To: Environment Canterbury

PO Box 345

Christchurch

 

 

Name of Submitter: New Zealand Fish and Game Council and North Canterbury Fish and Game Council ("Fish and Game")

 

Name of Applicant: Central Plains Water Trust and jointly Central Plains Water Trust and Ashburton Community Water Trust (together, "CPW")

 

Application: for resource consents to authorise the construction and operation of the proposed Central Plains Water Enhancement Scheme.  The consent application numbers are identified on the attached cover sheet, which forms part of this submission.  The submission by Fish and Game relates to the identified applications in their entirety.

 

Fish and Game's submission is:

 

Background

 

1.                  Fish and Game is the statutory manager of sports fish and game birds in the region, under the Conservation Act 1987, the Wildlife Act 1953 and associated regulations and notices.  Fish and Game is obliged to ‘manage, maintain and enhance sports fish and game birds in the recreational interests of anglers and hunters’ (section 26Q(1) Conservation Act).  Fish and Game is enabled to participate in the planning process ‘to represent the interests and aspirations of anglers and hunters in the statutory planning process’ (section 26Q (1)(e)(i) Conservation Act). 

 

2.                  There are a number of Fish and Game values that are relevant to, and affected by, the CPW proposal:

 

Sports Fishery

 

            [add comment on the significance of the Waimakariri and Rakaia rivers, citing any relevant reports etc., and include comment on the Waianiwaiwa River, Te Waihora/Lake Ellesmere, other rivers, lowland streams etc. as relevant. Refer description of environment in June 2006 AEE in sections 6.5.5, 6.6.3, 6.6.4, 6.7.1, 6.7.2 and 6.7.3]

 

            Natural values

 

            [refer description of in-stream habitats in AEE section 6.6.2]

 

            Wildlife and game birds

 

            [add comment on extent of activities being carried out in/around the rivers, lowland streams, Te Waihora/Lake Ellesmere etc. Refer description of terrestrial ecology, in-stream habitats and water fowl/small game hunting activities in AEE sections 6.6.1 and 6.6.2, 6.7.3]

 

            Public access

 

            [add comment on values important to Fish and Game. Refer also AEE 6.7.1, 6.7.2, 6.7.3 etc.]

3.                  [add comment on extent of consultation carried out by CPW and the extent to which any concerns raised by Fish and Game have been addressed by CPW.  Refer AEE section 5, where it is stated that Central Plains approached Fish and Game in 2000, which was followed by a technical meeting in October 2005.  It is stated in the AEE that Fish and Game sent specific questions to the CPW technical team for consideration, but has yet to receive a formal response.]

 

Effects

 

4.                  Fish and Game considers that the proposal will result in adverse effects that are more than minor.  The key issues of concern to Fish and Game in terms of the applications by CPW are outlined below:

 

Flow regime

 

5.                  Fish and Game is interested in maximising natural production, or at least ensuring that changes to river flows do not reduce a river's existing productivity. 

 

6.                  The main issue with an application of this nature is to provide a suitable flow regime which does not significantly reduce production of catchable sized fish and wildlife or impede recreational opportunities.  Experience elsewhere on braided rivers has shown that sustainable flow regimes and the factors that limit fish populations depend upon three factors, in addition to periodic flood flows.  First, an adequate minimum flow to sustain habitat and recreational fishing opportunities; second a suitable proportion of the flow above the minimum retained in-stream to sustain invertebrate production as the food source; and third, flushing flows to maintain the health of the river during long periods of low flow. 

 

7.                  The proposal by CPW will significantly increase the amount currently being abstracted from the Waimakariri and Rakaia Rivers. 

 

8.                  The taking of up to 40 cumecs of water from the Waimakariri River at times of moderate flows has the potential to significantly alter the distribution of flows in this important braided river.  CPW also seeks to use the unallocated winter water not currently part of Waimakariri Irrigation Limited's consent.  If flows are held at or close to the minimum flows specified in the Waimakariri River Regional Plan for significant periods of time, this could effectively 'flat-line' the river by suppressing flow variability. 

 

9.                  It is proposed to double the current take from the Rakaia River, with the intake structure being located in a meandering reach.  This may impact on the functioning and productivity of this important braided river. 

 

10.              The potential for an altered hydrological flow within the Waimakariri and Rakaia Rivers at key flows could have major effects on the way these rivers function and ability to sustain or enhance their many amenity and intrinsic values. 

 

11.              Fish and Game is also concerned about the implications for other rivers, such as the Waianiwaniwa, Hawkins and Selwyn Rivers, as well as the various lowland streams that will be affected by the CPW proposal. [add comment, including if relevant the potential effect on Te Waihora/Lake Ellesmere levels and implications of more frequent outlet openings]

 

12.              The applicant has failed to provide detailed hydrological information, as part of both its description of the rivers and how the proposal will change the current pattern of flows, to satisfy Fish and Game that the adverse effects of the proposed CPW scheme will be minor. 

 

Fish passage, movement and screening

 

13.              A major concern of Fish and Game is to ensure that salmonids (and native fish species) are still freely able to move between different parts of the river system in response to biological and other requirements (such as to avoid floods or natural low flows).  This improves the resilience of the fishery and can significantly enhance productivity and hence the likelihood of catching fish for the angler. 

 

14.              Fish screens at the intakes are proposed, as part of the CPW scheme, however the lack of sufficient detail raises a potential concern about the adverse effects on the fishery.  The substantial effects of large diversions in attracting and affecting salmonid populations in Canterbury have been recently documented, with few of these effective in ensuring fish are not attracted in proportion to the flows diverted.  Had Central Plains been able to provide sufficient detail and certainty that their scheme will not adversely impact fisheries in the system, Fish and Game might have more confidence in the proposed fish screening methods.

 

            Water Quality

 

15.              There is potential for considerable deterioration in water quality resulting from sediment discharge, flushing diversions, bywashes and extensive works that are proposed in the beds of rivers and streams.  There may be significant adverse effects on river and stream hydrology as a result of construction and operational activities.  The storage and use of hazardous substances also has the potential to adversely affect water quality. 

 

16.              The Applicant acknowledges that the use of the water for irrigation within the scheme area will result in leakage to the groundwater table.  The CPW scheme provides the opportunity for widescale conversion to dairy farming with consequential increases in nitrate loading.  The intensification will significantly increase nitrate levels in receiving surface waters.  Increased nitrate and phosphate loading to groundwater will result in increased eutrophication in Te Waihora/Lake Ellesmere and a number of lowland streams, with consequential effects on instream ecology and existing restoration works.  [refer Ross Millichamp's evidence in the Lynton Dairy case]

 

17.              It is also noted that eutrophication and weed growth in the Waianiwaniwa Dam, proposed as part of the CPW scheme, will significantly limit the stated recreational and amenity value of this reservoir.

 

Habitat

 

18.              The loss of instream habitat and riparian and wetland vegetation along the Waimakariri and Rakaia Rivers is of concern to Fish and Game. 

 

19.              The dust and noise generated by earthworks and other construction activities will also adversely affect amenity values and enjoyment of these important braided rivers. 

 

20.              The physical works in stream beds will destroy aquatic biota.  Inundation and use of the Waianiwaniwa Valley for water storage will cause permanent loss of riverine and riparian habitat [add further comment on Waianiwaniwa River/Valley, as relevant, as well as Te Waihora/Lake Ellesmere in terms of hunting and game bird values etc.]

 

Water Temperatures

 

21.              Water temperatures may be of concern with this proposal. [add comment, including any issues relating to turbidity]

 

Public access

 

22.              Fish and Game is concerned with maintaining and enhancing public access to the rivers and streams that will be affected by the CPW proposal. 

 

23.              Insufficient information has been provided by the Applicant, to satisfy Fish and Game that all       existing angler access points will be safeguarded or that public access will be generally maintained or enhanced. 

 

24.              It is considered that the recreational benefits of this proposal have been overstated.  In any event, this cannot be considered as 'compensation' for potential loss or restriction of access to the rivers and streams, and the risks to public safety in the vicinity of intake and discharge structures. 

 

Privatisation of fishery and wildlife habitat

 

25.              Fish and Game does not support the development of private fishing water as a matter of principle. 

 

Failure to mitigate effects

 

26.              No mitigation of any consequence is offered by the applicant for the substantial effects on Fish and Game interests.  There is an over-reliance on management plans as a means for controlling the effects of this proposal.  Fish and Game values the Waimakariri and Rakaia fisheries highly and does not consider the effects of the proposed scheme would only be minor.  Fish and Game is also concerned about the potential adverse impact on Te Waihora/Lake Ellesmere, the various lowland streams, rivers and other tributaries that will be affected by the Central Plains scheme.  The proposal has little merit over the status quo from Fish and Game’s perspective, and on the basis of a failure to mitigate effects, Fish and Game opposes the proposal completely.

 

27.              In summary, the adverse effects of the proposal that are unacceptable and must be avoided for the proposal to be in accordance with the purpose of the RMA are:

 

 

28.              In conclusion, according to the information currently available there are numerous adverse effects of the proposal that are more than minor.

 

Insufficient information, uncertainties and discrepancies

 

29.              The applications by CPW also contain a large number of uncertainties and contradictions, as well as matters which have not been properly assessed.  In particular, the failure to include the relevant supporting technical reports is considered by CPW to be a major deficiency and raises serious doubts about the environmental benefits of this proposal. 

 

30.              The key areas in which there is insufficient information are detailed in Appendix 1 attached, which forms part of this submission. 

 

Planning Context

 

31.              The operative Waimakariri River Regional Plan, the proposed Natural Resources Regional Plan, the operative Canterbury Regional Policy Statement, the National Water (Rakaia) Conservation Order and the proposed Selwyn District Plan are the planning documents that affect these applications.  [tactical consideration whether to add comment on Fish and Game intending to apply for a plan change in the Waimakariri River Regional Plan that will address the minimum flow regime, and participating in the NRRP etc.]  The applications should not be granted if doing so would or could result in an outcome which is contrary to or inconsistent with the provisions of these planning documents. 

 

32.              There are also a number of other plans that are relevant to a consideration of the CPW proposal and should be taken into account when assessing the effects of the scheme.  These include the Canterbury Conservation Management Strategy, North Canterbury Fish and Game Management Plan, Ngai Tahu Freshwater Policy, Te Taumutu Runanga Natural Resources Plan and Te Waihora Joint Management Plan.

 

Part II

 

33.              Fish and Game is seeking that the habitats of the species of interest are maintained to provide sufficient production of fish and birds to enable sustainable harvest and ensure there is opportunity for physical and legal access to enable the recreations of hunting and angling to occur.  It is therefore considered critical to sustain the resources of the Waimakariri and Rakaia Rivers, Te Waihora/Lake Ellesmere, lowland streams, rivers and other tributaries that may be affected by the CPW scheme. 

 

34.              In particular, the proposal fails to recognise and provide for sections 6(a) and (d) and fails to give adequate regard to sections 7(c), (d), (f), (g) and (h) of the Act:

 

6          Matters of national importance

  

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:

(a)        The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:

(d)                The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:

 

7          Other matters

  

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—

(c)        The maintenance and enhancement of amenity values:

                        (d)        Intrinsic values of ecosystems:

                       

                        (f)         Maintenance and enhancement of the quality of the environment:

                        (g)        Any finite characteristics of natural and physical resources:

(h)        The protection of the habitat of trout and salmon:

 

35.              Fish and Game also considers that the proposal does not promote the sustainable management of natural and physical resources, as expressed in section 5 of the Act. 

 

36.              In conclusion, in light of the concerns expressed in this submission, Fish and Game is strongly opposed to the CPW scheme.

 

Relief sought by Fish and Game:

 

37.              The application is put on hold, and a further information request made addressing the deficiencies identified above; or

 

38.              In the alternative, if the applications are considered only on the basis of the information contained in the AEE, then the applications should be declined; and

 

39.              On the basis of the above conclusions that:

 

a.                  The proposal is inconsistent with key objectives and policies of the relevant planning instruments;

 

b.                  The effects of the proposal are more than minor; and

 

c.                  The proposal is contrary to the purpose and principles of the Resource Management Act 1991;

 

            the applications must be declined in their entirety.

 

 

Fish and Game wish to be heard in support of its submission and would be prepared to consider presenting a joint case with any other submitter at the hearing.

 

 

 

Dated this 18th day of August 2006

 

 

 

___________________________________

Stephen Christensen/Jen Crawford

Counsel for New Zealand and North Canterbury

Fish and Game Councils

 

Address for Service:

Anderson Lloyd Caudwell

PO Box 13831

Christchurch

Ph (03) 379 0037

Fx (03) 379 0039


Appendix 2 Summary of the Effects of the Scheme as suggested by CPW, highlighting discrepancies and areas with insufficient information (page numbers refer to relevant volumes of the AEEs)

 

 

No

Page

Issue

Comment

Relief Sought