7. Policies
Objectives 1 - 5 will be achieved through the following policies [Each policy is accompanied by a cross-reference to the objective(s) to which that policy principally relates.] :
Catchment-wide policies
Policy on a whole-catchment approach
Policy 1
Cross-ref: Objective 1
By recognising the importance of connectedness between all parts of the catchment from the mountains to the sea and between all parts of freshwater systems of the Waitaki River and associated beds, banks, margins, tributaries, islands, lakes, wetlands and aquifers.
Explanation
The Waitaki catchment is large and complex. This policy recognises the importance of taking a whole-catchment "mountains to the sea" approach to water allocation in the catchment - an approach that recognises the physical, ecological, cultural and social connections throughout the catchment.
Policies on environmental flow and level regimes
Policy 2
Cross-ref: Objective 1
By recognising that the following water bodies have a high natural character worthy of a high level of protection, because they are currently either in largely unmodified parts of the catchment; or contain rare or important species and habitat or habitat assemblages:
a. tributaries of Lakes Tekapo, Pūkaki and Ōhau;
b. mainstems and tributaries of Fork Stream, Irishman Creek and Mary Burn, upstream of the Braemar Road;
c. mainstem and tributaries of the Twizel River, upstream of the Pūkaki Canal;
d. wetlands with a moderate or higher significance throughout the catchment;
e. Lakes Alexandrina, McGregor and Middleton and their tributaries and other lakes upstream of Lakes Tekapo, Pūkaki and Ōhau.
Explanation
This policy recognises that there are some parts of the catchment where the water bodies should be managed as far as possible to retain their high natural character and are, therefore, afforded a high level of protection in this Plan. This is consistent with provisions of the Canterbury Regional Policy Statement (Chapter 9 Policy 4) regarding the identification of any water bodies that should be sustained as far as possible in their natural state.
Policy 3
Cross-ref: Objectives 1 and 2
By setting environmental flow and level regimes in the water bodies of the Waitaki catchment (other than those identified in Policy 2) that enable access to water for the activities identified in Objective 2, to the extent consistent with Objective 1.
Policy 4
Cross-ref: Objectives 1 and 2
By considering the following matters when setting environmental flow and level regimes:
a. mauri and healthy ecosystems of indigenous species, including mahinga kai species;
b. wāhi tapu sites or areas, and wāhi taonga;
c. natural character, landscape, and visual amenity;
d. vegetation within and adjacent to the water body;
e. habitats including those of invertebrates, birds and fish;
f. fish passage, as appropriate, including controlling spread of non-indigenous species into new areas;
g. undesirable periphyton and sediment accumulation;
h. effects on water quality;
i. maintenance of groundwater flows;
j. naturally occurring dry river or stream beds;
k. the potential for establishment of invading exotic vegetation;
l. bedload and sediment transport processes;
m. shoreline or bank erosion;
n. functioning of the river mouth;
o. recreation opportunities;
p. existing flow and level regimes, physical resources and activities;
q. the amount and reliability of water that can be taken, used, dammed or diverted; and
r. accessibility to water bodies and their margins.
Policy 5
Cross-ref: Objectives 1 and 2
By considering the following additional matters when setting groundwater flow and level regimes:
a. any surface water body into which the groundwater flows, in particular wetlands and springs;
b. the long-term water level and/or artesian pressure in each aquifer;
c. the location of the salt-water interface;
d. the potential for deterioration in water quality through water loss from one aquifer to another as a result of cross-connection and/or reversed pressure gradients between aquifers; and
e. the potential for land subsidence.
Explanation for Policies 3 - 5
The range of components that may make up the environmental flow and level regime in any particular instance include flow-sharing, allocation limits, flushing flows and minimum flows and levels.
The minimum flows set in this Plan are predominantly set at the bottom end of a catchment or sub-catchment. For most rivers, the exact monitoring site is not set in this Plan thus allowing some flexibility to choose the most appropriate monitoring site given the physical conditions at the locality. If a monitoring site is significantly upstream the consent authority will need to adjust for any tributary inflows or losses between the recorder and the downstream location where the minimum flow is to be achieved. As part of implementing the environmental flow and level regimes, the consent authority could also establish minimum flows on tributaries or at a point of take as a means to ensure compliance with the downstream flows set in this Plan. The details of implementing the environmental flow and level regimes of this Plan in a consistent way throughout a sub-catchment are not addressed in this Plan, but will be matters for consideration through the resource consent process.
Policies 4 and 5 identify the matters considered when setting environmental flow and level regimes and these should be addressed when considering any application for a resource consent that is a non-complying activity in respect of the environmental flow and level regimes established in this Plan. Because the Plan does not set environmental flow and level regimes for groundwater (other than that covered by Policy 6), applications to take or use groundwater will be considered against Policy 4 and 5.
The environmental flow and level regimes for specific water bodies are further addressed in the locality-specific policies below and in the rules. In some cases, locality-specific policies recognise a particular value that is important when setting the regime for a water body.
Policy 6
Cross-ref: Objectives 1 and 2
To recognise the close connection between groundwater and surface water in some locations, by requiring any take, use or diversion of:
a. connected groundwater;
b. shallow groundwater upstream of Lake Benmore; and
c. shallow groundwater in the Hakataramea and Maerewhenua catchments
to comply with environmental flow and level regimes set for the relevant surface water body.
Explanation
This policy recognises that abstraction of groundwater can alter surface water flows both by drawing water from adjacent streams and rivers (connected groundwater), and by reducing flows to surface water and springs at the point where groundwater would naturally emerge which may be some kilometres away. In the upper catchment (upstream of Lake Benmore) and the Maerewhenua and Hakataramea catchments, rivers both gain and lose water to groundwater along their length. Subsequent rules that give effect to this policy require that all groundwater taken above Lake Benmore or in the Hakataramea or Maerewhenua catchments where the average depth to groundwater is less than 10 metres (shallow groundwater) is to be considered within the environmental flow regime for the surface water body to which it contributes flow.
Policy 7
Cross-ref: Objectives 1, 2 and 3
In considering whether to grant or refuse consent to take, dam, divert or use water from streams where the mean annual low flow is less than 100 litres per second, the consent authority will have regard to whether there are alternative locations for the activity on larger water bodies.
Explanation
This policy seeks to discourage taking water from very small streams when there is a viable alternative. The ecological values of these streams are often uncertain and this policy provides for a cautious approach to altering their flow.
Policy 8
Cross-ref: Objectives 1, 2 and 3
By promoting water harvesting, outside of the water bodies identified in Policy 2, as a means of capturing water for use when flows are low by allowing the taking, damming or diversion of water at flows in the water body that are above the mean and in a manner that avoids or mitigates the loss of physical and ecological benefits of high flow events.
Explanation
In parts of the catchment, there is insufficient water to reliably meet all current and reasonably foreseeable demands. There may be opportunities for capturing a portion of high flows within a catchment and storing the water for use when flows are low (ie water harvesting). This policy recognises the potential value of such measures, and the value of retaining downstream flow variability. It is given effect to by provisions within the environmental flow and level regimes.
Policy on the mixing of waters
Policy 9
Cross-ref: Objective 1
(1) By discouraging further [That is, other than that authorised by resource consents that are in effect on the date this plan becomes operative.] taking, use or diverting of water so that it mixes with water of another catchment or sub-catchment.
(2) The adverse effects of taking, use or diverting of water so that it mixes with water of another catchment or sub-catchment may be mitigated:
a. if the mixing has no significant adverse effect on the ability of people and communities (including tāngata whenua) to provide for their cultural wellbeing.
b. if the water taken, used or diverted passes through earth before it mixes with water of another catchment or sub-catchment.
c. if there is no significant adverse effect on the quality, amenity values or natural character of any receiving water body in the Waitaki catchment.
d. if there is no significant risk of an undesirable organism being introduced into a receiving water body that is in the Waitaki catchment.
Explanation
This policy recognises that there can be adverse cultural or ecological effects of water of one catchment (or sub-catchment) being mixed with water of another catchment or sub-catchment; and discourages taking, use or diversion so that it mixes and those effects may occur. Applicants for consent should identify, and consent authorities should consider, whether any of the stated effects of mixing might occur as a result of any proposal to take, use or divert water, and if so, establish whether the taking, use or diversion can be managed so that the adverse effect is not significant.
The potential effect of the mixing of waters is generally likely to be greater when water of one catchment mixes with water of another catchment, than when water of sub-catchments of the same catchment mixes. The policy does not affect taking, use or diversion of water except where water of one catchment (or sub-catchment) mixes with water of another catchment (or sub-catchment). The adverse effects of taking, using or diverting water that is applied to land so that it seeps into the earth and subsequently mixes with water may be mitigated by the cleansing effect of passing through the earth.
The policy recognises that currently water is taken, used or diverted so that it mixes with water of another catchment or sub-catchment. The policy applies only to new proposals, and is not intended to affect those currently authorised by resource consents during their current terms. However after a current consent expires, a consent authority considering an application for a replacement consent should have regard to the extent to which the proposal gives effect to this policy.Policies on the allocation to activities
Policy 10
Cross-ref: Objectives 2 and 3
By enabling small amounts of water to be taken or diverted, outside of the water bodies identified in Policy 2, where singly and cumulatively with other such takes or diversions, the amounts are so small that the effects on the matters outlined in Policy 4 and 5 will be minor.
Explanation
Outside of the water bodies identified as needing a high level of protection to preserve their high natural character, this policy recognises that there are some water uses that are of sufficiently minor effect that they can occur without significant adverse effects. These can be permitted without requiring a resource consent for each take or diversion.
This policy and the associated rules do not apply to the taking and using of freshwater for an individual's reasonable domestic needs and the reasonable needs of an individual's animals for stock water. These takes and uses under section 14(3)(b) of the RMA do not require a resource consent if the taking or use does not, or is not likely to, have an adverse effect on the environment. Water for fire-fighting can be taken and used without resource consent. Rule 1 which implements this policy substantially mirrors the quantity of water permitted to be taken by the Canterbury Transitional Regional Plan.
Policy 11
Cross-ref: Objectives 2 and 3
In considering effects when allocating to activities under the provisions of this Plan:
a. Tāngata whenua values are those held by Ngāi Tahu [Refer definition in Section 10] .
b. national effects refer to those that arise within New Zealand.
c. local effects refer to those that arise in the Mackenzie District, the Waimate District and the Waitaki District.
Explanation
This policy presents the scope of effects as they apply to this Plan. Part (a) reflects the Ngāi Tahu Claims Settlement Act 1998 which recognises the mana of Ngāi Tahu in relation to a range of sites and areas in the South Island. Effects are considered from both national and local perspectives. It is recognised that local social and economic effects are likely to extend beyond the catchment boundary, and will vary unevenly with distance, depending on the circumstances of each case. For the purpose of this Plan however it is necessary to define the scope of local effects considered in order to define the basis of assessment, and this is provided in part (c) of this policy.
Policy 12
Cross-ref: Objectives 1, 2, 3, 4 and 5
To establish an allocation to each of the activities listed in Objective 2 by:
a. having regard to the likely national and local effects of those activities;
b. reference to relevant national, regional and local plans and strategies;
c. recognising the iconic nature of Lakes Tekapo, Pūkaki and Ōhau;
d. recognising the importance of Lakes Tekapo, Pūkaki, Ōhau Ruataniwha, Benmore, Aviemore and Waitaki and their associated infrastructure to New Zealand's electricity system;
e. recognising the importance of irrigation for agriculture and horticulture;
f. considering the relative environmental effects of the activities including effects on landscape, water quality, mauri, and the beds of lakes and rivers;
g. assuming a high level of efficacy and technical efficiency;
h. giving a preference to needs for water within the catchment; and
i. expressing the allocation to activities in annual volumes:
- upstream of the outlets of each of Lakes Tekapo, Pūkaki, and Ōhau;
- upstream of Waitaki Dam;
- downstream of Waitaki Dam but upstream of Black Point; and
- downstream of Waitaki Dam but downstream of Black Point.
Explanation
One of the requirements of the Waitaki Act is that this Plan must provide for the allocation of water to activities. This policy describes the approach used to make allocations among the activities set out in Objective 2. These allocations apply, at the point that water is taken, to new and replacement consents from all water bodies including canals, and will require all consents to specify an annual volume. Any activity that falls outside the annual allocations set under this policy in Rule 6 will be a non-complying activity and must demonstrate the effect of granting the consent on the entitlements to other activities over the timeframe of the consent. Except as provided for under Policy 10, applications for resource consents are still required for taking or diverting water within the annual allocation volumes. These applications are subject to the other provisions of this Plan, and to the consideration of effects under the resource consent processes.
Policy 13
Cross-ref: Objectives 1, 2, 3 and 4
In considering whether to grant or refuse consent to take, divert, dam or use water allocated to agricultural and horticultural activities, the consent authority will have regard to the extent to which exercise of the consent could result in the water quality objectives in the Natural Resources Regional Plan not being achieved.
Explanation
This policy recognises the importance of water quality considerations when allocating water to agricultural and horticultural activities and, in particular, to irrigation. The intensification of land use, including that arising from irrigation, increases the potential for adverse effects on water quality. The Waitaki catchment has some sensitive and pristine water bodies that have not, to date, had intensive land uses in their catchments. This policy links to the Natural Resources Regional Plan water quality chapter to ensure these matters are considered when deciding consents.
Policy 14
Cross-ref: Objectives 2 and 3
In considering whether to grant or refuse consents to take, divert or use water outside of the Waitaki catchment, the consent authority will have regard to the extent to which granting consent will reduce the availability of water to current and reasonably foreseeable in-catchment needs.
Explanation
In parts of the catchment there is insufficient water to reliably meet all current and future demands. This policy places a primacy on demands for water within the catchment by providing for current and projected in-catchment needs for water to be considered before a consent authority decides whether or not to grant applications to take water out of the catchment. The policy does not preclude the grant of applications for out-of-catchment use, but provides for consideration of likely in-catchment needs when considering such applications. Policy 9 concerning the mixing of waters may also be relevant to the consideration of such applications.
Policies on efficient and effective use
Policy 15
Cross-ref: Objectives 1, 2, 3 and 4
By ensuring that the rate of abstraction and the annual volume of resource consents for taking, using, damming or diverting water are reasonable for the intended end use, and thereby avoiding significant wastage of water.
Policy 16
Cross-ref: Objective 4
By requiring resource consent applications for irrigation to meet a reasonable use test in relation to the instantaneous rate of abstraction and the annual volume of the proposal to take, use, dam or divert water, including:
a. consideration of land use and on-site physical factors such as soil water-holding capacity, climatic factors such as rainfall variability and potential evapotranspiration, and irrigation system operation and management.
b. consideration of an irrigation application efficiency of at least 80 percent. Where the resource consent application is for an irrigation system with a higher application efficiency, the higher efficiency will be used.
c. annual volumes based on either:
i) soil-moisture measurements, local rainfall and evapotranspiration modelling for the 1-in-5 year dry season (the year for which seasonal demand is exceeded in 20 percent of years); or
ii) the difference between peak total seasonal demand as shown in Table A1, Environment Canterbury Report UO5/15 and the effective summer rainfall exceeded 80 percent of the time from an approved rainfall site.
Policy 17
Cross-ref: Objective 4
By requiring resource consent applications for town and community water supplies or stock drinking-water supply systems to meet a reasonable use test in relation to the rate of abstraction and the volume of the proposal to take water, using as guidelines:
a. a volume of 300 litres per day per person based on the population to be supplied for domestic use;
b. daily stock drinking-water requirements in Table WQN26 and Table WQN27 of the Natural Resources Regional Plan; and
c. a reasonable quantity for other water uses supplied from the water supply system.
Policy 18
Cross-ref: Objective 4
By encouraging and, where appropriate, requiring the water allocation specified on existing resource consents to reflect the actual quantity needed to undertake the activity.
Policy 19
Cross-ref: Objective 4
By encouraging the piping or otherwise sealing of water distribution systems to minimise water losses and maintain the quality of water and, where appropriate, requiring their progressive upgrade and piping where there is an environmental and/or economic net benefit for so doing, but recognising that some may provide significant habitats.
Policy 20
Cross-ref: Objectives 2, 3 and 4
By promoting the integration of multiple uses of water.
Explanation for Policies 15 - 20
These policies provide for an efficient use of water so that the net benefits derived from its use are maximised, and waste minimised. Policy 15 provides a general policy for efficient use of water. Policy 16 establishes a reasonable use test for applications for resource consents for irrigation. Policy 17 establishes a reasonable use test for applications for resource consents for community and stock drinking-water supply systems. These policies are matters for discretion and do not prevent the consent authority considering other matters such as existing infrastructure, energy usage and financial costs alongside the matters listed in the policies.
Policies 18 and 19 encourage the enhancement of the technical efficiency of water use authorised by existing resource consents, and efficient distribution systems. These policies recognise that generally these uses will not formally be able to be subjected to the reasonable use tests of Policies 16 and 17 until their consents expire and they are the subject of applications for replacement consents, but that it is nevertheless desirable to enhance the efficiency of water use wherever practicable.
Policy 20 recognises that there are opportunities for the integrated multiple use of water that can enhance the efficiency of water use and the net benefits to be derived from its use.
There are no rules specifically associated with these policies. They provide matters of discretion when considering an application for a resource consent.
Policy on water metering
Policy 21
Cross-ref: Objectives 1, 2, 3, 4 and 5
By requiring the installation and use of water-measuring and recording devices that accurately record the taking, using, or diverting water at the point of take or diversion, with reporting to the Canterbury Regional Council. The consent authority will consider the application of this policy:
a. when resource consents are issued and given effect, (unless it is considered appropriate to install these at a later date);
b. when any resource consents are reviewed under section 128 of the Act;
c. when a resource consent is transferred; or
d. by invoking an existing condition of consent requiring measuring and recording upon request.
Explanation
The effective and efficient management of water requires relevant and timely information, and this policy requires the metering of taking, using, or diverting water. It provides for water metering that is accurate, and for the record to be reported to the regional council. The specific application of this policy (for example: type of meter, accuracy specifications, point of installation, reporting frequency and protocols) can be determined by the consent authority at the time a consent is granted, or at the other listed opportunities for implementing the policy.
Policy on the transfer of resource consents
Policy 22
Cross-ref: Objectives 2, 3 and 4
By facilitating the transfer of consents from one part of the catchment to another where this is consistent with the provision of this Plan, including being subject to the annual allocation to activities, environmental flow and level regimes and water metering.
Explanation
This policy provides for the transfer of a permit from one place to another provided that it complies with the provisions of this Plan. It must comply with the annual allocation to activities and the environmental flow and level regimes applicable to the area that it is transferred to, and be subject to water metering and the other provisions of this Plan. Rule 8 and Rules 22 to 24 state the scope of transfers that are provided for, and the matters to be controlled and considered by the consent authority.
The transfer of a water permit to a subsequent owner or occupier of the same site does not require approval, as it is allowed under section 136(1) of the RMA. It does, however require notice to be given to the consent authority. Sections 136(2) and 136(2A) of the RMA provide for the transfer of consents in whole or in part and for limited periods.
The change of the use or purpose of a resource consent is not treated as a transfer, and is subject to an application to change the consent under section 127 (where the change is to a consent condition), or otherwise, is subject to an application for a new resource consent.
Policies on restrictions during times of low water availability
Policy 23
Cross-ref: Objectives 1 and 5
By ensuring environmental flow and level regimes are complied with by requiring all consent holders to restrict their rate of taking or diverting shallowgroundwater (upstream of Lake Benmore, in the Maerewhenua catchment or in the Hakataramea catchment), connected groundwater, or surface water when the amount of water available for taking or diverting is low, except where the water is used for essential domestic uses, essential animal drinking needs and for the processing and storage of perishable produce.
Policy 24
Cross-ref: Objectives 1, 4 and 5
By allowing consent holders to take water for domestic, stock drinking-water uses and for the processing and storage of perishable produce when rivers or lakes are at or below minimum flows or levels provided the amount taken does not exceed 250 litres per person per day based on the population being supplied at that time, plus actual stock drinking-water requirements, plus the minimum necessary to maintain fire-fighting capability and for the processing and storage of perishable produce. In addition, an allowance may be made for reasonable losses from reticulated supply schemes.
Policy 25
Cross-ref: Objectives 1, 4 and 5
By allowing the restrictions on takes and diversions to be achieved by sharing the available water between resource consent holders within a water-users group, provided the total amount taken by any individual does not exceed their resource consent, and the sum of the takes does not exceed the water available above the minimum flow or minimum lake level.
Policy 26
Cross-ref: Objective 5
By providing a measure of certainty as to the likely frequency of restrictions to consent holders taking or diverting water on a run-of-river basis from upper or mid-catchment tributaries, the Ahuriri catchment, the Hakataramea catchment, or tributaries of the Lower Waitaki River (see Map 2) through setting priority bands. The first priority band will be set to provide a reliability which either:
a. allows at least 95 percent of the allocation specified on the consent to be taken in any 14-day period from August to May in 6 years out of 10, and at least 75 percent of the allocation specified on the consent to be taken in any 14-day period from August to May in 9 years out of 10; or
b. if the existing reliability is less than that specified in Policy 26a, maintains the existing reliability.
Policy 27
Cross-ref: Objectives 3 and 5
By giving priority during times of low flows or levels to integrated schemes in which water is used for more than one purpose.
Explanation for Policies 23 - 27
This suite of policies sets out how restrictions will be applied when, on a run-of-river basis, there is not enough water for all resource consent holders to take, divert or use at the peak rates specified in their consents.
Policy 24 specifies that restrictions do not apply to consents to use water for essential domestic use, stock drinking-water, maintaining fire-fighting capacity and for the processing and storage of perishable produce. The per-person provision for domestic uses includes residents and visitors being supplied at the time of the water shortage. This policy and the associated rules do not apply to the taking and using of freshwater for an individual's reasonable domestic needs and the reasonable needs of an individual's animals for stock water. These takes and uses under section 14(3)(b) of the RMA do not require a resource consent if the taking or use does not, or is not likely to, have an adverse effect on the environment. Water for fire-fighting can be taken and used without resource consent.
Where a consent is for combined uses, only that proportion of the consent that is identified for essential uses is exempt from the restrictions.
Policy 25 encourages water-user groups as a means for users to collectively manage their cumulative abstraction within the limits of the environment flow and level regime.
Policy 26 is adapted from the Natural Resources Regional Plan (Policy WQN 14(4)), and recognises that as further consents to take, use or divert water are issued the run-of-river reliability to each user reduces. The priority bands provide enhanced planning certainty for water users who take or divert water on a run-of-river basis by limiting their exposure to the incremental erosion of their reliability of access to water in times of low flow. The policy is about managing between users, and not about the reliability to be provided as a result of setting an environmental flow regime. If the environmental flow regime provides for reliability greater than that in Policy 26(a), the policy prevents reduction of reliability below a specified level by introducing priority bands.
Within a priority band restrictions apply equally to all users, rather than the use of a last-on, first-off restriction regime. The exception is essential uses which are given priority by exemption from the minimum flow or level. Users in subsequent bands must cease taking before restrictions are applied to the higher priority band.
The priority band system applies to management of run-of-river takes. In Policy 46, the Plan provides a separate regime for the Lower Waitaki River.
In many sub-catchments of the Waitaki, the existing reliability is below the level set in Policy 26a. For those catchments, the policy recommends that a priority band is set that is equivalent to the existing peak allocation or to the size of the first priority band if such an approach has been used previously. The specific priority bands can be established by the Canterbury Regional Council in each instance in accordance with this policy.
Policy on replacement of existing consents
Policy 28
Cross-ref: Objectives 3 and 4
In considering whether to grant or refuse applications for replacement of existing consents [Sections 124A, 124B and 124C as inserted into the RMA by the Resource Management Amendment Act 2005 will apply to applications for a new consent to replace an existing consent from 10 August 2008. These sections set up a process to give existing consent holders priority (in having their application determined) over new applications when an existing consent holder applies for a new consent to replace an existing consent.] , the consent authority will:
a. consider whether all reasonable attempts to meet the efficiency expectations of this Plan have been undertaken;
b. recognise the value of the investment of the existing consent holder; and
c. maintain the inclusion of the consent, if granted, in any allocation limits and priority bands on the water body concerned.
Explanation
There is no right of renewal of a resource consent, and this policy provides guidance on how an application to replace an existing consent should be considered by the consent authority. The consideration of the efficiency of use of water being used under an existing consent is critical to ensure that the efficiency expectations of this Plan are implemented. The policy provides for maintaining an existing consent in the same allocation limit and priority band when it is replaced. It also provides for recognition of the value of the investment when an application for replacement is considered.
Locality-specific policies
The divisions used for the locality-specific policies are illustrated on Map 2.
Policies for High Natural-Character Water Bodies
Policy 29
Cross-ref: Objectives 1 and 2
By recognising the high natural character of the water bodies listed in Policy 2 through restricting the cumulative allocation to activities from them.
Policy 30
Cross-ref: Objective 1
By preventing the taking, using, damming or diversion of water from Lakes Alexandrina, McGregor [Lake McGregor has a statutory acknowledgement in the Ngāi Tahu Claims Settlement Act 1998.] and Middleton and their tributaries, other lakes [Lakes, as defined by the RMA, includes tarns.] upstream of Lakes Tekapo, Pūkaki and Ōhau and wetlands, unless it is a wetland that is not a wetland with a moderate or higher significance, for the purpose of protecting their:
a. natural character intrinsic and amenity values;
b. ecosystems of indigenous species, including mahinga kai species;
c. Ngāi Tahu relationships; and
d. trout and salmon habitat (where these species are currently found).
Policy 31
Cross-ref: Objectives 1 and 2
By discouraging the taking, using, damming and diverting of water for irrigation purposes from the tributaries of Lakes Tekapo, Pūkaki and Ōhau identified in Policy 2 as having a high natural character worthy of a high level of protection.
Policy 32
Cross-ref: Objectives 1 and 2
In considering whether to grant or refuse consents to take, use, dam or divert water from the High Natural-Character Water Bodies, the consent authority will ensure that any taking, using, damming or diverting of water does not, by itself, or in combination with any other take, use, dam, or diversion in the same area, have a more than minor adverse effect on:
a. the natural flow variability
b. mauri, and ecosystems of indigenous species, including mahinga kai species
c. indigenous vegetation within and adjacent to the water body
d. natural character and landscape
e. sites of wāhi tapu
f. sites of wāhi taonga
g. habitats including those of invertebrates, birds and fish
h. passage and spawning areas for trout and salmon (where these species are currently found)
i. amenity values, including wild and scenic values
j. existing water quality.
Policy 33
Cross-ref: Objectives 1 and 2
In considering whether to grant or refuse consents to take, use, dam or divert water from the High Natural-Character Water Bodies the consent authority will recognise the need for taking, using, damming and diverting of water to be distributed among High Natural-Character Water Bodies to avoid the concentration of effects on any one water body.
Policy 34
Cross-ref: Objectives 1, 2 and 3
In considering whether to grant or refuse consents to take, use, dam or divert water from the High Natural-Character Water Bodies the consent authority will, for activities for which water is taken and returned to the sub-catchment such as snow-making and micro hydro-electricity generation, have regard to any benefit of returning the water to the vicinity of the take or diversion point provided the take or diversion is consistent with Policies 32 and 33.
Explanation for Policies 29 - 34
These policies recognise the high natural character of particular water bodies within the catchment and generally control the taking, using, damming or diversion of water from them. In the most sensitive water bodies, (moderate or higher significance wetlands, Lakes Alexandrina, McGregor and Middleton and their tributaries and other lakes upstream of Lakes Tekapo, Pūkaki and Ōhau) taking, using, damming or diversion of water is prevented.
Policies and subsequent rules recognise that there are some water uses that are of sufficiently minor effect that they may be able to occur without materially disturbing the special features of these areas. In the case of wāhi tapu this may be a stringent test.
Policies for Lakes Tekapo, Pūkaki and Ōhau [Lakes Tekapo, Pūkaki and Ōhau have statutory acknowledgements in the Ngāi Tahu Claims Settlement Act 1998.]
Policy 35
Cross-ref: Objectives 1 and 2
By setting minimum lake levels that recognise the iconic nature and the mana of Lakes Tekapo, Pūkaki and Ōhau, and enable appropriate access to water for the activities identified in Objective 2, to the extent consistent with Objective 1. The minimum lake level applies to all takes, damming, diversion or uses of water for other than town and community water supplies, stock drinking-water, and tourism and recreational facilities from the lakes and from the canals leading from them.
Policy 36
Cross-ref: Objectives 1 and 2
By allowing further temporary lowering of Lake Tekapo for the purpose of electricity generation only in times of national power shortage as established by the Electricity Commission.
Policy 37
By providing for the temporary lowering of Lakes Tekapo, Pūkaki and Ōhau where necessary for the purposes of maintenance or rehabilitation of electricity generation infrastructure.
Explanation for Policies 35 - 37
Policies 35 - 37 recognise the high value of these lakes both for natural values and their importance to New Zealand as a source of hydro-electricity. The existing minimum lake levels set on the consents to dam the lakes are maintained. Policy 35 applies those lake levels to all other taking, diversion, damming or using of water from the lakes and canals leading from the lakes, with specified exceptions. The "appropriate access" referred to in Policy 35 and reflected in the rules reflects the balance between the matters identified in Objectives 1 and 2, and does not include easement issues.
Policies for the Tekapo, Pūkaki and Ōhau Rivers
Policy 38
Cross-ref: Objective 1
By acknowledging that the Tekapo, Pūkaki and Ōhau Rivers are associated with the mana of Lakes Tekapo, Pūkaki and Ōhau and that flows in these rivers could provide continuity of flow from the mountains to the sea.
Policy 39
Cross-ref: Objectives 1 and 2
By setting an environmental flow regime in the upper Ōhau River that recognises the importance of flow continuity from the mountains to the sea; healthy ecosystems of indigenous species; and the trout fishery.
Explanation for Policies 38 - 39
These three rivers have been extensively modified. These polices reflect the significance of these rivers themselves, as well as their importance to the connectedness of the catchment as a whole (refer to Policy 1). Policy 39 in combination with the rules in this Plan provides that the existing minimum flow in the Ōhau River upstream of Lake Ruataniwha is maintained.
Policy for other rivers and streams in the upper catchment
Policy 40
Cross-ref: Objectives 1 and 2
By setting environmental flow regimes in the rivers and streams (within the upper catchment tributary areas shown on Map 2) that recognise the connections of those rivers and streams to wetlands and groundwater systems of the Mackenzie and Ahuriri basins, and enable appropriate access to water for the activities identified in Objective 2, to the extent consistent with Objective 1.
Explanation
This policy relates to those parts of the Fork Stream, Mary Burn, Irishman Creek, Twizel River, Grays River, Wairepo Creek, and Quail Burn and their tributaries that are not High Natural-Character Water Bodies. This policy sets the basis for the environmental flow regimes set in the rules for these rivers. It identifies particularly important values that were considered in setting the regimes.
Ahuriri catchment
Explanation
There are no locality-specific policies for the Ahuriri catchment.
The National Water Conservation (Ahuriri River) Order 1990 sets provisions including allocation limits and minimum flows for taking, using, damming and diverting water from the water bodies to which the Order applies. The Quail Burn is specifically excluded from the Order and is addressed in Policy 40. Rules which implement Policies 11, 12, 13 and 14 - allocation to activities - will apply to this catchment as the Order does not address allocation to activities.
Policy for the tributaries of Lakes Benmore, Aviemore and Waitaki
Policy 41
Cross-ref: Objectives 1 and 2
By setting environmental flow regimes in the tributaries of Lakes Benmore, Aviemore and Waitaki (within the area identified on Map 2 as mid-catchment tributaries) that:
(i) recognise the natural values of the tributaries, and in particular recognise the fish spawning habitat and connectedness with Lake Aviemore of the Otematata River;
and
(ii) enable appropriate access to water for the activities identified in Objective 2, to the extent consistent with Objective 1.
Explanation
This policy applies to tributaries of Lakes Benmore, Aviemore and Waitaki except those which flow through the Mackenzie or Ahuriri basins which are covered by policies for the upper catchment streams. It includes the Otamatapaio, Awahokomo, and Otematata Rivers. These policies set the basis for the environmental flow regimes set in the rules for these rivers. It identifies particularly important values that were considered in setting these regimes.
Policy for Lakes Ruataniwha, Benmore, Aviemore and Waitaki [Lakes Benmore and Aviemore have statutory acknowledgements in the Ngāi Tahu Claims Settlement Act 1998.]
Policy 42
Cross-ref: Objectives 1 and 2
By setting minimum lake levels for Lakes Ruataniwha, Benmore, Aviemore and Waitaki that recognise the natural and recreational values of the lakes, and enable appropriate access to water for the activities identified in Objective 2, to the extent consistent with Objective 1.
Explanation
These policies set the basis for the minimum lake levels set in the rules. The rules reflect the existing minimum lake levels for these lakes.
Policy for the Hakataramea catchment [The Hakataramea River has a statutory acknowledgement in the Ngāi Tahu Claims Settlement Act 1998.]
Policy 43
Cross-ref: Objectives 1 and 2
By setting an environmental flow regime in the Hakataramea River that:
(i) recognises:
a. the need to provide for healthy ecosystems of indigenous species, including mahinga kai species;
b. the importance of maintaining flows through the wetlands at the confluence of the Hakataramea River with the Lower Waitaki River;
c. the need to sustain the availability of trout and salmon spawning habitat;
d. the need to provide for passage of fish; and
e. that the catchment is flow-sensitive with respect to afforestation;
and
(ii) enables appropriate access to water for the activities identified in Objective 2, to the extent consistent with Objective 1.
Explanation
This policy identifies the important values of the Hakataramea catchment and the basis for the environmental flow regime set in the rules.
Policy for tributaries of the Lower Waitaki River
Policy 44
Cross-ref: Objectives 1 and 2
By setting environmental flow regimes in the tributaries of the Lower Waitaki River (shown on Map 2) that:
(i) recognise the natural and recreational values of the tributaries, in particular, the value of the Awakino and Maerewhenua Rivers for trout-spawning, and the Waikakahi Stream for healthy ecosystems of indigenous species, including mahinga kai species;
and
(ii) enable appropriate access to water for the activities identified in Objective 2, to the extent consistent with Objective 1.
Explanation
This policy sets the basis for the environmental flow regimes set in the rules for these rivers. It identifies particularly important values that were considered in setting the regimes. Relevant rules recognise that there are some deemed permits in some of these catchments that are subject to sections 413 to 417 of the RMA.
Policies for the Lower Waitaki River
Policy 45
Cross-ref: Objectives 1 and 2
(1) By setting an environmental flow regime in the Lower Waitaki River that:
(i) maintains
a. the physical characteristics (including flow variability) of a dynamic braided river;
b. the physical and ecological functioning of the river mouth;
c. the connectedness of the main flow with riparian margins, wetlands, and back water areas;
d. habitats for aquatic plants, invertebrates, birds and fish;
e. support for cultural relationships (including those of Ngāi Tahu) with the river;
f. the opportunity for people to experience the river's aesthetic characteristics, including openness, naturalness, and magnitude; and
g. recreational opportunities;
and
(ii) enables appropriate access to water for the activities identified in Objective 2, to the extent consistent with Objective 1.
(2) In deciding whether to grant or refuse consent for an application to take, use, dam or divert water from the Lower Waitaki River upstream of Black Point that would result in a cumulative peak rate of abstraction greater than 90 cubic metres per second, the consent authority will have regard to the extent to which the exercise of the consent would maintain the matters listed in Policy 45(1)(i).
Policy 46
Cross-ref: Objective 2, 3 and 5
By maintaining a flow of water into the Lower Waitaki River downstream of the Waitaki Dam that is sufficient to maintain:
(i) the minimum flow and flushing flows of the environmental flow regime for the Lower Waitaki River;
and
(ii) the aggregate of:
a. the actual requirements of exercising existing [Authorised by resource consent in effect on the date this Plan becomes operative; and a consent in replacement of it.] and new [Not authorised by resource consent in effect on the date this Plan becomes operative.] consents (at their points of taking) in the Lower Waitaki River for town and community water supplies, industrial and commercial activities, tourism and recreational facilities, and any other activities provided for within the annual allocations for all those activities; and
b. the actual requirements of exercising existing [Authorised by resource consent in effect on the date this Plan becomes operative; and a consent in replacement of it.] consents for agricultural and horticultural activities (at their points of taking) in the Lower Waitaki River provided for within the annual allocation for those activities; and
c. the actual requirements of exercising, up to 95 percent of the peak rate of taking, of new [Not authorised by resource consent in effect on the date this Plan becomes operative.] consents for agricultural and horticultural activities (at their points of taking) in the Lower Waitaki River provided for within the annual allocations for those activities;
up to a maximum of 80 cubic metres per second.
Explanation for Policies 45 - 46
These policies describe the basis on which the environmental flow regime for the Lower Waitaki River has been set. In the rules, there are two different environmental flow regimes set in the Lower Waitaki River, both of which contain minimum flows. For the reach downstream of Black Point, flow variability above the minimum flow is provided for by an allocation limit. In the reach between Waitaki Dam and Black Point, variability above the minimum flow is provided for by flushing flows and the requirements in Policy 45 (2).
Because the flow in the river is artificially controlled, the reliability for downstream users is dependent on the pattern of flow releases.
