Waikato Regional Council · Revision – 07-Apr-2015 Prepared for – Waikato Regional Council –...

Revision – 07-Apr-2015Prepared for – Waikato Regional Council – ABN: N/A

Waikato Regional Council07-Apr-2015

Waikato Regional CouncilReview of Consent Conditions

AECOM Waikato Regional Council – Review of Consent Conditions


Waikato Regional CouncilReview of Consent Conditions

Client: Waikato Regional Council

ABN: N/A

Prepared byAECOM New Zealand Limited121 Rostrevor Street, Hamilton 3204, PO Box 434, Waikato MC, Hamilton 3240, New ZealandT +64 7 834 8980 F +64 7 834 8981 www.aecom.com

07-Apr-2015

Job No.: 60341016

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© AECOM New Zealand Limited (AECOM). All rights reserved.

AECOM has prepared this document for the sole use of the Client and for a specific purpose, each as expressly stated in the document. No otherparty should rely on this document without the prior written consent of AECOM. AECOM undertakes no duty, nor accepts any responsibility, to anythird party who may rely upon or use this document. This document has been prepared based on the Client’s description of its requirements andAECOM’s experience, having regard to assumptions that AECOM can reasonably be expected to make in accordance with sound professionalprinciples. AECOM may also have relied upon information provided by the Client and other third parties to prepare this document, some of whichmay not have been verified. Subject to the above conditions, this document may be transmitted, reproduced or disseminated only in its entirety.



Quality InformationDocument Waikato Regional Council

Ref 60341016

Date 07-Apr-2015

Prepared by Grant Eccles

Reviewed by Dave Burton

Revision History

Revision RevisionDate Details

Authorised

Name/Position Signature

1 09-Mar-2015 Draft Dave BurtonTechnical Director -Planning

2 07-Apr-2015 Final Dave BurtonTechnical Director -Planning



Table of ContentsExecutive Summary i1.0 Introduction 12.0 WRC Consent Conditions Review 1

2.1 Methodology 12.2 Making Good Decisions Guide 12.3 Review of Resource Consents Conditions 2

3.0 Internal Training and Guidance Material 44.0 Recommendations 4

4.1 WRC Consent Conditions 44.2 Internal Training and Guidance Material 5



i

Executive SummaryAECOM have been engaged by the Waikato Regional Council (WRC) to undertake an independentreview of resource consent conditions to assess alignment with current best practice. The reviewcriteria are based on the ‘best practice’ standards for consent conditions as described in the MakingGood Decisions Workbook.

The review has consisted of two components. Firstly, a review of the consent conditions associatedwith 20 resource consents selected from all consents granted in the last 12 months and secondly areview of current internal training and guidance documents.

In general the consent conditions follow best practice standards. The following recommendations aremade to improve the standard of consent conditions:

1. That the legality of imposing conditions that reserve discretion to WRC to review consentconditions to ensure consistency with Treaty of Waitangi settlements be confirmed orotherwise as soon as possible.

If such an approach is confirmed as legal, that standard wording of such a review condition isdeveloped and distributed to WRC staff and any commissioners appointed by WRC to ensureconsistency of application. That wording should at the least restrict the scope of any such“Treaty settlement” review to be for a resource management purpose, and ideally furtherspecify what constitutes a resource management purpose.

2. That any requirements to comply with current standards or use current versions ofmodels/tools to comply with consent conditions allow for the use of any subsequent versionsthereof, unless that approach is prevented by Regional Plan rules.

3. That hyperlink’s to WRC documents required to be to complied with be avoided in consentconditions, and replaced by simple reference to the WRC website. This will avoid the situationof the hyperlink potentially being rendered redundant should website updates occur in thefuture.

4. That WRC consents staff remain conscious of avoiding ambiguous terms and to ensure thatconditions are enforceable and time bound.

5. That WRC continue to adopt the approach of granting the minimum number of consentsnecessary for an activity to be lawfully carried out.

The current internal training material and guideline reviewed reflect best practice standards, and acommitment from WRC to ensure that consent staff are provided with good quality training andguidance material. It is recommended that WRC continue to provide consent staff with timely andrelevant training internally and externally, and promote membership of professional institutes.



1

1.0 IntroductionAECOM have been engaged by the Waikato Regional Council (WRC) to undertake an independentpeer review of resource consent conditions to assess alignment with current best practice.

The review criteria are based on the ‘best practice’ standards for consent conditions as described inthe Making Good Decisions Workbook. In summary the criteria are:

� Must be within a consent authority’s power to impose

� Must be for a resource management purpose

� Must relate to the proposal for which consent is sought

� Must be fair, reasonable and practicable

This report also includes a review of the current WRC training and guidance documents, systems andprocesses and analysis as to whether these materials properly reflect best practice standards.

2.0 WRC Consent Conditions Review

2.1 MethodologyThe review consists of two components:

1) A review of the consent conditions associated with 20 resource consents selected from allconsents granted in the last 12 months. At least 5 of the consents reviewed were granted byindependent commissioners, and the remainder were granted under delegated authority byWRC staff. With those qualifications, the specific consents reviewed were randomly selectedby the reviewer from a list of all those consents granted within the specified period.

2) A review of current internal training and guidance documents for ensuring best practice inrelation to conditions drafting.

2.2 Making Good Decisions GuideThe review criteria are based on the ‘best practice’ standards for consent conditions as described inthe Making Good Decisions Workbook.

The criteria, as set out in the Making Good Decisions Workbook, are described in detail below:

Must be within a consent authority’s power to imposeSection 108(1) of the RMA provides the consent authority with the power to impose conditions onresource consent. Conditions imposed under section 108 must conform to common law principlesregarding the validity and scope of conditions. A consent authority must ensure that any conditionsimposed comply with these principles otherwise they are likely to be ultra vires or invalid at law.

Must be for a resource management purpose

A condition must be for a resource management purpose, not an ulterior one.

Must relate to the proposal for which consent is soughtConsent conditions must relate to the activity consent has been implied for and be relevant to theimplementation of planning policy and the purposes of the RMA. Conditions that are not fairly andreasonably related to a proposal are invalid.

Must be fair, reasonable and practicable

The Judicature Act 1908 (and amendments) holds that the courts will not interfere with conditions ifthey are prima facie within the jurisdiction of the consent authority and, as such, a reasonable bodycould have imposed them. In assessing the validity of a particular condition, the court will examine



2

whether in the circumstances it considers that no reasonable consent authority could have imposed acondition of this type.

Drafting considerations

The basic rule of drafting conditions is to say what you mean. This is not as easy as it sounds. Goodconditions:

� Have certainty, clarity, simplicity and conciseness - unintentional vagueness, ambiguity andunnecessary features are to be avoided, and conditions should be as long as necessary toachieve their objective and no longer

� Do not reserve discretion

The purpose of adopting a clear, simple and concise drafting style is to ensure the intended meaningof conditions is achieved. Difficulty interpreting a condition is likely to result in compliance problemsand may necessitate court intervention to clarify the meaning of conditions. Conditions must beinterpreted on their face value and according to their plain meaning, or by resort to documentsexpressly incorporated into the conditions.

A condition must not reserve discretion to the consent authority. This means the condition should beas clearly and objectively worded as possible, so that its meaning is not open to interpretation. Acondition should not include words or phrases that are so vague or subjective that the reader cannotdetermine what they mean, or leave the council to make a discretionary or subjective judgement .

2.3 Review of Resource Consents ConditionsAppendix A provides a table in which comments are recorded against conditions of the selectedresource consents. This has been undertaken on an “exceptions” basis ie only those conditions wheresome comment was deemed necessary have been noted. The table should be read in conjunctionwith the corresponding resource consent. Copies of the resource consents that were reviewed areprovided in Appendix B to this report.

In summary we note the following findings:

i. There is widespread use of review conditions. While for the most part these conditions areappropriately drafted, in several cases WRC has reserved discretion to review consentconditions in the future to allow for reviews of the Vision and Strategy for the Waikato River,and alignment with Treaty of Waitangi settlement outcomes. We understand that the relevantpieces of legislation1 that established the Vision and Strategy for both the Waikato and WaipaRiver allow for consent conditions to be reviewed to ensure consistency with the Vision andStrategy. To that end the use of such a review condition merely reflects the law.

However, we have some concern at the review conditions that allow for reviews to ensureconsistency with Treaty settlements. We encountered two differing wordings of such reviewconditions as follows:

For the purpose of ensuring that the conditions of this consent are not inconsistent with the requirementsof legislation pertaining to Treaty of Waitangi settlement claims, subject to the proviso that any reviewshall be for a resource management purpose2;

and

Within 12 months of any claim being made under the provisions of the Treaty of Waitangi Act (1975)being settled, the Waikato Regional Council may, following service of notice on the Consent Holder,commence a review of the conditions of this consent pursuant to section.128 (1)(a) of the RMA, for thepurpose of ensuring that this consent is in alignment with the provisions of any such settled claim3.

Of the two wordings set out above, we prefer the former because it places some restriction onthe scope of the review (i.e. to be for a resource management purpose), whereas the latter in

1 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, and the Nga Wai o Maniapoto (Waipa River) Act 20122 From Consent AUTH 126528.01.01 – issued by WRC staff under Delegated Authority3 From Consent AUTH 124968.01.01 – issued by Commissioners



3

our opinion leaves the ability to review too open ended. We think that the former conditioncould be further improved upon by providing some more specificity about what constitutes aresource management purpose. However we are mindful that as case law is evolving overtime, determining what constitutes a resource management purpose may ultimately be amatter of opinion which needs to be determined by legal means.

We assume the legality of this overall “review for Treaty settlement consistency” approach hasbeen confirmed by WRC’s legal counsel prior to the conditions being imposed. If this has notoccurred our recommendation would be that the vires of the conditions/approach be confirmedor otherwise as soon as possible. If such an approach is confirmed as legal, we recommendthat standard wording of such a review condition is developed and distributed to WRC staffand any commissioners appointed to ensure consistency of application.

ii. While this was not a widespread issue, WRC consents staff need to remain conscious ofavoiding ambiguous terms and to ensure that conditions are enforceable and time bound. Forexample, requiring ‘regular’ inspections of a dam could easily be quantified to be 6 monthly orsome other more transparent and enforceable measure. As a further example, is it practicablefor WRC to enforce a condition limiting sediment deposition on a beach nourishment site tobeing no more than three percent by weight of mud4?

iii. With regards to Management Plans, the majority of the consents reviewed made it clear thatWRC is approving such plans in a technical certification capacity. Inappropriate discretion isthus not reserved to Council5. However, in one instance the phrase ‘to the satisfaction ofCouncil’ was encountered throughout a condition set in terms of approvals of various itemsincluding management plans. That particular drafting (which is something of an anomaly interms of the consents reviewed) falls short of best practice and should be avoided in thefuture. This may well be due to the fact that the consent reviewed was originally granted in20046, and serves to illustrate the improvements that have been made in condition drafting inthe last decade.

iv. There was some inconsistency in the application of “general accordance” conditions. Someconsents had no general accordance condition at all. While it may not seem strictly necessaryfor such a condition to be imposed, depending on the nature of the activity, the absence ofsuch a condition would likely not be of assistance to Council if enforcement proceedings werenecessary based on the nature of the activity being carried out versus what was grantedconsent.

v. In terms of the description of activities authorised by the consents, we noted that several ofthe consents authorised multiple activities (eg to place and use a swing mooring in the CMA7).We support this “multiple authorisation” approach of requiring/granting the minimum number ofconsents necessary for an activity to be lawfully carried out.

vi. In some consents we noted references to the need to comply with current standards, or usecurrent versions of models/tools (eg Version 5.4.3 of Overseer), without any allowance for theuse of subsequent standards or tools that may supersede the current versions. Not allowingfor the use of subsequent versions forecloses on the ability for consent holders and Council toutilise best practice and simply may not be practicable over time. For example, requiring anychange to a Nitrogen Management Plan on a consent that will last for 22 years to use thecurrent version of Overseer may not be appropriate8. We understand however that this matteris beyond the control of WRC consenting staff as the Regional Plan (via Rules 3.10.5.3-8 and3.10.5.12) requires all nitrogen management to be regulated/ measured via Version 5.3.4 ofOverseer9.

vii. We noted that hyperlinks to WRC documents to be complied with were embedded in someconditions (eg Keep it Clean Guidelines for machinery). This should be avoided and replaced

4 See condition 8 – AUTH125376.02.015 This no doubt reflects the comprehensive training provided to consents staff, and Councils internal review systems.6 AUTH 103867.01.05 – damming associated with the Tongariro Power Scheme7 AUTH130021.01.018 See condition 5(i) of AUTH 127291.01.019 Those rules put in place by the Environment Court as part of the relevant Variation proceedings



4

with general references to the WRC website, to avoid the situation of the hyperlink potentiallybeing rendered redundant should website updates occur in the future.

3.0 Internal Training and Guidance MaterialAECOM have undertaken a review of WRC’s current training and guidance documents, systems andprocesses. The following documents have been provided by Mark Brockelsby, WRC Senior Advisor,Resource Use Group:

� 3281375 - Conditions extract from Consent Procedure document

� 3154865 - Consent Conditions Presentation (September 2014)

� 1361684 - Consent Quality Assurance Procedure

� 3011456 - Consent Duration Guidelines (April 2014)

� 1471942 - Consent Condition Best Practice Presentation (April 2009)

� 2285277 - Adaptive Management Presentation

� 2283018 - Use of Management Plans Presentation

� 1740977 - Environmental Compensation/Biodiversity Offset Practice Note (September 2010)

All the above documents contain appropriate content that represents excellent guidance to WRCconsents staff. In our experience, this level of training and guidance is one of the morecomprehensive approaches to staff education that we have come across in local and regionalauthorities.

Mr Brockelsby also provided the comments on WRC’s internal process for approving consentrecommendations. These comments are as follows:

Consent applications are assigned to case officers whose responsibility it is to process the applicationfrom start to finish. They are required to prepare a (s42A) report and recommendation which specifiesthe consent(s) recommended to be granted and the conditions to which they are subject. Our generalpractice is that applicants will be forwarded a draft recommendation for any comment, prior to theapplication being determined. That provides an opportunity for applicants to comment on any aspectsof the conditions that they consider may be impracticable or unreasonable. Those comments will betaken account of in finalising the recommendation. Consent recommendations which are processednon-notified, or are notified but there is no need for a hearing, are checked (including the conditions)and decided (i.e. approved or declined) by delegated senior staff, generally Team Leaders. They arethen responsible for the decision made.

Mr Brockelsby noted that all delegated staff decision makers, except for one, are accredited under theMinistry for the Environment’s Making Good Decisions training. The decision-maker who is notcurrently accredited is scheduled to undertake the training this year. In addition a number of seniorWRC reporting staff who do not hold delegations to make decisions are also accredited.

The review procedure set out above is consistent with best practice.

4.0 Recommendations

4.1 WRC Consent ConditionsIn general the consent conditions reviewed reflect the best practice standards as set out in the MakingGood Decisions Workbook.

The following recommendations are made to improve the standard of consent conditions:

1. That the legality of imposing conditions that reserve discretion to WRC to review consentconditions to ensure consistency with Treaty of Waitangi settlements be confirmed orotherwise as soon as possible.



5

If such an approach is confirmed as legal, that standard wording of such a review condition isdeveloped and distributed to WRC staff and any commissioners appointed by WRC to ensureconsistency of application. That wording should at the least restrict the scope of any such“Treaty settlement” review to be for a resource management purpose, and ideally furtherspecify what constitutes a resource management purpose.

2. That any requirements to comply with current standards or use current versions ofmodels/tools to comply with consent conditions allow for the use of any subsequent versionsthereof, unless that approach is prevented by Regional Plan rules.

3. That hyperlink’s to WRC documents required to be to complied with be avoided in consentconditions, and replaced by simple reference to the WRC website. This will avoid the situationof the hyperlink potentially being rendered redundant should website updates occur in thefuture.

4. That WRC consents staff remain conscious of avoiding ambiguous terms and to ensure thatconditions are enforceable and time bound.

5. That WRC continue to adopt the approach of granting the minimum number of consentsnecessary for an activity to be lawfully carried out

4.2 Internal Training and Guidance MaterialThe current internal training material and guidelines reviewed reflect best practice standards, and acommitment from WRC to ensure that its staff are provided with good quality training and guidancematerial. It is recommended that WRC continue to provide consent staff with timely and relevanttraining internally and externally, and promote membership of professional institutes.



Appendix A

Conditions CommentTable

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Appendix B

Resource ConsentsReviewed

RESOURCE CONSENT CERTIFICATE

Resource Consent: AUTH126344.01.01 File Number: 61 58 79A Pursuant to the Resource Management Act 1991, the Waikato Regional Council hereby grants consent to:

Mobil Oil New Zealand Ltd PO Box 1709 Shortland Street Auckland 1140

(hereinafter referred to as the Consent Holder)

Consent Type: Discharge permit Consent Subtype: Land - Other

Activity authorised: Discharge of residual petroleum hydrocarbons into land and ground

water from a petrol station (former Mobil Summit Motors Service Station)

Location: 46-48 Kenrick Street & 2 Honi Street, Te Aroha Spatial Reference: NZTM 1839405 E 5841266 N Consent Duration: This consent will commence on the date of decision notification and

expire on 13 May 2024. Subject to the conditions overleaf:

126344

Doc #2819246 Page 2

1. The former Mobil Summit Motors Service Station site shall be managed in accordance with the “Assessment of Environmental Effects and Resource Consent Application” dated February 2013 (Waikato Regional Council doc no 2339386) and the Long Term Monitoring & Management Plan (LTMMP) as required by the resource consent conditions below. Where there is any conflict between the two, the requirements of the LTMMP shall prevail.

Long Term Monitoring and Management Plan 2. Within 3 months following the commencement of this consent, the consent holder shall

prepare and submit to Waikato Regional Council for its written approval, a Long Term Monitoring and Management Plan (LTMMP) for the site. The Plan’s objective is to provide a framework for the control of hazards associated with residual petroleum hydrocarbons at the site. The basis for the Waikato Regional Council’s approval shall be limited to an assessment of whether the LTMMP addresses the matters below in sufficient defensible technical detail. The LTMMP shall include at least the following:

(a) Monitoring of groundwater as detailed in Section E.3. of the Proposed Long Term Monitoring and Management Plan as provided in the “Assessment of Environmental Effects and Resource Consent Application” dated February 2013 (Waikato Regional Council doc no 2339386).

(b) Measurement of the depth to groundwater and Light Non Aqueous Phase Liquid (LNAPL) prior to ground water sampling.

(c) Sampling and analytical procedures.

(d) Identification of site specific groundwater acceptance criteria for groundwater results. These shall include the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (2000) for the protection of 80% of freshwater species, and Ministry for the Environment Oil Industry Guidelines (1999, updated 2011) acceptance criteria for irrigation and stock water use, and any other guidelines proposed by the consent holder.

(e) Identification of the trigger levels for groundwater hydrocarbon concentrations and LNAPL in any of the monitoring wells (exceptions shall be identified in the LTMMP).

(f) Identification of contingency actions to be undertaken in the event that any monitoring result exceeds a trigger level. In the event that a trigger level is exceeded the consent holder shall inform the Waikato Regional Council and undertake the contingency actions as soon as reasonably practicable.

(g) Identification of relevant hazards associated with residual hydrocarbon contamination in soil and groundwater.

(h) Mitigation measures for intrusive works that may be conducted by maintenance and/or excavation workers in the areas impacted by petroleum hydrocarbons.

(i) Mitigation measures for the redevelopment of the site where a building may be placed over the impacted soil, soil vapour or groundwater (without prior remediation or mitigation) or a change in use of the site to other than commercial/industrial (e.g. residential).

(j) Measures to communicate to the site owner the risks associated with redevelopment, land use change and handling of soil and or groundwater during excavation works.

(k) Management of off-site disposal of contaminated material.

(l) Identification of the responsible parties and contact persons for the site and a process for updating these contacts in the event there is a change of contact persons or ownership.

(m) Review proposals for the LTMMP.

126344

Doc #2819246 Page 3

3. The consent holder shall comply with the approved LTMMP to the extent that the LTMMP requires the consent holder to take specified action. Any changes to the plan, including the monitoring requirements, shall be submitted to the Waikato Regional Council for its written approval. The basis for the Waikato Regional Council’s approval shall be limited to an assessment of whether the amended LTMMP continues to address the matters noted in condition 2 in sufficient technical detail.

Advice Note: for the avoidance of doubt, the written approval required in condition 3 anticipates a non-statutory Council approval process (including via delegated staff), rather than a formal s127 application to change the conditions of consent.

Site Management Plan 4. Within 3 months following the date of commencement of this consent, the consent holder shall

prepare and submit to Waikato Regional Council for its written approval, a Site Management Plan (SMP) for the legal site or any areas impacted by the discharge. The basis for the Waikato Regional Council’s approval shall be limited to an assessment of whether the SMP addresses the matters in this condition in sufficient defensible technical detail. The objective of the SMP is to manage hazards associated with residual petroleum hydrocarbons relating to:

(a) Workers undertaking subsurface work at or in the vicinity of the site.

(b) Site redevelopers. (c) Shallow groundwater users.

The consent holder shall provide a final copy of this document to the site owner, Matamata-Piako District Council, Waikato Regional Council and relevant utility/service providers within 3 months following receiving approval.

Reporting 5. The consent holder shall provide to the Waikato Regional Council a written annual report by 1

December each year that the consent is current. As a minimum the report shall include:

(a) Sampling/measurement methodologies noting any change to previous methodologies used;

(b) All monitoring results with dates;

(c) Groundwater levels and a groundwater piezometric contour plan for the monitoring round, all groundwater level data to be reported in meters below top of well casing and reduced level;

(d) Interpretation of data trends, including but not limited to, comparison of analytical results, analysis of the effectiveness of natural attenuation of groundwater contamination and comparison against the site acceptance criteria in condition 2(d) and the trigger levels specified in the LTMMP.

(e) Any recommendation for changes to the monitoring programme ensuing from the results to date.

Review 6. The Waikato Regional Council may during the months of January 2015 to March 2015 and in

the same time period every two years, serve notice on the consent holder under section 128(1) of the Resource Management Act 1991, of its intention to review the conditions of this resource consent for the following purposes:

(a) To review the effectiveness of the conditions of this resource consent in avoiding or mitigating any adverse effect on the environment from the exercise of this resource

126344

Doc #2819246 Page 4

consent and if necessary to avoid, remedy or mitigate such effects by way of further or amended conditions; or

(b) If necessary and appropriate, to require the holder of this resource consent to adopt the best practicable option to remove or reduce adverse effects on the surrounding environment due to historic contamination by petroleum hydrocarbons from Mobil’s activities; or

(c) To review the adequacy of and the necessity for monitoring undertaken by the consent holder.

Note: Costs associated with any review of the conditions of this resource consent will be recovered from the consent holder in accordance with the provisions of section 36 of the Resource Management Act 1991.

7. The consent holder shall pay to the Waikato Regional Council any reasonable administrative change 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 1991.

126344

Doc #2819246 Page 5

Advice 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

CERTIFICATE

Resource Consent: AUTH126335.02.01 File Number: 61 57 22A

Pursuant to the Resource Management Act 1991, the Waikato Regional Council hereby grants consent to:

Hynds Pipe Systems Limited PO Box 58142 East Tamaki Manukau 2141


Consent Type: Water Permit Consent Subtype: Diversion Activity authorised: To pipe and divert an unnamed tributary of the Tanitewhiora Stream in

association with an industrial subdivision development Location: McDonald Road, Pokeno Consent Duration: This consent will commence on the date of decision notification and

expire on 5 February 2049. Subject to the conditions overleaf:

Doc # 2966701 Page 2

CONDITIONS

1 General

The diversion activities authorised by this resource consent shall be undertaken in general accordance with the application for this resource consent, and supporting documentation titled ‘Bulk Earthworks, associated filling of a Flood Plain and Ephemeral Stream (Diversion of Surface Water) and Stormwater Discharge at McDonald Road, Pokeno’ dated January, 2013 except where otherwise required in the resource consent conditions below. Where there is any discrepancy between the application documents and the resource consent conditions then the conditions below shall prevail.

2 The consent holder shall appoint a representative prior to commencement of any works authorised by this resource consent, who shall be the Waikato Regional Council’s principal contact person in regard to matters relating to this resource consent. The consent holder shall inform the Waikato Regional Council of the representative’s name and how they can be contacted prior to this resource consent being exercised and any time after when this representative changes.

3 The consent holder shall be responsible for all contracted operations related to the exercise of this resource consent, and must ensure contractors are made aware of the conditions of this resource consent and ensure compliance with those conditions.

4 A copy of this resource consent shall be kept onsite at all times that the works authorised by this consent are being undertaken, and shall be produced without unreasonable delay upon request from a servant or agent of the Waikato Regional Council.

5 The consent holder shall inform the Waikato Regional Council in writing, at least 5 working days prior to commencement of any works, of the start date of the works authorised by this resource consent.

6 The consent holder shall arrange and conduct a pre-construction site meeting and invite with a minimum of 5 working days notice, the Waikato Regional Council, the site representative nominated under condition 2 of this consent, the contractor, and any other party representing the consent holder prior to any works authorised by this consent commencing on the site.

Advice Note: In the case that any of the invited parties, other than the site representative does not attend this meeting, the consent holder will have complied with this conditions, provided the invitation requirements is met.

7 Construction

Construction of the proposed diversion system shall be undertaken in accordance with the methods outlined within the Erosion and Sediment Control Plan approved under resource consent AUTH126335.01.01.

8 Stabilisation/Erosion

The site shall be stabilised against erosion as soon as practicable and in a progressive manner as earthworks are finished over various areas of the site. The consent holder shall monitor and maintain the site until vegetation is established to such an extent that it prevents erosion and prevents sediment from entering any watercourse.

9 The consent holder shall be responsible for the design, structural integrity and maintenance of the diversion structure, and for any erosion control works that become necessary to preserve the integrity and stability of the diversion. The consent holder shall be responsible for controlling erosion as a result of the exercise of this resource consent.

Doc # 2966701 Page 3

10 The discharge of untreated surface runoff from any area where soil has been disturbed as a result of the exercise of this resource consent shall only occur after consultation and the prior written approval of the Waikato Regional Council acting in a technical certification capacity. In this regard, the main issues that will be considered by the Waikato Regional Council include:

1. The quality of the stabilisation and/or covering vegetation; 2. The quality of the water discharged from the rehabilitated land; and 3. The quality of the receiving water.

11 The diversion shall not cause any conspicuous scouring or erosion effects at inlet or outlet points. In the event that effects do occur they shall be remedied without undue delay.

Advice Note: A separate resource consent may be required as a result of the need to undertake erosion control works. Any such consent shall be obtained by the consent holder at their sole expense prior to any works being undertaken.

12 Machinery Use

All construction materials, equipment and excavated spoil shall be removed from the floodplain area after completion of the works.

13 All machinery shall be operated in a manner that ensures that spillages of fuel, oil and similar contaminants to the waterway are prevented, particularly during refuelling, servicing and maintenance operations. Refuelling and lubrication activities shall be carried out away from the watercourse such that any spillage can be contained such that it does not enter the watercourse.

14 Fish Removal/Relocation

The consent holder shall prepare a Fish Transfer Plan which outlines proposed methods for capture and transfer of any fish (eels) from the tributary gully stream prior to (where appropriate) and during the gully infilling activities.

The fish transfer plan shall be submitted to the Waikato Regional Council for approval at least 10 working days prior to the commencement of the activities authorised by this consent.

Advice Note: It is recommended that the Fish Transfer Plan be incorporated within the finalised site Erosion and Sediment Control Plan required under resource consent AUTH126335.01.01.

15 Flooding

The consent holder shall ensure that the diversion activities authorised through this consent are undertaken in such a manner as to avoid any adverse increase in flooding on upstream or downstream land.

16 Planting Mitigation

A finalised Planting Mitigation and Management Plan shall be prepared for Pond K which shall be in accordance with the plan titled ‘Proposed Stormwater Quality Pond Layout Plan’ being plan number 130528-250 prepared by Harrison Grierson Consultants Limited dated 29 January, 2014. This plan shall include but not be limited to:

a) Location and extent of all proposed planting on a scaled plan;

b) Site preparation for planting including weed and pest control;

c) Site planting including species to be planted, size of plants, and where they are to be planted, density of planting, sourcing of plants and fertilising;

Doc # 2966701 Page 4

d) Timeline for planting;

e) Ongoing weed and pest control;

f) Supplementary/replacement planting plans specifications;

g) Timing of monitoring maintenance inspections; and

h) Legal mechanisms to be implemented to ensure the long term protection of the plantings within this area.

The plan shall be submitted to the Waikato Regional Council for approval within 1 month of the commencement of works on site and shall be implemented on site within the first planting season following completion of the construction activities for which they mitigate i.e. Pond K planting is to occur within first planting season following completion of the stream diversion works.

17 Cultural

The consent holder shall ensure that the exercise of this resource consent does not disturb sites of cultural significance to Tangata Whenua. In the event of any archaeological artefacts being discovered the works shall, in the vicinity of the discovery, cease immediately and the Waikato Regional Council and representatives of Ngati Tamaoho shall be notified within 24 hours. Works may recommence on the written approval of the Waikato Regional Council after considering:

a. Tangata Whenua interests and values;

b. Protocols agreed upon by Tangata Whenua and the consent holder;

c. The consent holders interests;

d. Any Historical Places Trust authorisations; and

e. Any archaeological or scientific evidence.

18 Review

The Waikato Regional Council may at any time two months either side of October of 2014, and every two years thereafter throughout the duration of the consent, serve notice on the consent holder under section 128(1) of the Resource Management Amendment Act (1991), of its intention to review the conditions of this resource consent for the following purposes:

1. Require the consent holder to adopt the best practical option to remove or reduce any adverse effect on the environment, or

2. To deal with any other adverse effect on the environment that the exercise of this consent may have an influence, or

3. To review monitoring requirements to determine any actual or potential adverse effect on the environment.

Advice Note: Costs associated with any review of the conditions of this resource consent will be recovered from the consent holder in accordance with the provisions of section 36 of the Resource Management Act 1991.

19 Administrative

The consent holder shall pay to the Waikato Regional 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.

Doc # 2966701 Page 5

In terms of s116 of the Resource Management Act 1991, this consent commences on 5 February 2014.

Advice Notes - General

� In accordance with section 125 RMA, this consent shall lapse five (5) years after the date on which it was granted unless it has been given effect to before the end of that period.

� 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.

� Where a resource consent has been issued in relation to any type of construction (e.g. dam, bridge, jetty) this consent does not constitute authority to build and it may be necessary to apply for a Building Consent from the relevant territorial authority.

� 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). The transfer of water, including changes of location, may occur as provided for in Chapter 3.4 of the Waikato Regional Plan, subject to the requirements of those rules.

� The consent holder may apply to change the conditions of the resource consent under s.127 RMA.

� 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.

� 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.

� 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

CERTIFICATE



Thames Coromandel District Council Private Bag Thames 3540


Consent Type: Coastal Permit Consent Subtype: Deposit Activity authorised: To deposit up to 800 cubic meters of material in the Coromandel

Harbour for beach nourishment purposes. Location: (Furey’s Creek) Wharf Road, Coromandel Consent Duration: This consent will commence on the date of decision notification and

expire on 31 January 2024. Subject to the conditions overleaf:

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CONDITIONS

1 The activities authorised by this resource consent shall be undertaken in general accordance with the application for this resource consent (WRC document # 228337) and s92(1) further information (“Eco Nomos Report “WRC Doc # 2908991 and 2939530), and the conditions below which shall prevail should any inconsistency occur between the documentation and conditions.

2 The consent holder shall be responsible for all contracted operations relating to the exercise of this resource consent, and shall ensure contractors are made aware of the conditions of this resource consent and ensure compliance with those conditions.

3 The consent holder shall pay to the Waikato Regional 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 inform the Waikato Regional Council and the Coromandel Harbourmaster of the starting and expected completion dates, location of the works, and estimated beach nourishment volumes at least five working days prior to the works commencing.

5 The consent holder shall maintain accurate records of the locations and volumes of the material deposited as beach nourishment and deposited to form the access track. The records shall be provided to the Waikato Regional Council within 20 working days following completion of the works.

6 Machinery when in the coastal marine area shall be restricted to the routes identified in the Eco Nomos Report (WRC Doc # 2908991). To this end machinery shall not be operated on seagrass or shellfish beds.

7 Beach nourishment deposition shall be undertaken during mid to low tide periods to avoid the generation of turbidity and suspended solids in harbour waters.

8 No sediments containing more than three percent by weight of mud (mud being sediments with a size less than 63 microns) are to be deposited on the beach nourishment sites under exercise of this resource consent.

9 There shall be no discharge of contaminants (e.g. oil, diesel, petrol) to the coastal environment as a result of the exercise of this resource consent. To this end, all machinery shall be refuelled above the line of mean high water springs.

In terms of s116 of the Resource Management Act 1991, this consent commences on 31 January 2014.

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Advice Notes:

� In accordance with section 125 RMA, this consent shall lapse five (5) years after the date on which it was granted unless it has been given effect to before the end of that period.

� 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.

� Where a resource consent has been issued in relation to any type of construction (e.g. dam, bridge, jetty) this consent does not constitute authority to build and it may be necessary to apply for a Building Consent from the relevant territorial authority.






Doc # 3040285

RESOURCE CONSENT

CERTIFICATE



Waipa District Council Private Bag 2402 Te Awamutu 3840


Consent Type: Water Permit Consent Subtype: Surface water take Activity authorised: Take water from the lower intake on the Mangauika Stream Location: Te Tahi Rd – Pirongia (Te Awamutu Water Supply) Spatial Reference: NZTM 1789375 E 5788579 N Consent Duration: This consent will commence on the date of decision notification and expire

35 years after commencement Subject to the conditions overleaf:

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CONDITIONS

General Conditions 1. This consent is subject to each of the conditions set out in Schedule 1.

Water Allocation — Volume Limits

2. Until 31 December 2030, the maximum volume of water authorised to be taken from the lower (pumped) gravity intake in the Mangauika Stream shall not exceed 3,700 cubic metres in any 24 hour period.

3. Until 31 December 2030, the maximum daily rate of take shall not exceed 43 litres per second.

4. On and from 31 December 2030, the maximum volume of water authorised to the taken

from the lower (pumped) gravity intake in the Mangauika Stream shall not exceed 1,866 cubic metres in any 24 hour period.

5. On and from 31 December 2030, the maximum daily rate of take shall not exceed 22 litres per second.

Water Intake Screen

6. The intake shall be screened with a mesh aperture size not exceeding 3 millimetres in diameter.

7. The intake velocity shall not exceed 0.3 metres per second. If requested by the Waikato Regional Council in writing, the consent holder shall provide data and/or information that this velocity requirement is achieved.

Minimum Flow

8. Subject to Condition 9, the abstraction of water shall cease if the residual stream flow below the abstraction point reduces below 50 litres per second for seven days or more and may only recommence when the residual stream flow below the abstraction point increases above 50 litres per second on a continuous basis over a 24 hour period.

9. Once the consent holder has physically connected the supplementary water source to the Te Awamutu water supply scheme and treated water is supplied to the Te Awamutu water supply scheme from the supplementary water source, but no later than 31 December 2030, the abstraction of water:

i. Shall cease if the residual stream flow below the abstraction point reduces below 90 litres per second for seven days or more; and

ii. May only recommence when the residual stream flow below the abstraction point increases above 90 litres per second on a continuous basis over a 24 hour period.

10. Within six months of the commencement of this consent the consent holder shall install a flow monitoring station in the Mangauika Stream downstream of the lower (pumped) take for the purposes of monitoring flows in the Mangauika Stream which shall be telemetered to the Waikato Regional Council. Recording, Monitoring and Reporting

11. A pulsed water measuring device shall record the quantity of water taken at the take location. The device shall have a reliable calibration to water flow and shall be maintained to an accuracy of +/- 5%. The device shall be fit for purpose, tamper-proof

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and sealed. Evidence of the devices’ calibration to an accuracy of +/- 5% shall be provided to the Waikato Regional Council within six months of the commencement of this consent. Access to the device shall be provided to Waikato Regional Council at all reasonable times.

12. Calibration of the water measuring device shall be undertaken at the request of the Waikato Regional Council and, as a minimum, once in every five year period that the consent is current. The calibration shall be undertaken by an independent, qualified person and evidence documenting the calibration shall be forwarded to the Waikato Regional Council.

13. The consent holder shall provide to the Waikato Regional Council, via electronic means,

the following data:

i. 15 minute values of instantaneous take rate (in units of cubic metres per second); ii. 15 minute values of instantaneous flow for the Mangauika Stream within 100m

downstream from the point of take (in units of cubic metres per second); iii. Accumulated gross daily take volume from the point of take (in units of cubic metres);

and iv. Net daily take volume (in units of cubic metres).

Advice Note: Net daily take shall be calculated as the gross daily take volume from the point of take minus the daily volume taken from the lower (pumped) take minus the daily volume entering the Water Treatment Plant. This will provide an indication of the volume either filling and/or draining the raw water reservoir and/or returning to the Stream from the raw water reservoir overflow.

14. The water measuring device referred to in condition 11 shall be linked by telemetry to

the Waikato Regional Council within six months of the commencement of this consent. As a minimum, daily volume, daily average rate of take and maximum daily rate of take shall be telemetered to the Waikato Regional Council.

The consent holder shall ensure that no more than two percent of any records required in accordance with this condition are missing on an annual basis.

15. Prior to automatic recording being installed and operative, the data required by condition

13 shall be provided to the Waikato Regional Council at the following frequencies:

i. Weekly for the December to April period (weekly data to be submitted on or before the final day of the following week);

ii. Monthly for the May to November period (monthly data to be submitted on or before the final day of the following month);

iii. At an increased frequency upon request of the Waikato Regional Council. Any request for an increase in frequency from the Waikato Regional Council shall be based on unseasonable low flow occurrences outside of the December to April period.

The consent holder shall ensure that no more than two percent of any records required in accordance with this condition are missing on an annual basis.

In terms of s116 of the Resource Management Act 1991, this consent commences on 28 April 2014.

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Advice 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).





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SCHEDULE ONE - GENERAL CONDITIONS Resource consents numbered 124967 and 124968 are subject to the following general conditions.

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. Additional Water Sources – Supplementary Water Source Options Investigation

4. The consent holder shall investigate the availability and feasibility of additional water sources to supplement the Te Awamutu Water Supply Scheme and shall, by 1 July 2017, file with the Waikato Regional Council a report, to be titled “Waipa District Council – Supplementary Water Source Options Investigation Report.” The purpose of the report shall be to provide to the Waikato Regional Council a confirmed supplementary water source(s) to achieve the conditions of consent numbers 124967 and 124968 and shall contain, as a minimum, a description of:

i. The additional supplementary water sources investigated for the Te Awamutu Water Supply and investigations undertaken; and

ii. The additional supplementary water source or sources which the consent holder has, by Council resolution, decided to adopt (“the confirmed option/s”) and the reasons for the selection made; and

iii. The programme to be pursued by the consent holder to ensure that any resource consent applications required to implement the confirmed option are lodged in accordance with condition 5.

5. The consent holder shall lodge all necessary applications for any resource consents

required to implement the confirmed option/s referred to in condition 4 by 1 July 2019.

Water Shortage Condition 6. The consent holder shall initiate the water conservation measures provided for in the

Drought Management Plan when the flow in the Mangauika Stream reaches any of the trigger levels specified in the Drought Management Plan.

Water Use

7. The water taken shall be used for municipal supply. For the purpose of this condition municipal supply shall be defined as water taken and used for the purpose of assisting the consent holder to meet its general responsibilities as a territorial local authority

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under the Local Government Act 2002, the Health Act 1956 and other relevant legislation, including:

i. Water taken and used for the primary purpose of providing for individual household use and for human drinking and sanitation needs, wherever such needs arise.

ii. Supply for industrial and/or agricultural users

8. The consent holder as per the Waipa District Council 2012-22 Long Term Plan shall by 31 December 2022, install water meters on all users of the water supply.

Water Conservation and Demand Management Plan

9. The consent holder shall carry out its water supply operations in general accordance with the Waipa District Council “Water Conservation and Demand Management Plan for Te Awamutu” dated July 2012 (Recorded as document number 2305096 on the Waikato Regional Councils document recording system) or any subsequent updated version as provided for in condition 10of this schedule for the duration of the consent, and in particular shall implement as far as reasonably practicable the actions and strategies set out in the plan. In the event of any conflict between the Water Conservation and Demand Management Plan (and any subsequent updated plan) and the conditions within the consent and this schedule, then the conditions shall prevail.

10. The Water Conservation and Demand Management Plan shall be reviewed and updated every three years for the duration of the consent and submitted to Waikato Regional Council for approval in a certifying capacity by no later than 31st October 2013 and thereafter of the year of the review and update. Any updated Water Conservation and Demand Management Plan shall be provided to the Waipa District Council – Tāngata Whenua Water Liaison Group at the same time it is provided to the Waikato Regional Council. The Water Conservation and Demand Management Plan shall contain details of the volume of water supplied to commercial and industrial users.

11. Approval by the Waikato Regional Council of any updated Water Conservation and Demand Management Plan shall be limited to an assessment of whether:

i. The plan complies with the information requirements of Part 8.1.2.2 (Water Management Plans) of the Waikato Regional Plan; and

ii. The plan is consistent with the conditions of this consent.

Riparian Management 12. Within six months of the commencement of this consent, the consent holder shall

provide a report to the Waikato Regional Council in relation to potential riparian planting and management proposed (in the area shown on the Proposed Riparian Planting Plan recorded as document number 2305045 on the Waikato Regional Councils document recording system). As a minimum, the report shall:

i. Provide details of discussions with the owners of the land subject to the potential riparian planting and management and the outcome of those discussions;

ii. Advise whether the riparian planting and management will be undertaken and, if it will be, the time frame for implementing the riparian and management progressively over the first five years of this consent;

iii. Include an aerial photograph showing the location and extent of the riparian

planting and management if it is to be undertaken; and

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iv. If the riparian planting and management is to be undertaken, include a planting and maintenance plan that includes details of the riparian planting and management in terms of types of plants and spacing, and maintenance of the riparian planting to ensure that it becomes self-sustaining.

13. If, within six months of the commencement of this consent, the consent holder has not

been able to reach agreement with the owner of the land in relation to the implementation of the riparian planting and management provided for by condition 12, the consent holder shall:

i. Advise the Waikato Regional Council of this in writing as soon as reasonably practicable; and

ii. Within 12 months of the commencement of this consent, submit a proposal to the Waikato Regional Council that provides for the consent holder to undertake riparian planting and fencing of an equivalent area as shown on the Proposed Riparian Planting Plan recorded as document number 2305045 on the Waikato Regional Councils document recording system,or an alternative stream progressively over the first six year term of this consent and in accordance with biodiversity offsetting principles.

Advice note: The riparian planting and fencing may be a 800m length on one side of an alternative stream or a 400m length on both sides of an alternative stream. In either case, the riparian planting must be at least 4m wide from the top of the stream bank (where possible) and fencing must be suitable to exclude livestock.

Water Supply Operation Annual Report

14. The consent holder shall compile an annual report, to be titled “Water Supply Operation Annual Report”, for the year ending 30 June each year for the duration of the consent. The purpose of the report is to address issues relevant to the consent holder’s performance in achieving its objectives in relation to water conservation and demand management, progress on securing an additional supplementary water source and an assessment of compliance. As a minimum, the report shall:

i. Report on the progress of implementing metering on all users of the water supply;

ii. Report on progress in achieving, delivering and undertaking the water conservation and demand management actions as specified within the Water Conservation and Demand Management Plan;

iii. Report on any newly adopted water conservation and demand management actions and associated time lines;

iv. Report on progress on establishing water savings targets for the full range of demand conditions;

v. Report on progress on determining key performance indicators for each of the water savings targets;

vi. Monitor performance against the targets and indicators once key performance indicators are set;

vii. Provide further detail on the methods that will be used to implement the water conservation and efficiency measures as outlined in the Water Demand Management Action Plan dated October 2010 (or any updated version);

viii. Report on the effectiveness of the Drought Management Plan dated October 2010 (or any updated version) in maintaining minimum flows during water shortage conditions.

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ix. Report on progress in securing an additional supplementary water source, or sources;

x. Analyse the information collected in accordance with the conditions of the consents associated with this water supply in terms of compliance and actual or potential adverse environmental effects;

xi. Provide information on the activities of the WDC - Tāngata Whenua Liaison Group; and

xii. Provide an annual review of the water records and data to identify the high use period(s) and high volume users.

15. The report shall be forwarded to the Waikato Regional Council by 31st July for the

duration of the consent. The report shall be provided to the Waipa District Council – Tāngata Whenua Water Liaison Group at the same that it is provided to the Waikato Regional Council.

Waipa District Council- Tāngata Whenua Water Liaison Group

16. Within six months of commencement of this consent, the consent holder shall invite tāngata whenua to establish, in association with the consent holder, a liaison group to be titled the Waipa District Council — Tāngata Whenua Water Liaison Group (“Liaison Group”). If established, the consent holder shall provide reasonable organisation and administrative support to facilitate the development and ongoing role of this Liaison Group for the duration of the consent. Membership of the Liaison Group shall be determined in consultation with tāngata whenua. The Liaison Group shall be invited to meet at least annually to exercise the functions set out below.

The Liaison Group shall establish its own meeting protocols having regard to the customary practices of tāngata whenua and those established between the consent holder, Ngā Iwi Tōpū o Waipā or any other manawhenua group and shall operate in accordance with the principles of the Treaty of Waitangi, especially the principles of consultation, active participation and partnership.

17. The functions of the Liaison Group shall include, but not be limited to, the following

matters relevant to consents:

i. Review the effects of the water takes and intake structure on the Mangauika Stream and make recommendations to the consent holder and/or Waikato Regional Council as to any physical measures and initiatives further needed to address actual or potential effects of the takes or intake structure.

ii. Receipt of and comments on the Water Supply Operation Annual Report. iii. Receipt of and comments on the Water Conservation and Demand

Management Plan and updates to the Plan as required by Condition 3 of this consent;

iv. At least one month prior to the opportunities for review provided for in Condition 17 of this consent, to make recommendations to the Waikato Regional Council on issues raised by tāngata whenua in relation to, amongst other matters, the Water Supply Operation Annual Report, the Water Conservation and Demand Management Plan, and how such issues were addressed by the consent holder; and

v. Consideration of other issues raised by tāngata whenua.

Water Conservation and Demand Management - Opportunities for Review 18. In the six month period following 1 May 2016 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 these resource

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consents under section 128(1) of the Resource Management Act 1991 for the following purposes:

i. To consider progress made by the consent holder in implementing its Water

Conservation and Demand Management Plan in light of receipt of an updated plan pursuant to condition 10 or a Water Supply Operation Annual Report pursuant to condition 14.

ii. To consider the effectiveness of the Water Conservation and Demand Management Plan in relation to the implementation of measures to reduce and manage water demand, promote water conservation and ensure the effective and efficient use and allocation of water.

19. The review of conditions contemplated by condition 18 shall allow for:

i. The deletion or amendment of any of the conditions of these permits to require

the implementation of measures to enhance water demand management or water conservation; and

ii. The addition of new conditions to require the implementation of measures that the consent Holder proposes to undertake as advised in any Water Supply Operation Annual Report required by Condition 14 of this consent.

Alteration of the Mangauika Stream Water Management Class - Implications Report

20. In the event that an alteration to the Water Management Class of the Mangauika Stream is made through a plan change or variation to or review of the Waikato Regional Plan, the consent holder will no later than six months after the plan change, variation or plan review is made operative submit to the Waikato Regional Council a report titled “Alteration of the Mangauika Stream Water Management Class - Implications Report”. The report shall address, as a minimum, the following:

i. The specific nature of the change in Water Management Class for the

Mangauika Stream; ii. The implications of the change in Water Management Class on the water

take intake structure screen size and intake velocity; and iii. Any recommended physical works to the intake structure to meet any change

in Water Management Class requirement specified through an alteration of Water Management Class including, if required, a timeframe for the implementation of those physical works.

Advice note: At the time of issuing this consent the Water Management Class of the Mangauika Stream as specified in the Waikato Regional Plan is ‘Waikato Surface Water’ and ‘Trout Fisheries and Trout Spawning Habitat’ at the lower (pumped) take and ‘Waikato Surface Water’ at the upper take.

General – Opportunities for Review

21. The conditions of this consent may be reviewed by the Waikato Regional Council pursuant to section 128 of the Resource Management Act 1991, by the giving of notice pursuant to section 129 of the Resource Management Act 1991 within 12 months of completion of a relevant catchment investigation released by the Waikato Regional Council in accordance with Method 3.3.4.7 to address the effectiveness of the conditions of this resource consent in avoiding or mitigating any adverse effects on water quality, flow regimes and aquatic fauna in the waterway from the exercise of this resource consent.

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

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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 flow regimes 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;

iii. To address to any concerns raised by the Waipa District Council — Tāngata Whenua Water Liaison Group; and

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.

23. The review of conditions contemplated by condition 22 shall allow for:

i. The deletion or amendment of any of the conditions of this consent; ii. The addition of new conditions as necessary to avoid, remedy or mitigate

adverse effects on the environment; iii. Implementation of any recommendations of the Waipa District Council —

Tāngata Whenua Water Liaison Group made in accordance with Condition 10;

iv. Implementing any recommendations made in the Water Supply Operation Annual Report prepared in accordance with condition 14; and

v. Amendments to conditions 4 and 5 of consent number 124967 for the upper (gravity-weir) take from the Mangauika Stream as a consequence of a change in Water Management Class of the Mangauika Stream made through a plan change or variation or review of the Waikato Regional Plan.

Review – Te Tiriti o Waitangi Claims and Vision and Strategy

24. Within 12 months of any claim being made under the provisions of the Treaty of Waitangi Act (1975) being settled, the Waikato Regional Council may, following service of notice on the Consent Holder, commence a review of the conditions of this consent pursuant to section.128 (1)(a) of the RMA, for the purpose of ensuring that this consent is in alignment with the provisions of any such settled claim.

25. Within the six month period following 1 December 2017, 2022, 2027, 2032, 2037 and 2042 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. The purpose of the review would be to review the conditions of this resource consent to ensure the exercise of this resource consent is not inconsistent with the Vision and Strategy of the Nga Wai o Maniapoto (Waipa River) Act 2012 (Schedule 1 Vision and Strategy) and/or the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 (Schedule 2 Vision and Strategy) and, if necessary, to address any such inconsistencies by way of further or amended conditions.

Consent Evaluation Report Applicant : Robren Farms Ltd File Number: 60 57 35A

Address of Site: SH 31 - Otorohanga Project Code: RC10377

Consent Type(s): Land use consent Land - disturbance

Application Number(s): 124676

1 Introduction

Robren Farms Ltd have applied for a resource consent to remove 15 cubic metres of sand and gravel per year from the bed of the Waipa River for use on farm races. The property is located at 600 State Highway 31, in the vicinity of Otorohanga, at or about map reference NZTM 1794080E 5776054N (refer to Figure 1 for the location of the extraction area). This application is for a new consent. Figure 1: Location of the extraction area.

2 Background and Description of Proposal

The Waipa River forms the eastern boundary of the applicant’s property and at times sand and gravel is deposited on the inside of a sharp bend in the river and in high flows diverts water onto the other side of the river where it erodes the banks on the neighbours side (refer to Figure 2 for a photograph of the erosion).

Extraction area

3200846 Date 02.04.15 Page 2

The applicant proposes to remove the sand and gravel using an excavator and a truck or a tractor with a front end loader and a trailer, extraction will be carried out in the summer months during which time the gravel is exposed. An existing track created by the previous owner of the property allows easy access to the river therefore disturbance to vegetation and the river banks will be minimised. The gravel is utilised on the property and is used on tracks to generally fill in pot holes and hollows. WRC Integrated Catchment Management staff were requested to assess the potential effects on the Waipa River and have advised:

Assessment of effects

� Extraction at this rate (15m3 per year) has the potential to reduce erosion potential immediately downstream on the right bank of the Waipa River. This is a potential positive effect for the landowner on this side of the river.

� Over-extraction of gravel from the inner bend of a river has the potential to cause head ward erosion upstream to mitigate loss of sediment from the system. It is unlikely that 15m3 per year would cause such behaviour at this location.

� It is unlikely that 15m3 per year would cause any adverse affects on neighbouring properties.

Recommendations

� Extraction should be limited to the 15m3 per year as applied for in the resource consent application.

� Extraction should occur when river levels are low (i.e. during summer months) and no sediment should be extracted from the river bed below water level. Extraction should occur only from “the dry” on the bend itself.

WRC staff observed the extraction area and the river bank on the opposite side of the extraction area on 3/10/2014 and can confirm that the bank is eroding due to the deflection of water (refer to Figures 2 and 3). During discussions with the applicant and WRC staff the applicant has stated that machinery never enters the river, extraction is usually undertaken in February during normal summer flows as this is when the river is at its lowest, that the amount of gravel and sand removed does not exceed 15 cubic metres per year. Refuelling of machinery will not be carried out in the vicinity of the extraction area. There are no public amenities, areas of importance to Tangata Whenua, areas of cultural or historic value or places of public assembly that are likely to be affected by the proposed, the immediate neighbour on the other side of the river is likely to benefit due to a decrease in bank erosion on their side of the river. Figure 2: Photograph of the opposite bank.

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Figure 3: Aerial photograph highlighting the extraction area and eroding bank opposite.

3 Status of Activities under the Plans

The proposed works are a discretionary activity requiring consent under section 4.3.4.4 of the Waikato Regional Plan (WRP). As a discretionary, section 104B of the Resource Management Act applies. This section provides that applications for discretionary activities may be granted or refused and if granted conditions may be imposed under section 108. 4 Consultation/Affected Party Approvals

Eroding bank

Extraction area

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4.1 Iwi No consultation was required to be carried out with iwi for this minor activity, this is consistent with the Resource Use Group practice note B7 “Iwi Consultation Principles and Practices”.

3.1 Other Parties Waikato Regional Council staff have consulted with the WRC Integrated Catchment Management staff and asked to provide an assessment (see 2 Background and Description of The Proposal); this was provided with an assessment of effects and recommendations.

4.3 Reasons for Non-notification Reasons for non-notification have been documented in the non-notification decision support process sheet. This decision was conducted separate from and prior to the completion of this consent evaluation report.

5 Process Matters

The application was received on 8 May 2012 and placed on hold under section 92(1) of the RMA and the applicant written to requesting further information, this was provided on 22/10/2014 and the application was then taken off hold. On 22/10/2014 the applicant was contacted and asked by WRC staff for permission to extend the timeframe under section 37(4)ii of the RMA, the applicant provided written approval via facsimile the same day and the timeframe was then extended by 7 working days.

6 Statutory Considerations

Section 104 of the Resource Management Act (1991) outlines the matters that a regulatory authority is to consider when processing a resource consent application. These matters include an assessment of any actual or potential effects that the proposed activity will have on the environment, as well as any relevant policy statements and plans that exist and Part II of the Resource Management Act 1991.

6.1 Assessment of Environmental Effect The applicant wishes to continue to extract gravel using an excavator from the dry beaches that have formed as a result of successive flood events. There will be limited to no vegetation disturbance, as gravel will only be extracted from accessible points. In the event any areas are disturbed, these will need to be re-grassed as soon as possible. Gravel will need to be extracted over the whole beach area to one level so as not to impede flood flows and during periods of low flow. Machinery should not enter the waterways. Extraction should not extend into the fish spawning or migration seasons which is within the period March to December. +Conditions to this effect have been included in the attached schedule. The proposal has potential to affect the environment in a number of ways, including; � sediment discharge from the gravel/gravel extraction activities into the Waipa River, � hydrological changes to the existing flow regime resulting in river bank/bed erosion. The extraction is not expected to have a detrimental effect on the river.

6.1.1 Permitted Baseline Section 104(1)(a) provides that when considering a consent application, the consent authority must, subject to Part 2, have regard to the actual and potential effects on the environment of

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allowing the activity. Case law has determined that the "environment" must be read as the environment which exists at the time of the assessment and as the environment may be in the future as modified by the utilisation of permitted activities under the plan and by the exercise of resource consents which are being exercised, or which are likely to be exercised in the future. It does not include the effects of resource consents which might be sought in the future nor any past reversible effects arising from the consent being considered. Section 104(2) provides that when forming an opinion about the actual or potential effects of the activity, the consent authority may disregard an adverse effect of the activity on the environment if the regional plan permits an activity with that effect. This is often referred to as the "permitted baseline" and calls for a discretionary decision to be exercised by the consent authority as to whether or not to discount such permitted effects. This provision, introduced into the legislation in 2003, codifies previous case-law which, as a mandatory requirement, held that the consideration of effects required:

"an assessment of the proposal on the environment as it exists or would exist if the land were used in a manner permitted as of right by the plan." (Bayley v Manakau CC).

This was expressed in further case law (Arrigato v ARC) as:

"the existing environment overlaid with such relevant activity (not being a fanciful activity) as is permitted by the plan. Thus, if the activity permitted by the plan will create some adverse effect on the environment, that adverse effect does not count in the s104 or s105 assessments…it is deemed to be already affecting the environment…The consequence is that only other or further adverse effects emanating from the proposal under consideration are brought to account."

It is probable that the effects of the activity proposed are within the permitted baseline when compared to the effects of high intensity storms, however for the purpose of this consent I have recommended not to discount any baseline effects.

6.1.2 Water Classifications The WRP contains a water management classification system that has been developed from the minimum water quality standards set out in the Third Schedule of the Resource Management Act and on regional water quality information. The water classes and management standards provide direction and guidance on matters to be considered in assessing this application and should be given significant weight. The Waipa River is classed as contact recreation as identified in the Water Management Maps of the Proposed Regional Plan. In recommending the proposed consent conditions and term, the purpose of these water classes and associated standards have been taken into account. To ensure sediment discharge is kept to a minimum, I have recommended conditions be included to ensure that the concentration of suspended solids in the Waipa River will not exceed 80 grams per cubic metre. The discharge limits recommended are in accordance with the ‘Permitted Activity’ limit set for all of the Water Management Classes, as outlined in Section 3.2.4.5 of the WRP. However, potential effects are not considered to be significant due to the relatively short duration of any disturbance, and the potential long term benefits associated with the proposal. I consider this limit to be appropriate with respect to the application and consistent with the WRP limits relating to indigenous fish.

6.1.3 Sediment Discharges Access and gravel extraction works have the potential to increase sediment discharge to the watercourse. The material proposed for extraction is predominantly river washed gravel but includes lesser proportions of sand and silt sized particles. As a consequence the material is generally very coarse and contains a very low fraction of clay sized particles. Dry extraction only during low flow periods is preferable to avoid the entry of sediment to the river. Notwithstanding these proposed measures, any entry of sediment to the river from gravel extraction is unlikely to

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cause significant discoloration of the river downstream due to the nature of the material (i.e. very low fines fraction) and effects will be temporary. There will be limited vegetation or earth disturbance to river banks, as gravel will only be extracted from accessible points. This will potentially reduce sediment discharge from the proposed activity to the watercourse.

6.1.4 Hydrological Changes to the Flow Regime The removal of gravel from the riverbed at the proposed site, may improve the flow regime hence reducing current bank erosion as extraction activities will effectively increase the channel capacity and may ease the pressure of elevated flows on some of the eroding outside bends in the stream. Extraction will also ease pressure on the banks and will aid in reverting the stream back to its original flow. It is expected the pre-existing formations of sand/gravel deposits will reform as gravel is re-deposited by each successive flood event.

6.2 Policy Statements and Plans 6.2.1 The Waikato Regional Policy Statement The Regional Policy Statement (WRPS) was proposed in October 1993 and became operative on October 2000. The WRPS outlines the significant resource management issues that should be considered when managing natural and physical resources within the Waikato Region. The main parts of the WRPS that are considered to be relevant to the proposed application are: Section 3.3.11 – River and Lake Beds Management This section of the RPS identifies the following issue:

Some activities and natural processes can destabilise the beds and banks of rivers and lakes: Objective: A net reduction in the adverse effects of the destabilisation of river and lake beds.

Policy Two: Manage Extractions, Structures, Water Level Fluctuations and Surface Water Activities Sand, gravel and gravel extraction, placement of structures, water level fluctuations and surface water activities managed so as to avoid, remedy, or mitigate the adverse effects of the destabilisation of the beds and banks of lakes and rivers. Policy Three: Works and Services Where there are significant benefits, the integrity of existing works, services and projects will be maintained and new programmes will be promoted.

Overall, the erosion in the area is considered unlikely to be accelerated, and stream bank erosion may be reduced as a result of the proposal. I therefore conclude that the activity is not contrary to this policy. Section 3.4.5 – Water Quality This section of the RPS identifies the following issue: There is potential for the reduction of water quality from:

1. The cumulative effects of point source and non-point source discharges of contaminants.

2. Land uses which affect the margins and beds of water bodies. 3. The taking or impoundment of water.

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Objective: Net improvement of water quality across the Region.

Policy Two: Other Water bodies Determine the characteristics for which other water bodies are valued and manage those water bodies to ensure that any adverse effects on those characteristics are avoided, remedied or mitigated.

The effects on water quality identified are likely to be minor. These effects will be minimised by site management practices and consent conditions. I consider the activity to be consistent with the above objective and policy.

6.2.2 The Waikato Regional Plan Policy 1 in Chapter 4.3.3 of the WRP provides for the extraction of sand and gravel as per conditions set out in Policy 1. The approach adopted in Policy 1 is to ensure that any physical alterations of river and lake beds do not result in significant adverse effects as listed in the objective (4.3.2). Policy 1 is to be implemented by ensuring that only activities that do not cause significant adverse effects are carried out as permitted activities and those activities that may result in these effects require resource consents. Policy 1 states that the physical alteration of the river bed and banks including the extraction of sand, gravel and other material in, on or under the bed of a river or lake bed, meet the following standards: a) does not result in the loss of adjacent land, or b) does not degrade water quality and aquatic ecosystems in a manner that is inconsistent with

the policies in Section 3.2.3, or c) does not result in the accelerated infilling of estuaries, harbours and wetlands that are

habitats for indigenous vegetation or fauna communities, or d) does not obstruct fish passage, or e) does not significantly adversely affect bed and channel stability, except in those instances

where the disturbance will provide environmental benefits, or f) there is no increase in the adverse effects of flooding on neighbouring properties, or g) does not affect the integrity of existing lawfully established structures or drainage districts

and river control scheme areas, or h) avoids significant adverse effects on the relationship tangata whenua as Kaitiaki have with

river and lake beds, or i) does not degrade natural character in a manner that is inconsistent with Policy 6 in Section

4.3.3. The WRP provides for the proposal as a restricted discretionary activity under Rule 4.3.7.3. The activity is specifically provided for by rule 4.3.7.3 as the extraction is within Coromandel Peninsula Rivers. The activity is also consistent with the issues and objectives (4.3.2) contained in the Regional Plan. In regard to the objective: a) loss of adjacent land is avoided b) adverse effects on aquatic habitat, downstream water uses, and on the passage of trout and

indigenous fish of elevated suspended solids and temperature levels in surface water bodies, are not inconsistent with objectives in Chapter 3.1

c) accelerated infilling of estuaries, harbours and wetlands that is habitat for indigenous vegetation or fauna communities is avoided, excluding structures designed to trap sediment

d) bank stability and channel stability is maintained e) there is in no increase in the adverse effects of flooding

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f) significant adverse effects on the relationship tangata whenua as Kaitiaki have with their identified taonga such as waahi tapu, native flora and fauna and access to their customary fisheries are avoided

g) cumulative adverse effects on the relationship tangata whenua as Kaitiaki have with their identified taonga such as waahi tapu, native flora and fauna and access to their customary fisheries are remedied or mitigated

h) significant adverse effects on the natural character of the margins of wetlands, lakes and rivers are avoided

i) there is no introduction of any plant pest identified in the Waikato Regional Pest Management Strategy

j) competition from introduced vegetation with existent desirable plant species is avoided k) obstruction of river channels by introduced vegetation is avoided l) faecal contamination does not have adverse effects that are inconsistent with objectives in

Chapter 3.1 m) damage to lawfully established structures and drainage districts and river control scheme

areas is avoided. In regard to objective a), the activity may reduce the loss of adjacent land; b), any adverse effects on aquatic habitat, downstream water users will be temporary; and the passage of fish will not be affected; c) and d), the activity may temporarily reduce infilling downstream through the removal of bed load and may improve bank stability; the activity is not restricting the channel of the stream so an increase in flooding effects is not deemed a significant potential effect; h) to m), these are not considered relevant to the proposal.

6.3 Relevant Part II Considerations Part II of the Resource Management Act (1991) sets out the purpose and principles of the Act. The matters that are required to be considered under Section 104 of the Act are subject to Part II matters. Therefore the matters contained in Part II of the Act must be considered in the consent process and can be given weight in decision-making. In the event of a conflict between S104 matters and Part II matters, Part II matters are to be given primacy. The principles of the RMA (i.e. s6 - s8) are subordinate to promoting sustainable management and are not ends in themselves. They are accessories to the principle purpose. All of these matters should inform the ultimate, overall judgement as to whether the applications meet the purpose of the Act. Having considered all relevant matters I am satisfied that this application can be granted subject to conditions.

6.4 Other Matters There are no other matters to consider.

6.5 Waikato River Settlements Act As of 24 September 2010 Waikato Regional Council, in addition to any requirement specified in the RMA, must have particular regard to the Vision and Strategy (Schedule 2 of the Settlement Claims Act). This Act applies to applications relating to the Waikato River; or activities in the catchment that affect the Waikato River. The overarching purpose of the Act is to restore and protect the health and wellbeing of the Waikato River for future generations. Through this piece of legislation it is intended to implement the “Vision and Strategy” for the River and consequently aims to meet the objectives of iwi for the Waikato River by:

a. the restoration and protection of the health and wellbeing of the Waikato River; b. the restoration and protection of the relationship of iwi with the Waikato River, including

their economic, social, cultural and spiritual relationships, c. the integrated, holistic and coordinated approach to management of the natural, physical,

cultural and historic resources of the Waikato River:

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d. the adoption of a precautionary approach towards decision that may result in significant adverse effects on the Waikato River, and in particular those effects that threaten serious or irreversible damage to the River

e. The recognition and avoidance of adverse cumulative effects, of activities undertaken both within the Waikato River and within its catchments on the health and wellbeing of the River

f. The recognition that the Waikato River is degraded and should not be required to absorb further degradation as a result of human activities

g. The protection and enhancement of significant sites, fisheries, flora and fauna h. Iwi and the Crown have signed an agreement in principle to develop a new vision and

strategy for the Waikato River and to establish the Guardians of The Waikato River and The Waikato River Statutory Board with the view of

i. The application of the above of both matauranga Maaori and the latest available scientific methods

The vision and strategy forms part of the Waikato Regional Policy Statement and is to be given effect through the plans administered by Regional and territorial authorities along the river. The settlement also provides for joint management agreements between iwi and the local authorities; participation in river-related resource consent decision-making; recognition of iwi environmental plans; provision for regulations relating to fisheries and other matters managed under conservation legislation and an integrated river management plan. Over the course of my assessment of the application I have had particular regard to the vision and strategy. Furthermore, I have included conditions on the attached schedule which aim to maintain the quality of water and to avoid remedy or mitigate any potential adverse effects on any associated water body and in doing so complement and meet the objectives of the vision and strategy.

6.6 Relevant Regulations Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins and Other Toxics) Regulations 2004 (including amendments 2005) This National Environmental Standard is not considered relevant to this application. National Environmental Standard for Sources of Human Drinking Water The National Environmental Standard for Sources of Human Drinking Water commenced on 20 June 2008. This standard is a regulation enacted by an Order in Council, under s43 of the Resource Management Act. The regulation requires that a regional council must not grant a water or discharge permit for an activity that will occur upstream of a drinking water abstraction point if specific criteria at the point of abstraction are exceeded. The matters to be considered as part of an assessment are dependent on the permit being sought and the level of effects on any drinking water supplier located downstream or down gradient of the activity. It is considered that the activities sought by this application will not adversely affect any downstream water takes as the activity does not occur near any recorded water supply (as shown on WRC Smartmaps GIS software).

6.7 Summary The objectives and policies of the Waikato Regional Policy Statement, Transitional Regional Plan and the Waikato Regional Plan have been considered in relation to this proposal. I consider that the proposal is not contrary to any relevant plans, objectives or policies.

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7 Monitoring

The consent holder will be required to manage and monitor the proposed operations, undertake subsequent routine inspections to ensure that all relevant requirements are complied with and that follow up action is undertaken where required. In addition, and in order to fulfil obligations under the Resource Management Act 1991, Waikato Regional Council staff will monitor gravel extraction and undertake routine compliance inspections to ensure compliance with all relevant consent conditions. Unless circumstances (such as non-compliance) dictate otherwise, an annual monitoring inspection will be required, at a cost to the consent holder.

8 Conclusions

As discussed in section 6, the applicant extracts gravel from an accessible point along the watercourse minimising sediment discharge. Gravel will continue to be extracted to one level so as not to impede flood flows. It is acknowledged that sediment loss to the stream may not be fully avoided, however the location and timing of the proposed activity will minimise the potential for sediment discharge as much as is practicable. I consider that if the activities are carried out in accordance with the conditions recommended in the attached schedule, that the effects of allowing the proposal are likely to be no more than minor and limited to the extraction period only. Therefore, I see no reason why this consent should not be granted. 9 Recommended Decision I recommend that in accordance with s104B consent number 124676 is granted in accordance with the duration and conditions prescribed in the attached Resource Consent Certificate for the following reasons: � The activity will have minor actual or potential adverse effects on the environment � The activity is not contrary to any relevant plans or policies � The activity is consistent with the purpose and principles of the Resource Management Act

1991

That the resource consent application is granted in accordance with the above recommendations.

Martin Keep Date Resource Officer, Resource Use Directorate

9 Decision

That the resource consent application is granted in accordance with the above recommendations.

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Grant Blackie Date Section Manager, Farm and Forestry Acting under authority delegated subject to the provisions of the Resource Management Act 1991 which at the time of decision had not been revoked.

RESOURCE CONSENT

CERTIFICATE


Robren Farms Limited 600 Kawhia Road RD 3 Otorohanga 3973


Consent Type: Land use consent Consent Subtype: Land - disturbance

Activity authorised: To extract sand and gravel from the Waipa River bed Location: SH 31 - Otorohanga Spatial Reference: NZTM 1739899E 5688283N Consent Duration: This consent will commence on the date of decision notification, unless

otherwise stated in the consent’s conditions, and expire on 30 June 2024

Subject to the conditions overleaf:

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1. The activity authorised by this consent shall be undertaken in general accordance with the following application documentation: DM # 2180648 and as identified in the resource consent conditions below which shall prevail in the event of any inconsistency between the aforementioned documentation and the conditions.

2. The consent holder shall not assign, transfer or sub-let its rights under this consent and shall not allow any other persons or corporations to extract gravel from the site authorised by this consent.

3. The consent holder shall ensure contractors are made aware of the conditions of this resource

consent and ensure compliance with those conditions. 4. This consent shall not be exercised within the period March to December inclusive, to avoid

adverse impacts on fish migration and or spawning, unless authorised by the Waikato Regional Council acting in a technical certification capacity.

5. All machinery shall be operated in a manner, which ensures that spillages of fuel, oil and

similar contaminants are prevented, particularly during refuelling and machinery servicing and maintenance. Refuelling and lubrication activities shall be carried out away from any water body such that any spillage can be contained so it does not enter the Waipa River.

6. The consent holder shall undertake the gravel extraction activities authorised by this consent in

a manner which ensures that the activity shall not increase the concentration of suspended solids in the Waipa River above 80 grams per cubic metre after a mixing distance of 100 metres. This standard shall apply, except where the suspended solids concentration in the Waipa River is greater than the standard specified at the time and location of undertaking the activity. When the concentration of suspended solids in the Waipa River is greater than 80 grams per cubic metre then there shall not be any increase in the suspended solids concentration measured 100 metres downstream of the discharge as a result of the activity, compared to a point measured upstream and unaffected by the activity.

7. The consent holder shall extract gravel over the whole area of the dry beach to one level so as

not to impede flood flows. 8. Excavation of gravel shall be limited to areas that are a minimum of 0.2 metres vertically above

water and a minimum of 1 metre horizontally from water so as to minimise sediment discharge to the stream.

9. There shall be no holes excavated in the Waipa River as a result of the exercise of this

consent. 10. The consent holder shall record the volume of gravel extracted and this record shall be

provided to the Waikato Regional Council within 10 working days of a request for this information.

11. The consent holder shall not extract over 15 cubic metres of gravel per year. 12. The consent holder shall provide annually to the Waikato Regional Council, at least 10 working

days prior to undertaking activities authorised by this consent, a site plan where gravel extraction is proposed. The site plan shall include the following details of the proposed extraction area. a) A plan view diagram of the site (sketch) b) Vehicle access routes c) Location of extraction area and map reference d) Estimated depth, width, length and volume of extraction proposed e) All remedial or protection measures proposed to avoid adverse effects to Waipa River.

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13. Activities authorised by this consent shall be in accordance with the site plan required by condition 11 which has been approved by the Waikato Regional Council (Integrated Catchment Management) acting in a technical certification capacity regarding the suitability of the proposed extraction volume(s) at specifically identified sites.

14. Any erosion control works that become necessary as a result of the exercise of this consent

shall be undertaken at the expense of the consent holder to the satisfaction of the Waikato Regional Council.

15. Any gravel extracted under this consent must be immediately taken from the site and not

stockpiled within the floodplain of the Waipa River. 16. In the event that any archaeological remains are discovered, the works within the vicinity of the

discovery shall cease immediately and Tangata Whenua and the Waikato Regional Council shall be notified within 6 hours. Works may recommence with the written approval of the Waikato Regional Council. Such approval shall be given after the Waikato Regional Council has considered:

(i) Tangata Whenua interests and values, (ii) the consent holders interests, and (iii) any archaeological or scientific evidence.

17. The Waikato Regional Council may within April to June three month period following the date of

commencement of this consent during each year that this consent is current serve notice on the consent holder under section 128 (1) of the Resource Management Act 1991, of its intention to review the conditions of this resource consent for the following purposes:

(i) To review the effectiveness of the conditions of this resource consent in avoiding or

mitigating any adverse effects on the environment from the exercise of this resource consent and if necessary to avoid, remedy or mitigate such effects by way of further or amended conditions; or

(ii) If necessary and appropriate, to require the holder of this resource consent to adopt the best practicable option to remove or reduce adverse effects on the surrounding environment due to the discharge of groundwater and/or stormwater to surface water or the discharge of contaminants to air; or

(iii) To review the adequacy of and the necessity for monitoring undertaken by the consent holder in light of previous monitoring and/or changes in site operations; or

(iv) To take account of any changes to the Waikato Regional Council Plans or Policies or Management Plans relating to the Waipa River.

18. The consent holder shall pay to the Waikato Regional 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.

In terms of s116 of the Resource Management Act 1991, this consent commences on 1 November 2014 and expires on 30 June 2024.

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Advice Notes � This resource consent does not give any right of access over private or public property.







Resource Consent Certificate

Resource Consent: AUTH111641.01.02 Consent Type: Water permit Consent Subtype: Ground water take


ML Te Mara Limited PO Box 601 Cambridge 3434


Activity authorised: Take groundwater at a rate of 2.7 litres per second, and up to

100 cubic metres per day and 5,000 cubic metres per year, for horticultural crop irrigation purposes

Location: Tauwhare Rd - Matangi Map Reference: NZMS 260 S14:200-738 Consent Duration: This consent will commence on the date of decision notification

and expire on 1 November 2019 Subject to the conditions overleaf:

Doc # 3030089 Page 2

1 The maximum volume of water taken shall not exceed 100 cubic metres in any 24-hour period.

2 The consent holder shall maintain a record of daily pumping hours and daily water usage

which shall be made available to the Waikato Regional Council at all reasonable times and each year these records shall be forwarded to Council by 1 May.

3 The rate of take shall not exceed 2.7 litres per second. 4 Access to the bore to perform pumping tests, monitor water usage, and for the

measurement of static water levels and water quality sampling, shall be provided to the staff and agents of the Waikato Regional Council at all times.

5 The consent holder shall pay to the Waikato Regional 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.

For and on behalf of the Waikato Regional Council

........................................................

Doc # 3030089 Page 3

Advice notes 1. In accordance with section 125 RMA, this consent shall lapse five (5) years after the

date on which it was granted unless it has been given effect to before the end of that period.

2. Where a resource consent has been issued in relation to any type of construction (e.g. dam, bridge, jetty) this consent does not constitute authority to build and it may be necessary to apply for a Building Consent from the relevant territorial authority.

3. 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.


5. The consent holder may apply to change the conditions of the resource consent (except for the duration) if circumstances change (s.127 RMA).


Resource Consent

Certificate Resource Consent Number: AUTH109291.01.03 File Number: 61 26 07A


Solid Energy New Zealand Limited Private Bag 502

HUNTLY

(hereinafter referred to as the Consent Holder) Consent Type: Water permit

Consent Subtype: Diversion Activity authorised: To divert stormwater, groundwater, seepage and runoff on, in and

around the Awaroa 4 Project Area as defined in Schedule ONE of this consent in association with coal mining activities.

Location: Rotowaro, Huntly Map Reference: NZMS 260 S14:944-960 Consent Duration: This consent will commence on the date of decision notification and

expire on 31 January 2024 Subject to the conditions overleaf:

Doc # 901554 Page 2

109291

CONDITIONS 1. This consent is subject to compliance with Schedule TWO – General Conditions. Where there

may be differences or apparent conflict between the general conditions and the conditions below the conditions below shall prevail.

2. The consent holder shall ensure that stormwater diverted around disturbed areas is not

affected by mining operations prior to being discharged. Design 3. Prior to the diversion of stormwater, groundwater, seepage and runoff from the Awaroa-4

Project Area into the Rotowaro Water Management System, the consent holder shall provide the Waikato Regional Council with a report outlining the changes required to the Rotowaro Water Management System.

4. Diversion drains within the Awaroa-4 Project Area shall be constructed in accordance with an

appropriately experienced and registered engineer’s specifications and drawings. The design of diversion drains shall include appropriate erosion protection, consistent with the principles outlined in the document prepared by the Waikato Regional Council titled “Erosion and Sediment Control – Guidelines for Soil Disturbing Activities” dated 2003.

Dated at Hamilton this 4 day of March 2004 For and on behalf of the Waikato Regional Council ........................................................

Doc # 901554 Page 3

109291

Schedule TWO– General Conditions

The granting of resource consent numbers 109289, 109290, 109291, 109292, 109293, 109294, 109295, 109296, 109298, 109299 and 109300 are subject to the following general conditions that shall apply to each individual consent. Where there may be differences or apparent conflict between the general conditions and conditions contained in either the individual consents contained within this suite, or any other consent referred to below, the conditions contained in the respective individual consents shall prevail.

1 Site Management (i) The activity shall be carried out in general accordance with the application for this resource

consent and the document titled “Solid Energy New Zealand Limited – Rotowaro Opencasts Mine Expansion – Awaroa 4 Opencast – Applications for Resource Consents, May 2003” and the document titled “Change to Consent – Awaroa 4 Boundary Extension – Rotowaro, February 2014” (Waikato Regional Council Document Number 2991276) except where otherwise identified in subsequent conditions of this consent.

(ii) The consent holder shall retain a suitably qualified and experienced engineer to supervise the development of the Rotowaro Project Area, including all mining areas, overburden disposal areas, the construction of all earth bunds, diversion channels, roads, tracks, and stream crossings and shall ensure all such areas and any associated structures are constructed in accordance with current accepted engineering practices.

(iii) The consent holder shall ensure all staff and contractors are made aware of the conditions of this resource consent and ensure compliance with those conditions.

2 Landscape and Rehabilitation (i) The consent holder shall rehabilitate all disturbed land. To this end, the consent holder shall

develop a Conceptual Site Closure Plan no later than 6 months following the commencement of this consent. This plan shall be forwarded to the Waikato Regional Council. The consent holder shall review and update the plan at least once every 3 years. The revised plan shall be forwarded to the Waikato Regional Council. The scope of the Conceptual Site Closure Plan shall apply to the Rotowaro Project Area and the Boundary Pit as designated in Schedule ONE of this consent and in accordance with the Conceptual Closure Plan (September 2004 – Solid Energy New Zealand Limited). As a minimum, the Conceptual Site Closure Plan shall address the following:

(a) Future landforms following all mining activities at the site, (b) Future groundcover following all mining activities at the site, (c) Reporting procedures, and (d) Review procedures.

(ii) In addition to the Conceptual Site Closure Plan required pursuant to condition 2(i) of this

schedule, the consent holder shall, within 12 months of the commencement of this consent, provide the Waikato Regional Council with a Site Rehabilitation Plan for approval by the Waikato Regional Council, acting in a technical certification capacity. This plan shall be of the form required pursuant to Coal Mining License 37 155 and consent 930699. Notwithstanding conditions 5 and A5 of Coal Mining License 37 155, and notwithstanding conditions (d), (e), (f) and (g) of consent 930699, the Site Rehabilitation Plan shall detail rehabilitation objectives, goals and success criteria to be followed in order to achieve the future landforms and groundcovers detailed within the Conceptual Site Closure Plan. The scope of the Site Rehabilitation Plan shall apply to the Rotowaro Project area and the Boundary Pit as designated in Schedule ONE of this consent. The consent holder shall review and update this plan at least once every 3 years. The revised plan shall be forwarded to the Waikato Regional

Doc # 901554 Page 4

Council for approval by the Waikato Regional Council, acting in a technical certification capacity. As a minimum, the Site Rehabilitation Plan shall include the following:

(a) Aspects listed in condition 2(iii) of this schedule, (b) Procedures for progressive rehabilitation of pasture, (c) Procedures for progressive rehabilitation of other vegetation, (d) Procedures for any visual screen planting, dust screen planting, other mitigation

planting including approximate plant numbers, species and locations, (e) Any specific measures to control erosion, (f) Any specific measures to control slope instability, (g) Procedures for fencing and stock control, (h) Procedures for pest animal control, (i) Procedures for pest weed control, (j) Procedures for removal of stream bed structures, (k) Land and vegetation maintenance procedures, (l) Post closure maintenance methods and after care plans, (m) Approximate timeframes for landscape and rehabilitation events, (n) Approximate costs associated with the implementation of this plan to the stage of

conceptual site closure, (o) Reporting procedures, and (p) Review procedures.

(iii) The rehabilitation of the Rotowaro Project Area and the Boundary Pit, as designated in

Schedule ONE of these consents shall be undertaken such that

(a) here appropriate, and where subsoils and topsoils are available, these shall be used for rehabilitation and the land shall be managed to actively develop stable topsoil mantles generally consistent with topsoils on adjacent areas of land unaffected by mining.

(b) Where appropriate, and where no subsoils and topsoils are available, rehabilitation and land use management shall aim to activate the natural soil forming process and nutrient cycle.

(c) It minimises long term management, to as close as practicable, to that of adjacent catchments unaffected by mining.

(d) Where practical the land cover is generally consistent with that in adjacent catchments unaffected by mining.

(e) The quality of the water discharging from the rehabilitated land is consistent with that discharging from adjacent catchments unaffected by mining .

(f) Discharges from any created lakes and/or ponds shall not compromise the quality of the receiving water.

(iv) The rehabilitation of the Rotowaro Project area and the Boundary Pit, as designated in

Schedule ONE of these consents, shall be undertaken in accordance with the Site Rehabilitation Plan required pursuant to condition 2(ii) of this schedule and shall be implemented under the supervision of persons with appropriate mine site rehabilitation experience.

(v) The discharge of untreated surface runoff, or seepage flows from any rehabilitated area into any surface water course or to land in circumstances where it may enter water, shall only occur after approval has been obtained from the Waikato Regional Council acting in a technical certification capacity. In this respect, the main issues which will be considered by the Waikato Regional Council include;

(a) The quality of the water discharged from the rehabilitated land, (b) The quality of runoff from surrounding land under a similar landuse, (c) The quality of the receiving water, (d) The potential effects of increased flow within the receiving stream, (e) The provision of any ongoing monitoring programme and/or land management practices,

and

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(f) The opinion of an appropriately qualified, independent engineer on the risks associated with potential slope failure.

3 Erosion Control, Slope Stability and Subsidence (i) Organic material shall not be mixed with soil fill and/or placed in a position where it may

lead to land instability. (ii) The consent holder shall be responsible for the design, structural integrity and maintenance

of the opencast pits, batters, overburden disposal areas, stockpiles, earthworks, tracking, culverts, diversion channels, stormwater diversion drains, temporary dams and energy dissipation works within the site and for any erosion control works that become necessary to preserve the integrity and stability of the landscape and/or to control erosion as a result of the exercise of this resource consent and shall be solely responsible to ensure that any damage to natural watercourses caused by any subsidence of underground workings is remedied.

(iii) The consent holder shall ensure that sediment losses to natural water arising from the exercise of this resource consent are minimised during any construction works and during the term of this consent. To this end, appropriate sediment control practices shall be undertaken which are in general accordance with the principles outlined in the document prepared by the Waikato Regional Council titled “Erosion and Sediment Control – Guidelines for Soil Disturbing Activities” dated 2003. Also, in this regard, sediment minimisation plans, including measurable criteria, shall be included within the Water Management Plan required pursuant to condition 4(i) of this schedule.

(iv) Any bare soil surfaces that result from the activity shall be re-vegetated in an appropriate manner consistent with the Site Rehabilitation Plan required pursuant to condition 2(ii) of this schedule.

(v) The consent holder shall undertake geotechnical assessments to identify areas which are susceptible to subsidence as a consequence of the exercise of these consents within the Awaroa-4 Project area as designated in Schedule ONE of these consents. A report shall be prepared that:

(a) Identifies those areas prone to subsidence; (b) Proposes appropriate ground subsidence monitoring; (c) Proposes appropriate contingency measures and remedial works which would be

undertaken in the event of subsidence; and (d) Details a procedure for Council notification within 48 hours of detection of a subsidence

event.

This report shall be forwarded to the Waikato Regional Council for approval acting in a technical certification capacity within 6 months of the commencement of these consents.

(vi) The consent holder shall be solely responsible to ensure that any damage to natural

watercourses caused by any subsidence of underground workings is remedied in appropriate timeframes as documented within the Water Management Plan required pursuant to condition 4(i) of this schedule.

4 Water Management Plan (i) The consent holder shall retain an appropriately qualified and experienced person to

develop a Water Management Plan to achieve compliance with the conditions of these consents and to ensure the effects on the surrounding environment are minimised as a result of exercising these consents. This plan shall be developed in consultation with the Waikato Regional Council and shall be approved by the Waikato Regional Council, acting in a technical certification capacity within 6 months following the commencement of this consent. Following approval by the Waikato Regional Council, the consent holder shall

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implement this plan. The consent holder shall review and update this plan on the 1st and 2nd

anniversaries of this consent commencing and in August 2008, August 2013 and August 2018. The revised plan shall be forwarded to the Waikato Regional Council for approval by the Waikato Regional Council, acting in a technical certification capacity. Following approval by the Waikato Regional Council, the consent holder shall implement the revised plan. As a minimum, the Water Management Plan shall include the following; (a) Procedures which will be followed to meet the mine water discharge quality conditions of

consent 930704. (b) Procedures which will be followed to meet the groundwater discharge quality conditions

of consent 930706 and 109293, (c) Discharge monitoring programme and sampling procedures for the Rotowaro Project

Area including; � Surface water monitoring programme to quantify the effects of mining on the water

quality of the Awaroa, Mangakotukutuku, Te Wha and Waitewhare Streams and Lake Waahi,

� Ecological monitoring programme to quantify the effects of mining on the ecology within the Awaroa, Mangakotukutuku, Te Wha and Waitewhare Streams and Lake Waahi,

� Groundwater monitoring programme as required pursuant to consents 930698 and 109292,

(d) Construction, implementation, operational, monitoring, maintenance and contingency procedures to be followed to minimise sediment losses to natural water while conducting general mining activities including; � earthworks, � tracking, � haul road construction, � overburden disposal, � vegetation removal, and � diversions of stormwater and seepage (including that from rehabilitated areas).

(e) Aspects outlined in condition 8 of consent 109289. (f) Reporting procedures, and (g) Plan review procedures.

5 Operation of Machinery (i) All machinery operated near open ponds, ephemeral stream beds and/or flowing water

courses shall be done so in a manner which ensures that spillages of fuel, oil and similar contaminants are prevented, particularly during refuelling and machinery servicing and maintenance. Refuelling and lubrication activities shall be carried out away from any water body such that any spillage can be contained so it does not enter stormwater drainage systems or surface water courses.

6 Mitigation (i) For the purposes of mitigating water quality effects, the consent holder shall, as a minimum,

ensure that all stock are excluded from entering any water body within the Rotowaro Project Area as designated in Schedule ONE.

7 Tangata Whenua (i) In the event that any archaeological remains are discovered, the works shall immediately

cease in the vicinity of the discovery and the Waikato Regional Council shall be notified within 48 hours. Works may recommence with the written approval of the Waikato Regional Council. Such approval is subject to:

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(a) Tangata Whenua interests and values, (b) the consent holder’s interests, and (c) any archaeological or scientific evidence.

8 Consultation (i) The consent holder shall invite interested parties to consultation meetings to provide

feedback and comment on issues related to the operation of the mine. These meetings shall be convened no less than once every two years for the first four years and thereafter at intervals determined by the consultation meetings or, in the event of disagreement, by the Waikato Regional Council. In relation to this condition, as a minimum, interested parties shall include; Waikato-Tainui, Waahi Whaanui Trust, adjacent landowners, adjacent residents, The Fish and Game Council (Auckland/Waikato), and The Department of Conservation.

9 Complaints Register (i) The consent holder shall maintain and keep a complaints register for complaints regarding all

aspects of operations at the site related to the exercise of this consent, received by the consent holder. The register shall record: (a) the date, time and duration of the event that has resulted in a complaint, (b) the location of the complainant when the event was detected, (c) the possible cause of the complaint (d) the weather conditions and wind direction at the site when the event allegedly occurred, (e) any corrective action undertaken by the consent holder in response to the complaint, (f) where relevant, the steps to be taken in future to prevent recurrence of similar events.

The register shall be made available to the Waikato Regional Council at all reasonable times.

10 Bond

Alteration of bond

(i) Any bonds pertaining to the Rotowaro Mine Site may be varied, cancelled, or renewed at any time following consultation between the consent holder and the Waikato Regional Council.

(ii) Upon any changes in ownership of the holder of this consent the Waikato Regional

Council following consultation with the Waikato Raupatu Lands Trust, will review the quantum of any bonds pertaining to the Rotowaro Mine Site to ensure that the mining operation, including any effects it may have, does not become an inappropriate burden upon the community. This review shall be undertaken in accordance with Section 128 of the Resource Management Act 1991 or its subsequent amendments, and shall take into account existing securities, and the credentials, securities and social responsibilities of the new owner.

Arbitration process

(iii) Should the consent holder not agree with the amount of the bond fixed by the

Waikato Regional Council then the matter shall be referred to arbitration in accordance with the provisions of the Arbitration Act 1996. Arbitration shall be commenced by written notice by the consent holder to the Waikato Regional Council advising that the amount of the rehabilitation bond is disputed, such notice to be given by the consent holder within two weeks of notification of the amount of the rehabilitation bond. If the parties cannot agree upon an arbitrator within a week of receiving the notice from the consent holder, then an arbitrator shall be appointed by the President of the Institute of Professional Engineers of New Zealand. Such

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arbitrator shall give an award in writing within 30 days after his or her appointment, unless the consent holder and the Waikato Regional Council agree that time shall be extended. The parties shall bear their own costs in connection with the arbitration. In all other respects, the provisions of the Arbitration Act 1996 shall apply. Pending the outcome of that arbitration, the existing bond shall continue in force. That sum shall be adjusted in accordance with the arbitration determination.

Delayed arbitration process

(iv) If the decision of the arbitrator is not made available by the 30th day referred to

above, then the amount of the bond shall be the sum fixed by the Waikato Regional Council, until such time as the arbitrator does make his/her decision. At that stage the new amount shall apply. The consent holder shall not exercise this consent if the variation of the existing bond or new bond is not provided in accordance with this condition.

Bond increase

(v) If, the amount of the bond to be provided by the consent holder is greater than the

sum secured by the current bond, then within one month of the consent holder being given written notice of the new amount to be secured by the bond, the consent holder and the guarantor shall execute and lodge with the Waikato Regional Council a variation of the existing bond or a new bond for the amount fixed on review by the Waikato Regional Council. Activities authorised by the consent shall not be undertaken if the variation of the existing bond or new bond is not provided in accordance with this condition.

Bond Release

(vi) On completion of closure of the site, any bond amount remaining in favour of the

Waikato Regional Council shall be released. Notes:

1. Completion of closure means when the Waikato Regional Council deems that resource consents for the site are no longer required.

2. All costs relating to the bond shall be paid by the consent holder.

11 Monthly Reporting (i) The consent holder shall prepare and forward to the Waikato Regional Council a monthly

report setting out the results of the monitoring required pursuant to condition 5 of consent 109293 (discharge of groundwater) for that month. The report shall also include;

(a) Any difficulties (such as breakdowns) in the operation of the de-watering bores, (b) The reasons for any such difficulties, (c) Any difficulties in achieving compliance with any conditions contained in consent 109293, (d) Any maintenance works which are necessary, proposed or have been carried out, and (e) Any environmentally important trends in water quality.

Note: The above monthly reporting requirements may be included as part of the monthly report

required pursuant to condition (l) of consent 930704. 12 Annual Reporting (i) The consent holder shall, unless otherwise required in writing by the Waikato Regional

Council following consultation with the consent holder, submit to the Waikato Regional Council an annual report. A copy of this report will be forwarded to the Waikato Raupatu

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Lands Trust at the same time as it is sent to the Waikato Regional Council. As a minimum, the report shall include the following;

(a) all monitoring data required in accordance with the conditions of these consents not

already reported pursuant to condition 11 of this schedule including; � Groundwater take volume data as required pursuant to consents 930698

and109292, � Summary of monthly discharge data collected � Groundwater discharge volume data as required pursuant to consent 109293, � Results of annual groundwater discharge constituent analysis as required

pursuant to condition 6 of consent 109293, including a report on how those results compare with results of previous discharge monitoring,

(b) Details on rehabilitation works undertaken in the previous 12 month period as well as proposed rehabilitation works for the following 12 month period. An additional report shall not be required in any year where the Consent holder has submitted an equivalent report to the Waikato Regional Council as a requirement of Coal Mining Licence 37 155,

(c) A critical analysis of the information and data collected in accordance with the conditions of these consents including discussion of compliance over the past 12 months operation,

(d) A critical analysis of information and data collected from any biological effects monitoring undertaken,

(e) A comparison of data with previously collected data identifying any emerging trends, (f) Any reasons for non-compliance or difficulties in achieving compliance with the

conditions of these consents, (g) Any works that have been undertaken to improve the environmental performance of

the site or that are proposed to be undertaken in the up-coming year, (h) Recommendations on alterations to the monitoring required, and a review of the

monitoring site locations and recommended changes (if any) that would result in improved environmental performance,

(i) A review of the mining operations in light of monitoring results to identify any changes in the operation that would result in improved environmental performance,

(j) Report on and discuss any complaints received regarding the operation of the quarry, (k) Report on and discuss feedback received from any consultation meetings held with

interested parties, and (l) Any other issues considered important by the consent holder.

Note: The above annual reporting requirements may be included as part of the annual

report required pursuant to condition (l) of consent 930704. 13 Review

(i) In March 2004, March 2005, March 2009, March 2014 and March 2019 The Waikato Regional Council may, following service of notice on the consent holder, commence a review of these consents under section 128 (1) of the Resource Management Act 1991 for the following purposes:

(a) to review the effectiveness of the conditions of these resource consents in

avoiding or mitigating any adverse effects on the environment and if necessary to avoid, remedy or mitigate such effects by way of further or amended conditions;

or (b) if necessary and appropriate, to require the holder of this resource consent to

adopt the best practicable option to remove or reduce adverse effects on the surrounding environment due to the discharge of groundwater and/or stormwater to surface water or the discharge of contaminants to air; or

(c) to review the adequacy of and the necessity for monitoring undertaken by the consent holder in light of previous monitoring and/or changes in site operations; or

(d) to review the adequacy of any bonds pertaining to the Rotowaro Mine Site; or

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(e) To take account of any changes to the Waikato Regional Council’s Regional Plans or Policies; and

(f) To recognise and provide for the relationship that Waikato-Tainui have with their ancestral water, sites and waahi tapu and other Taonga and to have particular regard to Kaitiakitanga.


(ii) Within 12 months of the Crown settling any claim made under the provisions of the Treaty

of Waitangi Act 1975 the Waikato Regional Council may, following service of notice on the consent holder, commence a review of the conditions of this consent pursuant to section 128(1)(a) of the Resource Management Act 1991, for the purpose of ensuring that this consent is in alignment with the provisions of any such settled claim.

14 Administrative

(i) The consent holder shall pay to the Waikato Regional 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.

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Advice notes 1. In accordance with section 125 RMA, this consent shall lapse five (5) years after the date on

which it was granted unless it has been given effect to before the end of that period. 2. This resource consent does not give any right of access over private or public property.





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109291

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Taupo District Council Private Bag 2005 Taupo Mail Centre Taupo 3352


Consent Type: Discharge permit Consent Subtype: Discharge to land

Activity authorised: Discharge up to 1500 cubic metres per day of treated wastewater from

the Kinloch Wastewater Treatment Plant to various disposal sites in the Kinloch area

Location: (Kinloch Sewage) Kinloch Road, Kinloch Spatial References: NZTM 1854598 E 5717474 N (wastewater plant) NZTM 1854805 E 5717198 N (public golf course east) NZTM 1854305 E 5717198 N (public golf course west) Consent Duration: This consent will commence on the date of decision notification, unless

otherwise stated in the consent’s conditions, and expire on 31 January 2039


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General 1. The wastewater discharge shall be undertaken in manner that is consistent with the

application document and other documents that supported the application which are titled: i. “Taupo District Council, Kinloch Wastewater Infrastructure Resource Consent

Application and Assessment of Effects, Final, April 2008 (DM#1310899), ii. Taupo District Council, Process Optimisation of Kinloch, Acacia Bay, Waitahanui

and Motuoapa Wastewater Treatment Plants: Process Review, August 2012 (DM#2245414) and,

iii. Taupo District Council, Kinloch Wastewater Treatment Plant Wastewater Treatment and Disposal Upgrade and Optimisation Strategy, October 2013 (DM#2857121),

Subject to the resource consent conditions below, which shall prevail should there be any inconsistencies between the conditions and application documents.

2. The consent holder shall inform the Waikato regional Council in writing at least 10 working days prior to the commencement date of the construction works associated with the staged plant improvements, and no later than 10 working days post the commissioning date of the improvements described in Taupo District Council, Kinloch Wastewater Treatment Plant Wastewater Treatment and Disposal Upgrade and Optimisation Strategy, October 2013 (DM#2857121).

3. The consent holder shall pay the Waikato Regional 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 1991.

Discharge quantity 4. The discharge authorised is an annual average daily flow of up to 450 cubic metres per day

(450m3/day), and a maximum discharge of up to 1500 cubic metres per day (1500m3/day) to land. For the purposes of this authorisation one day is any 24 hour consecutive period of time.

Discharge quality 5. In accordance with the staged improvements as set out in the Taupo District Councils,

Kinloch Wastewater Treatment Plant Wastewater Treatment and Disposal Upgrade and Optimisation Strategy, October 2013 (DM#2857121), from the time of consent commencement and up to three months post the commissioning of additional flow balancing capacity (i.e. task 7 in works staging), the consent holder shall ensure the discharge complies with the following limits:

i. the annual total nitrogen (TN) load shall not exceed 380 kilograms per year for the year commencing 1 July and ending 30 June,

ii. the annual average daily flow does not exceed 170 cubic metres per day.

6. In accordance with the staged improvements as set out in Taupo District Councils, Kinloch Wastewater Treatment Plant Wastewater Treatment and Disposal Upgrade and Optimisation Strategy, October 2013 (DM#2857121), from a time that commences three months post the commissioning of additional flow balancing capacity (i.e. task 7 in works staging), the consent holder shall ensure the discharge complies with the following limits:

i. the annual average total nitrogen (TN) concentration shall not exceed 8 grams per cubic metre and the 90th percentile shall not exceed 20 grams per cubic metre,

ii. the median total nitrogen (TN) based on monthly sampling data (i.e. four sampling events), shall not exceed 28 kilograms per week,

iii. the annual total nitrogen (TN) load shall not exceed 1314 kilograms per year for the year commencing 1 July and ending 30 June,

iv. The annual total phosphorus (TP) load shall not exceed 900 kilograms per year for the year commencing 1 July and ending 30 June. �

Note: For the purposes of conditions (4), (5) and (6), the period of compliance is 1 July to 30 June annually.

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Methods of discharge to land 7. The loading rate of effluent to land by way of any new dripper irrigation lines, traditional

absorption trenches and beds or methods of rapid infiltration, shall be consistent with the loading rates for these methods as set down in either the ‘Australian and New Zealand Standard for On-site Domestic Wastewater Management’ ( AS/NZS1547:2012), or Auckland Councils Technical Publication No. 58 (TP58) ‘On-site Wastewater Systems: Design and Management Manual, Third edition, 2004; or an alternative NZ standard or technical publication that is agreed to in writing by the Waikato Regional Council.

8. Where any new effluent discharge systems are to be installed and the standards, technical publications or alternative publications that were previously applied in accordance with condition (7) have become obsolete, an alternative replacement New Zealand standard or technical publication that is agreed to in writing by the Waikato Regional Council can be applied.

9. At all times the loading rate of effluent to land shall not exceed the hydraulic absorptive capacity of the soils.

10. There shall be no overland discharge of effluent (i.e. leakage to the ground surface) from any part of the wastewater treatment plant or the effluent land application system.

11. Dripper irrigation lines shall be laid in the ground at a consistent depth that is between 150 millimetres and 300 millimetres below the ground surface.

Erosion prone soils 12. For purpose to demonstrate that the soil destabilisation risk is no more than minor, the

consent holder prior to the construction of any rapid infiltration method of effluent discharge into land shall provide the Waikato Regional Council with a report describing the detailed site soil assessment undertaken and the design criteria specific to that method of disposal.

Plant performance monitoring 13. The consent holder shall monitor and record the daily wastewater influent and effluent

discharge volumes.

14. The quality of the discharge to land shall be determined by the consent holder who will monitor the following parameters: total nitrogen (TN), ammoniacal-nitrogen (NH4-N), nitrate-nitrogen (NO3-N), total phosphorus (TP), suspended solids (SS), 5-day carbonaceous biochemical oxygen demand (cBOD5), Escherichia coliform bacteria (E.coli) and chloride (Cl). The monitoring programme shall measure:

i. the concentrations of the parameters TN, NH4-N, N03-N, TP, SS, cBOD5, E.coli and Cl in the effluent at weekly intervals,

ii. minimum and maximum daily concentrations, and monthly average concentrations based on weekly monitoring intervals,

iii. minimum and maximum daily mass loads, and monthly average mass loads based on weekly monitoring intervals,

iv. the annual mass of total nitrogen discharged from the plant based on the average monthly flow and mass load totals, or part thereof at the time of reporting.

15. The consent holder shall to the approval of the Waikato Regional Council acting in a technical certification capacity, define a discharge sampling location and the sampling methods to be used for monitoring the parameters in conditions 5, 6 and 14.

16. All wastewater quality analyses shall be undertaken by an IANZ accredited or equivalent laboratory. All methods used shall be appropriate for the wastewater analyses undertaken.

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Receiving environment monitoring and reporting 17. The consent holder shall develop and retain a monitoring programme to evaluate the

environmental effects of the discharge. This programme shall be to the approval of Waikato Regional Council acting in a technical certification capacity and shall include the following:

i. the continuance of groundwater quality and contaminant migration monitoring, which shall comprise a control and down-gradient monitoring piezometers,

ii. monitoring of groundwater samples taken from the piezometers shall be carried out at quarterly intervals each year (three monthly). The groundwater samples shall be analysed for nitrate-nitrogen (NO3-N), ammoniacal-nitrogen (NH4-N), Total Phosphorus (TP), conductivity (COND), Escherichia coliform bacteria (E.coli) and chloride (Cl),

iii. groundwater levels shall be monitored in the monitoring piezometers at quarterly intervals each year (three monthly),

18. In accordance with condition 17(ii) of this consent, if a significant increase (95% confidence) in nitrate-nitrogen (NO3-N) concentration is observed in groundwater monitoring bores closest to the lake relative to control bore, the consent holder shall within six months of the tenth anniversary of consent commencement and again within six months of the consent expiry date, provide a specialist environmental monitoring report to the Waikato Regional Council. The report shall examine and conclude the effects of the wastewater discharge on the near shore zone of Whangamata Bay.

Site management 19. The consent holder shall develop and retain an Operations and Management Plan (OMP)

for this site. This Plan shall be prepared by a suitably qualified and experienced person and shall detail how the treatment and disposal system will be operated and maintained to ensure compliance with the conditions of this consent. As a minimum the Plan shall include the following matters:

i. a comprehensive description of the treatment and disposal system, ii. a description the routine inspection, maintenance and operations monitoring

procedures undertaken to ensure effective plant operation; iii. responsibilities of Management and Operations personal including notification

protocols for unforeseen and extreme events, iv. procedures for monitoring the performance of the treatment system and the effects

of discharge on groundwater, v. contingency measures to address unforeseen and extreme events, vi. a complaints register and response procedures, vii. recording of improvements undertaken to the treatment plant and disposal system, viii. recording of routine maintenance and repairs undertaken, ix. reporting of routine monitoring results, unforeseen and extreme events, complaints

and an annual monitoring report, x. Operations and Management Plan review, xi. a copy of discharge consents 113402 and 113403.

20. The Operations and Management Plan (OMP) shall be lodged with the Waikato Regional Council within six months of commencement of this consent. The OMP shall be reviewed and updated every two years in order to account for any changes in plant configuration, operation or management. An electronic copy of the OMP shall be provided to Waikato Regional Council within 10 working days of a request to do so.

21. The wastewater treatment and disposal system shall be operated, maintained and managed by appropriately experienced personnel in accordance with the Operations and Management Plan pursuant to condition 19 of this consent.

22. The consent holder shall ensure contractors are made aware of the conditions of this resource consent and shall take all reasonable steps to ensure contractors are able to comply with those conditions.

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Note: An example of a reasonable step to ensure contractors are able to comply with the conditions is to require them to be familiar with the Operations and Management Plan required by Condition (19).

23. Any erosion control works that become necessary as a result of the wastewater discharge, such as tomo formation, shall be undertaken at the expense of the consent holder.

24. The consent holder shall develop and retain a register for all complaints received about the treatment and discharge operations. The Register which is to be made available to the Waikato Regional Council at all reasonable times shall record:

i. The date, time and duration of the alleged event/incident that has resulted in the complaint,

ii. The name and address of the complainant, unless the complainant wishes to remain anonymous,

iii. The location of the complainant when the alleged event/incident was detected, iv. The possible cause of the alleged event/incident, v. The weather conditions and wind direction at the site when the event/incident

allegedly occurred, if significant to the complaint, vi. Any corrective actions undertaken by the consent holder in response to the

complaint. Note: This can be the same Register required under consent 113403 (discharge of contaminants

to air).

25. Complaints which indicate non-compliance with the conditions of this resource consent shall be forwarded to the Waikato Regional Council within 5 working days of the complaint being received.

26. The consent holder shall erect a sign at the entrance to the Wastewater Treatment Plant which provides the contact telephone numbers of first response personal in the event of an emergency, complaint or enquiry. The sign shall also include the words ‘warning-health risk’, along with ‘sewage treatment and disposal area’.

Reporting 27. The consent holder shall forward the results of the plant performance monitoring

undertaken pursuant to conditions 13 and 14 to the Waikato Regional Council, at six-monthly intervals by January 30th and July 30th respectively, in an agreed analyses report and data format unless otherwise confirmed in writing by Waikato Regional Council.

28. The results of the monitoring described by condition 17(i-iii) of this consent shall be provided

to the Waikato Regional Council at six-monthly intervals by January 30th and July 30th respectively, in an agreed analyses report and data format unless otherwise confirmed in writing by Waikato Regional Council.

29. The consent holder shall provide to the Waikato Regional Council a written report by 30 October each year, addressing the following:

i. A summary of all monitoring results required by conditions of this resource consent for the year ending 30 June;

ii. Critical analysis of the monitoring data collected and comments on any emerging trends;

iii. Comment on compliance with the conditions of this resource consent; iv. Comment on the performance and adequacy of the disposal system, matters of

compliance; v. Comment on the effects of the discharge on ground and surface water, vi. Any reasons for non-compliance or difficulties in achieving compliance with the

conditions of this resource consent and a description of and a summary of the efficacy of any remedial works undertaken; and

vii. Any other issue considered relevant to the consent holder.

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30. The consent holder shall notify the Waikato Regional Council within 24 hours (where practicable) of the consent holder becoming aware of any accidental discharge, plant breakdown or other circumstance which is likely to result in the limits of this consent being exceeded. The consent holder shall, within seven working days of the incident occurring, provide a written report to the Waikato Regional Council, identifying the non-compliance, possible causes and steps to ensure future compliance, which may include but not be limited to an investigation of the treatment plant operation and capabilities, bore monitoring and the implementation of remedial action to prevent recurring non-compliance.

Review 31. The Waikato Regional Council may in November of 2018, 2023, 2028 and 2033 serve

notice on the consent holder under section 128(1) of the Resource Management Amendment Act 1991, of its intention to review the conditions of this resource consent for the following purposes:

i. To review the effectiveness of the conditions of this resource consent in avoiding or mitigating any adverse effects on the environment from the exercise of this resource consent and if necessary to avoid, remedy or mitigate such effects by way of further or amended conditions; or

ii. To review the adequacy of and the necessity for monitoring undertaken by the consent holder and specifically to review the frequency of record keeping and the method of record collection for the purposes of determining the most appropriate method and frequency; or

iii. To add or amend consent conditions in light of monitoring results as detailed within conditions 17 and 18 and/or changed environmental conditions, to require the holder of this resource consent to adopt the best practicable option to remove or reduce adverse effects on the surrounding environment.



........................................................

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Advice notes Summary of monitoring requirements, discharge consent 113402

Frequency Monitor Parameter Reporting

Daily Discharge flow M3/day Notify exceedance in 24hrs Six monthly data

Weekly Discharge parameters cBOD5, SS, TN, NO3-N, NH4-N, TP, E.coli, Cl

Notify exceedance in 24hrs Six monthly data

Quarterly Groundwater monitoring bores [i.e. piezometers]

NO3-N, NH4-N, TP, COND, WL, E.coli, Cl

Six-monthly data

Annually Monitoring report All Annually

10-yr and 25-yr Environmental effects Specialist Assessment 10th anniversary & 6-months before expiry.

Legend: cBOD5 Carbonaceous Biochemical Oxygen Demand COND Electrical Conductivity SS Suspended Solids WL Water level in bores TN Total Nitrogen Cl Chloride NO3-N Nitrate Nitrogen FC Faecal Coliforms NH4-N Ammoniacal Nitrogen NO2-N Nitrite Nitrogen TP Total Phosphorus E.coli Escherichia coli bacteria (E.

coli)

1. In accordance with section 125 RMA, this consent shall lapse five (5) years after the date on









Resource Consent Number: AUTH103867.01.05 File Number: 60 01 99E Pursuant to the Resource Management Act 1991, the Waikato Regional Council

hereby grants consent to:

Genesis Energy Ltd

Private Bag 36 TURANGI 2751

(hereinafter referred to as the Consent Holder) Consent Type: Water permit Consent Subtype: Dam Activity Authorised: To dam the Tongariro River by means of the Rangipo

Dam structure and to divert and take water at a maximum rate of up to 69 cubic metres per second from the Tongariro River, to discharge water from the Rangipo Dam to the Tongariro River, and to undertake the following activities for the purpose of flushing, moving, and removing accumulated sediment in the vicinity of the Rangipo Dam structure; i) to enter, pass across or disturb the bed of the

Rangipo headpond and the Tongariro River; ii) to deposit removed material on the bed of the

Rangipo headpond and the Tongariro River downstream of the Rangipo Dam;

iii) to divert water; iv) to discharge water, sediment or other materials

into water All with the Tongariro River at or about map reference NZMS 260 T20: 499-179 (Rangipo Dam and Tunnel, Rangipo Dam flushing), with the exception of matters addressed by Condition 18 which may occur anywhere in the Tongariro River.

Location: (Tongariro Power Scheme) Tongariro Map Reference: NZMS 260 T20:499-179 (Rangipo Dam and Tunnel

Rangipo Dam Flushing) Consent duration: Granted for a duration of 35 years from the

commencement of this consent Subject to the conditions overleaf:

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CONDITIONS General 1. The maximum rate of taking water from the Tongariro River shall not exceed 69 cubic

metres per second as measured at the Rangipo Power Station. Dam safety 2. The Consent Holder shall undertake an annual surveillance inspection to ensure that

the dam and associated structures are structurally sound, pose no undue risk to life or property and are able to perform satisfactorily under all foreseeable circumstances. This inspection shall be undertaken by an appropriately qualified Civil Engineer. Reports documenting the findings of surveillance, inspections and safety reviews shall be made available to the Waikato Regional Council on request.

3. The Rangipo Dam spillway crest shall be maintained at not more than 818.4 m above

Moturiki Datum. Compliance with this condition shall be satisfied provided that the spillway dimensions are not altered from those existing at the date of commencement of consent.

Minimum flows 4. The Consent Holder shall provide a continuous flow release from the Rangipo Dam to

the Tongariro River below the dam of not less than 0.6 cubic metres per second, as measured either at the “Tongariro River downstream of the Rangipo Dam” gauging site at or about map reference NZMS 260 T20: 499-178, or by opening the discharge valve in accordance with the established rating curve for the valve.

The Consent Holder shall keep records to determine compliance with this condition

for at least the duration of this consent. These records shall be made available to the Waikato Regional Council at all reasonable times upon request.

5. If using the discharge valve to maintain the flow required by condition 4, the Consent

Holder shall verify the rating curve for the discharge valve by alternative means of measurement prior to using this method. The Consent Holder shall update the rating curve for the Rangipo Dam discharge valve following any structural changes that may affect the rating curve. The results of the verification exercise or any changes to the rating curve shall be forwarded to the Waikato Regional Council within 10 days of completion.

6 If compliance with condition 4 is to be met using a flow gauging site then a flow-rating

curve shall be maintained so that it shows the true flow plus or minus 8% for 95% of the time.

Recreational flows 7 (a) Commencing by 0800 hours on three separate Sundays each calendar year,

but excluding the period 1 October to 31 January inclusive, the Consent Holder shall exercise this consent such that a recreational flow in the Tongariro River downstream of Rangipo Dam of not less than 30 cubic metres per second is maintained for a period of not less than eight consecutive hours on each occasion.

(b) The dates on which the flow releases described in condition 7(a) shall occur shall be determined on an annual basis between the Consent Holder and a

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representative appointed by the New Zealand Recreational Canoeing Association.

(c) The Consent Holder shall keep records of the time, duration and rate of release of all discharges made under this condition and forward a copy to the Waikato Regional Council within one week of the discharge occurring.

8. The Consent Holder shall notify its intention to provide flows in accordance with

condition 7 by public notice in a newspaper circulating in the Turangi area at least fourteen days and not more than one month in advance of the days on which the flow will be provided.

9. Information on the flow in the Tongariro River at the Rangipo Dam flow measurement

station at or about map reference NZMS 260 T20: 499-178 shall be made available to the public via a free telephone system and a web-site. The flow information provided shall normally be updated at least daily.

Monitoring and reporting 10. The Consent Holder shall prepare and undertake a Rangipo Reach Monitoring

Programme in consultation with the Department of Conservation,to the satisfaction of the Waikato Regional Council. The purpose of the Rangipo Reach monitoring programme is to assess the extent and magnitude of periphyton growths within a 1 kilometre reach of the Tongariro River downstream of the Rangipo Dam and shall include:

� River flow monitoring; � Blue duck monitoring on a ten yearly basis; and � Periphyton monitoring

If periphyton levels recorded immediately downstream of the Rangipo Dam exceed MfE guidelines for percent cover of filamentous algae >30% or thick mats >60% or biomass levels > 200 milligrams per square metre of chlorophyll a, the Consent Holder shall, within ten (10) working days of receiving notification of these elevated levels, release, subject to flow conditions and public safety, a flushing flow of from the Rangipo Dam of sufficient magnitude and duration to reduce periphyton levels to below MfE guidelines.

11. The Consent Holder shall provide to the Waikato Regional Council a written report by

30 September each year that this consent is current. The report shall be to the satisfaction of the Waikato Regional Council. As a minimum this report shall include the following:

(i) all data collected as required under condition 10 of this resource

consent; (ii) a summary of the monitoring results required by condition 10 of this

resource consent and a critical analysis of that information in terms of the extent of periphyton growth observed;

(iii) a record as to the dates, times, size, and duration of any flushing flows to reduce periphyton biomass below nuisance levels (i.e. percent cover of filamentous algae >30%; or thick mats >60% or biomass levels >200 milligrams per square metre of chlorophyll a);

(iv) a comparison of data with previously collected data identifying any emerging trends in terms of the growth of periphyton below the Rangipo Dam;

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(v) recommendations on alterations to the monitoring required by condition 10 of this consent;

(vi) any other issues considered important by the Consent Holder. (vii) a report on and discussion of complaints received regarding the growth

of periphyton in the Tongariro River below the Rangipo Dam to the Poutu Intake.

Operation during volcanic activity 12. Within twelve months of the commencement of this consent, the Consent Holder shall

prepare a Volcanic Activity Management Plan to the satisfaction of the Waikato Regional Council. The management plan shall be prepared following consultation with the Department of Conservation and the Taupo District Council. The purpose of the plan shall be to detail procedures for the management of Tongariro Power Development structures in order to minimise, to the extent practicable, risks to property, life and the natural environment arising from the operation of Tongariro Power Development structures during or following lahar flows and other volcanic events.

The plan shall include:

� an assessment of key environmental risks arising from the operation of

Tongariro Power Development structures during or following a volcanic event. � a description of the procedures to be followed to minimise these risks. � the communications to be undertaken by the Consent Holder in order to give

effect to the plan. � a process for reviewing the plan, for example after a volcanic event has

occurred or on a five yearly basis.

13. This consent shall be exercised in accordance with the Volcanic Activity Management Plan prepared in accordance with condition 12. Where there is any inconsistency between the provisions of the Volcanic Activity Management Plan and the conditions of this consent, then the conditions of this consent shall prevail.

Flushing flows 14. The Consent Holder shall only operate the Rangipo Dam sluice gates to flush sediment

from behind Rangipo Dam when the flow in the Tongariro River upstream of the dam exceeds 60 cubic metres per second, and is estimated by the Consent Holder to exceed 100 cubic metres per second within the next 6 hours. This requirement does not apply when volcanic eruptions deposit ash in the dam catchment, in which case the sluice gates may be opened at any time so that the sediment storage capacity of the dam is not exceeded.

15. Within twelve months of the commencement of this consent, the Consent Holder shall,

to the satisfaction of the Waikato Regional Council, develop a methodology for predicting inflows into Rangipo Dam to enable effective releases of sediment from Rangipo Dam via the sluice gates as described in condition 14 of this consent.

16 (a) The Consent Holder may take all the flow being discharged into the Tongariro

River via the Moawhango Tunnel for generation at the Rangipo Power Station, at all times including during sediment flushing.

(b) During sediment flushing the Consent Holder may take water in addition to that

described in condition 16(a) from the Tongariro River at the Rangipo Dam when the turbidity as measured in the Tongariro River at the Poutu Intake falls to:

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� 60 FNU, for a total generation of up to 40 MW of electricity at the Rangipo

Power Station; or � 40 FNU, for a total generation of up to 80 MW of electricity at the Rangipo

Power Station; or � 20 FNU, for generation of electricity up to the full capacity of the Rangipo Power

Station. At which time the sediment flushing event is deemed to be completed, and conditions 14, 15 and 16 no longer apply.; or

� The pre-flood background turbidity level (as defined by the average turbidity level measured over the 24 hour period prior to flood flows rising at Poutu Intake), for generation of electricity up to the full capacity of the Rangipo Power Station. At which time the sediment flushing event is deemed to be completed, and conditions 14, 15 and 16 no longer apply.

17. The Consent Holder shall maintain a record of the start time, duration, flow data, and

generation at the Rangipo Power Station for each flushing operation. The record shall also include turbidity measurements at the Poutu Intake to determine compliance with condition 16. This record shall be made available to the Waikato Regional Council as soon as practicable following each opening of the sluice gates.

Removal of construction debris 18. The Consent Holder shall remove (as far as reasonably practicable), and dispose of

in a lawful manner, all construction debris in the bed and/or on the banks of the Tongariro River associated with the construction of the Tongariro Power Development, in accordance with the Construction Debris Removal Management Plan set out in condition 19.

The Consent Holder shall keep a record of the type of construction debris removed, the location from which it was removed and the disposal site or sites. Records shall also be kept detailing the construction material left and the reason why it was not removed.

19. By 30 June each year for a period of five years from the date of commencement of

this consent the Consent Holder shall provide to the Waikato Regional Council a Construction Debris Removal Management Plan setting out:

� The identification of areas where construction debris is present in or adjacent

to water bodies; � A determination as to what construction debris should be removed and what

should be undisturbed. In this regard, the priority should be the removal of construction debris which poses some potential danger to recreational activities;

� The methods by which debris will be removed and the location of its disposal; � A timetable for the removal of construction debris (being not longer than five

years from the commencement of the resource consents); and � A report on the previous 12 month period setting out performance against the

plan. Reviews 20. The Council may during the month of June in the fifth year after the commencement

of this consent, and every five years thereafter, serve notice on the Consent Holder pursuant to section 128(1)(a)(iii) of the Resource Management Act 1991 of its intention to review:

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� Conditions 14, 15 and 16 for the purpose of assessing the sediment flushing requirements; and/or

� The extent of monitoring required by condition 17; and/or � The conditions of this consent for the purpose of avoiding, remedying or

mitigating any adverse effect on the environment that may arise from the exercise of this resource consent and that was not anticipated at the time of commencement of this consent.

21. The Council may during the month of June in the seventh year after commencement

of this consent serve notice on the Consent Holder pursuant to section 128(1)(a)(iii) of the Resource Management Act 1991 of its intention to review:

� Condition 10 of this consent relating to scouring of periphyton in the reach of

river between the Rangipo Dam and the Poutu Intake; and/or � The extent of monitoring required by condition 10.

Change or cancellation of conditions 22. The Consent Holder may apply to the Council for a change or cancellation of any of

the conditions to this consent by giving notice of its intention to do so pursuant to Section 127(1)(a) of the Resource Management Act in the month of June each year following the commencement of this consent.

Treaty of Waitangi claim settlements 23. The Waikato Regional Council may, within 12 months of the Crown settling any

Treaty of Waitangi claim by iwi in respect of rivers or lakes dammed or diverted by the TPD, serve notice on the Consent Holder under section 128 of the Resource Management Act 1991 of its intention to review any or all the conditions of this consent for the purpose of making the consent consistent with all Resource Management Act 1991 matters contained in the said settlement.

24. The Consent Holder may apply to the Waikato Regional Council for a change or

cancellation of any or all of the conditions of this consent by giving notice of its intention to do so pursuant to section 127(1)(a) of the Resource Management Act 1991 within 12 months of the Crown settling any Treaty of Waitangi claim by iwi in respect of rivers or lakes dammed or diverted by the TPD.

Dated at Hamilton this 01 day of December 2004 For and on behalf of the Waikato Regional Council ........................................................

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GENERAL ADVICE NOTES: Administration charges Charges, set in accordance with section 36 of the Resource Management Act 1991, and Section 690A of the Local Government Act 1974, shall be paid to the Waikato Regional Council for the carrying out of its functions in relation to the administration, monitoring and supervision of this resource consent and for the carrying out of its functions under Section 35 (duty to gather information, monitor, and keep records) of the Act, except where an objection or appeal is lodged against any such charge in which case the appropriate charge is payable when the objection or appeal is determined. Private agreements In granting this consent particular regard has been had to the agreements reached by the Consent Holder with Ngati Tuwharetoa and the Lake Rotoaira Trust and the agreement with the Department of Conservation and the Royal Forest and Bird Protection Society to establish the Central North Island Blue Duck Conservation Trust

Doc # 3039549

RESOURCE CONSENT

CERTIFICATE



Waipa District Council Private Bag 2402 Te Awamutu 3840


Consent Type: Water Permit Consent Subtype: Dam Activity authorised: To dam and occupy the bed of the Mangaukia 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:

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CONDITIONS

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.

In terms of s116 of the Resource Management Act 1991, this consent commences on 28 April 2014.

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Advice Notes







RESOURCE CONSENT

CERTIFICATE



Rotorua District Council Civic Centre Building Private Bag 3029 Rotorua Mail Centre Rotorua 3046


Consent Type: Land Use Consent Consent Subtype: Land - other Activity authorised: To place cleanfill within 20m of a Significant Geothermal Feature in

association with a camping ground development. Location: Waikite Valley Road, Waikite Valley Consent Duration: This consent will commence on the date of decision notification and

expire on 31 January 2015. Subject to the conditions overleaf:

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CONDITIONS

1 The activities authorised by this consent shall be undertaken in general accordance with the application documentation: (Recorded as document number 2929179 on the Waikato Regional Councils document recording system); and as identified in the resource consent conditions below which shall prevail in the event of any inconsistency between the aforementioned documentation and the conditions.

2 The consent holder shall be responsible for the structural integrity and maintenance of all construction works authorised by this consent, and for the provision and maintenance of any erosion control works that become necessary to control erosion as a result of the exercise of this consent.

3 The consent holder shall be responsible for all sub-contracted operations related to the exercise of this resource consent, and must ensure sub-contractors are made aware of the conditions of this resource consent and ensure compliance with those conditions at all times.

4 The nature of the cleanfill material deposited on site shall be limited to clean topsoil, and subsoil and shall also comply with the definition of “cleanfill” as defined within the Waikato Regional Plan

5 The consent holder shall ensure that soil erosion and sediment discharges to natural waters arising from the exercise of this resource consent are minimised during the term of this consent and that discharges from the site are managed. In this respect, appropriate erosion and sediment control practices shall include, but not be limited to;

1. measures which are in general accordance with the Environment Waikato technical report titled “Erosion and Sediment Control Guidelines for Soil Disturbing Activities January 2009”;

2. The Erosion and Sediment Control Plan prepared by Rotorua District Council submitted with the application for this resource consent.

6 Any amendments to the “Erosion and Sediment Control Plan” that may affect the performance of erosion and sediment control measures on site shall be approved in writing by the Waikato Regional Council acting in a technical certification capacity, prior to any onsite changes authorised by the amendments.

7 Prior to bulk earthworks commencing on any area, the consent holder shall submit to the Waikato Regional Council 'As Built Certification Statements', signed by an appropriately qualified and experienced person to certify that erosion and sediment controls have been constructed in accordance with the certified Erosion and Sediment Control Plan. Certified controls shall include silt fences and diversion channels/bunds. The 'As Built Certification Statement' shall include all information as specified in the 'As Built Certification Sheets' located on the Waikato Regional Council website (www.ew.govt.nz/earthworks) and supplied to the Waikato Regional Council within 5 working days of the completion of the construction of those controls.

8 The consent holder shall ensure that the site is appropriately stabilised by 30 April of each year unless otherwise approved in writing by the Waikato Regional Council. Stabilisation shall be undertaken by providing adequate measures (vegetative and/or structural and including, pavement, metalling, hydro-seeding, re-vegetation and mulching) that will minimise erosion of exposed soil to the extent practical.

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9 Earthworks shall not be conducted during the period 1 May to 30 September inclusive during any year that this consent is current, apart from necessary maintenance works, unless agreed to in writing by the Waikato Regional Council.

10 Requests to undertake earthworks during the period 1 May to 30 September inclusive, for any year that this consent is current, shall be submitted in writing to the Waikato Regional Council by 1 April and shall be in the form of amendments to the certified E&SCP in accordance with condition 6 of this consent.

Advice Note:

In considering a request for the continuation of winter earthworks, the Waikato Regional Council will consider a number of factors; including:

� The nature of the site and the winter soil disturbance works proposed; � The quality of the existing/proposed erosion and sediment controls; � The compliance history of the site/operator; � Seasonal/local soil and weather conditions; � Sensitivity of the receiving environment; and � Any other relevant factor.

11 The consent holder shall stabilise, re-contour and re-vegetate any land disturbed as a result of the activity authorised by this resource consent to limit/prevent sediment runoff and erosion, to the satisfaction of the Waikato Regional Council, as soon as practically possible. The consent holder shall maintain the site until vegetation is established to such an extent that they prevent erosion and retain sediment from entering any water body.

12 The consent holder shall ensure that all machinery used in the exercising of this consent is cleaned prior to being transported to the site to ensure that all seed and/or plant matter has being removed and documented in accordance with the document tilted ‘KEEP IT CLEAN - Machinery hygiene guidelines and logbook to prevent the spread of pests and weeds (June 2013)’(http://www.waikatoregion.govt.nz/PageFiles/3396/Keep%20it%20clean%20-%20Machinery%20hygiene%20guidelines.pdf)

13 The consent holder shall ensure that, as far as practicable, all clean water run-off from stabilised surfaces including catchment areas above the site shall be diverted away from the exposed areas via a stabilised system to prevent erosion. The consent holder shall also ensure the outfall(s) of these systems are protected against erosion.

14 The removal of any erosion and sediment control measure from any area where soil has been disturbed as a result of the exercise of this consent shall only occur after consultation and written approval has been obtained from the Waikato Regional Council acting in a technical certification capacity. In this respect, the main issues that will be considered by the Waikato Regional Council include:

i. The quality of the soil stabilisation and/or covering vegetation;

ii. The quality of the water discharged from the rehabilitated land; and

iii. The quality of the receiving water.

Advice Note: The certification or agreement (or withholding of certification or agreement) shall be based on the Waikato Regional Council’s assessment of whether the matters being considered achieve the objective of minimising sediment discharges from the site to the extent practicable.

15 In the event that any archaeological site or waahi tapu is discovered or disturbed while undertaking works, works shall cease and the Waikato Regional Council shall be notified

Doc # 2961939 Page 4

within 48 hours. The activity shall not recommence without the written approval of the Waikato Regional Council.

Note : Such approval shall be given after the Waikato Regional Council has considered:

1. Tangata Whenua interests and values, 2. the consent holders interests, and 3. any archaeological or scientific evidence.

16 The consent holder shall pay to the Waikato Regional 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.

In terms of s116 of the Resource Management Act 1991, this consent commences on 31 January 2014.



Walton Golf Club (Inc) PO Box 78 Matamata 3440


Consent Type: Water permit Consent Subtype: Ground water take

Activity authorised: To take groundwater Location: 1913 Morrinsville-Walton Road Spatial Reference: NZTM 1835273 E 5818839 N Consent Duration: This consent will expire on 1 July 2029 Subject to the conditions overleaf:

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CONDITIONS

1) The activity authorised by this resource consent shall be undertaken:

• in general accordance with the application for this resource consent lodged 3 December 2013 (as recorded on the Waikato Regional Council’s electronic document management system document no. 2909398), and any documentation supporting that application; and

• as specified in the resource consent conditions below. Where there is any disagreement between the application and the consent conditions set out below, then the consent conditions shall prevail.

2) The maximum volume to be taken from the production bore identified as Waikato Regional

Council ‘Located’ ID. 64_806 shall not exceed 199 cubic metres in any 24 hour period. 3) The annual volume authorised to be taken from the production bore 64_806 shall not exceed

20,000 cubic metres. 4) A sealed tamper-proof water measuring device suited to the quality of water it is measuring,

shall be installed at all times: (1) to the manufacturer’s specifications, and (2) at the location from which water is taken to record the quantity of water taken on a cumulative basis. The water measuring device shall have a reliable calibration to water flow which shall be maintained to an accuracy of plus or minus five percent.

5) Calibration of the water measuring system to water flow shall be undertaken by the consent

holder, at the written request of the Waikato Regional Council. Upon receiving a request the the consent holder shall engage an independent and suitably qualified person to conduct the calibration and evidence documenting the calibration to water flow and level of accuracy shall be forwarded to the Waikato Regional Council within one month of the calibration being completed.

6) As a minimum the consent holder shall record the following data on a daily basis:

(1) The date on which the record is taken; and (2) Comprise measurements (in units of cubic metres) of the total volume of water taken

for that day, and (3) If no water is taken, the records must specify the volume of water taken as ‘zero’ cubic

metres for each day that no water is taken; This data 7(1), 7(2) and 7(3) shall be reported annually to the Waikato Regional Council by 31 July 2013 covering the period 1 July through 30 June. Records of water taken must also be supplied when requested by the Waikato Regional Council.

7) At any time during the:

(1) years of 2018, 2021 and 2024, the Waikato Regional Council may, following service of notice on the consent holder, commence a review of this 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 the environment from the exercise of this resource consent and if necessary to avoid, remedy or mitigate such effects by way of further or amended conditions; and/or

ii) to review the adequacy of and the necessity for monitoring undertaken by the consent holder.

(2) period 1 July 2014 to 30 June 2015 the Waikato Regional Council may, following service of notice on the consent holder, commence a review of the conditions of this resource consent pursuant to section 128(1) of the Resource Management Act 1991 to take into account of any change to the Waikato Regional Plan being proposed as a result of any catchment investigation undertaken by the Waikato Regional Council.

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8) The consent holder shall pay to the Waikato Regional Council any administrative charge


In terms of s116 of the Resource Management Act 1991, this consent commences on 1 July 2014. For and on behalf of the Waikato Regional Council

........................................................

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7. 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. Permitted Activity Rule – Use of Water for Crop and Pasture Irrigation

Except as restricted by Rules 3.4.5.7 and 3.4.5.8 the use (as restricted by s14 of the RMA) of water and any associated discharge of water onto or into land for irrigated crop and irrigated pasture purposes is a permitted activity subject to the following conditions:

a) The water shall not be applied in a way or at a rate that causes the water holding capacity of the soil within the plant root zone (rhizosphere) to be exceeded.

b) The rate of irrigation shall not exceed the infiltration rate of soil and any run-off or ponding of irrigated water shall be minimised.

c) Seasonal and monthly irrigation water balances shall be used to demonstrate that the amount of irrigation water applied does not exceed the irrigation demand by more than 20%. The irrigation water balances must be used to manage water irrigation and must be made available to the Waikato Regional Council on request. The irrigation water balances shall specify: i) Area of land irrigated ii) Area of land irrigated iii) Crop(s) type and crop rotation dates iv) Volume of water irrigated v) Start and end date of irrigation season vi) Seasonal irrigation demand.

d) The activity shall not result in any direct application of contaminants to any water body. e) Any discharge of contaminants into air arising from the activity shall comply with the permitted

activity condition in Section 6.1.8 except where the matters addressed in Section 6.1.8 are already addressed by conditions on resource consents for the site.

f) The activity shall not result in the contamination of land.

Advisory Note

Rule 3.4.5.6 condition d) is intended to apply to the application of contaminants that are discharged into water body without contact with the surrounding land. The condition does not apply to any non-point source discharge into a water body as a result of the activity.

RESOURCE CONSENT

CERTIFICATE

Resource Consent: AUTH130727.01.01

File Number: 60 13 18A


WJ & AP Betschart 631 Pokuru Road RD 5 Te Awamutu 3875


Consent Type: Water Permit

Consent Subtype: Ground water take

Activity authorised: To take groundwater

Location: 126 Candy Road, Te Awamutu

Consent Duration: This consent will commence on the date of decision notification and expire on 30 November 2029.


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CONDITIONS

1. The activity authorised by this resource consent shall be undertaken:

1. in general accordance with the application for this resource consent (as recorded on the Waikato Regional Council’s electronic document management system document no. 2897314) and any documentation supporting the application.

2. as specified in the resource consent conditions below.

Where there is any disagreement between the application and the consent conditions set out below, then the consent conditions shall prevail.

2. Groundwater taken in association with this consent shall only be used for dairy shed washdown and milk cooling purposes.

3. The groundwater authorised to be abstracted under this consent shall only be abstracted from the bores identified by the Waikato Regional Council as Located (Note 1) numbers 72_7406 and 72_7407.

Note 1: Located numbers as quoted in this consent are a Waikato Regional Council identifier number which refers to a specific bore at a specific location.

4. The maximum total daily volume of groundwater taken for dairy shed washdown and milk cooling purposes shall not exceed 44.8 cubic metres (Note 2 & 3).

Note 2: This volume includes the 15 cubic metres per day provided for under permitted activity rule 3.3.4.12 of the Waikato Regional Plan.

Note 3: Compliance with this daily volume limit will generally be assumed where, on any day, the total number of cows milked in the dairy shed are equal to or less than 672 unless Waikato Regional Council has reason to otherwise suspect water use above the daily volume limit.

5. Where the number of cows milked in the dairy shed exceed 672 (Note 4), or Waikato Regional Council has concerns that the maximum total daily volume is being exceeded for any reason; the consent holder shall, if requested by Waikato Regional Council, provide evidence of the volume of water taken for use in the dairy shed. This evidence shall be provided within 20 working days of a written request from Waikato Regional Council unless an alternative timeframe is agreed in writing (Note 5).

Note 4:Calculated as 5% greater than the number of milking cows included in the application for this resource consent This condition does not allow for any greater volume of water to be taken than authorised above, however recognises that minor changes in herd size may not alter shed water needs.

Note 5: Whilst other methods may be accepted, one acceptable method of providing evidence of the volume of water taken is to provide records via a meter installed and records kept.

6. The consent holder shall provide evidence of the number of cows milked in the dairy shed using water under this resource consent within 20 working days of a written request by Waikato Regional Council, unless agreed in writing (Note 6 & 7).

Note 6: Acceptable forms of evidence include stock reconciliation records from annual accounts, herd testing records, confirmation from milk processing company, or as otherwise approved in advance, in writing, by Waikato Regional Council.

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Note 7: With the approval of Waikato Regional Council it may be acceptable for the consent holder to provide evidence of the actual volume of water taken for use in the dairy shed instead of, or in addition to, cow numbers requested under this consent condition.

7. Access to the bores to perform pumping tests, and for the measurement of static water levels and water quality sampling, shall be provided to the staff and agents of the Waikato Regional Council at all times.

8. The consent holder shall maintain a system of leak detection mechanisms for the reticulation network for the water taken in association with this consent. These mechanisms shall include, as a minimum, those stated in the application for this resource consent, and evidence of leak detection mechanisms shall be provided to Waikato Regional Council within 20 working days of a written request, unless an alternative timeframe is agreed in writing.

9. The Waikato Regional Council may during 2019 and 2024 serve notice on the consent holder of its intention to review the conditions of this resource consent for the following purposes:

1. for any purposes specified in section 128(1) of the Resource Management Act; or 2. to review the adequacy of monitoring undertaken by the consent holder; or 3. to review the consistency of the conditions of this consent with the vision and

strategy (“vision and strategy”) set out in Schedule 1 of Nga Wai o Maniapoto (Waipa River) Act 2012 and any subsequent changes thereof; and, if necessary, to address any inconsistency of the conditions of this consent with the vision and strategy by way of further or amended conditions.

10. At any time during the period 1 July 2019 to 30 June 2020 the Waikato Regional Council may, following service of notice on the consent holder, commence a review of the conditions of this resource consent pursuant to section 128(1) of the Resource Management Act 1991 to take into account any change to the Waikato Regional Plan being proposed as a result of any catchment investigation undertaken by the Waikato Regional Council.

11. The consent holder shall pay to the Waikato Regional 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.

In terms of s116 of the Resource Management Act 1991, this consent commences on 2 December 2014.

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Advice Notes

1. In accordance with section 125 RMA, this consent shall lapse five (5) years after the date on which it was granted unless it has been given effect to before the end of that period.


3. 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). Other transfers of water, including changes of location, may occur as provided for in Chapter 3.4 of the Waikato Regional Plan, subject to the requirements of those rules.


5. The reasonable costs incurred by Waikato Regional Council arising from supervision and monitoring of this consent 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 consent.



RESOURCE CONSENT

CERTIFICATE




Matamata Land Company Limited C/- Kevin Balle 166 Heights Road RD 1 Pukekohe


Consent Type: Water Permit

Consent Subtype: Groundwater take

Activity authorised: To take groundwater from production bore 72_6670

Location: 1291 Alexandra Road - Hungahunga

Spatial Reference: NZTM 1842459E 5823571N

Consent Duration: This consent will commence on the date of decision notification and expire on 30 July 2029.


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CONDITIONS

1. The activity authorised by this resource consent shall be undertaken:

1. In general accordance with the application for this resource consent lodged 18 November 2013 (as recorded in the Waikato Regional Council’s electronic document management system document No. 2901787), and any documentation supporting the application; and

2. As specified in the resource consent conditions below.

Where there is any disagreement between the application documentation and resource consent conditions the resource consent conditions below shall prevail.

2. The water taken pursuant to this resource consent shall be used for crop irrigation.

3. The maximum volume to be taken from the production bore (identified as Waikato Regional Council Located ID 72_6670) in any 24 hour period shall not exceed 6,100 cubic metres.

4. The maximum annual volume of groundwater to be taken from production bore 72_6670 shall not exceed 366,000 cubic metres.

5. A water measuring system shall quantify water taken from the take location on a cumulative basis. The system shall have a reliable calibration to water flow and shall be maintained to an accuracy of +/- 5%. Prior to first commencing to take water under this consent, evidence of the water measuring system’s calibration to an accuracy of +/- 5% shall be provided to the Waikato Regional Council.

6. An ‘as-built’ plan of the water measuring system shall be provided to the Waikato Regional Council prior to giving any effect to take water under this consent.

7. Additional calibration of the water measuring system shall be undertaken by the consent holder:

� at the written request of the Waikato Regional Council; and � at a frequency of no less than five yearly from the date of the first calibration

required by condition 5; and � to the satisfaction of the Waikato Regional Council.

Evidence documenting each respective additional calibration shall be forwarded to the Waikato Regional Council within one month of the calibration being completed.

8. The consent holder shall telemeter – via a telemetry system developed after liaison with the Waikato Regional Council to ensure that the telemetry system is compatible with Waikato Regional Council telemetry system standards and data protocols – continuous 1-hourly volumes of the volume of groundwater taken via production bore 77_6670 (in units of cubic metres). The data shall be reported once daily to the Waikato Regional Council via the telemetry system and there shall be 24 values per daily report. When no groundwater is being taken the data must specify the take volume as zero.

9. By 31 July each year, the consent holder shall provide a summary of the crop(s) and area(s) under irrigation management during the preceding year. The summary shall

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include on a monthly basis, the volume of water irrigated (cubic metres), application rate (mm), crop type and area irrigated (ha).

10. At any time during the period July through September, inclusive, of each year that this water take is authorised the Waikato Regional Council may, following service of notice on the consent holder, commence a review of the conditions of this resource consent pursuant to section 128(1) of the Resource Management Act 1991 for the following purposes:

1. to review the effectiveness of the conditions of this resource consent in avoiding or mitigating any adverse effects on the environment from the exercise of this resource consent and if necessary to avoid, remedy or mitigate such effects by way of further or amended resource consent conditions; or

2. to review the adequacy of and the necessity for monitoring undertaken by the consent holder; or

3. to review the appropriateness of the volumes specified within conditions 3 and 4 and, if necessary, to address any inappropriateness of these volumes by way of reducing these volumes.

11. At any time during the period from the date of commencement of this resource consent through to 30 June 2015 the Waikato Regional Council may, following service of the notice on the consent holder, commence a review of the conditions of this resource consent pursuant to section 128(1) of the Resource Management Act 1991 to take account of any change to the Waikato Regional Plan being proposed as a result of any catchment investigation undertaken by the Waikato Regional Council for the catchment denoted Piako River and all catchments flowing to the Firth of Thames along the Hunua and Hapuakohe Ranges.

12. The consent holder shall pay to the Waikato Regional 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 1991.

In terms of s116 of the Resource Management Act 1991, this consent commences on 30 July 2014.

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ADVICE NOTES

1. In accordance with s125 RMA, this consent shall lapse five (5) years after the date on which it was granted unless it has been given effect to before the end of that period.







8. The water taken pursuant to this resource consent shall be used to irrigate crops in accordance with the Waikato Regional Plan’s 3.4.5.6 Permitted Activity Rule – Use of Water for Crop and Pasture Irrigation.

RESOURCE CONSENT

CERTIFICATE




Elizabeth Anne Needham PO Box 1139 Pukekohe 2345


Consent Type: Coastal Permit

Consent Subtype: Occupation

Activity authorised: To place and use a swing mooring at Slipper Island including associated occupation of the CMA

Location: South Bay, Slipper Island

Map Reference: WGS84 Datum: 37� 03.538 S 175� 56.269 E (degrees and minutes)

Consent Duration: This consent will commence on the date of decision notification and expire on 30 September 2029.


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CONDITIONS

General 1. The swing mooring shall be occupied and maintained in accordance with the application

documentation (WRC document #2819618) for this resource consent and in the resource consent conditions below. Should there be any conflict between these documents, then the conditions of consent shall prevail.

2. The mooring structure shall not be used for permanent living quarters so as to give rise to any

discharge that would contravene the Marine Pollution Regulations. 3. The mooring shall be available for use by other vessels when not in use by the Consent

Holder. 4. This consent shall not be transferred to any person except to any new owner of the Consent

Holder’s Slipper Island land holding.

Mooring Buoy 5. The mooring buoy shall be of a colour that is readily visible in all weather conditions during the

hours of daylight as approved by the Waikato Regional Council. 6. Mooring number 3 shall be clearly displayed on the mooring buoy which shall be between 300

mm and 500 mm in diameter. 7. The consent holder shall clearly display their name, contact phone number, and maximum

vessel size for that mooring on the mooring buoy.

Mooring Specifications 8. The consent holder shall ensure that the following minimum mooring specifications (Figure 1)

are complied with:

i. Weight A of the mooring block shall be a minimum of 800 kg steel or 1200 kg concrete. ii. Chain C shall be 5 metres in length with a minimum diameter of 32 mm. iii. Chain E shall be 3.6 metres in length with a minimum diameter of 20 mm. iv. Rope H shall be of a suitable length that it remains 0.5 m off the bottom at low tide. v. Rope H shall have a minimum diameter of 24 mm rope. Structural Integrity 9. The swing mooring shall be kept in a sound and suitable condition for mooring a vessel with a

length of at least 10 metres. 10. The swing mooring structure shall not be occupied by a vessel with an overall length greater

than 10 metres. 11. The consent holder shall be responsible for the structural integrity and maintenance of the swing

mooring structure so that no part of the structure is lost (e.g. breaks loose due to wave or wind action) or results in a navigational hazard.

Structural Inspection 12. The consent holder shall arrange for a dimensional inspection by 30 November 2016 and

thereafter within a further three years from each subsequent dimensional inspection. The dimensional inspections are to be carried out by a marine engineer or other suitably qualified person (the inspector) who is accepted as competent to do so by the Waikato Regional Council. The consent holder shall provide to the Waikato Regional Council within one month of each inspection, a report from the inspector which confirms:

(a) That a dimensional inspection has been carried out on the swing mooring;

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(b) The mooring is of sound and suitable condition for mooring a vessel with a minimum length of 10 metres;

(c) The dimensional criteria set out in Conditions 8 and 9 of this consent have been measured to ensure compliance with the: i. Size of mooring Weight A; ii. Length and diameter of Chain C iii. Length and diameter of Rope H; iv. Size and colour of the mooring buoy; v. Date and method of inspection (e.g. dimensional); and vi. Name and contact details of the inspector.

Administration Charges 13. The consent holder shall pay to the Waikato Regional 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 1991.

Figure 1: Mooring specification parameters (refer condition 8). In terms of s116 of the Resource Management Act 1991, this consent commences on 1 April 2014.

Doc # 3016929

RESOURCE CONSENT

CERTIFICATE



Paua Cove Limited PO Box 5118 Mount Maunganui 3150


Consent Type: Coastal Permit Consent Subtype: Occupation Activity authorised: To use a swing mooring at Slipper Island including associated

occupation of the CMA Location: South Bay, Slipper Island Map reference: WGS84 Datum: 37� 03.507 S 175� 56.253 E (degrees and minutes) Consent Duration: This consent will commence on the date of decision notification and

expire on 30 September 2029. Subject to the conditions overleaf:

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CONDITIONS

General 1. The swing mooring shall be occupied and maintained in accordance with the application

documentation (WRC document #2785231) for this resource consent and in the resource consent conditions below. Should there be any conflict between these documents, then the conditions of consent shall prevail.

2. The mooring structure shall not be used for permanent living quarters so as to give rise to any

discharge that would contravene the Marine Pollution Regulations. 3. The mooring shall be available for use by other vessels when not in use by the Consent

Holder. 4. This consent shall not be transferred to any person except to any new owner of the Consent

Holder’s Slipper Island land holding.

Mooring Buoy 5. The mooring buoy shall be of a colour that is readily visible in all weather conditions during the

hours of daylight as approved by the Waikato Regional Council. 6. Mooring number 4 shall be clearly displayed on the mooring buoy which shall be between 300

mm and 500 mm in diameter. 7. The consent holder shall clearly display their name, contact phone number, and maximum

vessel size for that mooring on the mooring buoy.

Mooring Specifications 8. The consent holder shall ensure that the following minimum mooring specifications (Figure 1)

are complied with:

i. Weight A of the mooring block shall be a minimum of 1000 kg steel or 1500 kg concrete. ii. Chain C shall be 5.5 metres in length with a minimum diameter of 38 mm. iii. Chain E shall be 3.6 metres in length with a minimum diameter of 20 mm. iv. Rope H shall be of a suitable length that it remains 0.5 m off the bottom at low tide. v. Rope H shall have a minimum diameter of 32 mm rope. Structural Integrity 9. Unless otherwise agreed in writing by the Waikato Regional Council, the swing mooring shall be

kept in a sound and suitable condition for mooring a vessel with a length of at least 12 metres. 10. Unless otherwise agreed in writing by the Waikato Regional Council, the swing mooring structure

shall not be occupied by a vessel with an overall length greater than 12 metres. 11. The consent holder shall be responsible for the structural integrity and maintenance of the swing

mooring structure so that no part of the structure is lost (e.g. breaks loose due to wave or wind action) or results in a navigational hazard.

Structural Inspection 12. The consent holder shall arrange for a dimensional inspection to occur within two months of the

granting of this resource consent. A dimensional inspection is to then occur by 30 November 2016 and thereafter within a further three years from each subsequent dimensional inspection. The dimensional inspections are to be carried out by a marine engineer or other suitably qualified person (the inspector) who is accepted as competent to do so by the Waikato Regional Council. The consent holder shall provide to the Waikato Regional Council within one month of each inspection, a report from the inspector which confirms:

(a) That a dimensional inspection has been carried out on the swing mooring;

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Doc # 3016929 Page 3

(b) The mooring is of sound and suitable condition for mooring a vessel with a minimum

length of 12 metres; (c) The dimensional criteria set out in Conditions 8 and 9 of this consent have been

measured to ensure compliance with the: i. Size of mooring Weight A; ii. Length and diameter of Chain C iii. Length and diameter of Rope H; iv. Size and colour of the mooring buoy; v. Date and method of inspection (e.g. dimensional); and vi. Name and contact details of the inspector.

Administration Charges 13. The consent holder shall pay to the Waikato Regional 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 1991.

Figure 1: Mooring specification parameters (refer condition 8). In terms of s116 of the Resource Management Act 1991, this consent commences on 1 April 2014.


Resource Consent: AUTH127291.01.01 File Number: 61 62 48NT Pursuant to the Resource Management Act 1991, the Waikato Regional Council hereby grants consent to: Lynda Evans and Kenneth McGregor 3318 State Highway 32 Taupo (hereinafter referred to as the Consent Holder) Consent Type: Land use consent Consent Subtype: Land - use (Taupo) Activity authorised: Use land within the Lake Taupo Catchment for nitrogen leaching

activities. Location: 3318 SH32: Tihoi Spatial Reference(s): NZTM 1835503 E 5718351 N Legal Description: Lot 2 Deposited Plan 466470 Valuation Numbers: 07393/026/02 Consent Duration: This consent will commence on the date of decision notification and

expire on 31 July 2036 Subject to the conditions overleaf:

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CONDITIONS 1. The consent holder shall not exceed a Nitrogen Discharge Allowance (NDA) of an average of 19.8

kilograms of nitrogen per hectare per year and a Total Annual Nitrogen Discharge (TAND) of 101 kilograms of Nitrogen per year (as calculated using Version 5.4.3 of Overseer) over the land area to which the consent relates.

2. For the purposes of this consent:

i. the term “year” is the period 1 January to 31 December inclusive.

ii. the term “Nitrogen Discharge Allowance” (NDA) is defined as the average kilograms of nitrogen leaching per hectare per year as identified via Overseer Version 5.4.3 over the land area to which the consent relates.

iii. the term “Total Annual Nitrogen Discharge” (TAND) is defined as the total number of kilograms of nitrogen leaching per year as identified via Overseer Version 5.4.3 over the land area to which the consent relates.

iv. the term “Land area to which the consent relates” (LA) is identified in the report on the Map titled “Subdivision consent notice 3318 SH32, Waikato Regional council document number 2771759”, which shows the current land uses.

3. If the consent holder wishes to undertake farming activities on the property they shall notify and prepare a Nitrogen Management Plan (NMP) with council. The consent holder shall undertake farming activities in accordance with the NMP at all times.

4. Any changes to the NMP shall be prepared in accordance with condition 5 and registered with the Waikato Regional Council in accordance with the reporting timeframes of either (i) or (ii) below.

i. where the TAND for the changed NMP is less than or equal to 90.9 kg N/yr any changes to the parameters described in condition 5(iii) shall be registered at the end of every second month. OR

ii. where the TAND for the changed NMP is greater than 90.9 kg N/yr, any changes to the parameters described in condition 5(iii) shall be registered with the Waikato Regional Council within 10 working days of the changes occurring onsite.

5. Any changed NMP shall be prepared:

i. using Version 5.4.3 of Overseer ii. with the values for the fixed (unchangeable) parameters specified in Appendix One attached to

and part of this consent iii. specifying the proposed relevant values used for the flexible (changeable) parameters identified

in Appendix Two attached to and part of this consent. iv. Account for those farming activities which have already occurred within that year.

6. Any changed NMP prepared in accordance with condition 5 shall identify that the farming operations do not exceed the maximum NDA and TAND specified in condition 1 for the applicable time period.

7. The consent holder shall keep detailed records for the whole farm (in and out of the catchment) to verify actual farm practices undertaken are in accordance with the registered NMP. The consent holder shall submit these records to the Waikato Regional Council by 31 March annually OR upon formal request on OR before the date specified in the formal request. As a minimum annual accounts and farm management records that provide verification of the following shall be kept and submitted:

(a) Fertiliser purchase records. Details shall be kept and provided in respect of: (i) purchase date (ii) fertiliser type (iii) application methods (iv) application rates (v) areas fertilised (vi) date(s) of application (vii) spreader contractor details

(b) Stock details. (i) Transactions. These include purchases, sales and any grazing leases (formal or

informal). Details shall be kept and provided in respect of: � details of the vendor and purchaser � stock numbers � stock class

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� stock breed � stock sex � date of purchase and arrival, or beginning of grazing, of stock on farm � date of sale and removal, or end of grazing, of stock on farm � stock transporter details

(ii) Natural increases and decreases in stock. Details shall be kept and provided in respect of: � number of births � dates of birth � weaning dates � dates of death

(c) Imported supplements. Details shall be kept and provided in respect of: � Supplement type � Dry matter content � Date of purchase and vendor details � Date and location (in or out of catchment) of use � Type of stock that supplement is fed to

(d) Crop information. Details shall be kept and provided in respect of: � Crop type � Location and area of crop (including in/out of catchment) � Cultivation date � Previous land use of cropped area � Dates of sowing, harvest and or grazing (start and end dates) � Contractor details

(e) To scale maps identifying any changes in land use (e.g. converting grazed trees to fenced off ungrazed trees, ungrazed trees to grazed trees, farmed pastoral areas to tree plantations/ retired areas).

8. The Waikato Regional Council may, in accordance with section 128(1)(a)(iii) of the Resource

Management Act 1991, serve notice on the consent holder of its intention to review the conditions of this consent as a result of operative changes to the Waikato Regional Plan specifying a new target for the amount of nitrogen entering Lake Taupo and which requires that target to be achieved by the reduction of the Nitrogen Discharge Allowance specified in any resource consent.

9. The consent holder shall pay the Waikato Regional Council any fixed charges or actual and reasonable charges in accordance with Section 36 of the Resource Management Act 1991 and those prescribed in accordance with regulations made under section 360 of the Resource Management Act 1991.

Dated at Hamilton 29 May 2014. For and on behalf of the Waikato Regional Council

........................................................

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Advisory Notes: a) Section 332 of the RMA authorises the Waikato Regional Council and its authorised

contractors and agents access to the farm at all reasonable times to inspect farming activities for the purposes of determining compliance with the consent.

b) Should the consent holder surrender the whole of this consent, then the nitrogen leaching activities thereafter will need to comply with the permitted activity standards of rule 3.10.5.1 (no more than 8 kilograms of nitrogen per hectare per year for farming plus 3.5 kilograms of nitrogen per year for any advanced wastewater system or 10 kilograms of nitrogen per year for any conventional wastewater system) or rule 3.10.5.2 (non-farming activities). Any subsequent breach of rules 3.10.5.1 or 3.10.5.2 may make the landowner liable to Waikato Regional Council enforcement action.

c) Should the consent holder wish to surrender part of this consent, then in accordance with section 138(2)(c) of the RMA, the consent holder shall be required to demonstrate that the surrender will not cause an adverse effect on nitrogen leaching from the land.

d) Farming Activities as per the definition in the Waikato Regional Plan for the Taupo Catchment include the following activities: the grazing of animals or the growing of produce including crops, market gardens and orchard produce but not including planted production forest and ancillary grazing of animals or cropping. Any land area where these activities occur is the land area to which the consent relates for the property.

e) Any changes to the Nitrogen Discharge Allowance or other conditions of consent will need to be applied for under section 127 of the Resource Management Act.

f) In accordance with section 125 of the RMA, this consent shall lapse five (5) years after the date on which it was granted unless it has been given effect to before the end of that period. The consent holder may prior to the lapse date, also apply for an extension to the lapse date under s125 (1)(b) of the RMA.

g) This resource consent does not give the consent holder any right of access over private or public property. Arrangements for access must be made between the consent holder and the relevant property owner.

h) This resource consent is transferable to another owner of the land concerned, upon application, on the same conditions and for the same use as originally granted (s.134-137 of the RMA).

i) Financial information contained within annual accounts may be omitted provided there is sufficient remaining data to verify the stock (and fertiliser) information provided. For example stock breed, class age and numbers are required but the value of those stock may be removed, as long as the remaining information (e.g. stock sale and purchase info/kill sheets) verify the stocking information as true and correct.

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Appendix 1 Fixed Parameters in Overseer (Page 1 of 1)

Page Title

Input Data Heading

Input data sub heading(s) Cell Input Requirements Comments

Current Farm Region Region Central Plateau

Block Setup Total Farm Area 6.7

Any soil conservation areas must remain as ineffective, but the balance can be altered on

the site in accordance with the conditions

Relative Productivity Assessment Method "No difference between blocks"

Dairy Animals

Animal Numbers (empty cell/not ticked) need to utilise "advanced monthly stock reconciliation" sheet

Advanced Monthly Stock

Reconciliation - Dairy

maximum weight (kg) (empty cell/not ticked)

these apply to each of the columns of data entered

live weight start (kg) (empty cell/not ticked)

live weight end (kg) (empty cell/not ticked)

carcass weight (kg) (empty cell/not ticked) weaning weight (empty cell/not ticked

Other Animals

Input Units (all) (empty cell/not ticked) need to utilise "advanced monthly stock reconciliation" sheet

Stock Numbers (all) (empty cell/not ticked) need to utilise "advanced monthly stock reconciliation" sheet

Advanced Monthly Stock

Reconciliation - all stock types

maximum weight (kg) (empty cell/not ticked)

these apply to dairy, beef, sheep, deer and each of the columns of data entered

live weight start (kg) (empty cell/not ticked)

live weight end (kg) (empty cell/not ticked)

carcass weight (kg) (empty cell/not ticked)

weaning weight carcass weight (kg)

Block Setup (detailed)

Site Description

Topography- Flat 0 Although block breakdowns can change (i.e. crops etc), the total ha in each of the flat, rolling

easy & steep topography groups can’t, and new blocks must be consistent with relevant

benchmark rainfall

Topography-Rolling 6.7

Topography-Easy Hill 0

Topography-Steep Hill 0

Distance from Coast - all blocks 150km

Drainage Description

Profile drainage class prior to drainage unknown

Current Status -poorly drained (empty cell/not ticked) box must be blank/ not ticked

Current Status -mole/tile drained (empty cell/not ticked) box must be blank/ not ticked

Climate

Mean annual rainfall 1400 Must match benchmark report input

Mean annual temperature 12 Must match benchmark report input

Advanced options for drainage &

runoff

seasonal variation in rainfall low

annual potential evapotranspiration (PET) 651-800mm

seasonal variation in PET moderate

Hydrophobic Condition unknown

Advanced options for temperature (empty cell/not ticked) must match benchmark report

Animals and

Pasture

Pasture Status Development Status developed

"Click for advanced

pasture quality

Clover levels medium

Digestibility (%) (empty cell/not ticked) Boxes must be blank/ not ticked for all months

(default inputs) ME (MJ ME/kg DM) (empty cell/not ticked)

Pasture utilisation percentage (empty cell/not ticked)

Soil Soil Description

Soil Group Pumice Soil Order unknown

Sand Parent material (empty cell/not ticked) box must be blank/ not ticked as parent material not sand

Topsoil - soil texture unknown Deep /Shallow/Stony deep

AUTH127291.01.01

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Specific Block Setups - can vary between blocks Page/

Section Title Input Data Heading Sub Heading(s) Comments

General Effluent

Applications Spray Effluent Applied Y/N This can only be altered where verification is supplied to support this

Irrigation all factors This can only be altered where verification is supplied to support this

Animals and Pasture

Animal types on block

Animals Present and Percentage

If stock are being controlled by blocks, maps showing the areas where stock are being restricted to will be necessary and records will need to

be provided showing stock movements (diary entries etc)

Pasture Type This can only be altered whereby evidence is supports the change – for example: receipts & mapped areas identify re-sown area

Soil Soil Tests

Olsen P QT* Potassium (*QT = Quick Test) These can only alter whereby evidence is provided to support this change i.e. current soil test data. This will also only be

able to apply to the area in which the soil test was taken.

QT Calcium QT Magnesium

QT Sodium Organic Sulphur

Total Sulphur

Fertiliser and Lime

Fertiliser Calculator

Category Note that fertiliser inputs can also be entered in the nutrients by form

section rather than the actual fertiliser calculator but only whereby manufacturers information is available on the composition of the

fertiliser

Fertiliser Name

Amount (kg/ha/yr or Tonnes/yr) N added in May, June & July

Soluble P on in high risk months

Supplements Removed

Tonnes or Tonnes/ha Type

Must be supported by records if this is to occur- e.g. invoices/receipts/ account information etc Amount T/ha Amount on dry

weight basis Destination

Appendix 2 Flexible Parameters in Overseer (Page 1 of 2) Page/

Section Title

Input Data Heading Sub Heading(s) Comments

Current Farm Block Setup Block Name

Dairy Animals

Advanced Monthly Stock Reconciliation -

Dairy

class breed these apply to each of the columns of data

entered Age at start Monthly stock numbers

calves fed milk powder total milk solids yield

Other Animals

Animal Production wool (kg/ha/yr) velvet (kg/ha/yr)

percentage beef as male

Advanced Monthly Stock Reconciliation

class breed these apply to each of the columns of data

entered Age at start Monthly stock numbers

calves fed milk powder total milk solids yield

lambing/calving/fawning percentage for breeding stock

all data in the "advanced monthly stock reconciliation section" will need to be

verifiable at the end of each year, even if NMP altered during that time period.

% replacement of breeding stock (ewes, cows, deer)

mean lambing/calving/fawning date

mean weaning date

wool

Supplements Imported

Category Type

Records of this will need to be provided to verify incoming supplements

Amount T/yr Amount on a dry weight basis

Destination Animal type feed to

Block fed on

DCD (nitrification inhibitors) DCD used as described above Evidence of this will need to be recorded if to

be utilised e.g. receipts and evidence detailing application rates/areas/dates . Stock on blocks with DCD

Wetlands

Effective Wetland Area

Will need to be verified and to scale on a map.

Wetland condition

Catchment area (ha)

Catchment Convergence

Wetland Type

Drainage Description

Aquifer Depth

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Appendix 2 Flexible Parameters in Overseer (Page 2 of 2) Information inputs that are flexible but apply to Dairy Farms only – See Dairy Animals section of Overseer

Section Title Input Data Heading Sub heading(s) Comments

Animal Numbers

Input units

Verification of this information will be required

Diary cows/ha or total for farm replacements grazed off farm from Breed Milk Solids kg/ha/yr

Winter Grazing Off

Grazing off Options for dairy

animals

Either: % dairy cows removed, month leaving farm beginning of and month returned to farm end of

Verification of this information will be required. If off farm will need to

identify where and when they were taken to.

Or: Enter by month and tick whether grazed out most of farm prior to removal of animals

Advanced Dairy Production

Milk Production Milk Solids Yield, Volume Yield, Fat Yield & Lactation Length

Calving

Information

Either: Use default calving times

Or: median calving date and drying date and % of herd for herds 1, 2 and 3

Animal Production

Mature Cow Weight Percentage replacements in milking herd

Feed Pad or in shed feeding

Animal Feeding times

Either: Average time cows spend on feed pad when in use & % of milking season cows use feed pad

Verification of this information will be required, along with

identification of disposal methods for condition 9.

Or: enter data by month Effluent

Management Manure removal method, identify if solids separated, scraped material added to farm dairy effluent system

Solid Disposal Method

Solid disposal method, storage method before solids are disposed and time in storage

Wintering pad/ animal shelter

for dairy animals

Animal feeding and times

Feeding regime, tick whether most of the farm was grazed out prior to moving animals onto pad or not

Verification of this information will be required, along with

identification of disposal methods for condition 8.

Either: % cows on wintering pads, month onto wintering pad beginning of and month off wintering pad end of and time grazing pasture Or: Enter by month

Select Covered or Animal Shelter

Winter Pad Construction - bedding pad construction pad surface, tick if lined subsurface drained and effluent captured, and if surface scraped regularly Effluent Management - Solid disposal (scraped and separated) Solid disposal method, storage method before solids are disposed and time in storage

Effluent Management - Concrete feed pad construction

Enter time spend on concrete feed pad, identify manure removal method and select whether solids separated

Winter Stand off or loafing pads

Animal times Either: % cows on stand-off pad, hours/day or days/month on pad over June, July and August

Verification of this information will be required, and supported by

farm records

Or: Enter by month Pad

Construction & Maintenance

Pad surface, tick if lined subsurface drained and effluent captured, and if surface scraped regularly

Scraped Surface Solid Disposal

Scraped layer disposal method, storage method before top layer is disposed and time in storage

Advanced Pasture

supplement options

Green pasture & farm grown

supplements

Pasture (monthly)

Verification of this information will be required, and supported by

farm records

Farm Grown Supplements (monthly)

Total Percent (monthly) Supplements

Brought in Supplements brought in (monthly)

Farm Dairy Effluent

Select Effluent disposal system

If holding pond: identify pond treatment methods, pond sludge disposal method and block applied to as necessary

Verification of this will be required and supported by farm records

Once a day Milking Verification of this will be required and supported by farm records

RESOURCE CONSENT

CERTIFICATE



Hazlehurst Family Trust (T Hazlehurst, NM Hazlehurst & Allen

Needham & Co as trustees of) 1323 Tauhei Road RD 5 Morrinsville 3375


Consent Type: Water Permit Consent Subtype: Ground water take Activity authorised: To take groundwater Location: 1323, 1333 & 1375 Tauhei Road, Morrinsville Consent Duration: This consent will commence on the date of decision notification and

expire on 31 May 2029. Subject to the conditions overleaf:

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CONDITIONS

1 General

The activity authorised by this resource consent shall be undertaken:

1. in general accordance with the application for this resource consent (as recorded on the Waikato Regional Council’s electronic document management system document no. 2362287) and any documentation supporting the application.

2. as specified in the resource consent conditions below.

Where there is any disagreement between the application and the consent conditions set out below, then the consent conditions shall prevail.

2 Groundwater taken in association with this consent shall only be used for dairy shed washdown and milk cooling, stock watering and domestic supply purposes.

3 The groundwater authorised to be abstracted under this consent shall only be abstracted from the bores identified by the Waikato Regional Council as Located (Note 1) numbers 69_1789 and 72_6452.

Note 1: Located numbers as quoted in this consent are a Waikato Regional Council identifier number which refers to a specific bore at a specific location.

4 Operational Limits

The maximum total daily volume of groundwater taken for dairy shed washdown and milk cooling, stock watering and domestic supply purposes shall not exceed 47.9 cubic metres (Note 2 & 3).

Note 2: This volume includes the 15 cubic metres per day provided for under permitted activity rule 3.3.4.12 of the Waikato Regional Plan.

Note 3: Compliance with this daily volume limit will generally be assumed where, on any day, the total number of cows milked in the dairy shed are equal to or less than 315 unless Waikato Regional Council has reason to otherwise suspect water use above the daily volume limit.

5 Where the number of cows milked in the dairy shed exceed 315 (Note 4), or Waikato Regional Council has concerns that the maximum total daily volume is being exceeded for any reason; the consent holder shall, if requested by Waikato Regional Council, provide evidence of the volume of water taken for use in the dairy shed. This evidence shall be provided within 20 working days of a written request from Waikato Regional Council unless an alternative timeframe is agreed in writing (Note 5).

Note 4: Calculated as 5% greater than the number of milking cows included in the application for this resource consent This condition does not allow for any greater volume of water to be taken than authorised above, however recognises that minor changes in herd size may not alter shed water needs.

Note 5: Whilst other methods may be accepted, one acceptable method of providing evidence of the volume of water taken is to provide records via a meter installed and records kept.

6 The consent holder shall provide evidence of the number of cows milked in the dairy shed using water under this resource consent within 20 working days of a written request by Waikato Regional Council, unless agreed in writing (Note 6 & 7).

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Note 6: Acceptable forms of evidence include stock reconciliation records from annual accounts, herd testing records, confirmation from milk processing company, or as otherwise approved in advance, in writing, by Waikato Regional Council.

Note 7: With the approval of Waikato Regional Council it may be acceptable for the consent holder to provide evidence of the actual volume of water taken for use in the dairy shed instead of, or in addition to, cow numbers requested under this consent condition.

7 Measuring, Recording and Reporting

Access to the bores to perform pumping tests, and for the measurement of static water levels and water quality sampling, shall be provided to the staff and agents of the Waikato Regional Council at all times.

8 The consent holder shall maintain a system of leak detection mechanisms for the reticulation network for the water taken in association with this consent. These mechanisms shall include, as a minimum, those stated in the application for this resource consent, and evidence of leak detection mechanisms shall be provided to Waikato Regional Council within 20 working days of a written request, unless an alternative timeframe is agreed in writing.

9 Review

The Waikato Regional Council may during 2019 and 2024 serve notice on the consent holder of its intention to review the conditions of this resource consent for the following purposes:

1. for any purposes specified in section 128(1) of the Resource Management Act; or 2. to review the adequacy of monitoring undertaken by the consent holder; or 3. To review the consistency of the conditions of this consent with the vision and strategy

(“vision and strategy”), and set out in Schedule 2 of the Waikato–Tainui Raupatu Claims (Waikato River) Settlement Act 2010 and any subsequent changes thereof; and, if necessary, to address any inconsistency of the conditions of this consent with the vision and strategy by way of further or amended conditions.

10 At any time during the period 1 July 2021 to 30 June 2022 the Waikato Regional Council may, following service of notice on the consent holder, commence a review of the conditions of this resource consent pursuant to section 128(1) of the Resource Management Act 1991 to take into account any change to the Waikato Regional Plan being proposed as a result of any catchment investigation undertaken by the Waikato Regional Council.

11 Administration

The consent holder shall pay to the Waikato Regional 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.

In terms of s116 of the Resource Management Act 1991, this consent commences on 22 May 2014.

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Advice notes

1. In accordance with section 125 RMA, this consent shall lapse five (5) years after the date on which it was granted unless it has been given effect to before the end of that period.


3. 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). Other transfers of water, including changes of location, may occur as provided for in Chapter 3.4 of the Waikato Regional Plan, subject to the requirements of those rules.


5. The reasonable costs incurred by Waikato Regional Council arising from supervision and monitoring of this consent 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 consent.





Thames Coromandel District Council Private Bag Thames 3540


Consent Type: Water permit Consent Subtype: Diversion

Activity authorised: To divert floodwaters of the Whareroa Stream Location: Tuateawa Road & Whareroa Stream - Kennedy Bay Spatial Reference: NZTM 1828011 E 5940850 N Consent Duration: This consent will commence on the date of decision notification, unless

otherwise stated in the consent’s conditions, and expire on 30 June 2047


AUTH126528.02.01

Doc #2361162 Page 2

General 1. The activities authorised by this consent shall be undertaken in general accordance with the

application for resource consent signed and dated 26 February 2013, Waikato Regional Council document no. 2154066, subject to the following resource consent conditions.

2. The Consent Holder shall be responsible for all contracted operations related to the exercise of

this resource consent, and shall ensure contractors are made aware of the conditions of this resource consent relevant to their work area, and comply with those conditions.

3. The consent holder shall repair any erosion which occurs as a result of the exercise of this

resource consent, within 10 working days of becoming aware of the erosion and shall implement erosion protection works to prevent the erosion re-occurring.

Notification 4. The Consent Holder shall provide the Resource Use Group of the Waikato Regional Council

advanced written notice of the works a minimum of 10 working days before commencement. Timing of Works 5. The Consent Holder shall not undertake the activities authorised by this consent during the

period from May to September inclusive unless authorised in writing by the Resource Use Group of the Waikato Regional Council.

Construction Management Plan 5. The consent holder shall provide the Waikato Regional Council with a draft Construction

Management Plan (CMP), at least 20 working days prior to the proposed commencement of activities authorised by this consent. The objective of the CMP is to document the measures by which the consent holder intends to comply with all conditions of resource consent during the construction phase and shall include, but not be limited to, the following;

a) A schedule of construction activities; b) The proposed construction methodology, including staging of works; c) Proposed erosion and sediment control methodologies and practices; d) Proposed spill prevention and response measures.

The CMP shall be approved in writing by the Waikato Regional Council acting in a technical certification capacity prior to any works authorised by this consent commencing and the consent holder shall undertake all activities authorised by this consent in accordance with the approved CMP.

6. Any changes proposed to the CMP shall be confirmed in writing by the consent holder and approved in writing by the Waikato Regional Council acting in a technical certification capacity, prior to the implementation of any changes proposed.

7. The consent holder shall ensure that a copy of the approved CMP, including any approved

amendments, is kept onsite and this copy is updated within 5 working days of any amendments being approved.

Erosion and Sediment Control Works 8. The Consent Holder shall be responsible for the provision and maintenance of any erosion

control works that may be necessary as a result of the exercise of this resource consent.

AUTH126528.02.01

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9. The Consent Holder shall ensure that sediment losses to natural water arising from the exercise of this resource consent are minimised for the duration of the works and during the term of this consent.

10. The concentration of suspended solids in the receiving water body after reasonable mixing

100m downstream of the work site shall not exceed 80 grams per cubic metre suspended solids concentration as a result of the exercise of this consent. This standard shall apply, except where the suspended solids concentration in the receiving water body, unaffected by the activity, is greater than the standard specified. When the concentration of suspended solids in the receiving water body unaffected by the activity, exceeds 80 grams per cubic metre then there shall not be any increase in the suspended solids concentration in the receiving water body as a result of activities authorised by this consent.

11. During the term of this consent, discharges from the work site shall not cause a conspicuous

change in water colour or clarity in the receiving water body, after reasonable mixing and at point 100 metres downstream of any point of discharge to the water body.

12. The Consent Holder shall stabilise all disturbed areas as soon as practicable and within 10

days following completion of earthworks. The site shall be maintained until vegetation is established to such an extent that it prevents erosion and prevents sediment from entering any watercourse.

Machinery 13. The Consent Holder shall ensure that all machinery used in the exercising of this consent is

cleaned prior to being transported to the construction site to ensure that all seed and/or plant matter has been removed.

14. The Consent Holder shall ensure that no machinery is operated within flowing water. 15. The Consent Holder shall ensure that all machinery shall be maintained and operated in a

manner which ensures that spillages of fuel, oil and similar contaminants are prevented. Particular care shall be taken during refuelling and machinery servicing and maintenance. Such activities shall be carried out away from any water body and in such a manner that any spillage can be contained so it does not enter any water body.

Tangata Whenua Values 16. In the event that any archaeological remains are discovered, the works shall cease

immediately in the vicinity of the discovery, and Tangata Whenua, the Historic Places Trust and the Waikato Regional Council shall be notified as soon as practicable and within 48 hours of a discovery. Works may recommence with the written approval of the Waikato Regional Council. Such approval shall only be given after the Waikato Regional Council has considered: a) Tangata Whenua interests and values, b) the Consent Holder’s interests, c) Historic Places Trust advice, and d) any archaeological or scientific evidence.

Review 17. At any time during the years 2014 and every fifth year thereafter the Waikato Regional Council

may, following service of notice on the consent holder, commence a review of the conditions of this resource consent pursuant to section 128(1) of the Resource Management Act 1991 for the following purposes:

a) To review the effectiveness of the conditions of this resource consent in avoiding or

mitigating any adverse effects on the environment from the exercise of this resource

AUTH126528.02.01

Doc #2361162 Page 4

consent and if necessary to avoid, remedy or mitigate such effects by way of further or amended conditions; or

b) To review the adequacy of and the necessity for monitoring undertaken by the Consent Holder and specifically to review the method and frequency of record collection for the purposes of determining the most appropriate method and frequency; or

c) If necessary and appropriate, to require the holder of this resource consent to adopt the best practicable option to remove or reduce adverse effects on the environment.

d) For the purpose of ensuring that the conditions of this consent are not inconsistent with the requirements of legislation pertaining to Treaty of Waitangi settlement claims, subject to the proviso that any review shall be for a resource management purpose.

Administration 18. The consent holder shall pay to the Waikato Regional 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.


........................................................

AUTH126528.02.01

Doc #2361162 Page 5


which it was granted unless it has been given effect to before the end of that period. 2. Where a resource consent has been issued in relation to any type of construction (e.g. dam,

bridge, jetty) this consent does not constitute authority to build and it may be necessary to apply for a Building Consent from the relevant territorial authority.







Consent Evaluation Report

Applicant: Te Awa River Ride

Charitable Trust File No.: 61 62 35A

Address of Site: Market Street, Ngaruawahia Project Code: RC21140

Application Number: APP132212

1 Introduction

Te Awa River Ride Charitable Trust has made application for resource consent as described below. The proposed activity is in the vicinity of Market Street, Ngaruawahia at or about map reference NZTM 1814790 E 5802991 N. The application is DOC#3026294. Reference Id Activity Subtype Activity Description

AUTH132212.01.01 Land - disturbance To undertake soil disturbance and vegetation clearance within high risk erosion areas in association with construction of the Te Awa River Ride (Ngaruawahia to Amani Lane section) incuding subsequent discharges to air, land and water

2 Background and Description of Proposal

I have adopted the applicant’s background and description of the proposal as set out in sections 1.1, 2 and 3 (pgs.1-4) of the report (DOC#3028316) accompanying the application for this resource consent. The application has been amended (DOC#3070726) by the applicant to separate the Ngaruawahia Golf Club and the Croal Crescent sections. This report and attached resource consent certificate is for the Croal Crescent section. The applicant has requested that the Ngaruawahia Gold Club section is placed ‘on hold’ pending further consultation with the Golf Club.

3 Status of Activities under the Plans

The proposed earthworks activity is a discretionary activity in accordance with rule 5.1.4.15 of the Waikato Regional Plan.

4 Consultation/Affected Party Approvals

4.1 Iwi

The applicant has reported that Waikato Tainui was supportive of the project and had committed substantial financial support to it. It has indicated that it has provided information to the Turangawaewae Trust Board, Nga Uri o Maahanga, and Ngati Wairere. It is also noted that an archaeologists report commissioned by the applicant indicated that no known archaeological sites would be affected by the proposed works.

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I consider that the applicant undertaken iwi consultation in a manner consistent with the Waikato Regional Council’s procedures for consulting with iwi, which are set out in Resource Use Group Practice Note B7 “Iwi Consultation Principles and Practices”.

4.2 Other Parties

The applicant has reported that it has consulted with the following parties;

� Ngaruawahia Community Board � Ngaruawahia Ward Councillors � Ngaruawahia Golf Course

5 Process Matters

This application was lodged on 11 April 2014. On 27 April 2014 the processing of the application was placed on hold in accordance with s92(1) of the RMA 1991 while further information was sought. On 17 June 2014 the failure to provide the information was waived in accordance with s37(1)(b) and the application was taken off hold. The application was processed without any other “on hold” or “time extension” events.

6 Statutory Considerations

Section 104 of the Resource Management Act 1991 sets out matters that consent authorities must have regard to when considering resource consent applications and submissions. These matters are to be considered subject to Part II of the Resource Management Act 1991. Section 104 requires a consent authority to have regard to any actual and potential effects on the environment of allowing an activity along with any relevant provisions in certain planning documents, and any other matter the consent authority considers relevant and reasonably necessary to determine the application. These statutory considerations are addressed in the following sections of this report. As identified in section 3 of this report, this proposal will be assessed as a discretionary activity and will therefore be determined in accordance with section 104B of the act. Section 104 states that after considering an application for a discretionary activity, a consent authority may grant or refuse the application and impose conditions under section 108 of the act if it is granted.

6.1 Assessment of Environmental Effect

Section 104(1)(a) provides that when considering a consent application, the consent authority must, subject to Part 2, have regard to the actual and potential effects on the environment of allowing the activity. Case law has determined that the "environment" must be read as the environment which exists at the time of the assessment and as the environment may be in the future as modified by the utilisation of permitted activities under the plan and by the exercise of resource consents which are being exercised, or which are likely to be exercised in the future. It does not include the effects of resource consents which might be sought in the future nor any past reversible effects arising from the consent being considered. In this case the receiving environment has been modified. I do not consider it to be sensitive to the proposed activities. Section 104(2) provides that when forming an opinion about the actual or potential effects of the activity, the consent authority may disregard an adverse effect of the activity on the environment if the regional plan permits an activity with that effect. This is often referred to as the "permitted baseline" and calls for a discretionary decision to be exercised by the consent authority as to whether or not to discount such permitted effects. This provision requires consideration of:

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"the existing environment overlaid with such relevant activity (not being a fanciful activity) as is permitted by the plan. Thus, if the activity permitted by the plan will create some adverse effect on the environment, that adverse effect does not count in the s104 or s105 assessments…it is deemed to be already affecting the environment…The consequence is that only other or further adverse effects emanating from the proposal under consideration are brought to account." (Arrigato v ARC)

In this case there are no permitted baseline effects which have been discounted. After considering the nature and scale of the proposal, I consider the following to be the key potential environmental effects that require assessing;

� Water quality degradation � Dust � Exotic weed invasion � Historical/cultural aspects

6.1.1 Water Quality Degradation Soil disturbance from the earthworks has the potential to discharge sediment into surface water. Sediment discharge to water can cause a range of adverse effects on fresh water ecosystems, including damaging fish and invertebrates’ gills, smothering waterway beds, depositing nutrients in waterways, and reducing light penetration. The applicant has not provided an Erosion and Sediment Control Plan (ESCP) for the proposed works. The proposed pathway requires a relatively minor amount of earthworks over a short duration and erosion and sediment control is expected to be relatively straight forward. I recommend that an ESCP is provided for the WRC’s approval prior to the works commencing. I consider it appropriate to require the works to be undertaken in accordance with the Waikato Regional Council’s 2009 Erosion and Sediment Control Guidelines.

A series of conditions have been included in the attached schedule to minimise water quality degradation as far as practicable. On this basis, I consider adverse effects on water quality resulting from the proposed activity will be no more than minor.

6.1.2 Dust

Sites where ground cover is removed and soil disturbed have the potential to discharge dust. The severity of dust discharges determined by factors such as wind strength, soil type, size of area exposed and moisture content of soil. The location of the site is such that no other parties are likely to be affected by the activities. The likelihood of the dust particulates travelling beyond the boundaries of the property and causing a nuisance are neglible. However I have recommended standard consent conditions regarding dust discharges from the site should this be required. On this basis I consider that dust discharge effects stemming from the proposed activity will be less than minor.

6.1.3 Exotic Weed Invasion The proposed earthworks will provide conditions for weeds in the area to spread further. Machinery bought onto the site to undertake earthworks and vegetation clearance could potentially carry plant matter and/or seeds, which could result in the introduction of new weed species in the area. I recommend that all machinery bought onsite is first cleaned to remove any plant matter and/or seeds. I have proposed conditions in the attached consent regarding

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washing of machinery. On this basis I consider that the risk of exotic weed invasion will be adequately avoided.

6.1.4 Historical/Cultural Effects I have search the Waikato Regional Councils SmartMaps GIS system and found no record of any archaeological sites on the subject site which would be affected by the proposed works. The applicant has provided an archaeological assessment which indicates that the proposed works will not affect any archaeological sites. However, there is potential for unidentified archaeological or cultural sites to be uncovered by the proposed earthworks. I have included a standard condition in the attached consent requiring works to cease and the Waikato Regional Council to be notified in the event that this occurred. On this basis I consider that effects on historic/cultural sites are likely to be no more than minor.

6.2 Policy Statements, Plans and Regulations

6.2.1 National environment standards As of June 2010 there are four NESs that have come into effect - the National Environmental Standards for Air Quality (where various standards have been in effect since October 2004); Sources of Human Drinking Water; Electricity Transmission Activities; and Telecommunication Facilities. I have commented on the two potentially relevant standards below. Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins and Other Toxics) Regulations 2004 (including amendments 2005) Dust discharges stemming from the earthworks are expected to be adequately controlled by standard dust suppression measures. I do not consider that an assessment against this national standard is required due to the low level of expected effects and temporary nature of the proposed works. National Environmental Standard for Sources of Human Drinking Water The National Environmental Standard for Sources of Human Drinking Water commenced on 20 June 2008. This standard is a regulation enacted by an Order in Council, under s43 of the Resource Management Act. The regulation requires that a regional council must not grant a water or discharge permit for an activity that will occur upstream of a drinking water abstraction point if specific criteria at the point of abstraction are exceeded. The matters to be considered as part of an assessment are dependent on the permit being sought and the level of effects on any drinking water supplier located downstream or down gradient of the activity. Under this regulation a regional council may also impose a condition of consent on any resource consent application requiring the consent holder to notify, as soon as reasonably practical, the registered drinking-water supply operators and the regional council if the activity leads to an event that, or as a consequence of an event, results in a significant adverse effect on the quality of the water at the abstraction point.

There are no drinking water supplies immediately downstream of the subject site identified in the Waikato Regional Council’s “Smart Maps” system. On this basis I consider that an assessment against the NES for drinking water is not required.

6.2.2 National policy statements (including NZ Coastal Policy Statement) I have had regard to the National Policy Statement for Freshwater Management in considering this application. In my opinion the proposed activity does not conflict with this policy statement due to the low level of expected effects and their temporary duration. No other national policy statements were considered relevant to this application.

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6.2.3 Operative and proposed Regional Policy Statements The Waikato Regional Policy Statement (WRPS) and the Proposed RPS set out the significant resource management issues which should be considered when managing natural and physical resources within the Region. The WRPS was proposed in October 1993 and became operative on October 2000. The Proposed RPS was publicly notified on 3 November 2010 and 200 submissions received. The Proposed RPS incorporating Council’s decisions on submissions was publicly notified on 2 November 2012; 37 appeals were lodged with the Environment Court. Provisions that have not been appealed have full weight and supersede corresponding provisions in the operative RPS. Provisions that that have been appealed generally have less weight as they may change through the appeal process; however the weighting to be given to them will depend on various factors including in particular the nature/scope of the appeal and the degree to which the proposed provision represents a departure from the previous policy approach. In assessing this application I have had regard to what are considered to be the most relevant objectives and policies contained within both the PRPS and the RPS. It is considered that this proposal is consistent with these objectives and policies, providing that the recommended consent conditions are complied with.

6.2.4 Regional Plan The Waikato Regional Plan (“WRP”) became operative (in part) as of 28 September 2007. Three recent variations to the plan are now operative (Variations No.2 (Geothermal), No. 5 (Lake Taupo Catchment) and No.7 (Minor Variations and Geothermal Maps)). The parts of the Plan that remain subject to proposed variations that have not fully completed the first schedule RMA process are those addressed by proposed Variation No.6 - Water Allocation. The purpose of regional plans is to help the Council carry out its functions under s30 of the RMA. In assessing this application I have given regard to what I consider to be the most relevant objectives and policies contained within the WRP. It is considered that this proposal is consistent with these objectives and policies, providing that the recommended consent conditions are complied with.

6.3 Waikato-Tainui Raupatu (Waikato River) Settlement Claims Act 2010 or Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 or Nga Wai o Maniapoto (Waipa River) Act 2012

6.3.1 Vision and strategy As of 24 September 2010 Waikato Regional Council, in addition to any requirement specified in the RMA, must have particular regard to the vision and strategy (Schedule 2 of the Settlement Claims Act). This act applies to applications relating to the Waikato River; or activities in the catchment that affect the Waikato River. The overarching purpose of the Act is to restore and protect the health and wellbeing of the Waikato River for future generations. Through this piece of legislation it is intended to implement the “Vision and Strategy” for the River and consequently aims to meet the objectives for the Waikato River by:

a) the restoration and protection of the health and wellbeing of the Waikato River; b) the restoration and protection of the relationship of iwi with the River, including their

economic, social, cultural and spiritual relationships, c) the integrated, holistic and coordinated approach to management of the natural,

physical, cultural and historic resources of the Waikato River:

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d) the adoption of a precautionary approach towards decision that may result in significant adverse effects on the Waikato River, and in particular those effects that threaten serious or irreversible damage to the River

e) The recognition and avoidance of adverse cumulative effects, of activities undertaken both within the Waikato River and within its catchments on the health and wellbeing of the River

f) The recognition that the Waikato River is degraded and should not be required to absorb further degradation as a result of human activities

g) The protection and enhancement of significant sites, fisheries, flora and fauna h) The application of the above of both matauranga Maaori and the latest available

scientific methods The vision and strategy forms part of the Waikato Regional Policy Statement and be given effect through the plans administered by Regional and territorial authorities along the river. The settlement also provides for joint management agreements between iwi and the local authorities; participation in river-related resource consent decision-making; recognition of a iwi environmental plan; provision for regulations relating to fisheries and other matters managed under conservation legislation and an integrated river management plan. I have had particular regard to the Vision and Strategy of the above Statute and have recommended the inclusion of conditions on the attached schedule which are designed to maintain the quality of water and to avoid remedy or mitigate any potential adverse effects on the Waikato River.

6.3.2 Customary activities S58(3) of the Waikato-Tainui Act 2010 requires the consent authority to ensure that the granting of consent does not cause the prevention of, or significant adverse effect on, a notified customary activity. The proposed activities do not impact on the customary activities allowed for under this act.

6.3.3 Waikato-Tainui Environmental Plan The granting of this consent application, subject to condition as proposed is consistent with the requirements of the Waikato Tainui Environmental Plan.

6.4 Relevant Part 2 Considerations

All resource consent applications must be considered subject to Part II (sections 5 to 8) of the Resource Management Act 1991. These sections set out the purpose, matters of national importance, other matters and the Treaty of Waitangi. Each section has been considered in relation to this consent application. It should be noted that the principles of the RMA (i.e. sections 6 - 8) are subordinate to promoting sustainable management and are not ends in themselves. They are accessories to the principle purpose (i.e. section 5). All of these matters should inform the ultimate, overall judgment as to whether the application meets the purpose of the Act.

7 Discussion/Conclusions

The applicant has applied for a resource consent to undertake soil disturbance and vegetation clearance in high risk erosion areas associated with construction of a cycle/walk way between the Great South Road Bridge and Amani Lane, Ngaruawahia. The main potential adverse environmental effects associated with the proposed works are considered to be:

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� Water quality degradation � Dust � Exotic weed invasion � Historical/cultural

For the reasons outlined in section 6.1 of this report, I am satisfied that these adverse effects can be avoided, remedied or mitigated such that the adverse environmental effects associated with the works are likely to be minor. The overall proposal has been assessed in respect to its consistency with the objectives and policies of the Regional Council’s policies and plans, and the statutory provisions of the RMA. It has further been considered in accordance with section 104B of the RMA which has regard to the determination of applications for discretionary or non-complying activities. Provided the activities are undertaken in accordance with the application for consent and subsequent supporting documentation, and the recommended consent conditions in the attached Resource Consent Certificate, I consider that they will not be inconsistent with Council’s policy and plans, or the statutory provisions of the RMA. I recommend that resource consent application APP132212 be granted for a duration of five years. This duration will allow for unexpected delays in undertaking the works.

8 Monitoring

The Waikato Regional Council has a statutory obligation under section 35 of the RMA 1991 to monitor the environmental effects associated with activities being carried out within the Waikato Region that are authorised by Resource Consents. Consequently, Waikato Regional Council staff or its authorised agents will monitor this site both during and after the works have been completed. Furthermore, I consider it appropriate for the consent holder to undertake regular monitoring of erosion sediment controls onsite during and after the proposed works. Accordingly, I have included a standard condition to this effect in the attached resource consent.

9 Recommended Decision

I recommend that in accordance with s104B resource consent application APP132212 be granted in accordance with the duration and conditions prescribed in the attached Resource Consent Certificate for the following reasons:

� The activity will have no more than minor actual or potential adverse effects on the environment

� The activity is not contrary to any relevant plans or policies

� The activity is consistent with the purpose and principles of the Resource Management Act 1991

Peter Stevens Date: 17/6/2014 Contractor Resource Use Group

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10 Decision

That the resource consent applications are granted in accordance with the above recommendations.

Grant Blackie Date: 17/6/2014 Programme Manager Resource Use Group




Pursuant to the Resource Management Act 1991, the Regional Council hereby grants consent

to:

Te Awa River Ride Charitable Trust C/- A Roche Private Bag 3091 Hamilton 3240


Consent Type: Resource Consent

Consent Subtype: Land - disturbance

Activity authorised: To undertake soil disturbance and vegetation clearance within high risk erosion areas in association with construction of the Te Awa River Ride (Ngaruawahia to Amani Lane section) incuding subsequent discharges to air, land and water

Location: Lower Waikato Esplanade, Market Street : Ngaruawahia

Consent duration: This consent will commence on the date of decision notification and expire on 30 June 2019.


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CONDITIONS 1. The activities authorised by this resource consent shall be undertaken in accordance with;

a) the application for this resource consent (WRC Doc#3026294), and, b) the s92 request response (DOC#3070762) provided by e-mail on 29 May 2014,

and c) all other information provided in support of the application for this resource

consent,

except where otherwise required in the resource consent conditions below. Where there is any inconsistency between the application documentation and the resource consent conditions, the resource consent conditions shall prevail.

2. This resource consent does not authorise the section of pathway located on the Ngaruawahia Golf Course.

3. The consent holder shall be responsible for all contracted operations related to the exercise of this resource consent, and shall ensure contractors are made aware of the conditions of this resource consent and ensure compliance with those conditions.

4. A copy of this consent shall be kept onsite at all times that physical works authorised by this

consent are being undertaken and shall be produced without unreasonable delay upon request from a servant or agent of the Waikato Regional Council.

Pre-Start 5. The consent holder shall inform the Waikato Regional Council in writing, at least 5 working

days prior to commencement of any works, of the start date of the works authorised by this resource consent.

6. The consent holder shall appoint a representative(s) prior to the exercise of this resource consent who shall be the Waikato Regional Council’s principal contact person(s) in regard to matters relating to this resource consent. The consent holder shall inform the Waikato Regional Council of the representative’s name and how they can be contacted, prior to this resource consent being exercised. Should that person(s) change during the term of this resource consent, the consent holder shall immediately inform the Waikato Regional Council and shall also give written notice to the Waikato Regional Council of the new representatives name and how they can be contacted.

7. The consent holder shall arrange and conduct a pre-construction site meeting and invite, with a minimum of 5 working days notice, the Waikato Regional Council, the site representative(s) nominated under conditions 5 of this consent, the contractor, and any other party representing the consent holder prior to any work authorised by this consent commencing on site. Advice Note: In the case that any of the invited parties, other than the site representative does not attend this meeting, the consent holder will have complied with this condition, provided the invitation requirement is met.

8. The consent holder shall ensure that all machinery used in the exercising of this consent is

cleaned prior to being transported to the site to ensure that all seed and/or plant matter has being removed and documented in accordance with the document tilted ‘KEEP IT CLEAN - Machinery hygiene guidelines and logbook to prevent the spread of pests and weeds (June 2013)’ (http://www.waikatoregion.govt.nz/PageFiles/3396/Keep%20it%20clean%20-%20Machinery%20hygiene%20guidelines.pdf)

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Erosion and Sediment Control Plan (E&SCP) 9. The consent holder shall provide the Waikato Regional Council with an “Erosion and

Sediment Control Plan” (E&SCP), at least five working days prior to the commencement of activities authorised by this consent. The objective of the E&SCP shall be to minimise sediment discharge from the site to the extent practicable.

10. The E&SCP required by condition 8 shall as a minimum be based upon and incorporate

those specific principles and practices which are appropriate for the activity authorised by this consent and contained within the Waikato Regional Council document titled “Erosion and Sediment Control – Guidelines for Soil Disturbing Activities” (Technical Report No. 2009/02 – dated January 2009). The E&SCP shall be certified in writing by the Waikato Regional Council acting in a technical certification capacity prior to any works authorised by this consent commencing and the consent holder shall undertake all earthworks authorised by this consent in accordance with the certified E&SCP.

11. Any changes proposed to the certified E&SCP shall be confirmed in writing by the consent

holder and the Waikato Regional Council, acting in a technical certification capacity, prior to the implementation of any changes proposed.

12. The consent holder shall ensure that a copy of the certified E&SCP, including any confirmed

amendments, is kept onsite and this copy is updated within 5 working days of any amendments being confirmed.

Construction

13. The consent holder shall ensure that sediment losses to natural water arising from the exercise of this resource consent are minimised during the duration of the works and during the term of this consent. In this regard, erosion and sediment control measures shall be established and maintained in accordance with the document titled “Erosion and Sediment Control – Guidelines for Soil Disturbing Activities” (Technical Report No. 2009/02 – dated January 2009), and the certified E&SCP.

14. If required in writing by the Waikato Regional Council, the consent holder shall seed and mulch all disturbed soil within a specified time period.

15. All earthmoving machinery, pumps, generators and ancillary equipment shall be operated in

a manner, which ensures spillages of fuel, oil and similar contaminants are prevented, particularly during refuelling and machinery servicing and maintenance. Refuelling and lubrication activities shall be carried out away from any water body, ephemeral water body, or overland flow path, such that any spillage can be contained so that it does not enter surface water.

16. There shall be no vehicles or earthmoving machinery in the bed of any flowing water body at

any time.

17. All disturbed or cut vegetation, soil or debris shall be deposited or placed in a position where it will not enter any water body or cause diversion, damming or erosion of any waterway.

18. The consent holder shall ensure that, as far as practicable, all clean water run-off from

stabilised surfaces including catchment areas above the site shall be diverted away from the exposed areas via a stabilised system to prevent erosion. The consent holder shall also ensure the outfall(s) of these systems are protected against erosion.

Discharges 19. The consent holder shall ensure that all sediment laden run-off from the site is treated by

sediment retention structures. These structures are to be fully operational before bulk earthworks commence and shall be maintained to perform at least at 80% of their operational capacity.

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20. There shall be no discharge of airborne particulate matter that is objectionable to the extent

that it causes an adverse effect at or beyond the boundary of the subject property.

Advice Note: Chapter 6.4 of the Waikato Regional Plan provides guidance on the assessment of the effect of odour and dust emissions.

Monitoring and Maintenance 21. The consent holder shall ensure that all erosion and sediment control structures are

inspected on a weekly basis and within 24 hours of each rainstorm event that is likely to impair the function or performance of the controls.

Site Restoration 22. The removal of any erosion and sediment control measure from any area where soil has

been disturbed as a result of the exercise of this consent shall only occur after consultation and written approval has been obtained from the Waikato Regional Council acting in a technical certification capacity. In this respect, the main issues that will be considered by the Waikato Regional Council include:

a) The quality of the soil stabilisation and/or covering vegetation; b) The quality of the water discharged from the rehabilitated land; and c) The quality of the receiving water.

23. Re-vegetation and/or stabilisation of all disturbed areas is to be completed in accordance

with the measures detailed in the document titled “Erosion and Sediment Control – Guidelines for Soil Disturbing Activities” (Technical Report No. 2009/02 – dated January 2009).

24. The consent holder shall ensure those areas of the site where earthworks have been

completed shall be stabilised against erosion as soon as practically possible and within a period not exceeding 14 days after completion of any works authorised by this consent. Stabilisation shall be undertaken by providing adequate measures (vegetative and/or structural) that will minimise sediment runoff and erosion to the satisfaction of the Waikato Regional Council acting in a technical certification capacity. The consent holder shall monitor and maintain the site until vegetation is established to such an extent that it prevents erosion and prevents sediment from entering any water body.

Tangata Whenua/Archaeological 25. The works authorised by this resource consent shall not disturb any recorded archaeological

site unless the consent holder has obtained New Zealand Historic Places Trust authority to modify or destroy the site.

26. In the event that any archaeological remains are discovered, the works shall cease

immediately in the vicinity of the discovery and the Waikato Regional Council, Waikato Tainui and Ngati Wairere shall be notified as soon as practicable and within 24 hours. Works may recommence with the written approval of the Waikato Regional Council. Such approval shall only be given after the Waikato Regional Council has considered:

� Tangata Whenua interests and values, and � the consent holder’s interests, and � any archaeological or scientific evidence.

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Administration 27. The consent holder shall pay to the Waikato Regional Council any administrative charge


In terms of s116 of the Resource Management Act 1991, this consent commences on 18 June 2014

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Advice notes 1. In accordance with section 125 RMA, this consent shall lapse five (5) years after the date

on which it was granted unless it has been given effect to before the end of that period. 2. This resource consent does not give any right of access over private or public property.







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