Application for Land Use Consent to Use Land for Farming Stuart Charles Baxter 4382 and 5601 West Coast Road, Sheffield - 20 April 2021
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Application for Land Use Consent to Use Land for Farming Stuart Charles Baxter 4382 and 5601 West Coast Road, Sheffield 20 April 2021
Prepared for: Stuart Charles Baxter
Date: 20 April 2021
Application for Land Use Consent to Use Land for Farming
Prepared by: Ella Shields
Planner
Ravensdown Limited
PO Box 16081
CRISTCHURCH 8441
Ella.Shields@ravensdown.co.nz
021 541 427
Reviewed by: Victoria Caseley
Principal Planner
Ravensdown Limited
2
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldTable of Contents
1 INTRODUCTION ..................................................................................................................................... 4
2 THE APPLICANT ..................................................................................................................................... 5
3 DESCRIPTION OF THE ACTIVITY ............................................................................................................. 5
3.1 Resource Consents Required ........................................................................................................ 5
3.2 Nitrogen Baseline .......................................................................................................................... 5
3.3 Duration of Consent Sought .......................................................................................................... 6
4 ASSESSMENT OF ACTUAL AND POTENTIAL ENVIRONMENTAL EFFECTS ................................................. 6
4.1 Groundwater ................................................................................................................................. 6
4.2 Surface Water................................................................................................................................ 7
4.3 Soil Erosion .................................................................................................................................... 7
4.4 Cultural Effects .............................................................................................................................. 8
4.5 Ecological Effects ........................................................................................................................... 8
4.6 Conclusion ..................................................................................................................................... 8
5 STATUTORY PLANNING ASSESSMENT ................................................................................................... 8
5.1 Structure of Statutory Planning Assessment ................................................................................. 8
5.2 National Policy Statement for Freshwater Management ............................................................. 8
5.3 Resource Management (National Environmental Standards for Freshwater) Regulations 202013
5.4 Canterbury Regional Policy Statement........................................................................................ 13
5.5 Canterbury Land and Water Regional Plan ................................................................................. 14
5.6 Selwyn District Plan ..................................................................................................................... 15
5.7 Ngāi Tahu Freshwater Policy & Iwi Management Plans .............................................................. 15
5.8 Part 2 of the Resource Management Act .................................................................................... 16
6 CONSULTATION .................................................................................................................................. 17
7 CONCLUSION....................................................................................................................................... 17
APPENDIX A: APPLICATION PLAN ............................................................................................................. 18
APPENDIX B: NUTRIENT BUDGET REPORT ................................................................................................ 19
APPENDIX C: DRAFT FARM ENVIRONMENT PLAN .................................................................................... 20
APPENDIX D: WRITTEN APPROVAL – SELWYN DISTRICT COUNCIL ............................................................ 21
3
Stuart Charles Baxter
4382 and 5601 West Coast Road, Sheffield1 INTRODUCTION
This application has been prepared in accordance with Section 88 and Schedule 4 of the
Resource Management Act 1991 (the Act), and forms the resource consent application of Stuart
Charles Baxter (the Applicant).
The application is for a land use consent to use land for farming. The activity is a controlled
activity under Rule 11.5.9 of the Canterbury Land and Water Regional Plan (CLWRP).
The application site is run as a dryland deer property. The farm has an owned legal area of
128.3208 hectares and is made up of the following contiguous land parcels legally described as:
4382 West Coast Road
RS 15539 CB766/38 40.4685ha Owned
RS 15695 CB766/38 21.8530ha Owned
RS 15488 CB766/38 20.2342ha Owned
RS 15482 CB766/38 21.0436ha Owned
Lot 2 DP 302757 10600 24.7215ha Owned
5601 West Coast Road
RES 984 - 2.0234ha Not Owned (SDC)
The application site has a calculated farm area of 130.90ha which has been used to complete
the nitrogen loss calculation. A written approval has been sought from the Selwyn District
Council as the owner of RES 984, a former gravel reserve adjoining the railway line and West
Coast Road, that is farmed by the applicant. The approval is attached as Appendix D to this
application.
The property is an irregular shape, being bound by Tramway Road to the north east and West
Coast Road to the South. The south eastern boundary is adjoined by farmland, with the
exception of a narrow access strip that connects the farm to Pinegrove Road. The north western
boundary is also adjoined by farmland.
There is only one waterway, an artificial water race, that flows through the farm. The water
race, operated by the Selwyn District Council, is part of the Malvern Scheme. While a ‘local’ line
runs through the property, two main lines adjoin the north east and south western boundaries,
running parallel with Tramway and West Coast Roads respectively. The Hawkins River is located
0.5km west of the farm, while the Waimakariri River is 3km north east.
The closest township to the property is Waddington which is located approximately 0.8km
north-west of the site.
The farm is located within the Selwyn – Waihora Nutrient Allocation Zone. Other notations over
all or part of the property are:
• Semi-confined or unconfined aquifer;
• Medium (100%) nitrogen leaching vulnerability;
• Low (100%) phosphorus leaching vulnerability;
• Selwyn-Waimakariri Surface and Groundwater Allocation Zone;
• Selwyn-Waihora Catchment.
4
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldThere is one active well located on the property, (M36/1474), and several others within 1km of
the site boundaries. The farm is generally flat with one dwelling on the property and several
farm buildings nearby.
The soils present are set out and described in the attached nutrient budget report (Appendix
B). No irrigation or effluent was applied to the property during the 2009-2013 baseline period,
nor is this currently occurring. It is however noted that Fonterra currently holds CRC194501 to
discharge contaminants from milk processing to land and air over the application site, as well
as others in the surrounding area.
2 THE APPLICANT
The Applicant is Stuart Charles Baxter.
The address for service for all correspondence in relation to this resource consent application
is:
Ella Shields
Planner
Ravensdown Environmental
Ella.Shields@ravensdown.co.nz
021 541 427
3 DESCRIPTION OF THE ACTIVITY
3.1 Resource Consents Required
Land use consent are required is to use land for farming.
When considering the CLWRP the following rule is relevant:
• Nutrient Management, Sediment and Microbial Contaminants Rule 11.5.9
Given the above, overall this application is for a Controlled Activity.
3.2 Nitrogen Baseline
Ravensdown prepared a nutrient budget using Overseer FM (version 6.3.1) in 2019 and has
recently completed a baseline update report using Overseer FM (version 6.3.5). The Overseer
Farm Details Report is attached as Appendix B. The Nitrogen Baseline calculated for the 2009-
2013 period is 25kg N/ha/yr (refer Table 1).
Table 1: Summary of the Nitrogen Baseline (Overseer FM 6.3.5) for 4382 and 5601 West Coast
Road, Sheffield
Area Nitrogen Baseline
(ha) (kg N/ha/yr)
Whole farm 130.90 25
5
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldIn accordance with Policy 11.4.16, no reduction in the of the losses of nitrogen beyond the
nitrogen baseline are required despite the nitrogen loss calculation being greater than 15kg
N/ha/yr. This is due to the application site being a dryland deer farm which has not been
defined under Policy 11.4.16 and therefore falls under the ‘any other land use’ category (viii).
3.3 Duration of Consent Sought
Consent is sought for approximately 9 years (or until 31 December 2029).
4 ASSESSMENT OF ACTUAL AND POTENTIAL ENVIRONMENTAL EFFECTS
It is considered that the activity will have the following actual or potential environmental
effects.
4.1 Groundwater
Ecan’s GIS database identifies several active wells within close proximity to the site that draw
from a semi and confined gravel aquifer system. Piezometric contours indicate a groundwater
flow general direction of south east. There is one well within 2km south east of the property
that has been recently monitored for nitrate concentration. Table 2 provides the known water
quality data from this well.
Table 2: Water Quality Data for Monitored Wells in Close Proximity to 4382 and 5601 West
Coast Road
Well Depth Nitrate Concentration (mg/L) Count Date
(m)
Min Max Avg
L35/0596 17.00 3.20 14.00 5.80 40 2005-2021
The above table shows that nitrate concentrations were up to 52% of the maximum allowable
value of 11.3mg/L under the New Zealand Drinking Water Standards in well L35/0596 which is
located 70m south east of the farm. The most recent reading however, taken in January 2021,
recorded a concentration of 4.6mg/L.
Nitrate concentrations in private supply wells are spatially variable and depend on a number of
factors including depth. Whilst the data from L35/0596 provides some consistent monitoring
data, there no other wells within 2km south east of the farm have been monitored to support
this. Based on this, no conclusions can be accurately drawn from this information.
The key potential environmental effect is the leaching of nitrogen to groundwater from the use
of fertilisers and the urine of farm animals. This has the potential, together with the cumulative
effects of other farms leaching nitrogen, to adversely impact groundwater and potentially
surface water bodies where groundwater reaches the surface. This could potentially adversely
impact individual or community drinking supplies, and aquatic ecosystems.
6
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldThe soil types and ground conditions indicate a medium (100%) nitrogen, and a moderate
(100%) phosphorus leaching to groundwater potential.
To ensure ongoing minimal adverse effects on the environment the applicant will implement
the Farm Environment Plan to include and implement good management practises. As such it
is considered that the actual or potential adverse effects on groundwater quality will be less
than minor.
4.2 Surface Water
As described in section 1, there is only one waterway, an artificial water race, that flows through
the farm. The ‘local line’ water race, operated by the Selwyn District Council, is part of the
Malvern Scheme. In addition to this branch, it is noted that two main lines adjoin the north east
and south western boundaries, running parallel with Tramway and West Coast Roads
respectively. The closest river to the property is the Hawkins River which is located 0.5km west
of the farm.
As noted in the Applicant’s Farm Environment Plan, the water race is permanently fenced to
exclude stock. The fencing in place avoids any pugging, de-vegetation and bare earth being
exposed around the waterway.
Ongoing management of the waterway on the farm will occur through the preparation and
auditing of a Farm Environment Plan. Based on this, it is considered that the actual or potential
effects on surface water quality will be less than minor.
4.3 Soil Erosion
The application site consists of flat land and has predominantly ‘well’ drained soils.
The potential adverse effects relating to soil erosion include; surface water run-off and soil
compaction from stock and heavy machinery. These risks are higher in times of high rainfall,
and when soil is exposed (depending on the crop type) which can lead to dust when bare soils
dry out or increased sedimentation in runoff. To mitigate these effects, stock management and
cultivation practices will continue to be implemented with a particular focus on minimising dust
given the ‘well’ drained soil type.
The details around how potential and actual soil erosion is currently managed is set out in the
Farm Environment Plan to be audited. Some of the practices already in place include; using low
tillage cultivation practices, separating deer mobs where practical, using fence outriggers,
drenching young stock monthly with magnesium to assist with a reduction in pacing, filling and
resowing deer wallows, and maintaining good pasture cover.
It is considered that by managing stock and cultivation practices, the actual or potential effects
of soil erosion will be less than minor.
7
Stuart Charles Baxter
4382 and 5601 West Coast Road, Sheffield4.4 Cultural Effects
The application site has not been identified as being of significance to Ngāi Tahu therefore the
existing farming activity will avoid any adverse effects on cultural values.
4.5 Ecological Effects
No specific ecological values have been identified on the property itself or within close proximity
to the farm. Based on this, it is considered that the proposed farming activity will avoid any
adverse ecological effects will be less than minor.
4.6 Conclusion
On the basis of the above assessment the actual and potential effects of the activity on the
environment are considered to be no more than minor.
5 STATUTORY PLANNING ASSESSMENT
5.1 Structure of Statutory Planning Assessment
This section of the application sets out those provisions of the statutory planning instruments
that are relevant to this application. The assessment of actual and potential effects on the
environment set out in section 4 above addresses also is considered to describe how the activity
is able to meet the identified objectives and policies below. The assessment is laid out in the
following order:
• National Policy Statement for Freshwater Management 2020
• Resource Management (National Environmental Standards for Freshwater) Regulations
2020
• Canterbury Regional Policy Statement
• Canterbury Land and Water Regional Plan
• Selwyn District Plan
• Ngāi Tahu Freshwater Policy & Iwi Management Plans
• Part 2 of the Resource Management Act
5.2 National Policy Statement for Freshwater Management
On 3 September 2020 the National Policy Statement for Freshwater Management 2020 (NPS-
FWM 2020) came into force. The NPS-FWM 2020 provides a strong direction on how Te Mana
o te Wai should be applied when managing freshwater. There is now a hierarchy of obligations
that apply. This hierarchy prioritises firstly the health and well-being of the water bodies and
freshwater ecosystems, secondly, the health needs of people and thirdly, the ability of people
and communities to provide for their social, economic and cultural well-being. Underpinning
this hierarchy are six principles relating to Mana whakahaere, Kaitiakitanga, Manaakitanga,
Governance, Stewardship, and Care and Respect. These principles recognise the obligations,
roles, responsibilities and relationships that tangata whenua and all New Zealanders have with
freshwater.
8
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldWhilst Te Mana o te Wai expresses the connection between all New Zealanders and freshwater,
it acknowledges that by protecting the health and well-being of the freshwater resource as a
whole there will be a freshwater resource that is able to be used for human social, economic
and cultural needs. Territorial authorities through discussions with tangata whenua and the
local community will be able to say, and develop, how Te Mana o te Wai is in apply in a local
context through relevant regional and district planning documents.
Whilst ultimately Local Authorities will give effect to Te Mana o te Wai and the NPS-FWM 2020
through Regional Policy Statements, Regional and District Plans, this is not currently the case.
Until any relevant policy statements and plans have been updated the NPS-FWM 2020 will have
a greater weight at the resource consent application level under s.104(1)(b)(iii) of the Resource
Management Act 1991.
It is important to note that s.104(1) does not determine any hierarchy or weighting to be applied
to each matter the consent authority must have regard to. However, under s.104(2) when
forming an opinion on any actual and potential effects on the environment of allowing the
activity a consent authority may disregard an adverse effect of the activity if a national
environmental standard or the plan permits an activity with that effect. This is an important
consideration as the Resource Management (National Environmental Standards for Freshwater)
Regulations 2020 have been written to give effect to the NPS-FWM 2020. The regulations focus
on high-risk farming activities. Under these regulations some small scale intensification is
permitted. This provision, at least until Regional and District Councils have updated their plans,
will minimise the risk of contaminant discharges from increasing beyond minor amounts. This
is important as it does not reflect a requirement for an immediate scale back on existing
activities and a requirement for each individual application to immediately improve any
degradation in water quality. This acknowledges the importance of the Regional and District
Councils to work with their communities to prepare necessary plan changes to give effect to the
NPS-FWM 2020 and through Te Mana o te Wai setting limits, amongst other matters, on
resource use such as nutrient and sediment levels that are appropriate for freshwater
management in that locality.
As noted in section 1 of this application there is one waterway within the property, which is a
water race. The water race, operated by the Selwyn District Council, is part of the Malvern
Scheme. The water race that runs through the site eventually ends approximately 42km south
east of the property (likely due to water being drawn out and used, and natural filtration to
groundwater) and doesn’t appear to discharge into natural waterways. Due to this, there are
no surface water monitoring sites downstream of the property associated with to the water
races.
The closest surface water monitoring site to the property is SQ30937 which is located
approximately 0.8km south of the farm on the Hawkins River at the Deans Road bridge. This
site has been monitored for water quality for the past 15 years. The most recent recorded total
nitrogen concentrations was 2.4g/m3 in December 2019.
On a wider scale, the part of the application site lies within the Selwyn-Waihora catchment. The
LAWA trend data is for the catchment recorded at the Hawkins River monitoring site shows
‘likely and very likely improving’ trends for E.Coli, and ammoniacal nitrogen respectively with
the 5-year medians being 112 n/100ml and 0.05g/m3 respectively. While the trends for
turbidity, total phosphorus and dissolved reactive phosphorus are all declining, the state of
9
Stuart Charles Baxter
4382 and 5601 West Coast Road, Sheffieldthese indicators still place the quality in the best 25-50% of all sites. Total nitrogen and total
oxidised nitrogen also have declining trends, however their 5-year medians of 2.5 and 2.4mg/L
respectively are still well below the New Zealand Drinking Water Standard of 11.3mg/L.
The application site is also located within the Selwyn-Waimakariri Groundwater Allocation
Zone. As noted in Section 4.1 of this report, well L35/0596 which is located 70m south east of
the farm recorded a concentration of 4.6mg/L in January 2021.
Given this status Te Mana o te Wai implies an obligation on the applicant to show how the
farming activity provides for the health and well-being of the freshwater body. A resource
consent application can only relate this to the activities on the application site and how they
impact on the freshwater body. In assessing the activity’s consistency, or otherwise, with the
policies the hierarchy of obligations needs to be applied.
Policy 1: Freshwater is managed in a way that gives effect to Te Mana o te Wai.
In order to manage the health, well-being and ecosystems of both surface and groundwater
on the application site, the applicant carries out the farm practices detailed in the Farm
Environment Plan.
While the water race on the property is a Council protected asset the applicant is responsible
for the maintenance works, including the removal of blockages or excessive weed. As noted
in the Farm Environment Plan, this is undertaken only when required, and in a way that
minimises sediment loss and effects on aquatic life.
By implementing these and Policy 11.4.16 of the CLWRP, which requires nitrogen loss
reductions, it is considered that the activity’s impact on the health, well-being and ecosystems
of both surface and groundwater is being managed in a positive way.
The application site is located within the Selwyn-Waihora sub-region and as such was subject
to wider public consultation as part of Plan Change 1 to the CLWRP. This plan change
introduced required nitrogen reductions to provide for the on-going health and well-being of
this catchment. The applicant will have to meet these specified nitrogen reductions as a
condition of the resource consent if granted.
Under the hierarchy of obligations, the second matter to be addressed is the health needs of
the people. It is acknowledged that approximately 2.5km north west of the application site
there are two Community Drinking Water Protection Zones for Sheffield/Waddington.
However, due to the north-west location of the supplies in relation to the application site, and
the groundwater flow direction being south-east, it is considered that the activity on the
application site will not have an impact on the drinking water supplies.
Lastly the farm management practices undertaken via the proposed activity ensures the
surface and groundwater resources in this locality are able to provide for the current and
future social, economic and cultural well-being of people and communities.
Given the above, it is considered the activity on this application site is able to meet the
hierarchy of obligations and as such the freshwater is managed in such a way that gives effect
to Te Mana o te Wai.
10
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldPolicy 2: Tangata whenua are actively involved in freshwater management (including decision
making processes), and Māori freshwater values are identified and provided for.
Tangata whenua were actively involved in the plan-making process on Proposed Plan Change
1 to the CLWRP. On the basis that no specific cultural values have been identified within or
nearby the application site, iwi have not been directly contacted by the applicant in relation
to this application. The good management practices set out in the Farm Environment Plan will
ensure that cultural values in the wider environment are maintained.
Policy 3: Freshwater is managed in an integrated way that considers the effects of the use and
development of land on a whole-of-catchment basis, including the effects on receiving
environments.
This policy is difficult for a site specific resource consent application to meet. However, this
application site is located with the Selwyn-Waihora sub region. As such an integrated
approach to the catchment has been established as part of Plan Change 1 to the Canterbury
Land and Water Regional Plan (CLWRP) which will give effect to the hierarchy of obligations
in relation to Te Mana o te Wai. This application is only able to assess the hierarchy of
obligation and effects in relation to the application site. This has been assessed under Policy
1 above.
Policy 4: Freshwater is managed as part of New Zealand’s integrated response to climate
change.
Again this is a policy with wider implications and is difficult for a site specific resource consent
application to meet. However, the Applicant will ensure that the activity will implement Good
Management Practices’ around climate change where they are applicable to the farm system.
It is also noted that the Applicant will ensure that the capacity and flow is maintained in the
Council water race.
Policy 5: Freshwater is managed through a National Objectives Framework to ensure that the
health and well-being of degraded water bodies and freshwater ecosystems is improved, and
the health and well-being of all other water bodies and freshwater ecosystems is maintained
and (if communities choose) improved.
The new National Objectives Framework identified in the NPS-FWM 2020 sets higher
standards than those currently required under the CLWRP. These will need to be addressed
on a catchment wide basis and with community involvement as part of the review of relevant
planning documents to give effect to the NPS-FWM 2020. However, the applicant over the
last few years has introduced changes to their farming practices to ensure their activity’s
impact on the waterways in the location of the application site are improved. The farming
practices now followed are set out in the Farm Environment Plan.
Policy 6: There is no further loss of extent of natural inland wetlands, their values are protected,
and their restoration is promoted.
The application site does not contain or direct impact upon any natural inland wetlands.
Policy 7: The loss of river extent and values is avoided to the extent practicable.
11
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldThis application will not lead to the loss of any extent of the natural waterways within the
application site, therefore the loss of any river values will be avoided.
Policy 8: The significant values of outstanding water bodies are protected.
While there are no waterways within the application site that are identified as having
outstanding values, the Waimakariri River (3km north east of the farm) is a regionally and
nationally significant braided river.
Given that there are no waterways within the farm that discharge into the Waimakariri River,
it is considered that through the continued implementation of the Applicant’s Farm
Environment Plan the significant values of the river will be protected.
Policy 9: The habitats of indigenous freshwater species are protected.
No habitats of indigenous freshwater species have been identified within or nearby the farm,
therefore this policy is not applicable to the application.
Policy 10: The habitat of trout and salmon is protected, insofar as this is consistent with Policy
9.
The water race within the site is not identified as a trout and salmon habitat and therefore
this policy is not applicable to this application.
Policy 11: Freshwater is allocated and used efficiently, all existing over-allocation is phased out,
and future over-allocation is avoided.
This property is dryland, therefore this is not applicable to this application.
Policy 12: The national target (as set out in Appendix 3) for water quality improvement is
achieved.
This policy is difficult for a site specific resource consent application to meet and is a matter
for the catchment as a whole. However the current farm practices contained within the Farm
Environment Plan assist in improving the water quality and hence the health and well-being
of the water race where it passes through the application site.
Policy 13: The condition of water bodies and freshwater ecosystems is systematically
monitored over time, and action is taken where freshwater is degraded, and to reverse
deteriorating trends.
For this to be applicable to a resource consent there would need to be some form of
measurement of water quality on entry to the application site and on departure such that an
assessment and any trend over time can be made. This policy is better addressed at a
catchment level through the Regional Plan.
Policy 14: Information (including monitoring data) about the state of water bodies and
freshwater ecosystems, and the challenges to their health and well-being, is regularly reported
on and published.
12
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldWhilst the applicant could provide monitoring data on the state of the water race where it
passes through the application site this waterway is artificial and is supplied with water. The
data therefore would provide no meaningful information in relation to the proposed activity
on this application site.
Policy 15: Communities are enabled to provide for their social, economic, and cultural wellbeing
in a way that is consistent with this National Policy Statement.
The application provides for farming practices that will ensure the health of the freshwater
resources, in the locality of the application site, is sustainable. Over time, and with others in
the community also undertaking similar farming practices and improvements, the freshwater
resources will become healthier. This will result in positive effects on the social, economic
and cultural wellbeing of the local communities and the wider catchment.
5.3 Resource Management (National Environmental Standards for Freshwater) Regulations 2020
The Resource Management (National Environmental Standards for Freshwater) Regulations
2020 (NESF) bring in standards for farming activities in relation to stockholding area and
feedlots, agricultural intensification, intensive winter grazing and the application of synthetic
fertiliser to pastoral land. The NESF also includes standards relating to natural wetlands, and
fish passage.
The only regulations in the NES-F that are currently applicable in terms of timeframes, are those
relating to intensification of land use, feed lots, fish passage and natural wetlands. These
standards are not relevant to the proposed activity on the basis that the applicant is not
proposing to intensify land use, does not have a feedlot, and is not proposing to install any new
structures in waterways that would impede fish passage. There are also no wetlands on the
property.
5.4 Canterbury Regional Policy Statement
The Canterbury Regional Policy Statement (CRPS) provides an overview of the resource
management issues in the Canterbury region, and the ways in which integrated management
of the region’s natural and physical resources will be achieved.
The following CRPS objectives and policies are relevant to this application:
Objectives: 5.2.1, 7.2.1, 7.2.3, 15.2.1, 15.2.2
Policies: 5.3.2, 5.3.12, 7.3.1, 7.3.3, 7.3.5, 7.3.6, 7.3.7, 15.3.1 and 15.3.2
The relevant objectives and policies are concerned with enabling primary production,
protecting water quality, sustainable integrated management of fresh water and riparian zones
and enhancement, and soil erosion. These objectives and policies are met by the CLWRP.
Section 4 of this report addresses how the above objectives and policies can be met.
Accordingly, the activity is considered to be consistent with the CRPS.
13
Stuart Charles Baxter
4382 and 5601 West Coast Road, Sheffield5.5 Canterbury Land and Water Regional Plan
The CLWRP sets out how land and water are to be managed to provide for water quality in both
urban and rural areas. This Regional Plan predominantly focuses on managing the diffuse loss
of nutrients from farming activities and requires farmers to reduce nitrogen losses in some
situations.
Section 5 contains the region-wide rules while Section 11 contains policies and rules that are
specific to the Selwyn-Waihora Sub-region.
The following CLWRP objectives, policies and rules are relevant to this application:
Objectives: 3.1, 3.2, 3.5, 3.6, 3.7, 3.8, 3.11, 3.16, 3.23 and 3.24.
Policies: 4.1, 4.2, 4.3, 4.7, 4.11, 4.22, 4.31, 4.32, 4.34, 4.35, 4.38B, 4.40, 4.41, 4.41A,
4.41B, 11.4.1, 11.4.7, 11.4.13, 11.4.15, 11.4.16.
Rules: 11.5.6, 11.5.8 and 11.5.9.
These objectives relate to the management of land and water as integrated natural resources
recognising Ngāi Tahu relationship and understanding that land uses will continue to develop
and change in response to socio-economic and community inputs. There is a focus on the
quality and quantity of fresh water and its appropriate management and a recognition that
wetlands need protection as they contribute to the environment in many ways including
cultural, biodiversity and water quality. The CLWRP also seeks to minimise the impact of soil
erosion from human-induced activities.
Section 2 of the CLWRP sets out that the policies and rules in the sub-region sections implement
the region-wide objectives in the Plan in the most appropriate way for that specific sub-region.
It goes on to clarify that where the Plan contains policies and rules on the same subject matter,
the more specific sub-region provision takes precedence.
Policies 4.34, 4.35, 4.38B, 4.41, 11.4.1, 11.4.7, 11.4.13, 11.4.15 and 11.4.16 are concerned with
nutrient management and seek to ensure that water quality outcomes are met. These policies
seek to prevent increases in the loss of nutrients from farming activities and manage those
losses through the modelling and monitoring of nutrient loss. The Applicant recognises the
need to manage nutrients on farm to ensure that water quality outcomes are met. This is
reflected through the nutrient budget and farm environment plan attached as Appendices B
and C to this application.
Policies 4.1, 4.2, 4.3, 4.7, 4.31 and 4.32 seek to maintain the function and values associated with
water bodies, including by preventing intensively farmed stock. While the waterway running
through the property is an artificial water race, the applicant has permanently fenced it off to
exclude stock.
Policy 4.22 relates to sedimentation of waterbodies and promotes the adoption of control
methods and technologies to minimise this. As noted in section 4.3, and highlighted in the Farm
Environment Plan, the Applicant currently undertakes several good management practices to
minimise soil loss to waterways including using low tillage cultivation practices and techniques
to reduce deer pacing along fence lines.
14
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldThe Farm Environment Plan, under Policies 4.40,4.41 and 11.4.13, are recognised as a primary
means to identify and implement good environmental practises. Nutrient Loss will be managed
through appropriate monitoring and modelling so that best practicable options to minimise the
nutrient loss can be adopted and implemented. These will be identified and implemented
through the finalised Farm Environment Plan, which will also consider, where necessary,
riparian management, stock movement, and the application of fertiliser. The Farm Environment
Plan will be adapted, implemented, reviewed and monitored to ensure it remains applicable to
the farming activity and provides for implementation of good environmental practises.
Together these measures will ensure that the farming activity is suitable given the land
capability.
Nutrient budgets are required to be prepared in accordance with the Overseer Best Practise
Input Standards under Policy 4.41A. The nutrient budget report for this site is attached as
Appendix B.
Policy 4.41B seeks the auditing of Farm Environment Plans. This policy will be meet by an
auditing programme with a Certified Farm Environment Plan Auditor being undertaken.
In summary, the activity is considered to be consistent with the CLWRP.
5.6 Selwyn District Plan
The application site is zoned outer plains under the Selwyn District Plan.
The consent being sought by this application does not breach any rules within the Selwyn
District Plan.
5.7 Ngāi Tahu Freshwater Policy & Iwi Management Plans
Section 104(1)(c) of the Act, provides for iwi management plans to be considered.
Of particular importance to Ngāi Tahu, is its relationship with water and as such they have
developed the document “Te Runanga o Ngāi Tahu Freshwater Policy”. With respect to this
document, the following objectives and policies are considered to be relevant to this
application:
Objective: 6.2
This objective relates to freshwater sources. By ensuring that nitrogen losses do not exceed the
baseline of 25kg N/ha/yr, together with other good management practises through the Farm
Environment Plan the activity is considered consistent with this objective.
At a local level, freshwater and water quality, wetlands, soils and cultural landscapes are
managed through the Mahaanui Iwi Management Plan 2013 (MIMP). The relevant chapters,
objectives and policies are:
Wai Māori
Objectives: 3
Policies: 6.1, 6.2, 6.3, 6.15,6.16, 7.1, 7.10 and 7.12
15
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldPapatūānuku
Objectives: 4 and 5
Policies: 2.1, 8.1, 9.3 and 9.4
Te Waihora
Objectives: 2, 5, 6, 10
Policies: 4.1 and 4.3
This Iwi Management Plan, through the above objectives and policies, is concerned with an
integrated surface water/groundwater management. The applicant recognises this and has
aligned the activity to provide for this integrated management in a way that is both
economically and environmentally sustainable as set out in section 4 above.
In summary, the activity is considered consistent with the relevant values, objectives and
policies of the Te Runanga o Ngāi Tahu Freshwater Policy and Iwi Management Plan.
5.8 Part 2 of the Resource Management Act
Whilst this assessment has been completed with a greater focus on the lower order planning
documents, in the interest of completeness, an assessment under s104(1) of the Act has been
included. Resource consent applications are subject to “Part 2” of the Act. It is considered that
sections 5, 6, 7 and 8 are relevant.
Section 5
Section 5 sets out the purpose of the Act as “to promote the sustainable management of natural
and physical resources”.
Given the above assessment and the proposed mitigation measures it is considered that the
proposed activity is consistent with Section 5.
Section 6
Section 6 of the Act lists the matters that Consent Authorities shall ‘recognise and provide for’
when considering resource consent applications. These matters include, but are not restricted
to, the natural character of the coastal environment, wetlands, lakes and rivers; outstanding
natural features and landscapes; areas of significant indigenous vegetation or significant
habitats of indigenous fauna. The relationship of Maori and their culture and traditions with
the environment are also provided for.
It is considered that the proposed activity will not be inconsistent with Section 6 of the Act,
given the assessment that has been set out in Sections 4 and 5.
Section 7
Section 7 of the Act lists the matters that the Consent Authorities shall ‘have particular regard
to’ when considering resource consent applications.
Of particular relevance to this application are:
(a) Kaitiakitanga;
(b) The efficient use and development of natural and physical resources;
(d) Intrinsic values of ecosystems; and
16
Stuart Charles Baxter
4382 and 5601 West Coast Road, Sheffield(f) Maintenance and enhancement of the quality of the environment.
Given the aforementioned, the activity is considered to be consistent with Section 7 of the Act.
Section 8
Section 8 of the Act requires the principles of the Treaty of Waitangi to be taken into account
when considering the Activity. These have been considered in the aforementioned.
6 CONSULTATION
The application is for an existing activity that does not give rise to adverse environmental effects
that are more than minor, has a nitrogen baseline loss rate of no more than 25kg N/ha/yr,
includes mitigation measures around riparian management, stock movement, and the
application of fertiliser and will implement a Farm Environment Plan. There are no parties
considered to be affected by this proposal.
7 CONCLUSION
The activity will not exceed a nitrogen baseline loss of 25kg N/ha/yr.
Having considered the potential effects of the activity, together with the statutory planning
requirements, it is considered that any adverse effects on the environment are no more than
minor and that the activity is not contrary to the relevant plans and Part 2 of the Act can be
met. Therefore, it is considered that the resource consent can be granted.
17
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldAPPENDIX A: APPLICATION PLAN
18
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldAPPENDIX B: NUTRIENT BUDGET REPORT
19
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldAPPENDIX C: DRAFT FARM ENVIRONMENT PLAN
20
Stuart Charles Baxter
4382 and 5601 West Coast Road, SheffieldAPPENDIX D: WRITTEN APPROVAL – SELWYN DISTRICT COUNCIL
21
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4382 and 5601 West Coast Road, SheffieldYou can also read
