1. Introduction
1.1 Overview of report
This report summarises the evaluation of the provisions of the Waitaki Catchment Water Allocation Regional Plan (the Plan) undertaken by the Waitaki Catchment Water Allocation Board (the Board) as required by section 19(1) of the Resource Management (Waitaki Catchment) Amendment Act 2004 (the Waitaki Act).
The report records the evaluation of objectives, policies, rules and other methods undertaken during the development of the Plan. The information presented is a summary of the Board's evaluation and the reasons for that evaluation. The report is based on the all information which was available to the Board during the development of the Plan.
The evaluation is presented in a number of discrete sections. This has been achieved by grouping issues, plan provisions, or geographic areas of the Waitaki catchment. This is a presentation technique only. The Board recognises the linkages and synergies between the different matters presented in the discrete sections.
The report is ordered so that the evaluation summary moves from the general to the specific:
- chapter 2 examines the objectives of the Plan
- chapter 3 examines the different approaches available to be used within the Plan to achieve the objectives.
The next five chapters relate to the catchment-wide techniques and provisions used in the Plan:
- chapter 4 examines the techniques and provisions defining the amount of water to be retained in water bodies, and how this is to be implemented
- chapter 5 examines the relevant catchment-wide provisions relating to the allocation of water to activities
- chapter 6 examines the provisions for the reduction of water takes when the amount of water available for taking and diverting is low
- chapter 7 examines the provisions relating to technical efficiency in the use of water
- chapter 8 examines other matters relevant to resource consents, including; adverse effects not covered by the Plan, the transfer of resource consents, and the replacement of resource consents.
Within the next nine chapters, the provisions of the Plan specific to different areas within the Waitaki catchment are evaluated. There is a summary within these chapters of the examination of the specific environmental flow and level regimes. These chapters are generally ordered from the top to the bottom of the catchment. The chapters are as follows:
- chapter 9: High Natural-Character Water Bodies
- chapter 10: Lakes Tekapo, Pūkaki and Ōhau
- chapter 11: Tekapo, Pūkaki and Ōhau rivers
- chapter 12: rivers and streams in the upper Waitaki catchment
- chapter 13: tributaries of Lakes Benmore, Aviemore and Waitaki
- chapter 14: Lakes Ruataniwha, Benmore, Aviemore and Waitaki
- chapter 15: Hakataramea catchment
- chapter 16: Lower Waitaki River tributaries
- chapter 17: Waitaki River downstream of Waitaki Dam.
Chapter 18 evaluates the changes to be made to the Otago Regional Council's Regional Plan: Water (Otago Regional Plan Water).
Finally, included at the end of this report are:
- definitions and abbreviations
- the list of reports received by the Board relevant to the development of the Plan.
1.2 Waitaki Catchment Water Allocation Regional Plan
The Waitaki Act established the Waitaki Catchment Water Allocation Board with the function of developing, within 12 months, a plan for the allocation of water in the Waitaki catchment on a basis consistent with the purpose and principles of the RMA.
The Waitaki Act directs that the Board must include objectives, policies, and methods (including rules, if appropriate) in the Plan, to provide for:
(a) water that is or may be taken from, or used in, the Waitaki catchment in accordance with section 14(3)(b) and (e) of the RMA; and
(b) water to sustain the intrinsic values and amenity values that the Board identifies and determines should be sustained in the Waitaki River and associated beds, banks, margins, tributaries, islands, lakes, wetlands, and aquifers; and
(c) the allocation of water to activities, as appropriate; and
(d) the management of allocated water, including methods that provide for dealing with periods of time or seasons when the level or flow of water is low.
The Waitaki Act includes provisions relating to the nature of this Plan and the process for its preparation, including provisions that sections of the RMA do or do not apply to the development of this Plan.
The Plan provides for the matters set out in section 13 of the Waitaki Act. In preparing the Plan, water allocation is defined as addressing the taking, using, damming and diverting of water in relation to the following matters:
- a whole-catchment approach
- environmental flow and level regimes
- the mixing of waters
- the allocation to activities
- efficient and effective use
- water metering
- transfer of resource consents
- restrictions during times of low water availability
- replacement of existing consents.
The Plan addresses the following matters to the extent necessary to provide for water allocation as defined in this Plan but does not make comprehensive provision for them. Objectives, policies and methods (including rules) contained in the relevant Canterbury Regional Council statutory planning instruments that address the following matters apply in the Waitaki catchment with any necessary modification to give effect to the provisions of this Plan:
- landscape
- water quality
- soil and bank erosion
- afforestation in flow-sensitive catchments
- wetland management - fencing and siltation
- operational management of beds and rivers
- management of floods
- forestry as a land use
- interference effects between bores - well interference
- dam safety and high water levels, including maximum lake levels
- ramping rates
- passage of fish past structures
- fish screening of intakes.
Part V of the RMA (Standards, Policy Statements and Plans) does not apply to the preparation of the Plan, except for particular specified sections (section 18 of the Waitaki Act). Therefore, the requirement that the Plan must not be inconsistent with the regional policy statement or with any other plan of the region concerned (section 67(2)(b) RMA) does not apply.
1.3 Section 32 evaluation and report
1.3.1 Introduction
The Board is required, during the development of the Plan, to examine the policies, rules, and other methods of that plan in accordance with the requirements of section 32(3) and (4) of the RMA (section 19 of the Waitaki Act). Section 32(3) and (4) of the RMA are as follows:
(3) An evaluation must examine -
(a) the extent to which each objective is the most appropriate way to achieve the purpose of this Act; and
(b) whether, having regard to their efficiency and effectiveness, the policies, rules, or other methods are the most appropriate for achieving the objectives.
(4) For the purpose of this examination, evaluation must take into account -
(a) the benefits and costs of policies, rules, or other methods; and
(b) the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the policies, rules, or other methods.
Appropriateness means the suitability of any particular provision. For the objectives in the Plan, appropriateness is measured against achieving the purpose of the RMA. For the other provisions, appropriateness is measured against achieving the objectives of the Plan.
Getting a measure of effectiveness involves assessing how well the provision(s) will work.
Determining efficiency involves an examination of benefits and costs. A measure of efficiency is the extent to which the provision(s) achieve the relevant objectives, compared to the magnitude of what is forgone as a result of using the provision(s).
The Board's duties under section 32(3) of the RMA are to form overall judgements about the extent to which each objective is the most appropriate to achieve the purpose of the RMA, and whether having regard to their efficiency and effectiveness, the policies, rules, or other methods are the most appropriate for achieving the objectives. The Board understands that the judgements required are, for objectives, relative to the purpose of the RMA, and for policies, rules, or other methods, relative to the Plan objectives. The Board considers that, in forming those judgements, it is not necessary or helpful to undertake a comparative analysis of other means or principal alternative means. [A previous requirement to do so was repealed by the 2003 Amendment Act.] However, in evaluating the benefits and costs, and consequently efficiency, comparison with a reference point is required. This reference point is as set out in the following section (Evaluation of benefits and costs).
1.3.2 Evaluation of benefits and costs
In evaluating the packages of policies and rules, the Board categorises the benefits and costs as follows:
- environmental - being those benefits and costs that fall upon ecosystems and their constituents parts, natural and physical resources, and the conditions associated with these
- economic - being those benefits and costs that accrue to the productive economy
- social - being those benefits and costs that fall on people and the community
- cultural - being those benefits and costs that relate to the customs, values and beliefs of people and communities, including Ngāi Tahu.
When evaluating benefits and costs, for other than the allocation of water to activities, the Board's reference point is the current environment. When determining the benefits and costs associated with the allocation of water to activities, the Board considers that any allocation combination is possible.
Within the catchment the natural environment is significantly altered, including by hydro-generation and irrigation structures. When evaluating the provisions of the Plan, the Board considered effects that are cumulative with the adverse effects of the existing development and activities.
Under the heading 'environmental' there are a variety of considerations. These relate to changes to ecosystems and their constituents parts, natural and physical resources, and the conditions associated with these. Generally, the impacts of these changes fall in the locality, and downstream of, where the water is taken and used. In a number of circumstances, the actual environmental benefits and costs depend on the manner in which consent authorities exercise their discretion when determining resource-consent applications, particularly for discretionary and non-complying activities.
Under the heading of 'economic' there are a variety of economic wellbeing and efficiency considerations. These have different implications at a national and local level. In this evaluation, in the main, economic efficiency is assessed at the national level, with economic impacts determined at the local level. However, the Board acknowledges that the location of the recipients of economic efficiency benefits will be dependent on the various benefits and costs being considered. For example, the benefits and costs associated with hydro-electricity generation will generally accrue at the national level, while the benefits and costs associated with irrigation will generally fall within the local area. Finally, within the economic benefits and costs tables, water is attributed an economic value in relation to the existing hydro-electricity generation schemes within the Waitaki catchment. The terms used in this report have the following meaning:
- 'highest' value - water that passes through all eight hydro-electricity generation power stations downstream of Lake Tekapo
- 'high' value - water that passes through four to seven of the hydro-electricity generation power stations downstream of Lake Tekapo canal
- 'moderate' value - water that passes through one to three of the hydro-electricity generation power stations downstream of the inlet to Lake Benmore.
Under the heading 'social' there are a variety of social wellbeing considerations. Often these impacts relate to changes in environmental and economic conditions and fall in the locality, and downstream of, where the water is taken from and used. For example, changes in economic activity in the local area will have consequences which are not apparent at the national level. These may include changes in service delivery costs and affordability, job opportunities and population. Therefore, while recognising environmental and economic dimensions exist with respect to many social impacts, they are included in the social category in this report. The use of the term 'secondary' in this report recognises that multiplier effects occur, and includes all such related impacts.
Under the heading 'cultural' there is a variety of cultural wellbeing considerations, both for the community in general and for Ngāi Tahu. These considerations can be specific or holistic in nature. They often relate to changes in environmental, economic, social or spiritual conditions. The impacts affect people and communities that have a relationship with the Waitaki catchment and fall wherever those people and communities are.
1.3.3 Information base
During its evaluation, the Board considered all the information available to it. This includes:
- the reports received by the Board relevant to the development of the Plan, listed at the rear of this report
- the information provided to the Board by the public through the Board's consultation process
- all the submissions lodged on the draft Plan
- all the material produced as part of the hearing process.
