 5.1.13.
Condition (k) does not apply to lopping and cabling of willows for vegetative bank
edge protection works.
Cleaning and inspection of all equipment, machinery, or operating plant may be
required under the Biosecurity Act 1993 to prevent the spread of 'pests' or 'unwanted
organisms'.
General condition 5.5.4(n) prevails over the Resource Management (National
Environmental Standards for Plantation Forestry) Regulations 2017.
Method M14: Maintenance of drains and highly modified rivers or streams
Wellington Regional Council, in collaboration with landowners, industry, and other
relevant organisations and stakeholders, will develop and implement an education
programme, including good management practice guidelines, procedures and tools, in
collaboration with industry, other relevant organisations, and stakeholders to support
the implementation of Rule R121: Maintenance of drains and highly modified rivers
or streams and R122: Removing vegetation.
5755083.3 35
The aim of this programme is to:
(a) assist landowners and drain maintenance contractors to identify the different
types of waterways on a property (drains / highly modified rivers or
streams and unmodified rivers or streams), and be aware of their ecological
values, and
(b) reduce the extent and frequency of maintenance activities associated with
drains and highly modified rivers or streams, including by implementing
riparian and land management practices that minimise inputs of sediment and
nutrients to waterways, and
(c) identify and support the uptake of good management practice maintenance
activities for drains and highly modified rivers or streams.
Method M14A: Mapping of drains and highly modified rivers and streams
Wellington Regional Council will develop a map layer that identifies drains and
highly modified rivers or streams to assist with the implementation of Rules R121
and R122 by 30 June 2019.
Policy P7: Uses of land and water
The cultural, social and economic benefits of using land and water for:
(a) aquaculture, and
(b) treatment, dilution and disposal of wastewater and stormwater, and
(c) industrial processes and commercial uses of associated with the potable that rely on the
municipal water supply network, and
(d) community and domestic water supply, and
(e) electricity generation, and
(f) food production and harvesting (including aquaculture), and
(g) gravel extraction from rivers for flood protection and control purposes, and
(h) irrigation and stock water, and
(i) firefighting (emergency or training purposes), and
(j) contact recreation and Māori customary use, and
(k) transportation, including along, across, and access to, water bodies, and
(l) enabling urban development where it maintains the quality of the natural environment,
and
(m) waste management facilities.
5755083.3 36
shall be recognised.
Policy P8: Beneficial activities
The following activities are recognised as beneficial and generally appropriate:
(a) activities for the purpose of restoring natural character, aquatic ecosystem health,
mahinga kai, outstanding water bodies, sites with significant mana whenua values, and
sites with significant indigenous biodiversity values, and
(b) activities that restore natural features such as beaches, dunes or wetlands that can buffer
development from natural hazards, and
(c) day-lighting of piped streams, and
(d) removal of aquatic weeds, and pest plants and animal pests, and
(e) the establishment of river crossings (culverts and bridges) or fences and fence structures
that will result in the exclusion of regular livestock access from a water body, and
(f) the retirement, fencing and planting and management of riparian margins, and
(g) the retirement of erosion prone land from livestock access, and
(h) maintenance, and use and upgrade of existing structures in the coastal marine area,
natural wetlands and the beds of rivers and lakes (noting that Policy P35 will apply with
respect to fish passage), and
(i) removal of dangerous or derelict structures in the coastal marine area, natural wetlands
and beds of lakes and rivers, and
(j) structures necessary to provide for monitoring resource use or the state of the
environment in the coastal marine area, natural wetlands and beds of lakes and rivers,
and
(k) activities structures necessary to maintain safe navigation, and
(l) artworks that support and enhance public open space.
Policy P15: Flood protection activities
The use, maintenance and ongoing operation of existing catchment based flood and
erosion hazard risk management activities which manage the hazard risk of
flooding to people, property, infrastructure and communities are beneficial and
generally appropriate provided for.
5755083.3 37
APPENDIX 2: PROVISIONS DRAFTED ON BEHALF OF WELLINGTON WATER,
MASTERTON DISTRICT COUNCIL, CARTERTON DISTRICT COUNCIL, AND
SOUTH WAIRARAPA DISTRICT COUNCIL
New Policy PXX: Prevention and management of inundation hazards
The management, use and maintenance of existing drains and rivers (including drains and
rivers in the coastal marine area) to prevent and mitigate inundation hazards is provided for,
recognising:
(a) the diverse values held by the community for drains and rivers,
(b) the necessity of temporary minor adverse effects in achieving wider catchment
management benefits,
(c) the need to enhance the long term overall ecosystem health of rivers and streams,
(d) and the need for an integrated whaitua approach.
New Rule 121A:
The management, use and maintenance of existing drains and rivers (including drains and
rivers in the coastal marine area) to prevent and mitigate inundation hazards, including any
activities within any site listed in Schedule C (sites of significance to mana whenua values),
Schedule E (Historic Heritage), Schedule F (significant indigenous biodiversity) and any
associated:
(a) disturbance of the bed, and
(b) deposition on the bed, and
(c) diversion of water, and
(d) removal of vegetation, and
(e) discharge of sediment to water
is a controlled activity, provided the following condition is met:
(f) the activities are stipulated in and carried out in accordance with a Code of Practice that
addresses the following matters of control.
Matters of control
1. The frequency and duration of the proposed activities;
2. The methods to be adopted to manage temporary adverse effects so as to minimise
significant adverse long term or more than minor adverse cumulative effects;
3. Adaptive management towards catchment-wide improvement;
4. Management of areas of significant indigenous biodiversity identified in Schedule
F;
5755083.3 38
5. Protection of the significant values of sites having significant mana whenua values
identified in Schedule C;
6. Management of significant historic heritage values identified in Schedule E
7. The management of diversions of water;
8. Monitoring and reporting of the effects of the activity(ies);
9. Avoidance of discharge of contaminants from machinery;
10. The management of material extracted from the bed;
11. Management of public access and public safety;
Notification
In respect of Rule R121A, applications are precluded from public notification (unless special
circumstances apply).
5755083.3 39
APPENDIX 3: REWORKED POLICY, RULE AND SCHEDULE PROPOSED BY
GREATER WELLINGTON REGIONAL COUNCIL
Policy P15: Flood protection activities
The use, maintenance and ongoing operation of existing catchment based flood and erosion
hazard risk management activities, and activities which remove aquatic vegetation and/or
accumulated sediment from the bed of a river, to which manage the hazard risk of flooding
to people, property, infrastructure and communities are provided for.
P103A Removal of aquatic vegetation and/or accumulated sediment
The removal of aquatic vegetation and/or accumulated sediment from the bed of a river to
manage the hazard risk of flooding to people, property, infrastructure and communities
shall be managed so that:
(a) the extent and frequency of this activity is minimised over time, and
(b) the activity avoids times of the year when adverse effects on aquatic species may be
more significant, and
(c) good management practices are implemented, and
(d) the entrapment and stranding of fish, kōura and kakahi is avoided as far as possible,
and recovery and return is conducted, and
(e) the effects on aquatic ecosystem health and mahinga kai, contact recreation and
Māori customary use are monitored and an adaptive management approach is used
to address any adverse effects, including cumulative adverse effects, that are more
than minor in order to achieve a catchment-wide improvement in these values.
Rule R121A: Removal of aquatic vegetation and/or accumulated sediment from the bed of any river by a local authority – permitted activity
The removal of aquatic vegetation and/or accumulated sediment from the bed of a river
by a local authority to manage the hazard risk of flooding to people, property,
infrastructure and communities, including any associated:
(a) disturbance of the bed, and
(b) deposition on the bed, and
(c) diversion of water, and
5755083.3 40
(d) discharge of sediment to water
is a permitted activity until 30 June 2022, provided the following conditions are met:
(e) a map identifying the waterbodies within which the local authority will be undertaking
these activities is provided to Greater Wellington Regional Council by 30 June 2021,
and
(f) the conditions of Rule R121 are met.
Rule R121B: Removal of aquatic vegetation and/or accumulated sediment from the bed of any river by a local authority – restricted discretionary activity
The removal of aquatic vegetation and/or accumulated sediment from the bed of a river
by a local authority to manage the hazard risk of flooding to people, property,
infrastructure and communities, including any associated:
(a) disturbance of the bed, and
(b) deposition on the bed, and
(c) diversion of water, and
(d) discharge of sediment to water
is a restricted discretionary activity, provided the following condition is met:
(e) the resource consent application includes a vegetation and sediment removal
management plan4 in accordance with Schedule X (Vegetation and sediment
removal plan )
Matters for discretion
1. The contents and implementation of the vegetation and sediment removal
management plan in accordance with Schedule x
2. Management of adverse effects, including cumulative effects, on aquatic ecosystem
health and mahinga kai, contact recreation and Māori customary use
3. Management of adverse effects on sites identified in Schedule A (outstanding water
bodies), Schedule C (mana whenua), and Schedule F (indigenous biodiversity)
4 A vegetation and sediment removal management plan is an operational document that describes how the removal of
aquatic vegetation and/or accumulated sediment from the bed of a river by a local authority will be managed in accordance
with any relevant objectives and policies identified in the Plan.
5755083.3 41
Notification
In respect of Rule R121B, applications are precluded from public notification (unless special
circumstances exist) and are precluded from limited notification, except if works affect sites
within Schedule C.
SCHEDULE X: VEGETATION AND SEDIMENT REMOVAL MANAGEMENT PLAN
The detail of a vegetation and sediment removal management plan shall correspond to the
values identified for the river, or specific reaches of the river, the scale of the river reaches that
are being managed, and the potential adverse effects on the values of the river arising from the
vegetation and sediment removal activities. Where a Code of Practice or other Environmental
Management Plan is already in place, details do not need to be repeated in this plan and should
accompany any resource consent application.
A vegetation and sediment removal management plan shall:
Management outcomes
(a) describe the outcomes sought by carrying out the vegetation and sediment removal
works, and
Catchment characteristics & risk assessment
(c) include maps and descriptions of the relevant rivers, including identifying any sites
listed in Schedule A (outstanding water bodies), Schedule B (Ngā Taonga Nui a
Kiwa), Schedule C (mana whenua), and Schedule F (indigenous biodiversity), and
their significant values; and
(d) identify the values associated with the relevant rivers, including the species present,
or potentially present, and
(e) identify the key risks to these values (potential adverse effects) as a result of the
proposed vegetation and sediment removal activities, and
(f) prioritise all rivers, or reaches of rivers, covered by the consent for implementation
actions or mitigation measures to maintain or improve the aquatic ecosystem health
and mahinga kai, contact recreation and Māori customary use values, and
Management outcomes/approach
(g) describe the approach that will be taken over time to minimise the extent and
frequency of the vegetation and sediment removal activities, so that they are carried
out only when necessary, and
5755083.3 42
A Code of Practice
(h) describe how vegetation and sediment removal activities will be managed in
accordance with good management practices to minimise adverse effects, including:
i. measures to minimise sediment disturbance and control sediment movement
ii. measures to retain the cross-section of the channel and vegetation on the
banks
iii. measures to minimise the discharge of any contaminants to water or the bed
of the river
iv. measures to identify the aquatic species present, or potentially present, at the
times that works are scheduled
v. measures to maintain habitat diversity, quality and availability during the
maintenance activities.
vi. timing the activity to avoid critical breeding and migration times for the indigenous
birds, inanga and trout present in the catchment, and
vii. measures to minimise the effects on fish, kakahi, kōura and birds
viii. a fish, kākahi and koura management and recovery plan that describes the methods
to be used to avoid/minimise the entrapment and stranding of fish, kākahi and kōura
and to recover and return any relocated from the works area to the waterway.
ix. measures to manage spoil to ensure that it does not re-enter the waterway
x. measures to manage adverse effects on the significant values of any sites identified
in Schedule A (outstanding water bodies), Schedule C (mana whenua), and Schedule
F (indigenous biodiversity), and details of consultation undertaken with mana
whenua for any sites within Schedule C
xi. measures to manage other adverse effects, including cumulative effects, on aquatic
ecosystem health and mahinga kai, contact recreation and Māori customary use, and
Monitoring, Review and Reporting
(i) describe the methods and monitoring that will be carried out to identify the effects of
the vegetation and sediment removal activities on aquatic ecosystem health and
mahinga kai, contact recreation and Māori customary use, and the significant values
of any sites identified in Schedule A, Schedule B (Ngā Taonga Nui a Kiwa), Schedule
C (Mana whenua) or Schedule F (indigenous biodiversity). The extent of monitoring
required will correspond with the values of the sites and risk of adverse effects on
those values, and
(j) set out the process to be used to report on the monitoring results, and
(k) describe adaptive management approaches to be used to address any adverse effects,
including cumulative adverse effects, that are more than minor, and incorporate the
latest good management practice guidance into the vegetation and sediment removal
management plan, in order to achieve a catchment-wide improvement in these values
and
5755083.3 43
A vegetation and sediment removal management plan shall be reviewed within six months
of the 10th anniversary of the date of granting the consent, or within another timeframe as
agreed to by the Manager, Environmental Regulation, by a suitably qualified and experienced
practitioner to assess the activity against the scope of the consent and investigate whether the
operation of the activity conforms with currently accepted good management practice (at that
time).
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