DECISION REPORT OF THE HEARINGS COMMITTEE
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IN THE MATTER OF the Resource Management Act 1991 (RMA or
the Act)
AND
IN THE MATTER OF TE AWAMUTU AND PIRONGIA WATER
SUPPLY - CONSENT APPLICATIONS
DECISION REPORT OF THE HEARINGS COMMITTEE
PURSUANT TO SECTION 104, 104A, 104B and 104C OF THE
ACT
Dated 27th March 2014
Hearings Committee Mr Greg Hill (Chair)
Ms Lois Livingston, and
Mr Tim Manukau.
11.0 THE APPLICANT AND THE APPLICATIONS:
The Applicant is the Waipa District Council (WDC).
The WDC has applied for a number of authorisations associated with the supply of water to
the Te Awamutu and Pirongia Townships set out in table 1 below. This supply is known as
the Te Awamutu water supply.
Table 1.
Application Purpose Location
No
121942 To use a water intake structure at the upper Te Tahi Rd - Pirongia
gravity intake
121945 To discharge up to 750 cubic metres per day of Te Tahi Rd - Pirongia
treated backwash water to the Mangauika Stream
121946 To discharge contaminants from the backwash Te Tahi Rd - Pirongia
pond and backwash sludge storage pond to
ground which may result in the contaminants
entering water (seepage)
121947 To dam up to 72,000 of water off stream Te Tahi Rd - Pirongia
associated with a raw water reservoir
124967 Take water from the Mangauika Stream for public Te Tahi Rd – Pirongia
water supply purposes (upper intake)
124968 Take water from the Mangauika Stream for public Te Tahi Rd – Pirongia
water supply purposes (lower intake)
In summary the proposal is set out below (noting that some of these activities are already in
place and consent is sought to replace those which have expired):
Take 19,000 cubic metres of water per day from the upper gravity fed intake on the
Mangauika Stream.
Take up to 3,700 cubic metres of water per day from the lower pumped intake on
the Mangauika Stream.
To dam the Mangauika stream associated with the upper intake.
To discharge seepage from the backwash and sludge storage ponds.
To dam water associated with the raw water reservoir.
Discharge up to 750 cubic metres of treated backwash water to the Mangauika
Stream
Installation of a continuous flow monitor just below the lower intake to monitor
residual flows in the stream below the intakes. Telemetry of this is to be back to
WDC.
Installation of a water measuring device on the lower intake conforming to
specifications (tamper proofing, accuracy, pulse output, daily recording and
reporting).
Minimum flow of 45 litres per second in the stream below the upper intake.
Minimum flow of 50 litres per second in the stream below the lower intake and
cessation of the use of the lower intake if the in-stream flow falls below 50 litres per
second for seven days or more.
Increase the minimum flow within the waterway to 76 litres per second below the
lower intake once the additional water source is implemented.
2 Upgrade to the backwash treatment system to provide for a working storage volume
of one days maximum backwash capacity (750 cubic metres) by increasing the
backwash pond.
Avoidance of short circuiting within the backwash pond via installation of geo-cloth
membranes.
Modification of the existing inlet/outlet including the installation of a floating weir.
Installation of manual valves on the high level overflow pipe to backwash stream
discharge.
2.0 THE DECISIONS
Pursuant to section 104A, 104B and 104C of the RMA the Hearings Panel has granted
consent to the applications set out in Table 1 above. The full decision and the reasons are
set out below.
3.0 THE HEARINGS PANEL, THE HEARING, ADJORNMENT AND CLOSING THE
HEARING.
The Hearing Panel membership was constituted in accordance with s28 of the Waikato-
Tainui Raupatu Claims (Waikato River) Settlement Act 2010 with Mr Greg Hill the Chair
(jointly appointed by Waikato Regional Council and the Waikato River Authority), Ms Lois
Livingston (appointed by Waikato Regional Council) and Mr Tim Manukau (appointed by the
Waikato River Authority), to hear and decide the applications.
The hearing was held in the Te Awamutu Lyceum Club – 321 Bank Street Te Awamutu,
commencing on Wednesday 12th December 2012. It was adjourned on Thursday 13th
December 2012 at the request of the applicant and the Waikato Regional Council (WRC).
The adjournment was for the parties to discuss the issues raised between them at the
hearing and to determine if they could resolve those issues and agree a set of consent
conditions should consent be granted.
The Hearing Panel received a joint memorandum from legal counsel for the applicant and
WRC on the 21st February 2014. That memorandum set out, amongst other things, that the
two parties had reached agreement on a set of conditions and requested that consents be
granted on this basis.
Given the length of time taken between the adjournment and receiving the memorandum the
Hearings Panel required some time to review the application, all of the evidence presented,
the joint memorandum and the suggested conditions of consent to determine:
Whether the hearing needed to be reconvened, and
Was there sufficient information to make a decision.
Having determined that the hearing did not need to be reconvened, and there was sufficient
information to make a decision, the hearing was closed on the 26th March 2014.
A site visit was carried out by the commissioners on the 11th December 2012.
4.0 BACKGROUND TO THE APPLICATIONS
The Te Awamutu water supply takes water from the Mangauika Stream south of Pirongia at
two intake sites. Infrastructure associated with the water supply includes a raw water
reservoir, a water treatment plant, two treated water reservoirs, a backwash reservoir and
pond and a disposal trench. From the water treatment plant water is supplied direct to
3Pirongia and the Fonterra Te Rapa Dairy Factory and to domestic users via the water supply
pipe network. This water supply is the sole source of water for these communities.
With the impending expiry of the water take consents held for the water supply, the WDC had
applied for the following consents in October 2010:
Application Purpose Location
No
121940 Take water from the Mangauika Stream for public Te Tahi Rd - Pirongia
water supply purposes (upper intake)
121941 To use water Te Tahi Rd - Pirongia
121942 To use a water intake structure at the upper Te Tahi Rd - Pirongia
gravity intake
121943 Take water from the Mangauika Stream for public Te Tahi Rd - Pirongia
water supply purposes (lower intake)
121944 To use water Te Tahi Rd - Pirongia
121945 To discharge up to 750 cubic metres per day of Te Tahi Rd - Pirongia
treated backwash water to the Mangauika Stream
121946 To discharge contaminants from the backwash Te Tahi Rd - Pirongia
pond and backwash sludge storage pond to
ground which may result in the contaminants
entering water (seepage)
121947 To dam up to 72,000 of water off stream Te Tahi Rd - Pirongia
associated with a raw water reservoir
These applications enabled the WDC to obtain a section 124 authorisation to continue taking
the water until a decision had been made on these applications (including any appeals). At
this time the WRC policy Variation No. 6 – Water Allocation (RPV 6) was before the
Environment Court; but is now operative.
Following receipt of the application a section 37 time extension was applied with respect to a
decision on notification to allow for technical reviews to be completed. In July 2011 the WDC
requested the applications remain on hold subject to the Environment Court issuing its
decision on RPV 6.
Following the supply of the requested further information, the WRC publicly notified the
above applications in November 2011.
In November 2011 the Environment Court issued an interim decision RPV 6 and the final
decision became operative on 10 April 2012. As a result of the new policy environment and
in response to further ecological investigations proposed by the applicant, two requests to
extend the timeframe in which a hearing is to be held were made by WDC and both agreed
to by WRC. New applications for the water takes were made by the applicant in July 2012.
The authorisations applied for in July 2012 were as follows:
Applica Purpose Location
tion No
124967 Take water from the Mangauika Stream for public Te Tahi Rd – Pirongia
water supply purposes (upper intake)
124968 Take water from the Mangauika Stream for public Te Tahi Rd – Pirongia
water supply purposes (lower intake)
.
45.0 NOTIFICATION AND SUBMISSIONS
Two notification processes were undertaken. Applications made in 2010 were publicly
notified in the Waikato Times and Te Awamutu Courier on Tuesday 15 November 2011 with
the date for the close of submissions being 13 December 2011.
Applications made in 2012 were publicly notified in the Waikato Times on Saturday 11
August 2012 and the Te Awamutu Courier on Tuesday 14 August 2012 with the closing date
for submissions being Friday 7 September 2012. Submissions received and a summary of
their concerns are as follows:
Submitter Processes Support/ Issues
Submitted Oppose/
On Neutral
Fonterra First & S Financial contribution of Fonterra to the Waipa
second District identified
Food production produced by the Te Awamutu
Plant identified
Fonterra draws directly off the town water
supply for use in the cleaning and
manufacturing of its products
Waipa DC and Fonterra have a consumption
agreement limit of 6000 cubic metres per day
– last agreed in 2009
Details of water use reduction from plant
optimisation at the site have been provided
An alternative water supply investigation (bore)
found the water unsuitable for use at the site
Granting of the consents will mean that
Fonterra’s Te Awamutu site remains viable
Granting of the consents will promote the
economic and social well being of the Te
Awamutu community including the farming
community that relies on the Fonterra Te
Awamutu site
Peter First & S All parts of the resource consent application
Marwood second supported
Chairman The water source is important for Te Awamutu
(Te Rore for community health
Water Supply The water source is important for the town
Group) industries to provide work and income for the
community (urban and rural)
Otorohanga First & S The continuation of this water supply is in the
District second public interest
Council
Apakura – Second N Greater use of technologies and modelling
Jenny Strengthen tangata whenua input utilising
Charman tikanga Maori
Greater protection over heritage sites
On-going consultation with tangata whenua
and local communities
Prioritise engagement aimed at endorsements
by tangata whenua for approval of works
Future proof planning for population increases
including industrial usages around sensitive
areas
Advance new requirements around withdrawal
of water By-laws and/or regulations to control
withdrawal
5 Incorporation of Maori voice in the conclusion
of the main document of which this paper is
making a contribution
Rawiri Bidois First O Cumulative effects on water takes
Cumulative effects of the backwash water and
contaminant discharges
Cumulative contamination
Department First & O Reducing stream flows reduces habitat
of second availability and increasing water temperatures
Conservation and the concentration of any point source or
diffuse discharges
Lack of riparian cover downstream of the take
will further reduce stream water quality and
value
Requests a programme take reduction and
peak usage
Biodiversity offset mitigation
Consent term of less than 15 years
Consideration as to the potential impacts of
the activity on the management of
conservation land including animal pest control
operations
James First & O WDC cannot be trusted to comply with any
Parlane second consent granted due to its previous history at
the site
Requests increased supervision/monitoring
Water conservation messages to the public by
WDC are dishonest. Asserts they are for cost
savings reasons and not due to water
shortages
Fonterra are given preferential treatment
(volume and cost) which is kept secret
Fonterra are known wasters of treated water
The application is for the treatment of water
and does not take into account the public’s
view e.g. removal of fluoride
WDC ought to be stabilising the supply by
connecting to the Pukerimu supply and it
should be establishing a back up supply of
water
6.0 APPEARANCES
The following people appeared at the hearing.
6.1 Applicant
Mr Berry and Mr Malone – Legal Counsel for the applicant,
Mr Livingston – the Major of Waipa District,
Mr Dyet – the Chief Executive of the WDC,
Mrs Kendrick – the Water Services Manager of the WDC,
Ms McCormack – Water Systems Specialist at MWH,
Mr Wilson – Tangata Whenua values and engagement at Maximize Consultancy
Limited,
6 Mr Hall – Senior Environmental Scientist at MWH,
Mr Harkness – Hydrologist at MWH,
Mr Jowett – Scientist/Engineer at MWH,
Mr Cameron – Environmental Scientist at MWH, and
Ms Hunter – Planner at MWH.
6.2 Submitters
Mr Carney – Fonterra’s Environmental Team Lead – Te Awamutu
6.3 The Council
Mr Milne – Legal Counsel for the applicant,
Ms Roa – The Reporting Officer,
Dr Brown – Hydrologist with the WRC, and
Dr David – Freshwater Scientist with the WRC.
7.0 STATUTORY PROVISIONS CONSIDERED
In making this decision we have considered the following statutory provisions:
Sections 104, 104B, 105, 107 and 108 (conditions of consent) and Part 2 of the RMA.
8.0 RELEVANT POLICIES AND PLANS
The relevant policies and plans considered are:
National Policy Statement Freshwater Management
National Environmental Standard for Sources of Human Drinking Water
The Measurement and Reporting of Water takes Regulations 2010
Waikato Regional Policy Statement (Operative and Proposed);
Waikato Regional Plan (WRP).
Other Matters
Waikato-Tainui Raupatu (Waikato River) Settlement Claims Act 2010 and
Te Ture Whaimana - The Vision and Strategy.
9.0 STATUS OF THE APPLICATIONS
7Consent Sought Activity Status Assessment
121942 Discretionary– 3.6.4.14 of the Discretionary
Water permit – Dam water Waikato Regional Plan.
on the
Mangauika Stream (upper
intake)
121945 Discretionary – 3.5.4.5 of the Discretionary
Discharge permit – Waikato Regional Plan.
Discharge treated
backwash water
121946 Discretionary – 4.2.4.4 of the Discretionary
Discharge permit – Waikato Regional Plan.
Discharge seepage from
the backwash storage and
sludge ponds
121947 Controlled – 3.6.4.9 of the Controlled
Water permit – Damming Waikato Regional Plan.
of water for raw water
reservoir
124967 Controlled – 3.3.4.14 of the Controlled - take
Water permit – take and Waikato Regional Plan. Restricted discretionary - use
use water from the upper Restricted discretionary – 3.4.5.5
intake
124968 Controlled – 3.3.4.14 of the Controlled
Water permit – take water Waikato Regional Plan.
from the lower intake
We note the following advice provided by WRC’s reporting officer.
Existing Consents
Consent number 117350 authorises the weir including the intake structure (upper intake
structure), lower intake structure and the fish passage located on the upper weir.
Permitted Activities Associated with the Site
The discharge of water from the raw water reservoir into the Mangauika Stream below the
upper intake, and at the Factory Road relief valve to the Puniu River are both permitted
activities (Rule 3.5.4.4). With the screening changes to the intake structures and Variation
No. 6 becoming operative as of 10 April 2012 the use of water associated with the lower
intake is now permitted and the application for this activity has been withdrawn. The use of
water associated with the upper water take has been incorporated into the water take
consent.
10.0 SUMMARY OF EVIDENCE
The Applicant
Mr Berry provided comprehensive opening legal submissions and called the following
witness:
The Mayor- Mr Livingston – provided an overview of the Waipa District, addressed the
anticipated growth of the Waipa District (including with respect to the Future Proof Strategy
and Waipa 2050), confirmed the Council’s intention to implement a supplementary water
source and outlined the importance of granting the resource consents for the maximum
duration sought by WDC.
8Mr Dyet, Chief Executive of the WDC – addressed key provisions of the WDC’s Long Term
Council Community Plan 2012 – 2022, the predicted growth in Te Awamutu and Pirongia and
the importance of continued abstraction from the Mangauika Stream for the maximum
consent duration.
Mrs Kendrick, Water Services Manager of the WDC – outlined the history of the abstraction
from the Mangauika Stream, the statutory responsibilities of the WDC with respect to
providing water supplies to the community, implementation of the water conservation and
demand management plan, the current scheme and proposed changes and WDC’s
commitment to implement a supplementary water source.
Ms McCormack, Water Systems Specialist, MWH - addressed the water conservation and
demand management plan that has been prepared for the WDC.
Mr Wilson, Maximize Consultancy Ltd - addressed matters relevant to the cultural impact
assessment that he prepared for the WDC as a result of his consultation with tangata
whenua.
Mr Hall, Senior Environmental Scientist, MWH – described the infrastructure for and
proposed methodologies of the water takes, assessed the capacity of the Mangauika Stream
to provide for the proposed water takes, addressed the allocation status of the proposed
water takes, described the proposed mitigation measures and addressed how the proposal
‘measured up’ against the extensive objectives that were initially set up for this project.
Mr Harkness, Hydrologist, MWH – primarily discussed the detailed synthetic flow record he
had derived for the Mangauika Stream given the absence of a detailed analysis by the WRC
as such an analysis would not be undertaken by the WRC until 2019.
Mr Jowett, Scientist/Engineer – presented evidence relating to the fish species in the
Mangauika Stream, that it presently supports a diverse and important number of species and
an appropriate low flow regime once a supplementary water source is brought online.
Mr Cameron, Environmental Scientist, MWH – presented evidence providing an assessment
of the effects of the abstraction and the backwash and commented on the appropriate
minimum flow once a supplementary water source is brought online.
Ms Hunter, National Planning Specialist, MWH - presented evidence of the relevant
provisions of the RMA and the planning documents and an assessment of them as well as
the actual and potential effects of the proposal. She provided her expert opinion on the
appropriateness of granting consent with provided a set of recommended conditions should
consent be granted.
Submitters
Mr Carney, Fonterra’s Environmental Team Leader – set out in his evidence that Fonterra
strongly supported the applications. He then set out Fonterra’s operation, their relationship
with iwi, the community and the WDC and their water efficiently measures. He set out that
Fonterra supported the grant of consent for a 35 year period.
Council
Mr Mine presented legal submissions (verbally) and called the following witnesses.
Ms Sheryl Roa, the Reporting Officer - in addition to her Section 42A presented evidence
which addressed the provisions of the NPS, the Vision and Strategy, Supplementary Water
Supply, Water Shortage conditions, Universal Metering, the Industrial/Commercial cap, the
Annual Volume limit. It was her view that the adverse effects of the allocation sought had
9not been adequately addressed. However in accepting that the water supply was an
essential service she considered it was appropriate to only grant an allocation within the
limits within RPV 6 (Table 3- 5), for a shorter time period than requested by the applicant (18
years) with conditions relating to: an annual volume limit, universal metering by December
2022, a cap on the volume of water supplied to industrial and commercial users and a water
shortage condition.
Dr Brown, Hydrologist with the WRC – set out in his evidence the water allocation concepts
in RPV 6 and chapter 3.3 Water Takes and 3.4 Efficient Use of Water of the Regional Plan,
flow statistics, hydrology of the Mangauika Stream and the term of the consent.
Dr David, Freshwater Scientist with the WRC – addressed the ecological integrity and
existing fish assemblages of the Mangauika Stream. He set out that the Mangauika Stream
provided a critically important haven for aquatic biota, particularly native fish, within the
Waikato Region. He accepted that while a “balance” in terms of competing interests needs
to be found, that there was a “real risk that rare biodiversity and ecosystem values [of the
Mangauika Stream] could be compromised and eroded if the existing situation is consented
for a further 35 years”1. He supported a shorter consent period (as opined by Ms Roa) and
appropriate fish monitoring.
11.0 THE PRINCIPAL ISSUES THAT WERE IN CONTENTION:
The principal issue that was in contention was whether the proposal as applied for was
sustainable – the applicant contending that the effects had been appropriately avoided,
remedied or mitigated while the consent authority did not agree but recommended that
consent could be granted for a shorter time period than applied for to address the adverse
effects. Most parties (applicant, WRC and submitters) sought that the applications be
granted due to the importance of a continued water supply for the Te Awamutu and Pirongia
townships. However it was the nature and adequacy of the recommended conditions of the
consent, as well as the consent duration, which was in contention.
WRC and DOC (a submitter who did not wish to be heard) considered that the Mangauika
Stream had significant biodiversity values and that these values needed to be better
recognised and protected than had been provided for in the applications. DOC, while not
seeking that the application be refused (those parts that could be refused), wanted to ensure
that the biodiversity values of the stream were recognised with appropriate consent
conditions including ensuring less water was taken once a supplementary source was found,
and that appropriate mitigation was undertaken to offset any adverse effects.
The WRC ‘position’ was that the applicant proposed to take too much water from the
Mangauika Stream, being considerably more than the minimum flow identified in the relevant
tables of RPV 6 and the default values in the NPS – Freshwater. Moreover Dr Brown stated
in his evidence that: “The high level of allocation for the Mangauika stream makes it one of
the most hydraulically altered streams in the region. This clearly highlight that we are
managing a stream where there is a high risk of adverse effects from allocation decisions.” 2
Ms Roa, relying on the evidence of the other council experts, addressed in her evidence
those matters set out in the summary evidence at section 10.0 above.
Given the ‘position’ of both the applicant and the council, the hearing was adjourned to
determine if the issues in contention could be resolved. As already addressed the two
councils have now ‘agreed’ a set of conditions and have sought that consents be granted on
1
Para 42 of Dr David’s evidence.
2
Para 10 of Dr Brown’s evidence.
10this basis. Accordingly we accept that the issues in contention set out above have been
resolved by the parties.
12.0 THE MAIN FINDINGS ON THE PRINCIPAL ISSUES THAT WERE IN
CONTENTION AND REASONS.
12.1 Overview
Our findings, the findings on the principal issues in contention, and the reasons for consent,
are set out below.
Section 104 sets out those matters we can have regard to in determining these applications -
namely the “sustainable management of natural and physical resources” and in accordance
with section 104(1) which states the following:
“104 Consideration of applications
(1) When considering an application for a resource consent and
any submissions received, the consent authority must, subject
to Part 2, have regard to–
(a) any actual and potential effects on the environment of
allowing the activity; and
(b) any relevant provisions of—
(i) a national environmental standard:
(ii) other regulations:
(iii) a national policy statement:
(iv) a New Zealand coastal policy statement:
(v) a regional policy statement or proposed
regional policy statement:
(vi) a plan or proposed plan; and
(c) any other matter the consent authority considers
relevant and reasonably necessary to determine the
application.”
11.2 The Planning Framework / Relevant Objectives and Policies - Adopting the Assessment of
Environmental Effects (AEE) and the Section 42A Report
The application documents (AEE), Ms Roa’s section 42A report (Section 7 – Statutory
Matters) and Ms Hunter’s evidence fully set out the relevant policy and plan matters that we
need to have regard to in determining these applications. Moreover as set out in Ms Roa’s
evidence “I am in agreement with Ms Hunter of the relevant planning instruments that are
applicable to this suite of applications”3.
Given this, and that the two councils have resolved the issues that were in contention, we
have not repeated or quoted the policy or plan provisions. We have instead adopted the
3
Para 14 of Ms Roa’s evidence.
11relevant parts of the AEE and Ms Roa’s section 42A report pursuant to section 113 (3) of the
Act.
11.3 Findings in terms of the relevant Objectives and Polices and the Effects of the Proposal -
section 104 (1) (a( and (b).
In terms of section 104 (1) (a) and (b) we have regard to the effects of the proposal and the
relevant provisions of the various planning documents.
The effects of the proposal, both positive and adverse were fully set out in the section 42A
report and in evidence from the WDC and the WRC. In summary those in contention are
those set out in Section 11.0 above, but relate to the extent that the Mangauika Stream
would be ‘over allocated’ and the adverse effects arising from this. These include the effects
on the ecological values of the stream and the cultural and spiritual effects to iwi.
With respect to the ‘agreement’ reached on suitable conditions of consent, the key
amendments to those presented by the WDC at the hearing relate to:
Ensuring that the proposed water take will avoid over-allocation in terms of the
provisions of the now operative Variation 6 to the Waikato Regional Plan (WRP)
(referenced as Chapters 3.3 and 3.4 of the WRP),
Including the ‘Tangata Whenua’ conditions as originally proposed by the WDC, and
We address these below.
Over Allocation
We accept that the changes to conditions 2 to 5 and 8 and 9 of the surface water take
consents (124967 and 124968) have been appropriately amended to provide for the
maximum volume of the takes and the maximum rates of take and minimum flow. These will
ensure that on the 31st December 2030, and for the duration of the consents after that, the
Mangauika Stream will not be over allocated.
We note that in the joint memorandum to us, the WRC and the WDC agree that the
amendments to the conditions are “entirely consistent with the requirements of RPV 6 and
will give effect to the provisions of the National Policy Statement on Freshwater Management
in relation to phasing out over-allocation by 31 December 2030”4.
We agree that the proposed conditions will ensure ‘compliance’ with RPV 6, the Vision and
Strategy, the NPS – Freshwater as well as the provisions of Waikato Regional Plan.
Tangata Whenua
The WDC sought inclusion of conditions (in the general conditions of consent) to enable a
review of the conditions of consent to provide for any future Treaty of Waitangi claims and to
ensure that the conditions were consistent with any amendments to Te Ture Whaimana (the
Vision and Strategy for the Waikato River). The conditions were not recommended in the
section 42A report as Ms Roa considered they were no longer necessary in light of various
treaty settlements that had been reached. Mr Wilson, for the applicant, opined that without
these conditions it was unlikely that the iwi would support the grant of consent.
As advised to us by the applicant’s legal counsel section 14(2) of the Waikato-Tainui
Raupatu Claims (Waikato River) Settlement Act 2010 (“WRA”)5 provides that a review of
resource consent conditions can occur to make the conditions consistent with the Vision and
4
Para 2.4 of the joint memorandum
5
Which applies by virtue of section 8 of the Nga Wai o Maniapoto (Waipa River) Act.
12Strategy after the Vision and Strategy has been reviewed and after the process in section 13
of the WRA has been followed. The process in section 13 sets out how the WRC and local
authorities must go about amending their planning documents when the Vision and Strategy
has been amended as a result of a review.
The parties have now agreed that the iwi conditions should be included, and recommended
to us that we include them. We agree and have included them as conditions 23 and 24 in
the General Conditions in Schedule 1 to the consents.
Overall, with the conditions of consent as now presented to us, we find that the proposal
‘satisfies’ the section 6(e), 7(a), and 8 matters of the RMA. Having regard to those
provisions we find that the consents recognise the relationship tangata whenua have with
the Mangauika Stream in terms of section 6(a) and enables them to exercise their
responsibilities as kaitiaki in terms of section 7(a). We also accept that the consultation
undertaken by WDC and the ongoing ability for tangata whenua to be supplied with
information and to liaise with WRC in relation to WDC’s water take is also consistent with the
principles of the Treaty of Waitangi as provided for in section 8 insofar as those principles
involve consultation, the concept of active protection and the concept of partnership.
Duration of Consents
Prior to the hearing adjournment Ms Roa recommended that if consent were granted it
should be for not more than 18 years. The reasons for this were addressed in her Section
42A report and in evidence, but in summary related to the potential over allocation of the
stream and the adverse effects that would arise from this. Given the issue of over-allocation
has been addressed by the parties, the recommendation to us is to grant the consents for the
period requested in the applications – being 32 and 35 years for the different consents as
set out in the schedule of consent conditions.
We agree that longer terms consent, with the recommended conditions, can and should be
granted. The longer consent durations provide greater community and investment certainty
and efficiency. The monitoring and review conditions will enable a review of the consent
conditions to ensure any adverse effects are or can be appropriately avoided, remedied or
mitigated.
Overall Findings and Reasons
We find that for the reasons set out above, the proposal is consistent with the statutory policy
and planning documents and subject to the conditions of consent which have been agreed
and for which we agree, the adverse effects have been appropriately avoided, remedied or
mitigated.
There are also positive effects from the proposal. These include the on going supply of
water to the communities of Te Awamutu and Pirongia enabling them to provide for their
social, cultural and economic wellbeing, while also sustaining the resource to meet the
reasonably foreseeable needs of future generations and safeguarding the life-supporting
capacity of the Mangauika Stream.
Section 104 is subject to Part 2 of the Act and we address this below.
13.0 Part 2 of the Resource Management Act 1991.
It is our finding for all of the reasons set out in this decision, and with the conditions of
consent, the applications ‘satisfy’ the requirements of Part 2 of the Act and will promote the
sustainable management of the natural and physical resources as required by section 5 of
the RMA.
13The proposal will recognise and provide for relevant section 6 matters (Matters of National
Importance) in terms of the natural character of the Mangauika Stream and its margins,
(section 6(a)), the protection of the Mangauika Stream as a significant habitat for native fauna
(particularly the shortjaw kokopu)(section 6(c)) and the relationship of tangata whenua with
their water sites (section 6(e)) and section 8 (Treaty Principles) for the reasons already
addressed above .
Also particular regard has been had to relevant section 7 matters (Other Matters) in terms of -
Kaitiakitanga, given the condition of consent, including enabling the establishment of
the WDC/Tangata Whenua Liaison Group and the other mitigation measures
addressed in the evidence of Mr Wilson (section 7(a)).
The efficient use and development of the Mangauika Stream (being a natural
resource within the meaning of the RMA) and existing infrastructure and protected
catchments (being physical resources within the meaning of the RMA) to be used
efficiently (section 6(b)).
Intrinsic values of ecosystems, the maintenance and enhancement of amenity values
and the quality of the environment, and protection of the habitat of trout as a result of
the conditions providing for screening of intakes, maximum intake velocities, minimum
flows, maximum abstraction rates and volumes, etc. (section 7(d),7(c) and (f),7(h)).
Overall enabling the use, development and protection of the Mangauika stream will enable
the people and communities of Te Awamutu and Pirongia and their hinterland to provide:
For their social, economic and cultural wellbeing in the sense of allowing for growth,
including industrial and commercial growth, the maintenance of living standards,
education, etc.; and
For their health and safety given the use of water for sanitation and provision for
hospitals etc,
while:
Sustaining the potential of the Mangauika Stream to meet the reasonably foreseeable
needs of future generations as envisaged by WDC into the long term, and
Safeguarding the life-supporting capacity of water and ecosystems, and
Ensuring any potential adverse environmental effects of the take on the stream or
aquatic biota can be appropriately avoided, remedied or mitigated.
For all the reasons set out above and exercising our overall broad judgment we have granted
applications. The consent conditions are attached in a separate schedule.
DATED this 27th day of March 2014
_________________________________________________________
Mr Greg Hill - Chairperson
14Resource Consent
Schedule A
Resource Consent: 121942
File Number: 60 55 73A
Waipa District Council
Private Bag 2402
Te Awamutu 3840
(hereinafter referred to as the Consent Holder)
Consent Type: Water permit
Consent Subtype: Dam
Activity authorised: To dam and occupy the bed of the Mangauika Stream (upper intake
structure)
Location: Te Tahi Rd - Pirongia (Te Awamutu Water Supply)
Spatial Reference: NZTM 1787492 E 5788746 N
Consent Duration: This consent will commence on the date of decision notification and
expire 32 years after commencement
Subject to the conditions overleaf:General Conditions
1. The consent holder shall undertake the activities authorised by this consent:
i) In general accordance with the application documentation titled “Te Awamutu
Water Supply Resource Consents Project – Resource Consents Application”
(Recorded as document number 2233151 on the Waikato Regional Councils
document recording system); and
ii) In accordance with the conditions of this consent.
In the event of any conflict between the application documentation and the conditions of
this consent, then the conditions shall prevail.
2. The consent holder shall be responsible for all sub-contracted operations related to the
exercise of this consent, and must ensure sub-contractors are made aware of the
conditions of this consent.
3. The consent holder shall pay to the Council any administrative charge fixed in accordance
with section 36 of the Resource Management Act 1991, or any charge prescribed in
accordance with regulations made under section 360 of the Resource Management Act.
4. The dam and associated structures shall be maintained in a structurally sound condition at
all times.
5. The consent holder shall undertake regular inspections of the dam and associated
structures and maintain them in good working order and rectify as soon as possible, any
damage that occurs to maintain the integrity of the dam and/or structures. Records of
these inspections and any works undertaken shall be kept and forwarded to the Waikato
Regional Council upon request.
6. The consent holder shall be responsible for the structural integrity of the dam and associated
structures.
7. The consent holder shall maintain the water intake structure clear of debris and
obstructions.
8. Any erosion or scour as a result of the dam and associated structures shall be remedied as
soon as practicable.
Review
9. In the six month period following 1 May 2015 and in the six month period following 1 July
every three years thereafter, the Waikato Regional Council may, following service of notice
on the consent holder, commence a review of the conditions of this resource consent under
section 128(1) of the Resource Management Act 1991 for the following purposes:
i. To review the effectiveness of the conditions of this resource consent in avoiding or
mitigating any adverse effects on water quality and aquatic fauna in the Mangauika
Stream from the exercise of this resource consent and if necessary to avoid, remedy or
mitigate such effects by way of further or amended conditions;
ii. To review the adequacy of and the necessity for monitoring undertaken by the consent
holder; and
iii. To address to any concerns raised by the Waipa District Council — Tāngata Whenua
Water Liaison Group.
iv. To address any matters relating to the implications of a change in Water Management
Class of the Mangauika Stream made through a plan change or variation to or review of
the Waikato Regional Plan.
Page 2Advice notes
1. This resource consent does not give any right of access over private or public property.
Arrangements for access must be made between the consent holder and the property owner.
2. This resource consent is transferable to another owner or occupier of the land concerned,
upon application, on the same conditions and for the same use as originally granted (s.134-
137 RMA).
3. The consent holder may apply to change the conditions of the resource consent under s.127
RMA.
4. The reasonable costs incurred by Waikato Regional Council arising from supervision and
monitoring of this/these consents will be charged to the consent holder. This may include but
not be limited to routine inspection of the site by Waikato Regional Council officers or agents,
liaison with the consent holder, responding to complaints or enquiries relating to the site, and
review and assessment of compliance with the conditions of consents.
5. Note that pursuant to s333 of the RMA 1991, enforcement officers may at all reasonable
times go onto the property that is the subject of this consent, for the purpose of carrying out
inspections, surveys, investigations, tests, measurements or taking samples.
6. If you intend to replace this consent upon its expiry, please note that an application for a new
consent made at least 6 months prior to this consent's expiry gives you the right to continue
exercising this consent after it expires in the event that your application is not processed prior
to this consent's expiry.Resource Consent
Schedule B
Resource Consent: 121945
File Number: 60 55 73A
Waipa District Council
Private Bag 2402
Te Awamutu 3840
(hereinafter referred to as the Consent Holder)
Consent Type: Discharge permit
Consent Subtype: Discharge to water
Activity authorised: Discharge treated backwash water to the Mangauika Stream
Location: Te Tahi Rd - Pirongia (Te Awamutu Water Supply)
Spatial Reference: NZTM 1789392 E 5788549 N
Consent Duration: This consent will commence on the date of decision notification and
expire 32 years after commencement
Subject to the conditions overleaf:
Page 2General Conditions
1. The consent holder shall undertake the activities authorised by this consent:
i) In general accordance with the application documentation titled “Te Awamutu
Water Supply Resource Consents Project – Resource Consents Application”
(Recorded as document number 2233151 on the Waikato Regional Councils
document recording system); and
ii) In accordance with the conditions of this consent.
In the event of any conflict between the application documentation and the conditions of
this consent, then the conditions shall prevail.
2. The consent holder shall be responsible for all sub-contracted operations related to the
exercise of this consent, and must ensure sub-contractors are made aware of the
conditions of this consent.
3. The consent holder shall pay to the Council any administrative charge fixed in accordance
with section 36 of the Resource Management Act 1991, or any charge prescribed in
accordance with regulations made under section 360 of the Resource Management Act.
Discharge Limits
4. The maximum discharge of treated water to the Mangauika Stream shall not exceed 750
cubic metres in any 24 hour period.
5. The maximum rate of discharge shall not exceed 8.7 litres per second.
6. From the date of commencement of this consent until 1 December 2015 the discharge of
treated backwash water to the Mangauika Stream based on four grab samples taken
immediately prior to discharge to the Mangauika Stream at a minimum of two monthly
intervals, shall comply with the following standards:
Parameters Maximum Concentration (g/m3)
Total suspended solids (TSS) 50
Dissolved Aluminium 0.6
Total Aluminium N/A
Free Available Chlorine (FAC) 0.1
7. Between 1 December 2015 and 29 June 2017 the discharge of the treated backwash water
to the Mangauika Stream based on four grab samples taken immediately prior to discharge
to the Mangauika Stream at quarterly intervals over a 12 month period shall comply with the
following standards:
Parameters Maximum Concentration (g/m3)
Total suspended solids (TSS) 10
Dissolved Aluminium 0.1
Total Aluminium 5
Free Available Chlorine (FAC) 0.1
8. From 30 June 2017 the discharge of the treated backwash water to the Mangauika Stream
based on four grab samples taken immediately prior to discharge to the Mangauika Stream
at quarterly intervals over a 12 month period shall comply with the following standards:
Page 3Parameters Maximum Concentration (g/m3)
Total suspended solids (TSS) 10
Dissolved Aluminium 0.1
Total Aluminium 5
Free Available Chlorine (FAC) 0.02
9. There shall be no visibly conspicuous discharge of oil or grease films, scums or floatable or
suspended materials in the waterway as a result of the discharge.
10. The discharge shall not cause conspicuous erosion or scouring at the point of discharge.
11. Notwithstanding the backwash water discharge limits imposed by conditions 6, 7 and 8 of
this consent, the consent holder shall make all reasonable and practicable endeavours to
ensure that the final treated backwash quality is at all times maximised within the
capabilities of the treatment system.
Backwash Process Review
12. The consent holder shall undertake a Water Treatment Plant Process Review to identify
potential methods to reduce the concentration of Free Available Chlorine (FAC) in the
backwash discharge to the Mangauika Stream within 12 months of the commencement of
this consent. The Process Review shall cover, as a minimum:
a. Potential options to reduce the concentration of FAC in the backwash discharge to
less than 0.02 g/m3;
b. A preferred option to reduce the concentration of FAC in the backwash discharge to
less than 0.02 g/m3; and
c. The confirmed timeframe for the implementation of the preferred option.
The results of the Process Review shall be forwarded to the Waikato Regional Council
within 12 months of the commencement of this consent.
Monitoring Report
13. A report detailing the daily volume discharged, rate of discharge and monitoring undertaken
(conditions 4, 5, 6, 7, and 8), together with a commentary on the significance of the results,
shall be provided to the Waikato Regional Council by 31st October each year that this
consent is current. Changes to the frequency of the monitoring referred to within conditions
6, 7, and 8 may occur with the written approval of the Waikato Regional Council.
Notification of Event/Incident
14. The consent holder shall notify the Waikato Regional Council as soon as practicable, and
as a minimum requirement within 48 hours, of the consent holder becoming aware of the
discharge standards within conditions 6, 7, or 8 being exceeded and/or of any accidental
discharge, plant breakdown or any other circumstances which are likely to result in those
standards being exceeded. The consent holder shall, within seven days of the incident or
non-compliance occurring, provide a written report to the Waikato Regional Council
identifying the exceedance, possible causes, steps undertaken to remedy the effects of the
incident and measures that will be undertaken to ensure future compliance.
Notification to Downstream Drinking Water Supplies
15. The consent holder shall as soon as reasonably practicable, notify all downstream water
supplies, and the Waikato Regional Council of any event that may in itself, or as a
consequence of the event, have a significant adverse effect on the quality of the water at
the abstraction point of any downstream drinking water supply.
Operations and Management Plan
Page 416. The consent holder shall within six months of the commencement of this consent, submit to
the Waikato Regional Council an Operations and Management Plan for the backwash
treatment system. The Plan shall be prepared by a suitably qualified and experienced
person and shall detail how the backwash treatment system is to be operated and
maintained to ensure compliance with the conditions of this consent.
17. The Operations and Management Plan shall address but not be limited to, the following
matters:
i. A description of the entire backwash treatment process and sampling points;
ii. A description of routine maintenance procedures to be undertaken to ensure
compliance;
iii. Specific management procedures for ensuring the efficient functioning of the backwash
treatment system;
iv. Procedures for recording routine maintenance and all repairs that are undertaken;
v. Contingency measures in place to deal with unusual events such as any treatment
failures;
vi. Maintenance and monitoring of the discharge structure;
vii. Other actions necessary to comply with the conditions of this resource consent; and
viii. Procedures for improving and/or reviewing the plan.
18. The consent holder shall manage the treatment pond and discharge in general accordance
with the Operations and Management Plan required by condition 16.
19. The Operations and Management Plan shall be reviewed and updated every three years for
the duration of the consent and submitted to Waikato Regional by no later than 31 October
2013 and thereafter of the year of the review and update.
De-sludging
20. The treatment pond shall be de-sludged when the depth of sludge in the backwash pond
reaches one metre measured from the base of the pond with the period between de-
sludging events to be no longer than three years. The sludge waste shall be disposed of
off-site in an approved sludge disposal area.
Monitoring
21. The consent holder shall monitor the environmental effects of the backwash discharge on
the aquatic ecology of the Mangauika Stream for the duration of the consent. For that
purpose, the consent holder shall, within six months of the commencement of this consent,
submit to the Waikato Regional Council for approval (in a certifying capacity) a Monitoring
Plan for the purpose of defining details of monitoring to be undertaken to identify and
document any potential adverse effects of the backwash discharge, including but not limited
to:
i. Any effects on aquatic fauna; and
ii. Any effects on aquatic habitat
Review
22. In the six month period following 1 May 2015 and in the six month period following 1 July
every three years thereafter, the Waikato Regional Council may, following service of notice
on the consent holder, commence a review of the conditions of this resource consent under
section 128(1) of the Resource Management Act 1991 for the following purposes:
i. To review the effectiveness of the conditions of this resource consent in avoiding or
mitigating any adverse effects on water quality and aquatic fauna in the Mangauika
Stream from the exercise of this resource consent and if necessary to avoid, remedy or
mitigate such effects by way of further or amended conditions;
ii. To review the adequacy of and the necessity for monitoring undertaken by the consent
holder; and
Page 5iii. To address to any concerns raised by the Waipa District Council — Tāngata Whenua
Water Liaison Group.
iv. To address any matters relating to the implications of a change in Water Management
Class of the Mangauika Stream made through a plan change or variation to or review of
the Waikato Regional Plan.
Page 6Advice notes
1. This resource consent does not give any right of access over private or public property.
Arrangements for access must be made between the consent holder and the property owner.
2. This resource consent is transferable to another owner or occupier of the land concerned,
upon application, on the same conditions and for the same use as originally granted (s.134-
137 RMA).
3. The consent holder may apply to change the conditions of the resource consent under s.127
RMA.
4. The reasonable costs incurred by Waikato Regional Council arising from supervision and
monitoring of this/these consents will be charged to the consent holder. This may include but
not be limited to routine inspection of the site by Waikato Regional Council officers or agents,
liaison with the consent holder, responding to complaints or enquiries relating to the site, and
review and assessment of compliance with the conditions of consents.
5. Note that pursuant to s333 of the RMA 1991, enforcement officers may at all reasonable
times go onto the property that is the subject of this consent, for the purpose of carrying out
inspections, surveys, investigations, tests, measurements or taking samples.
6. If you intend to replace this consent upon its expiry, please note that an application for a new
consent made at least 6 months prior to this consent's expiry gives you the right to continue
exercising this consent after it expires in the event that your application is not processed prior
to this consent's expiry.Resource Consent
Schedule C
Resource Consent: 121946
File Number: 60 55 73A
Waipa District Council
Private Bag 2402
Te Awamutu 3840
(hereinafter referred to as the Consent Holder)
Consent Type: Discharge permit
Consent Subtype: Discharge to land
Activity authorised: Discharge contaminants (via seepage) to land and groundwater from
backwash and sludge storage ponds
Location: Te Tahi Rd - Pirongia (Te Awamutu Water Supply)
Spatial Reference: NZTM 1789392 E 5788449 N
Consent Duration: This consent will commence on the date of decision notification and
expire 32 years after commencement
Subject to the conditions overleaf:
Page 2General Conditions
1. The consent holder shall undertake the activities authorised by this consent:
i) In general accordance with the application documentation titled “Te Awamutu
Water Supply Resource Consents Project – Resource Consents Application”
(Recorded as document number 2233151 on the Waikato Regional Councils
document recording system); and
ii) In accordance with the conditions of this consent.
In the event of any conflict between the application documentation and the conditions of
this consent, then the conditions shall prevail.
2. The consent holder shall be responsible for all sub-contracted operations related to the
exercise of this consent, and must ensure sub-contractors are made aware of the
conditions of this consent.
3. The consent holder shall pay to the Council any administrative charge fixed in accordance
with section 36 of the Resource Management Act 1991, or any charge prescribed in
accordance with regulations made under section 360 of the Resource Management Act.
4. The consent holder shall manage and maintain the integrity of the backwash treatment
pond and other structures that form part of the backwash treatment process so as to
minimise the volume of seepage from such structures as far as practicable.
Review
5. In the six month period following 1 May 2015 and in the six month period following 1 July
every three years thereafter, the Waikato Regional Council may, following service of notice
on the consent holder, commence a review of the conditions of this resource consent under
section 128(1) of the Resource Management Act 1991 for the following purposes:
i. To review the effectiveness of the conditions of this resource consent in avoiding or
mitigating any adverse effects on ground water quality from the exercise of this
resource consent and if necessary to avoid, remedy or mitigate such effects by way of
further or amended conditions;
ii. To review the adequacy of and the necessity for monitoring undertaken by the consent
holder; and
iii. To address to any concerns raised by the Waipa District Council — Tāngata Whenua
Water Liaison Group.
iv. To address any matters relating to the implications of a change in Water Management
Class of the Mangauika Stream made through a plan change or variation to or review of
the Waikato Regional Plan.
Page 3Advice notes
1. This resource consent does not give any right of access over private or public property.
Arrangements for access must be made between the consent holder and the property owner.
2. This resource consent is transferable to another owner or occupier of the land concerned,
upon application, on the same conditions and for the same use as originally granted (s.134-
137 RMA).
3. The consent holder may apply to change the conditions of the resource consent under s.127
RMA.
4. The reasonable costs incurred by Waikato Regional Council arising from supervision and
monitoring of this/these consents will be charged to the consent holder. This may include but
not be limited to routine inspection of the site by Waikato Regional Council officers or agents,
liaison with the consent holder, responding to complaints or enquiries relating to the site, and
review and assessment of compliance with the conditions of consents.
5. Note that pursuant to s333 of the RMA 1991, enforcement officers may at all reasonable
times go onto the property that is the subject of this consent, for the purpose of carrying out
inspections, surveys, investigations, tests, measurements or taking samples.
6. If you intend to replace this consent upon its expiry, please note that an application for a new
consent made at least 6 months prior to this consent's expiry gives you the right to continue
exercising this consent after it expires in the event that your application is not processed prior
to this consent's expiry.Resource Consent
Schedule D
Resource Consent: 121947
File Number: 60 55 73A
Waipa District Council
Private Bag 2402
Te Awamutu 3840
(hereinafter referred to as the Consent Holder)
Consent Type: Water permit
Consent Subtype: Dam
Activity authorised: To dam water and to use and maintain a reservoir, for domestic and
municipal water supply purposes
Location: Te Tahi Rd - Pirongia (Te Awamutu Water Supply)
Spatial Reference: NZTM 1787892 E 5788446 N
Consent Duration: This consent will commence on the date of decision notification and
expire 32 years after commencement
Subject to the conditions overleaf:
Page 2General Conditions
1. The consent holder shall undertake the activities authorised by this consent:
i) In general accordance with the application documentation titled “Te Awamutu
Water Supply Resource Consents Project – Resource Consents Application”
(Recorded as document number 2233151 on the Waikato Regional Councils
document recording system); and
ii) In accordance with the conditions of this consent.
In the event of any conflict between the application documentation and the conditions of
this consent, then the conditions shall prevail.
2. The consent holder shall be responsible for all sub-contracted operations related to the
exercise of this consent, and must ensure sub-contractors are made aware of the
conditions of this consent.
3. The consent holder shall pay to the Council any administrative charge fixed in accordance
with section 36 of the Resource Management Act 1991, or any charge prescribed in
accordance with regulations made under section 360 of the Resource Management Act.
4. The reservoir shall be maintained in a structurally sound condition at all times.
5. The consent holder shall undertake regular inspections of the reservoir and maintain it in
good working order and rectify as soon as possible, any damage that occurs to maintain
the integrity of the reservoir. Records of these inspections and any works undertaken shall
be kept and forwarded to the Waikato Regional Council upon request.
6. The consent holder shall be responsible for the structural integrity of the reservoir.
7. Any erosion or scour as a result of the reservoir and associated discharges shall be remedied
as soon as practicable.
8. A spillway shall be provided that allows the passage of the probable maximum flood event.
Review
9. In the six month period following 1 May 2015 and in the six month period following 1 July
every three years thereafter, the Waikato Regional Council may, following service of notice
on the consent holder, commence a review of the conditions of this resource consent under
section 128(1) of the Resource Management Act 1991 for the following purposes:
i. To review the effectiveness of the conditions of this resource consent in avoiding or
mitigating any adverse effects on water quality and aquatic fauna in the Mangauika
Stream from the exercise of this resource consent and if necessary to avoid, remedy or
mitigate such effects by way of further or amended conditions;
ii. To review the adequacy of and the necessity for monitoring undertaken by the consent
holder; and
iii. To address to any concerns raised by the Waipa District Council — Tāngata Whenua
Water Liaison Group.
iv. To address any matters relating to the implications of a change in Water Management
Class of the Mangauika Stream made through a plan change or variation to or review of
the Waikato Regional Plan.
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