MEDIATION 45 - GWRC SUMMARY STATEMENT TOPIC: BEDS...

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.


(S)


(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)



A021/010 Drain South Wairarapa

District Council


relating to the




streams to enable





(S)

Rangitāne (O)



A014/027 Highly

modified river

or stream

Masterton

District Council


relating to the

maintenance of Council's



streams to enable

vegetation clearance to be

a permitted activity.





5755083.3 6

GWRC

Appeal

point ref.


relief sought




(N)

A021/011 Highly

modified river

or stream

South Wairarapa

District Council


relating to the




streams to enable





(S)

Rangitāne (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)


(S)

Wellington Fish and Game

Council (O)




(O)

First Gas Ltd (S)

A019/003 Drain Rangitāne Delete the note. Carterton District Council

(O)


(O)


Council (S)


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:


• 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.


relief sought




(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


relating to the




streams to enable



(S)



Federated Farmers of New

Zealand (S)

5755083.3 14

GWRC

Appeal

point ref.


relief sought




(N)

an individual

property -

permitted

activity



Either delete the

conditions applying to

vegetation clearance, fish

removal and sediment

removal or amend to be

more workable and

practicable.


Council (O)



Council (S)



A014/008 Rule R122:

Removing

vegetation

from the bed

of any river or

lake -

permitted

activity

Masterton

District Council


relating to the




streams to enable



Either delete the





more workable and

practicable.


(S)





Zealand (S)


Council (O)



Council (S)



A021/007 Rule R121:

Maintenance

of drains and

highly

modified

rivers or

streams within

an individual

property -

permitted

activity

South Wairarapa

District Council


relating to the




streams to enable




Either delete the





more workable and

practicable.


(S)


Rangitāne (O)



Council (O)


Council (S)



5755083.3 15

GWRC

Appeal

point ref.


relief sought




(N)

A021/008 Rule R122:

Removing

vegetation

from the bed

of any river or

lake -

permitted

activity

South Wairarapa

District Council


relating to the




streams to enable



Either delete the





more workable and

practicable.


(S)



Council (O)


Council (S)




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.



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.


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.


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.


relief sought




(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


Rangitāne (S)


Zealand (O)


Council (S)




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


Rangitāne (S)

NZ Transport Agency (O)

5755083.3 21

GWRC

Appeal

point ref.


relief sought




(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


Zealand (O)


(O)

Porirua City Council (O)


Council (O)


Council (S)




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.



Zealand (S)




Communities (S)


Council (S)



(O)

5755083.3 22


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.



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);

http://www.horizons.govt.nz/CMSPages/GetFile.aspx?guid=0a9659c6-41af-4e2b-b786-9948cb0744cc

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,

http://www.horizons.govt.nz/CMSPages/GetFile.aspx?guid=0a9659c6-41af-4e2b-b786-9948cb0744cc

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.


62 Nil of relevance.


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.


relief sought




(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’.


Rangitāne (O)



Zealand (S)


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)





Communities (S)



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



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.




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.


relief sought




(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.




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.



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)


(S)




Communities (S)


Council (S)




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



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

http://gwrc.maps.arcgis.com/apps/webappviewer/index.html?id=87a85d0ad2a3493fbeccb789eac79773

http://gwrc.maps.arcgis.com/apps/webappviewer/index.html?id=87a85d0ad2a3493fbeccb789eac79773

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.




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;


• 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


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


(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:




5755083.3 40


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:





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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