8. Other consent matters
8.1 Introduction
This chapter summarises the Board's evaluation of the provisions of the Plan relating to:
- adverse effects not covered by the Plan
- water metering
- transfer of resource consents
- replacement of existing consents.
The effectiveness, benefits and costs, and efficiency of the provisions in the Plan are examined. Considerations of uncertain or insufficient information are not relevant to this assessment. Based on this evaluation, having regard to efficiency and effectiveness, the Board's overall judgement of whether the provisions are the most appropriate to achieve the objectives is recorded.
8.2 Adverse effects not covered by the Plan
Rule 24 in the Plan is:
"any taking, damming, diverting or use of water that causes or is likely to cause adverse effects not covered by this Plan is a discretionary activity. In considering an application to which this rule applies the consent authority will have regard, amongst other matters, to all the policies of this Plan."
Section 14(1) of the RMA restricts the taking, using, damming, or diverting of water unless it is expressly allowed by section 14(3). Section 14(3)(a) to (e) sets out five circumstances in which water can be taken. Unless provided for in section 14(3)(b) to (e), or expressly allowed by a rule in the Plan, the taking, using, damming or diverting of water requires a resource consent (section 14(3)(a)).
The Plan specifies a number of circumstances when the taking, using, damming or diverting of water is permitted or requires resource consent. However, it is possible that circumstances exist that fall outside the rules (other than Rule 24) of the Plan, and section 14(3)(b) to (e).
In such a circumstance, those activities require resource consent. The resource consent would be required and treated as an innominate activity - the equivalent of a discretionary activity. For the purpose of clarity and certainty of plan administration, the Board considers it is appropriate to specify that such resource-consent applications are to be considered as a discretionary activity. The specific form of Rule 24 is authorised by section 68(5)(c) of the RMA.
After having regard to this information, the effectiveness and efficiency of Rule 24, and taking into account the benefits and costs, it is the Board's judgement that the inclusion of Rule 24 in the Plan is the most appropriate way to achieve the objectives of the Plan.
8.3 Water measuring and recording devices
8.3.1 Plan provisions
The relevant provisions of the Plan are:
- Policy 21
- Rules 1, 8, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24.
8.3.2 Effectiveness
The Board's evaluation of the effectiveness of the provisions in the Plan requiring water measuring and recording devices on each water take is summarised in Table 43 below. In this circumstance, Objectives 1, 2, 4 and 5 are relevant to the evaluation.
Table 43: Effectiveness of the provisions in the Plan requiring water measuring and recording devices
| Objective | Provisions | Effectiveness |
|---|---|---|
|
1 |
Enables the collection of information which will result in better decision making. The information will ensure the integrity of the environmental flow and level regimes and therefore assist in achieving the matters identified in this objective. Implementation will primarily occur through conditions imposed on resource consents. This allows the consent authority to recognise the individual circumstances of each resource-consent application influencing the appropriate use of water-measuring and recording devices. |
Moderate |
|
2 |
Enables the collection of accurate information on the amount of water used, allowing effective monitoring of the annual allocation of water to activities. Implementation will primarily occur through conditions imposed on resource consents. This allows the consent authority to recognise the individual circumstances of each resource-consent application influencing the appropriate use of water-measuring and recording devices. |
Low |
|
4 |
Enables the collection of accurate information on the amount of water used, which will assist in promoting the achievement of a high level of technical efficiency. Implementation will primarily occur through the assessment of resource-consent applications. Unless the consent enables the overall volume of water to be reviewed, any efficiency gains will not take effect until the resource consent is replaced. |
Moderate |
|
5 |
Enables the collection of accurate information on the amount of water used, allowing effective monitoring of restrictions during times of low water availability. Implementation will primarily occur through conditions imposed on individual resource consents. This allows the consent authority to recognise the individual circumstances of each resource-consent application influencing the appropriate use of water-measuring and recording devices. |
High |
|
Overall effectiveness |
Moderate |
|
8.3.3 Benefits and costs
The Board's evaluation of the benefits and costs of the provisions in the Plan requiring water measuring and recording devices on each water take is summarised in Table 44 below.
Table 44: Benefits and costs of the provisions in the Plan requiring water measuring and recording devices
| Benefits | Costs |
|---|---|
|
Environmental Will provide good information of takes to assist in ensuring the integrity of the environmental flow and level regimes, and annual allocation of water to activities regimes, thereby maintaining the flows intended to sustain in-stream values. |
Environmental |
|
Economic Will assist in maintaining the integrity of the annual allocation of water to activities regime, providing greater certainty. Will enable users to access information on water consumption to better make decisions on the costs associated with abstraction and application of water relative to the production benefits. |
Economic Compliance costs will occur through having to install the equipment and monitor it. On-going data management costs will also occur. |
|
Social Enhanced social wellbeing effects through the perception that the water resource used is not wasted. |
Social |
|
Cultural Has regard to the kaitiakitanga of Ngāi Tahu. |
Cultural |
8.3.4 Efficiency
Following the consideration of the benefits and costs of the provisions in the Plan requiring water measuring and recording devices, it is the Board's judgement that the provisions are of high efficiency.
8.3.5 Appropriateness
The Board's evaluation of the effectiveness and efficiency of the provisions in the Plan requiring water measuring and recording devices is summarised in Table 45 below.
Table 45: Summary of the effectiveness and efficiency of the provisions in the Plan requiring water measuring and recording devices
| Effectiveness | Efficiency | |
|---|---|---|
|
Water measuring and recording devices |
Moderate |
High |
Having regard to this information, and taking into account the benefits and costs, it is the Board's judgement that the provisions in the Plan requiring water measuring and recording devices are the most appropriate to achieve the objectives of the Plan.
8.4 Transfer of resource consents
8.4.1 Introduction
This section summarises the Board's evaluation of the provisions in the Plan allowing the transfer of permits to take water.
Section 136(2) of the RMA expressly provides that:
a holder of a water permit granted other than for damming or diverting of water may transfer the whole or part of the holder's interest in the permit -
(a) to any owner or occupier of the site in respect of which the permit is granted; or
(b) to another person on another site, or to another site, if both sites are in the same catchment (either upstream or downstream), aquifer, or geothermal field, and the transfer -
(i) is expressly allowed by a plan; or
(ii) has been approved by the consent authority that granted the permit on the application under subsection (4).
In the circumstance of the change of owner or occupier of the site (section 136(2)(a)), the transfer is an administrative action (see section 136(3) of the RMA). The consent authority does not have the power to refuse such a transfer. As such, a rule is not required in a plan to provide for this transfer. Further, a rule in a plan cannot effectively control this transfer.
In contrast, when a transfer is occurring within the catchment to a person on another site, or to another site, unless the transfer is expressly allowed by a plan, consent is required (section 136(2)(b)). The application for this consent is to be treated as if it was an application for a resource consent (see section 136(4)(b) of the RMA). Transfers can be for the whole or part of a consent and for limited periods (section 136(2) and (2A) of the RMA).
There is no provision within section 136 of the RMA providing for the transfer of water permits between catchments.
8.4.2 Plan provisions
The relevant provisions of the Plan are:
- Policy 22
- Rules 8, 21, 22, 23 and 24.
8.4.3 Effectiveness
The Board's evaluation of the effectiveness of the provisions in the Plan relating to the transfer of resource consents is summarised in Table 46 below. In this circumstance, Objectives 2, 3 and 4 are relevant to the evaluation.
Table 46: Effectiveness of the provisions in the Plan relating to the transfer of resource consents
| Objective | Provisions | Effectiveness |
|---|---|---|
| 1 | The qualities of the environment are sustained by restricting the transfer of consents to wetlands, Lakes Alexandrina, McGregor and Middleton and their tributaries, and other lakes upstream of Lakes Tekapo, Pūkaki and Ōhau. | High |
|
2 |
Enabling the transfer of consents within parts of the catchment will provide for flexibility in providing water for the activities identified in the objective. Requiring compliance with the environmental flow and level regimes, the annual allocation to activities thresholds to be met, and that resource consents are not transferred from downstream of to upstream of Waitaki Dam, will reduce the flexibility for transferring consents. Implementation will occur through the consideration of resource-consent applications as a controlled activity or discretionary if the annual allocation to activity thresholds are complied with, and as a non-complying activity if they are not. |
Moderate |
|
3 |
Enabling the transfer of consents may promote greater economic efficiency. Water would be able to transfer from one user to another that may be able to derive greater economic benefit from that resource. Any transfer would only be able to occur within the environmental flow and level regimes, and the annual allocation to activities for the catchment area. Apart from adverse effects on water quality, the ability for the consent authority to address new adverse effects on the environment that may occur due to any change in location is limited by the matters for control relevant to any application for a controlled activity. Specific provision is made for a consent authority to consider adverse effects of taking and using water on water quality if water quality standards specified in the Natural Resources Regional Plan are not complied with, by requiring any such resource consent application is treated as a discretionary or non-complying activity. |
Moderate |
|
4 |
Technical efficiency gains may result in current water users reducing their current water use, allowing the consented surplus to be transferred. The transfer of resource consents creates an incentive for water users to strive for a high level of technical efficiency in the use of water. In the circumstance that the installation and use of water metering devices are not proposed, the consent authority can consider the appropriateness of this as any such resource-consent application is to be treated as a discretionary or non-complying activity. |
Moderate |
|
Overall effectiveness |
Moderate |
|
8.4.4 Benefits and costs
The Board's evaluation of the benefits and costs of the provisions in the Plan relating to the transfer of resource consents is summarised in Table 47 below.
Table 47: Benefits and costs of the provisions in the Plan relating to the transfer of resource consents.
| Benefits | Costs |
|---|---|
|
Environment Sustains the qualities of wetlands, Lakes Alexandrina, McGregor and Middleton and their tributaries, and other lakes upstream of Lakes Tekapo, Pūkaki and Ōhau. Protection of the qualities of the environment is achieved by requiring the environmental flow and level regimes be met. Adverse effects relating to water quality caused by the change in location of the use of water within the catchment are managed. The extent of the effect on the wider environment is unknown as it is dependent on the use of the water, and the specific circumstances of the use. |
Environment The extent of the effect on the wider environment is unknown as it is dependent on the use of the water, and the specific circumstances of the use. |
|
Economic May promote greater economic benefit from the same amount of water. Controlling the transfer of resource consents from downstream of Waitaki Dam to upstream of Waitaki Dam ensures that there is no derogation of the existing consents upstream of Waitaki Dam. Through generally providing for the transfer as a controlled activity, greater certainty is provided for investment decisions than relying on section 136(2)(b)(ii) of the RMA. |
Economic Compliance costs will be incurred by the Canterbury Regional Council and any applicant for a transfer. Existing water uses may be affected at or downstream of the new point of take or diversion achieved by a controlled activity. |
|
Social May enable water takes to be moved to locations where social wellbeing effects are enhanced. |
Social May enable water takes to be moved to locations where social wellbeing effects are reduced. |
8.4.5 Efficiency
Following the consideration of the benefits and costs of the provisions in the Plan relating to the transfer of resource consents, it is the Board's judgement that the provisions are of moderate efficiency.
8.4.6 Appropriateness
The Board's evaluation of the effectiveness and efficiency of the provisions in the Plan relating to the transfer of resource consents is summarised in Table 48 below.
Table 48: Summary of the effectiveness and efficiency of the provisions in the Plan relating to the transfer of resource consents.
| Provisions | Effectiveness | Efficiency |
|---|---|---|
|
Transfer of resource consents |
Moderate |
Moderate |
Having regard to this information, and taking into account the benefits and costs, it is the Board's judgement that the provisions in the Plan relating to the transfer of resource consents are the most appropriate to achieve the objectives of the Plan.
8.5 Replacement of existing consents
8.5.1 Introduction
This section summarises the Board's evaluation of the provisions in the Plan relating to the replacement of resource consents.
Sections 124A, 124B and 124C as inserted into the RMA by the Resource Management Amendment Act 2005 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.
8.5.2 Plan provisions
The relevant provisions of the Plan are:
- Policy 28
- Rules 1, 2, 10, 15, 16, 17, 18, 19, 20 and 24.
8.5.3 Effectiveness
The Board's evaluation of the effectiveness of the provisions in the Plan relating to the replacement of existing consents is summarised in Table 49 below. In this circumstance, Objectives 2, 3 and 4 are relevant to the evaluation.
Table 49: Effectiveness of the provisions in the Plan relating to the replacement of existing consents
| Objective | Provisions | Effectiveness |
|---|---|---|
|
2 |
The provisions identify that the consent authority will maintain the position of the consent (if granted) in the annual allocation limits and priority bands on the water body concerned. Implementation will occur through the assessment of resource-consent applications. |
Moderate |
|
3 |
The provisions identify that the consent authority will maintain the position of the consent (if granted) in the annual allocation limits and priority bands on the water body concerned, and recognise the value of investment associated with the consent. Specific recognition is provided of the value of the investment of the existing consent holder contributing to national and local costs and benefits. Implementation will occur through the assessment of resource-consent applications. |
Moderate |
|
4 |
Provisions recognise that achieving efficiency expectations will be a consideration. |
Moderate |
|
Overall effectiveness |
Moderate |
|
8.5.4 Benefits and costs
The Board's evaluation of the benefits and costs of the provisions in the Plan relating to the replacement of existing consents is summarised in Table 50 below.
Table 50: Benefits and costs of the provisions in the Plan relating to the replacement of existing consents
| Benefits | Costs |
|---|---|
|
Environmental The extent of the effect on the wider catchment environment is unknown as it is dependent on the use of the water, and the specific circumstances of the use. |
Environmental The extent of the effect on the wider catchment environment is unknown as it is dependent on the use of the water, and the specific circumstances of the use. |
|
Economic Will assist in providing greater investment security to consent holders that they may be able to have a continuity of water allocation. |
Economic Limited opportunity to derive economic benefits from new activities that require the take and use of water if the annual allocation to activities regime is fully allocated. |
|
Social Enhanced social wellbeing effects derived from existing activities that are likely to continue. |
Social Reduced secondary social wellbeing effects from new activities that require the take and use of water if the annual allocation to activities regime is fully allocated. |
8.5.5 Efficiency
Following the consideration of the benefits and costs of the provisions in the Plan relating to the replacement of existing consents, it is the Board's judgement that the provisions are of moderate efficiency.
8.5.6 Appropriateness
The Board's evaluation of the effectiveness and efficiency of the provisions in the Plan relating to the replacement of existing consents is summarised in Table 51 below.
Table 51: Summary of the effectiveness and efficiency of the provisions in the Plan relating to the replacement of existing consents
| Effectiveness | Efficiency | |
|---|---|---|
|
Existing consents |
Moderate |
Moderate |
Having regard to this information, and taking into account the benefits and costs, it is the Board's judgement that the provisions in the Plan relating to the replacement of existing consents are the most appropriate to achieve the objectives of the Plan.
