To: Environment and Planning Manager, Selwyn District Council                                    

From:  Royal Forest and Bird Protection Society of New Zealand Inc.

(Central Office)

 

Submission in opposition to applications by Central Plains Water for land use consents for the construction and use of pipelines, canals and other structures and works for the scheme 

Location: Between the Waimakairiri River and Rakaia Rivers, in the beds of the rivers, and various sites listed in applications.

 

Application numbers: Land use consents R065214 to R065219 inclusive

 

1.         Introduction

 

The Royal Forest and Bird Protection Society (Forest and Bird) is New Zealand’s oldest conservation organisation. It has founded in 1923 and currently has 56 branches throughout New Zealand with around 32,000 members.  The constitutional purpose of Forest and Bird is:

 To take all reasonable steps within the power of the Society for the preservation and protection of the indigenous flora and fauna and natural features of New Zealand, for the benefit of the public including future generations.”

 

The submission is:

 

This submission is on behalf of the Central Office of the Society. The submission relates to all of the land use consent applications. Forest and Bird opposes all of the applications.  The reasons for the submission are set out below.

 

The construction and operation of the intakes, associated river training works, bed disturbance and changes to the river beds, canals and races, and the construction and operation of the scheme and consequent land use intensification would have significant adverse effects on natural character, landscape, vegetation cover, ecological, intrinsic, recreational and amenity values, water quality and the ecology of the river mouths.  The scheme does not promote sustainable management.

 

Alternative sites and methods have not been adequately considered. These include improving the efficiency of existing water use. such as, improving the efficiency of existing i stock water race and open canal distribution systems (e.g. through piping), improving the efficiency of irrigation systems, and researching and promoting land uses with a low water demand, and promoting small scale on-farm water harvesting and storage. All these would either help “free up” existing water so it could be re-allocated to other users or restored to over allocated aquifers and rivers. 

 

The assessment of alternatives is insubstantial and lacks serious intent.

 

2.         Inadequate information

 

2.1       Failure to integrate information

The applicant’s failure to integrate explanatory material and technical reports into one coherent AEE which summarises and clearly describes the proposal and its effects, and references supporting technical information makes it difficult for submitters to understand, analyse and comment on the applications. The applicant’s ad hoc commissioning of technical reports (generally with a narrow brief), and spasmodic release of these (including after submissions have closed [1]) appears designed to obscure potential effects and obstruct informed public submissions and consideration by the consent authorities.

 

2.2       AEE inadequate

The Assessment of Environmental Effects (AEE) does not satisfy the requirements of section 88 and the Fourth Schedule of the Resource Management Act (RMA). By not examining potential adverse impacts in sufficient detail or scope, the applicant is also under-stating their seriousness, extent and scale.  This unnecessarily burdens consent authorities and submitters with having to investigate and assess these.

 

The effects assessment does not reflect the scale, significance or complexity of the proposal. There is little or no original investigation or research which seeks to understand or evaluate the scheme’s impacts on the river ecosystems, landscapes and social and cultural values they support. Its inadequacy means that it is impossible to identify all of the potential effects or assess their significance.

 

The AEE has few references to the technical reports and studies which should support it, or to the methods, data and analyses used to arrive at the AEE’s conclusions on land use impacts. Providing the methodology, data sources and analyses used to justify the conclusions reached is a basic part of scientific method. The failure to do so here makes it difficult to undertake a meaningful scientific review of the effects of scheme.

 

The applications rely on yet to be prepared management plans to address adverse effects such as land rehabilitation and restoration, dust, and significant natural areas.  This means the consent authority and submitters cannot consider how effects are to be avoided, remedied or mitigated and there is no certainty that the plans will be adequate.  The fact that the requiring authority may at any time submit an amendment to the Plans to the Council increases the uncertainty.

 

Forest and Bird supports the Selwyn District Council’s s92 request for further information [2] and the inadequacies in the AEE identified by consultants to Council. The information subsequently provided, particularly on potential ecological, landscape and recreational effects remains inadequate.

 

There is inadequate information on many matters, and measures to avoid, remedy or mitigate such effects, including the following:

 

2.3       Natural character and ecological effects

The elements which contribute to the natural character, landscapes and natural features of the Rakaia and Waimakariri Rivers and other affected streams are not fully described.  Without a comprehensive assessment of the Plains landscape and the natural character of the rivers and Wainiwaniwa valley, the scheme’s effects (including of canals, races and earthworks) cannot be assessed.

 

The nature and extent of the earthworks and disturbance in the beds and margins including river terraces to construct and maintain the intakes and river training works, crossing points and siphons and the ecological and other values of the sites and how they will be affected are not described adequately.

 

The AEE (s3.4.4) notes that the works between the intake and the sidling canal on both rivers will be on “relatively undeveloped riverberm”.  Riparian areas potentially include significant indigenous vegetation remnants because they are “undeveloped.”  The significance of indigenous and other vegetation on the riparian margins and its value as habitat for indigenous species and the effects of intake works and canal construction on its extent and health should be described and assessed.  Areas of significant indigenous vegetation and habitats should be identified and mapped.

 

The potential for increased weed spread from disturbance in the riverbeds and earthworks and construction machinery providing a mechanism for spread is not examined.

 

The canals cross several streams and rivers and potentially obstruct natural flows and fish passage, and affects natural functioning and character in each of these waterways. Water has to be piped, siphoned or otherwise taken under or over the streambeds. The values of these streams and the crossing sites, and the nature, extent, and effects of the associated earthworks and disturbance are not described.

 

The proposal to do “detailed investigation of the local instream habitat conditions at each of the proposed crossing locations to determine if any significant or sensitive habitats…. exist in the area prior to any construction activities occurring”[3] is opposed as being too late. This information is needed as part of the designation process to assess effects. There is no certainty that significant habitats will be protected.

 

For a project of this size and scale comprehensive field surveys are needed of all affected waterways to describe their habitat values and aquatic fauna present, with more detail for affected reaches. This is needed to assess the significance of affected reaches in the context of each river as a whole and of other lowland rivers and streams in the Ecological District and Region.  Forest and Bird highlighted the need for such ecological investigations repeatedly in 2000-2001 meetings. The Kingett Mitchell report on instream habitat[4] simply describes examples of each of four main generic aquatic habitats, and provides little substantive information on the affected waterways. There is little or no information on aquatic fauna, and no context. The habitat modelling approach used is simplistic and understates the values of the affected waterways for indigenous species.

 

The 38 kms of hillstream habitat that will be destroyed by reservoir construction are not described (e.g. through field surveys and other research which characterise affected streams and/or stream reaches, their habitat values, describe the fauna present, and assess their significance as aquatic habitat). Accordingly, the effects of their inundation cannot be assessed. 

 

The claims that the canals will provide similar habitat to the RDR canals and stock water races are not substantiated or given any context by an actual surveys or descriptions of the habitat and species present in the canals (based on field surveys) or any assessment of the value of the canal habitat, relative to natural waterways in the Ecological District. 

 

Significant natural features such as geopreservation sites and effects on them have not been identified or assessed.

 

2.4       Terrestrial habitat values and effects

The intakes, headworks, canals, reservoir, siphons, roads and other scheme infrastructure involve extensive vegetation clearance and earthworks yet there is no description or mapping of the affected indigenous vegetation and habitats, or assessment of their ecological significance in the context of the ecological district, ecological region or land environment.

 

The comprehensive destruction of indigenous vegetation and habitats on the Canterbury Plains means that even small indigenous vegetation remnants and single trees can be significant in terms of s6(c) RMA because of their rarity. Existing ecological information is limited for parts of the scheme area, e.g. no PNA surveys have been done of the Waianiwaniwa Valley to identify indigenous remnant vegetation here,

 

A thorough ecological assessment (including botanical and wildlife surveys) is required of all areas within the scheme footprint, including areas directly affected by scheme infrastructure. A similar assessment is needed of lands likely to be affected by intensification and changes in vegetation cover. Such assessments should survey, describe, map the indigenous vegetation present; survey, describe, map and assess indigenous wildlife habitats; assess the significance of vegetation and habitats in the context of the ecological district; describe and quantify the scheme’s effects; and outline mitigation measures. Mixed indigenous shrublands on the terrace risers of the Waimakariri, Selwyn and Rakaia Rivers have potentially significant indigenous vegetation, for example.

 

A faunal assessment of indigenous habitat remnants and associated areas is required given that indigenous invertebrates, lizards, and birds are likely to be present.  Such an assessment should include riparian and riverbed areas.

 

The Kingett Mitchell report on terrestrial ecology [5] is a superficial assessment with no field component. It which does not provide an appropriate ecological context or framework.

 

The proposal to survey canal routes and other areas within the scheme footprint before or during construction is opposed as postponing collection of information on potential effects which is needed as part of the consent and designation process. There are likely to be many ecological values within the footprint area that have not been identified that will be affected, such as along the river terrace risers.

 

2.5       Landscape

The AEE (s6.10.1) has very short description of the plains landscape but no description of the river corridor landscape or outstanding natural features such as Te Waihora, and an assessment of the scheme’s effects on these. Again it is inadequate.

 

2.6       Sediment

The banks of the Waimakariri and Rakaia rivers are steep in places. Here and on stream crossings the earthworks required to construct the intakes, sidling and other canals could cause significant riverbank erosion, bank collapse, and sediment discharges.No geotechnical investigation appears to have been done to assess ground stability or the extent and severity of such sediment discharges and their effects on the rivers and aquatic habitat.

 

2.7       Gravel and spoil

Gravel is required for construction works, e.g. lining of canals and the core of the dam.  The values of the source sites (e.g. Waimakariri and Wainiwaniwa), the quantities required and the impacts of extraction on gravel replenishment and river functioning, the values at these sites, the impacts of extraction on other species and the landscape impacts of large gravel dumps at construction sites are not examined. The expectation (AEE 3.5.4) that “materials encountered along the alignment” will be suitable is not substantiated by geological or other information.

 

The NOR notes that further consents may be required from ECAN to take filter sand and gravel from the Waimakariri River[6] . These effects should be considered as part of these applications given the scale of the scheme and the volumes of material likely to be required and needing on site storage.

 

The effects of large dumping sites for spoil from construction of intakes, canals (where surplus to requirements for embankments), and more than 110,000 cubic metres from the tunnel to the storage lake are not adequately assessed. These include landscape impacts, and potential for sediment contaminated run-off.

 

2.8       Energy demand

The  assessment of effects[7] has not calculated the energy demand of the scheme as a whole for moving and pumping water, including the estimated power demand of individual landholders to irrigate land. Dairying has caused a major increase in power demand which has consequent adverse effects on the natural character of rivers, lakes, landscapes from new proposed new hydro, wind, and thermal generation proposals (e.g. Meridian’s proposed North Bank scheme on the Waitaki, various proposals on the Stour, Ashburton and Hurunui Rivers, and Trustpower’s proposed hydro schemes for the Wairau River). Increased energy demand is a clearly foreseeable direct effect of this scheme and contributes to it not promoting sustainable management.

 

Nor has the applicant calculated or assessed the energy required for transporting and processing milk generated by increased dairy production which scheme would promote. Milk often has to be transported long distances for processing. Conversion of milk into milk powder is enormously energy intensive.

 

2.9       Climate change

The International Panel on Climate Change confidently predict a global warming of between 1.4 and 5.8°C in the next 100 years.  New Zealand authorities predict an increase in average summertime temperatures of 1.2 °C- 1.6 °C, a 0-10% increase in average summer rainfall and 0-15% decline in average winter rainfall in the scheme area over the next 75 years. Significant changes to precipitation (including snowfall) may result in longer dry periods and increased flooding. The impact of climate change and the sustainability of the large takes, and irrigation based land uses have not been considered in the AEE.

 

Cattle, sheep and other domestic stock are the major single source of New Zealand’s greenhouse gas emissions (producing about 40 percent of New Zealand’s total greenhouse gases, principally methane in 1998) . Agricultural land use also produces nitrous oxides. By increasing the number of farmed animals over the more than 60,000 ha. the scheme will increase emissions contributing to climate change and obstruct New Zealand’s achievement of the Kyoto Protocol targets.  This has not been calculated or assessed.

 

2.10     Economic uses associated with rivers and natural landscapes

Non extractive use of the rivers, riverbeds and lands around them generate substantial economic benefits (e.g. through tourism, recreational outfitting, adventure events such as the Coast-to Coast). The intake structures, riverbed disturbance and canal and water race networks potentially have severe economic costs which have not been assessed.

 

The Rakaia, Waimakariri and Selwyn Rivers, Te Waihora and other natural areas provide significant ecosystem services – the processes that nature provides for free and from which we benefit – such as fresh water filtration, drinking water, erosion and flood control, riparian and other wetlands to buffer against flood events.  If the ability of natural areas to provide these services is destroyed or compromised by the scheme they are virtually impossible and very expensive to try to replace artificially (e.g. the costs of alternative sources of drinking water for Christchurch would be substantial if groundwater is compromised by the land use intensification).

 

The net present value of these ecosystem services or how they will be affected has not been assessed. The economic analysis of the scheme’s impacts on the regional economy based on output, added value and jobs is unduly narrow. It overstates economic benefits and ignores economic costs including the economic costs associated with environmental degradation.

 

2.11     Recreation and amenity values and public access

Current public recreational use of the rivers and their margins – not just for wet uses, such as fishing, kayaking, and boating but use of the whole river corridor, e.g. for walking, picknicking, and nature study are not adequately described. The different recreational uses, their significance, the number of people involved, the way in which they value the river, and the effects of diminished and less variable flows, and the scheme structures and riverbed disturbance on these uses are not described. Nor is their any information on the contribution such uses make to the regional economy (e.g. recreational outfitting, as part of the domestic tourism sector).

 

The extent to which public access to streams and rivers in the scheme area is reduced is not assessed.

 

2.12     Land use effects on lowland streams and Te Waihora/Lake Ellesmere

Land use effects and effects on water quality of lowland streams and groundwater from land use intensification and irrigation have not been adequately assessed.  Plant growth (both terrestrial and aquatic, including periphyton and aquatic macrophytes) is assisted by phosphorus as well as nitrogen. The growth of algae in Canterbury rivers and streams has been shown in a number of cases to be limited by phosphorus rather than nitrogen.  Phosphorus levels in the Central Plains area  (< 1mg/L)[8] are already up to 1000 fold higher than the NZ periphyton guidelines for prevent nuisance growths (between 0.0001 and 0.026 mg/L depending on the frequency of fresh events). Accordingly, even a small increase in phosphorus concentrations as a result of the overland run-off from scheme could have significant impacts on lowland streams and Te Waihora.

 

2.13     Health effects

The effects on the health of aquatic species and human health, such as a significant increase in Cryptospiridium outbreaks because of increased faecal contamination of waterways and increased dairy cow numbers have not been assessed.

 

3. South Bank Rakaia part of scheme

 

The scheme involves either an intake on the south bank of the Rakaia River for proposed abstraction by the Ashburton Community Water Trust (ACWT) scheme or sharing the water from the north bank intake between CPW and ACWT [9].  Water permits for the south bank intake have been sought as part of CPW’s applications to Environment Canterbury.

 

No information is publicly available on the infrastructure proposed to carry and distribute the south bank water, or where or how it is proposed to be used.   No land use consent applications or designation application have been notified by Ashburton District Council.  A new headrace and 50-60 m wide canal system on lands south of the Rakaia would have significant adverse effects.  It is good practice for all consent and related applications for a project to be heard together. Unless the proposed ACWT takes are severed from CPW’s applications to Environment Canterbury, hearings on the CPW proposal should be delayed until the Rakaia south bank part of the scheme has “caught up” with a full AEE, and notification of and public submissions on the additional consents and designations sought.  

 

Part II Resource Management Act

 

4.         Section 5 - Sustaining the potential of natural resources

Granting the applications as sought would not promote sustainable management and would be inconsistent with the purpose and principles of the Resource Management Act (RMA), in particular sections 5, 6, and 7 for the reasons below.

 

The applications do not safeguard the life supporting capacity of the Rakaia and Waimakariri Rivers and other affected water bodies because of the adverse effects on the natural character, of the rivers, the reduction in habitat quality and its extent, and the severe potential effects on ecological, landscape, amenity and intrinsic values.

 

The applications do not allow many people and many parts of the community to provide for their social, economic and community wellbeing because of the extensive and unsustainable land use intensification which the scheme will cause.

 

The Ritso Society’s Code of Practice appears intended to promote emissions trading [10]which suggests that the scheme will enable contaminant discharges through payment to CPW Ltd or the Trust.  This together with the CPW Trust’s lack of independence and its ability to be directed by the CPW Ltd means that the scheme’s financial benefits would be captured by a small number of company shareholders, not the community. The community and the natural environment would bear the significant costs of the scheme.

 

4.1       Section 5(2)(c) Avoiding remedying and mitigating adverse effects

The applications do not adequately avoid, remedy or mitigate the adverse effects of the activities on the environment. Adverse effects on indigenous ecosystem values and functioning are not adequately described. The measures to avoid, reduce or mitigate these impacts are inadequate or poorly targeted because of these information gaps.

 

The effects of more intensive land use (e.g. dairying) which are driving the scheme are not adequately examined.

 

The scheme has very significant adverse effects. Any positive economic effects from farm development and dairying associated with irrigation are overstated and the environmental externalities and related economic costs for such growth are largely ignored.

 

4.2       Land use intensification

As the Ministry for the Environment has noted:

 The addition of water to farm systems can have greater adverse effects on water quality than the taking of water for irrigation. This is because additional water input such as irrigation of grazed dairy pasture accentuates nitrate leaching by increasing annual hydrological recharge.”[11]

 

Increasing water availability on the plains will intensify land use on more than 60,000 ha. of the central plains with potentially severe effects on water, including groundwater quality,  lowland streams, Te Waihora  and coastal waters, well beyond the Central Plains area.

 

Land use intensification on the plains to date has depended largely on the choice individual landholders over time. By providing water to 60,000 ha. at once, the canals and races would cause a dramatic surge in intensification and conversion to dairying, effluent spreading, stock access to waterways, damage to riparian vegetation and margins, and soil compaction.  The impacts of the associated surge in nutrient, microbial and sediment contaminants have not been adequately examined.

 

The Ritso Society’s Irrigation Sustainability Code of Practice is not part of the applications, and is not publicly available. There is no certainty that it will avoid, remedy or mitigate effects on water quality or achieve water efficiency, or restrict stock access to waterways, or avoid soil erosion, or that if developed it will be enforced. While fertiliser application may be controlled to reduce nitrate contamination, animal urine is a major source of nitrate contamination. No measures are proposed to avoid , remedy or mitigate these effects.

 

5.         Section 6(a) Natural character of the coast, lakes, rivers, wetlands and their margins 

 

The extensive earthworks, blasting, rock protection, groynes and riverbed disturbance caused by construction and maintenance of intakes, canals, river crossing and training works would degrade natural character and landscape values. Ongoing disturbance of the riverbed is likely to be required to maintain a flow to the intakes.  The applicant seeks carte blanche to disturb the riverbeds and undertake earthworks over large areas. The sediment sluice, sand trap zones, river training and other works in the bed and along the margins of the rivers will destroy their natural character for kilometres at each of the four intake locations.

 

5.1       Effects of mixing waters

The scheme is likely to result in the mixing of waters from the Waimakariri, Rakaia and Selwyn River catchments, and possibly other waterways.  For example, flows in the headrace canal, distribution network, and Waianiwaniwa reservoir would be sourced from both the Waimakariri and Rakaia rivers, by-wash from the distribution network will contain mixed waters, as will emergency discharges.

 

Mixing waters from different rivers has potentially significant biosecurity risks in promoting the spread of pest species such as didymo, aquatic weeds and pest fish.

 

Transferring water between and within catchments would change the natural character, ecological health and functioning of the waterbody into which water from another catchment is discharged, and could affect the abundance, diversity and distribution of species.  For example, if glacial waters from the Waimakariri or Rakaia rivers enter Te Waihora via the Selwyn or any other waterway, this would change the proportions of freshwater and seawater in the lake. The lake environment and its habitat values depend on its current brackish character. The effects of water mixing have not been adequately assessed.

 

5.2       Wetlands

The effects of discharge of surplus water and bywash from the races and emergency discharges to at least nine wetlands and ephemeral streams have not been assessed. The irregular nature of the discharges will not sustain the wetlands and sudden spilling of water may disrupt their natural functioning. There is no information on the objectives for wetland management, design of the bywash system, the quantity, quality and frequency of bywash discharges, or their effects at the specific locations.

 

The flooding of a flax wetland and other indigenous vegetation in the Waianiwaniwa valley is a significant impact.

 

6.         Section 6(b) Outstanding natural features and landscapes

The Canterbury Regional Landscape Study (1993)[12] identified both the upper Rakaia and Waimakariri Basin and the lower rivers as outstanding natural features and landscapes. 

 

The scale of the works proposed would dominate the existing natural landscape with obvious human structures.

 

The 50-60 m wide cleared corridor for the headrace and canals and their embankments where all vegetation river training works, headrace, canals , distribution structures and reservoir) on the landscape values of the river corridors, streams and Plains have not been assessed and are likely to be significant. 

 

The Waimakariri gorge is an outstanding natural feature valued by recreationalists, artists and the public. The riverbed works, blasting, and intake structures in the upper gorge and where the river emerges from the gorge will destroy its naturalness and degrade landscape and amenity values.

 

The Gorge Bridge is a significant scenic viewing point and a popular area for picnic and recreation because of the river’s spectacular natural character and the drama of the gorge. Constructing intake works will destroy these values, while the canal will restrict public access to the river.

 

The river terraces and their risers on the Waimakariri and Rakaia Rivers are outstanding natural features and part of an outstanding landscape. They have taken thousands of years to form and are physical evidence of the river’s history, fluvial processes and their influence on the landscape.  Carving a 50-60 m wide canal (including embankments from which all vegetation is cleared) across the terrace faces would cause major permanent scarring visible for kilometres.  The infrastructure would affect both the integrity of the terraces and people’s enjoyment of them.

 

The 400 km of canals will have major landscape impacts and are inconsistent with the scale and intimate character of the Malvern Hills and plains landscape.

 

7.         Section 6(c) Significant indigenous vegetation and significant habitats of indigenous fauna

The indigenous plant communities of the Rakaia and Waimakariri riverbeds are significant for their scientific, ecological values and landscape values. The dynamic and unstable character of braided riverbeds contributes to a high diversity of plant species and growth form with different stages of primary succession occurring at the same time. The intake structures, training and protection works and canals are likely to fragment and destroy areas of indigenous riverbed and riparian vegetation and habitat. Inadequate information makes any robust assessment of effects impossible.

 

The lack of information provided by the applicant on both terrestrial and aquatic ecological values means any claims that effects are minor are unsubstantiated. 

 

The applicant’s attempt to understate the significant of remnant indigenous biodiversity on the Plains[13] by emphasising the extent of modification rather than the value of what remains ignores basic principles of ecological assessment.

 

Significant indigenous vegetation and habitats will be destroyed and degraded by the scheme.

 

Construction works and access roads may increase access by 4WD vehicles onto the Waimakariri and Rakaia riverbed with consequent disturbance to wildlife including crushing of eggs and nests

 

7.1       Land rehabilitation and replanting

Given that the applicant has failed to identify, describe, map or assess  any indigenous vegetation and habitats, it is unlikely that any future Significant Indigenous Vegetation Plan or Land Rehabilitation Plan would recognise and provide for their protection or that mitigation measures would be appropriate or adequate.

 

The canals cannot enhance indigenous biodiversity on the plains because they would not provide appropriate habitat. The embankments would simply be grassed. No indigenous plantings are proposed because this would compromise their “watertightness”. The planting scheme around the reservoir appear predominantly exotic though what is proposed is unclear.

 

8.         Section 6(d) Maintenance and enhancement of public access

The applicant only proposes to provide alternative access where the construction works[14], rather than the scheme itself (e.g. permanent canals) restricts access to a river. The “as near as practicable to the existing access points” further qualifies this.

 

Unformed legal roads are an important resource for present and future generations in providing public access. Their proposed use as routes for canals and other infrastructure destroys their ability to be part of a transport or recreational network for walking, cycling or mountainbiking.  The effects of this are not assessed and no mitigation measures are proposed.

 

The construction works will potentially affect public safety (because of heavy machinery) resulting in the public being denied access for several years and potentially permanently to areas of river bed and parts of the scheme works.

 

9.         Section 7(b) The efficient use and development of natural resources

Historically easy access to water has not promoted efficient use or water conservation. Water has been wasted both in the way it is used and the purposes for which it is used. The scheme perpetuates this and emphasises reliability of supply at the expense of instream values and the natural environment.

 

The headrace and canals constructed across free draining gravels (e.g. for around 50% of the headrace route) are an inefficient method transporting water because of the loss through seepage and evaporation. The AEE[15] assumes that between 5 m3/s – 7 m3/s will be lost within the distribution system. The scheme design which bywashs a large proportion of the water delivered on farm is wasteful.   The AEE notes that more than 20% of the water entering the distribution system will not reach the farm boundary, which is extraordinarily wasteful.

 

The distribution system is inflexible, wasteful and inefficient in requiring farmers to take water (ordered three days previously), regardless of whether rain has fallen in the interim or water is needed[16]. This promotes over use and wastage of a valued resource.

 

Water is not allocated to the most sustainable or efficient land uses because it will be allocated on the basis of shares purchased, rather than to the land use with least environmental effects.  The scheme perpetuates inefficient and wasteful water use. 

 

Greater efficiency involves changing land management regimes to ones which better recognise the dryland farming environment and drought prone nature of the region. This could significantly reduce the agricultural sector’s demand for water. The intensification of dairying and other water demanding crops is not efficient water use given climatic conditions and likelihood of increasing drought.

 

10.       Section 7(c) The maintenance and enhancement of amenity values

The Waimakariri is Canterbury’s most heavily used river for recreation. It and the Rakaia are nationally important recreational resources.

 

Natural river flows are a significant contribution to people’s recreational experience, e.g. walkers, fishers, kayakers, birdwatchers, picnickers and other users.  Reduced flows, the concrete intake structures, diversionary works and groynes by degrading natural character, impact on the recreational experience of users over extensive areas.

 

The heavy machinery and major construction works proposed risk a significant noise and dust nuisance. Maintenance of river training works and scheme structures, and noise from pumping stations would result in ongoing degradation of natural character and amenity values.

 

The reservoir and canals are no compensation for the loss of amenity (including recreational values) associated with and derived from the natural rivers given the diverse activities which occur in the and close to the rivers. When reservoir levels drop from January to May the exposed dry bed (c 830 ha) of the reservoir is likely to create significant dust nuisance in windy conditions. The bed will be dry and dusty during peak summertime recreation period making the area unattractive for recreation.  The NOR notes that access will be limited during December to August irrigation season. The Opuha dam has failed to provide the recreational amenities promised.

 

There is no commitment to establish any additional recreational amenities or facilities as mitigation, rather a reliance on others to do this if they choose. This is not mitigation.

The claimed opportunities are overstated. Other irrigation schemes actively discourage swimming in canals for example. 

 

11.       Section 7(d) Intrinsic values of ecosystems

The scheme does not protect the intrinsic values of the rivers, wetlands, shrublands aquatic or terrestrial habitats and ecosystems.

 

12.       Section 7(f) Maintenance and enhancement of the quality of the environment

The canals and races and large irrigators will degrade the current landscape and result in loss of shelterbelts and other vegetation which contributes to landscape and ecological diversity.

 

13.       Section 7(g) Any finite characteristics of natural and physical resources

Braided rivers, Te Waihora and other natural features are a finite resource. They cannot be replicated by humans. Significant ecological change is often irreversible. High quality potable artesian drinking water is a finite resource. Once polluted by nitrate nitrogen or other contaminants, groundwater can not be cleaned or replaced.

 

14.       PLANNING INSTRUMENTS

 

14.1     The New Zealand Coastal Policy Statement.

The applications are inconsistent with the New Zealand Coastal Policy Statement, in particular Policies 1.1.2, 1.1.3, 1.1.4, 1.1.5 and 3.1.2, and 3.2.8.  The New Zealand Coastal Policy Statement is a relevant consideration for the Council because of the relationship between river flows and estuarine environments.  Some bird species rely on both coastal and braided riverbed habitats.

 

14.2     Canterbury Regional Policy Statement

The applications are contrary to provisions in the Canterbury Regional Policy Statement, in particular:

1)   Chapter 8 Landscape, Ecology and Heritage - Objective 1 and Policy 1 (wetlands);  Objective 2 and Policy 3 (natural features and landscapes); Objective 3 (Policy 4) (indigenous biodiversity) and Objective 4 Policy 5 (heritage);

2)   Chapter 9 Water - Objective 1 and Policy 1 (water allocation), Policy 3 (water efficiency (Policy 4 (a) (natural state); Objective 2 and Policy 8, Objective 3 and Policy 9, Policy 10(a)  and Policy 11.

3)   Chapter 10 Beds of Rivers and Lakes and their Margins – Objective 1, Policy 1 , Policy 2.

4)   Chapter 11 The Coastal Environment – Objective 1 and Policy 1.

 

For example, Forest and Bird submits that the Rakaia River is already supplying more water for human benefit through irrigation than can be done while safeguarding the matters set out in Chapter 9 Objective 1(a) to (h), not including the additional takes sought.

 

14.3     Natural Resources Regional Plan (NRRP)

The applications are inconsistent with Plan Objectives, Policies and rules including but not limited to those in chapter 3 Air quality, chapter 4 Water quality, chapter 5 Water quantity, chapter 6 Beds and margins of lakes and rivers, chapter 7 wetlands and chapter 8 Soil Conservation.

 

14.4     Selwyn District Plan

The applications are inconsistent with Plan objectives, policies, methods and anticipated environmental results, including Volume 2 Rural Parts 1 Natural Resources, 2. Physical Resources, and 3 People’s Health Safety and Values.

 

14.5     Canterbury Conservation Management Strategy

The applications give inadequate consideration to the provisions of the Department of Conservation’s Conservation Management Strategy in particular, section 4.6 Key Priorities, Objectives and methods for the Plains place unit, section 4.7 Key Priorities, Objectives and methods for the Waimakariri place unit, section 4.8 the Key Priorities, Objectives and methods for the Rangitata place unit, section 5.2.2 Landscape, section 5.2.4 Freshwater ecosystems and section 5.2.6 Indigenous species, and section 5.2.8 Animal pests and wild animals.

14.6     Te Waihora Joint Management Plan/Mahere Tukutahi o Te Waihora

The applications fail to consider the plan. It is inconsistent with many Plan objectives and policies; in particular those in chapters 3, Landforms and landscapes,  4 Wildlife habitat and biodiversity, 6 Recreational use and public access, 7 Commercial and other activities and 8, Community relations.

 

15.       OTHER MATTERS

 

15.1     Lack of consultation

The AEE and the NOR[17] assert that there has been considerable community consultation and that CPW technical representatives sought to mitigate community concerns. From Forest and Bird’s perspective this is incorrect. The CPW consultation process was characterised by a failure to provide substantive information about the scheme and its impacts, an unwillingness to undertake ecological and other impact assessments seen as fundamental to any assessment of the scheme and a refusal to provide technical reports and studies (if they exist) on which the AEE is based. There has been a failure to consult in terms of best practice and the case law definitions of consultation.

 

15.2     Sustainable Water Programme of Action

The scheme is inconsistent with the guiding principles for the Government’s Sustainable Water Programme of Action (SWPOA). For example, one principle is that: “water will continue to be managed as a public resource”.  Yet CPW will effectively privatise the use of 80 cumecs of water

 

A second principle is that “nationally outstanding natural water bodies will be identified and better protected.” The Rakaia, Waimakariri and Te Waihora are all nationally outstanding water bodies and are harmed not protected by the scheme. 

 

A third is that: “community involvement and confidence in decision-making processes will be maximised, building on the opportunities for participation in the regional planning process.” CPW’s “consultation” has been token. Both the Trust and the company have failed to provide substantive information when requested by community organisations and individuals. They have failed to undertake basic ecological research.

 

16.        Recommendations and decisions sought from Council

 

Forest and Bird requests that Selwyn District Council:

 

a)      decline the applications under s92A(3) RMA because it considers it has insufficient information to enable it to determine the applications, given the limited further information provided in response to Council’s August 2006 s92 request.

b)      if it does not decline the applications under s92A(3) make further requests for information under section 92 of the RM Act on the issues highlighted in section in this submission (particularly section 2) and other submissions.

c)      Ensure that this information is provided to submitters at least three months before any hearing.

d)      Decline the applications.

 

17.       Hearing

 

Forest and Bird wishes to be heard in support of this submission and would consider presenting a joint case with submitters raising similar issues.

 

Given the scheme’s complexity, its extensive impacts, and the large number of submitters, the Councils should clearly structure the process from here  (e.g. by requiring applicant to circulate evidence in advance and to provide and adhere to a witness timetable, and/or focusing hearing weeks on particular topics). It should consider organising part of the hearing timetable to focus on different aspects of the proposal, and having hearings in both Christchurch, and close to Coalgate.

 

 

 

 

 

 

Eugenie Sage

South Island Field Co-ordinator

On behalf of Royal Forest and Bird Protection Society Inc.

 

28 January 2007

 

Address for service

Regional office

Royal Forest and Bird Protection Society                                

PO Box 2516 

Christchurch Mail Centre

Christchurch.                          

e.sage@forestandbird.org.nz

 

ph (03) 3666 317

fax (03) 365 0788

 

 

 



[1] E.g. Kingett Mitchell, (September 2006) CPW Enhancement Scheme: Effects of Construction, Damming, Diversion and Water Use on Terrestrial Ecology  and Effects of Construction Damming, Diversion and Water Use on Instream Habitat.

[2] Boyes N (August 2006) Notice of Requirement and Six Applications for Resource Consent – Selwyn District Council Request for Further Information,  and Letter Paul Rogers to Rachel Dunningham 25 August 2006.

[3] Kingett Mitchell (Sept 2006) Intsream Habitat p 46.

[4] Kingett Mitchell (Sept 2006) CPW Enhancement Scheme Effects of construction, damming and diversion and water use on instream habitat.

[5] Kingett Mitchell (Sept 2006) CPW Enhancement Scheme Effects of construction, damming and diversion and water use on terrestrial ecology.

[6] Urbis (June 2006) Notice of Requirement, Ref 171001 p 48

 

[7] Urbis (June 2006) Notice of Requirement, Ref 171001 p 59 & following

 

[8] AEE 2006 s6.3.7

[9] Urbis (June 2006) Notice of Requirement, Ref 171001 NOR, section 4.2 Water Takes p 17

[10] AEE 2005, s9.2.3

[11] Ministry for the Environment (1997) “Reducing the impacts of agricultural un-off on water quality.” MFE, Wellington

[12] Boffa Miskell and Lucas Associated (Oct 1993) “Canterbury Regional Landscape Study” Vol. 2. Prepared for Canterbury Regional Council.

[13] Kingett Mitchell, (Sept 2006) Terrestrial ecology

[14] Urbis (June 2006) Notice of Requirement, Ref 171001 p 7.

[15] AEE 2006 p3.-28, 3-75, 3-76 and8-23.

[16] AEE 2005 s 3.14.6

[17] Urbis (June 2006) Notice of Requirement, Ref 171001 NOR, section 7 Consultation.

[17] AEE 2005, s9.2.3