Ngā Kaupapa / Policy

Matching land use with land capability and water availability

WM7.1 To require that rural land and water planning, management and use recognises and provides for:

(a) Catchment boundaries and water availability;
(b) Water quality and quantity thresholds and limits;
(c) Land capability, including soil type and topography;
(d) The protection of eco-cultural systems and resources; and
(e) The capacity of a catchment to assimilate land use effects.

WM7.2 To require a precautionary approach to the land use conversion and intensification in the takiwā that recognises and provides for:
(a) Existing and future effects of diffuse source pollution on surface and groundwater resources from land use;
(b) The cumulative effects of land use on the health of soil and water resources; and
(c) The cultural and environmental costs of land conversion and intensification, in addition to economic return per hectare.

WM7.3 To work with local authorities to develop land use and water quality assessment tools to evaluate the suitability of particular areas for certain activities (e.g. dairy), including but not limited to:
(a) The use of zoning as a method to enable land use that matches local conditions (e.g. soil, climate, water availability, assimilative capacity), as opposed to best economic return per hectare (i.e. when you add enough water and nutrients) and that protect waterways from particular land use activities that are likely to threaten water quality.

Resource consents for irrigated and other forms of intensive land use

WM7.4 All new land conversions for irrigated and other forms of intensive land use (e.g. dairy and cropping) should require resource consent, and be assessed on the following matters:
(a) Appropriateness of the activity to the environment based on:
(i) Soil type and topography;
(ii) Proximity to surface water (waterways, wetlands, waipuna, lakes and drains);
(iii) Depth to groundwater, and nature of the aquifer (confined or unconfined); and
(iv) Water quantity required and limits of available water supply.
(b) Actual and potential effects on the environment and associated Ngāi Tahu values, including the relationship of Ngāi Tahu to land, water and sites; and
(c) Cumulative effects of existing irrigated and other forms of intensive land use in the catchment.

WM7.5 To require that resource consents granted for irrigated and other forms of intensive land use are subject to the following conditions of consent:
(a) The development, implementation and monitoring of farm management plans that cover such matters as effluent, irrigation, soil and environmental infrastructure management, stocking rates, and associated reporting requirements and monitoring provisions; and
(b) Provision to protect and enhance cultural and environmental values, including indigenous biodiversity (e.g. the establishment of shelter belts using native species).

WM7.6 To require that land use and water abstraction consents associated with intensive rural land use are assessed and evaluated together as joint consents.


Catchment nutrient management

WM7.7 The development of catchment nutrient budgets as a tool to manage the cumulative effects of land use on water quality and create rules and incentives to improve on land and water management.

WM7.8 To oppose the trading of nutrient limits. Limits must be attached to land and location.

WM7.9 To support the concept of creating ‘headroom’, through improved nutrient management, to enable land use change or intensification, but only when:
(a) Water quality load limits reflect the need to improve water quality and general cultural health of the catchment, particularly lower catchments, and not just maintain the existing state;
(b) Improving water quality and the cultural health of rivers is given priority over enabling development; and
(c) Headroom is not created using nutrient trading.


Internalisation of environmental costs

WM7.10 To promote on-farm measures that maximise water use efficiencies and reduce nutrient loss, and that enable landowners undertaking intensive rural farming activities to be responsible for the cultural and environmental costs of their activities, including but not limited to:
(a) The treatment of effluent before disposal;
(b) On-farm nutrient management;
(c) Appropriate stocking rates, that avoid soil loss and nutrient leaching;
(d) Soil and foliage testing to optimise and minimise fertiliser use;
(e) Best practice irrigation management;
(f) The protection, construction or restoration of environmental infrastructure such as wetlands and riparian margins; and
(g) Fencing off surface waterways.

WM7.11 To require effective and enforceable penalties for non-compliance, including revoking resource consents and enforced environmental remediation.


Incentives

WM7.12 To recognise and support those land users and managers that are demonstrating sustainable land use and protecting and enhancing the environment and cultural values.

WM7.13 To support the use of incentives to encourage landowners to practice stewardship of freshwater resources. Incentives can be a more powerful tool than regulatory measures such as fines or rules.


Cumulative effects

WM7.14 To require that the effects of land use activities on water quality and quantity are assessed with due regard to the cumulative effects of all land use in the catchment and as well as of individual consents.

Ngā Kaupapa / Policy

Flow and water allocation regimes

WM8.1 Environmental flow and allocation limits must be set on all waterways, including tributaries.

WM8.2 Environmental flow and water allocation regimes must recognise and provide for Ngāi Tahu values and interests, and therefore deliver cultural and environmental outcomes. This means flows and limits recognise and provide for:

(a) Mauri and mahinga kai as first order priorities, over abstractive use: ’how much water does the river need to be healthy’ rather than ‘what is the lowest possible flow that the river can sustain’;
(b) Flow and limits that restore what a river should be, as opposed maintaining the existing degraded condition or value (particularly lowland streams);
(c) Flows and limits reflect seasonal flows and flow variability, including floods and freshes;
(d) Continuous and reliable flow of water through the river Ki Uta Ki Tai, from the headwaters to the estuarine and coastal environments, noting that in some waterways this may include bothsurface and underground flow;
(e) There is sufficient water to sustain the wetlands and waipuna associated with waterways;
(f) River mouth and hāpua dynamics and ecological processes are protected, including duration and frequency of openings;
(g) The interconnectedness of groundwater and surface water is recognised and provided for, and certainty of supply for groundwater recharge is ensured;
(h) Sufficient water depth and flow for indigenous fish passage, recognising that species such as tuna require a specific ecological flows (floods and freshes) to trigger and enable safe and successful passage;
(i) The quality and quantity of water on tribal properties and NTCSA 1998 sites is enhanced;
(j) Flows are consistent with protecting and enhancing mahinga kai and indigenous biodiversity values;
(k) Shingle movement does not lead to unnatural or exacerbated aggradation and erosion; and
(l) Weed and periphyton growth and algal blooms are avoided.

WM8.3 To require the use of a range of tools and initiatives to achieve Policy WM8.2, including but not limited to:
(a) The mātauranga held by whānau and hapū about waterways and the flows required to sustain specific cultural values is recognised equally alongside mainstream methods;
(b) Cultural monitoring tools, such as COMAR to identify flow and water quality that would enable the protection of tāngata whenua values (see Issue WM4);
(c) Stock water not be exempt from flow and allocation plans (see Box – Stockwater Issues);
(d) Water permits are attached to land not to consent holders (See Issue WM11);
(e) Mandatory water metering on all water takes, as a condition of consent;
(f) Continuous recording of flow at appropriate locations;
(g) Requiring efficient use of water as a condition of consent;
(h) User levies on abstractions to fund resource studies and realise protection and restoration measures; and
(i) Common consent expiry dates within catchments.

WM8.4 To require that specific values important to local waterways and catchments as identified in Part 6 of this IMP (Catchment Policy) are recognised and provided for when establishing flow and allocation limits.

Ngāi Tahu restoration initiatives

WM8.5 To ensure that environmental flow and water allocation regimes are consistent with supporting and furthering Ngāi Tahu initiatives to restore waterways and their mahinga kai values.

Aquifers

WM8.6 To require that aquifers are recognised and protected as wāhi taonga. This means:
(a) The protection of groundwater quality and quantity, including shallow aquifers;
(b) The protection of aquifer recharge;
(c) Ensuring a higher rate of recharge then abstraction, over the long term;
(d) Continuing to improve our understandings of the groundwater resource, and the relationship between groundwater and surface water.

Over-allocated catchments

WM8.7 To require the implementation of an immediate solution to addressing the over-allocation of water in particular catchments, based on a staged approach designed to enable an improved understanding of the local environment and natural resource requirements:
(1) Firstly:
(i) Do not grant any new abstraction or water permit, and place a moratorium on all new land conversions requiring water;
(ii) Do not allow the trading of existing permits;
(iii) Review all existing consents for actual use, using metering; and
(iv) Require the cancellation of consents of not being given effect to, and the surrender of unused allocations (i.e. no transfers of unused water).

(2) Secondly:
(i) Assess the state of the resource (groundwater, waterway);
(ii) Monitor how the resource responds to these measures; and (iii) Adapt management plans and practices accordingly, acknowledging the principle of matching land use with natural resource limits and availability. If the resource is still degraded, then address issue through a community process, including assessing whether land use (water demand) needs to change.

WM8.8 To address allocation issues in those catchments that are currently identified as nearing overallocation (e.g. at 80%) as a matter of priority. Controls on land use to protect water quantity

WM8.9 To require controls on specific land use activities that are associated with high water demand, through policies and rules in district and regional plans, to protect surface water flows and groundwater recharge, particularly in water sensitive catchments where the demand for water can be inconsistent with water availability.

WM8.10 To support a requirement for water permit applicants to demonstrate the need for the quantity of the proposed water take, including providing information on crop type, productive area, acreage, proposed water use per hectare, estimated water losses, and efficiency measures. This information will guide the assessment of the appropriateness of the proposed water take and land use with regard to the effects on soil and water resources.

Efficiencies

WM8.11 To support activities and strategies to improve the efficiency of water use in urban and rural situations, including:
(a) Water efficiency technology in residential, commercial, industrial and urban environments:
(i) rainwater storage tanks;
(ii) greywater reuse;
(iii) reduced or low flow devices (e.g. low flush toilets and efficient showerheads); and
(iv) water efficient appliances.

(b) Water efficiency technology on the farm:
(i) metering of use;
(ii) soil moisture monitoring;
(iii) efficient irrigation technology;
(iv) wise irrigation practices, such as irrigating at night; and
(v) collecting and storing rainwater for on farm use.

WM8.12To ensure that water use efficiency criteria is to apply to all users of water - new and existing permit holders.

WM8.13 To require that any water saved through efficiency gains is returned to the river to restore river health as a first priority, rather than made available for re-allocation.

Resource consents to take and use water

WM8.14 To advocate for a maximum of a 15 year duration on water permits, and consent terms to reflect the:
(a) Level of existing knowledge about the resource;
(b) Risk to the resource;
(c) Nature of the activity supported by the take and use of water, and justification for amount applied for; and
(d) Need for common expiry dates in the catchment.

WM8.15 To oppose the granting of water permits to take and use water from waterways where there is insufficient information about flows, including flow volume and variability (e.g. small tributaries).

WM8.16 To advocate for monitoring, reporting and effective and enforceable penalties for non-compliance, including revoking resource consents and enforced environmental remediation.

Ngā Kaupapa / Policy

WM9.1 To advocate for a takiwā-wide robust evaluation and assessment of the land uses that our freshwater resources are supporting, including the assimilative capacity of the land and the long-term cumulative effects of land use, prior to looking for ways to provide more water.

WM9.2 To promote co-operative and constructive relationships between the irrigation and energy sectors and Ngāi Tahu, over and above RMA 1991 consultation, to facilitate consideration of effects of regional water infrastructure options on tāngata whenua values and interests.

WM9.3 To support in principle the storage of water through local and regional infrastructure development, provided that:
(a) Land use or land use change enabled by the provision of water is managed to avoid compromising cultural and environmental values, including water quality.
(b) The location of storage does not compromise places or sites with outstanding cultural characteristics and values;
(c) Storage will relieve pressure on groundwater resources;
(d) Water is harvested on the receding flows of floods and freshes;
(e) The role of floods and freshes in channel formation and the maintenance of river processes and health is not compromised; and
(f) There is a robust and critical assessment of effects on Ngāi Tahu values (see Policies WM9.4 and WM9.5).

Evaluating cultural effects and benefits

WM9.4 To critically evaluate the cultural implications of any damming, on-farm storage, community water enhancement schemes, or water storage proposal that may have adverse effects on resources and values of importance to tāngata whenua, with particular regard to:
(a) How the proposal aligns with Ngāi Tahu priorities for water use, as per Policy WM3.1;
(b) Consistency with Ngāi Tahu initiatives to restore waterways and their mahinga kai values;
(c) The nature and extent of transfer and mixing of waters between and within catchments;
(d) The effects of increased water availability and subsequent land use change on surface and groundwater;
(e) Measures to avoid non-point source pollution;
(f) The effects on cultural landscapes sites, features and values;
(g) The effects on coastal ecosystems and processes, including hāpua;
(h) The potential for loss of mahinga kai resources and opportunities (e.g. disruption of fish passage);
(i) Interruption of continuity of flow Ki Uta Ki Tai; and
(j) The cultural imperative to leave the natural environment, including waterways, in a better state for future generations than its current or inherited state.

WM9.5 To critically evaluate the potential for damming, diversion or water storage proposal to have positive effects on Ngāi Tahu values, with particular regard to:
(a) Objectives to re-establish and restore indigenous biodiversity on the landscape, including biodiversity/habitat corridors;
(b) Alleviating pressure on groundwater resources and opportunities for groundwater consents to be surrendered as a condition of the provision of new water infrastructure; and
(c) Increased controls and consistency for land use activities benefiting from water infrastructure, including:
(i) Imposition of environmental levies (user levies) as a condition of water supply, to encourage efficiency and provide funds for research and monitoring, and protection and enhancement initiatives; and
(ii) Requirement for farm management plans as a condition of water supply, to minimise the effects of land use on the farm site and wider environment.

WM9.6 To ensure that the effects of any proposed regional water infrastructure scheme are assessed with reference to the objectives for ecological and cultural health of waterways in the takiwā (i.e. what should be there), rather than the existing degraded state of the resource. The existing degraded condition of a waterbody cannot be used as a basis for allowing further adverse effects to occur.

WM9.7 To require that any proposed regional water infrastructure scheme includes provisions for a contingency fund, to be used for remediation and to remedy unanticipated effects on the environment (e.g. dam failure) and unforeseen cumulative effects on water quality.

Ngā Kaupapa / Policy

WM10.1 In principle, the unnatural mixing of water from different sources between or within catchments is culturally inappropriate.

WM10.2 Water infrastructure proposals that will result in the unnatural mixing of waters will be assessed by Papatipu Rūnanga on a case by case basis, allowing for consideration of:
(a) The varying perspectives of different hapū to the unnatural mixing of waters in their takiwā;
(b) The current state of water quality, water quantity, indigenous biodiversity and other cultural values within particular waterways; and
(c) Different mixing scenarios, including provisions to avoid or mitigate cultural issues and/or provide cultural benefit.

WM10.3 The cultural acceptability of proposals that will result in the unnatural mixing of waters will be assessed using the following framework:
(a) The unnatural mixing of water is likely to be culturally unacceptable where it involves:
(i) direct mixing between glacial, rain or spring fed waters,
(ii) direct mixing of waters used for different purposes;
(iii) direct mixing of water between different catchments; or
(iv) direct mixing of water from different aquifers.
(b) The unnatural mixing of waters may be acceptable where it involves:
(i) Waters that already mix naturally within the same catchment;
(ii) Waters that are of same type (e.g. rainfed to rainfed); or
(iii) Waters that are filtered through natural processes, such as natural or constructed wetlands and riparian margins.

Ngā Kaupapa / Policy

WM11.1 To require that water permits are connected to the property they were allocated to, and herefore to a specific waterway or aquifer, and not to a permit holder; and that when land is sold the new owner must re-apply for consent to take water if there is a proposed change to land use.

WM11.2 To oppose the transfer of water permits in catchments that are over-allocated.

WM11.3 To oppose the transfer of unused allocations associated with a water permit to another use or user different from that which it was originally allocated/permitted for. Unused water must remain in the river and a new permit should be required for any new land use

Ngā Kaupapa / Policy

Cultural use

WM12.1 To require that local authorities recognise Ngāi Tahu cultural use as an activity that occurs in beds of rivers and lakes and their riparian zones, and provide for this as a permitted activity (including any structures that may be required to enable cultural use).

Riparian areas

WM12.2 To require the protection and restoration of native riparian vegetation along waterways and lakes in the takiwā as a matter of priority, and to ensure that this can occur as a permitted activity.


Access

WM12.3 To require that local authorities recognise and provide for the following cultural matters associated with access and use of the beds and margins of rivers and lakes:
(a) The need to protect sites of cultural significance to tāngata whenua when considering public access; and
(b) The need to protect and maintain Ngāi Tahu access to sites associated with wāhi tapu, wāhi taonga, mahinga kai and other cultural resources, including Fenton reserves, Fenton Entitlements and Nohoanga.


Use and enhancement of river margins in the built/ urban environment

WM12.4 All waterways in the urban and built environment must have indigenous vegetated healthy, functioning riparian margins.

WM12.5 To require that all waterways in the urban and built environment have buffers or set back areas from residential, commercial or other urban activity that are:
(a) At least 10 metres, and up to 30 metres; and
(b) Up to 50 metres where there is the space, such as towards river mouths and in greenfield areas.

WM12.6 In the urban environment, it is accepted that waterways may have existing exotic vegetation along margins (e.g. exotic specimen trees in waterside reserves). However the objective is still to promote native riparian vegetation, as taonga valued for flood control, the maintenance of water quality, mahinga kai and cultural well-being.

WM12.7 To require all esplanade reserves and esplanade strips established on subdivisions to incorporate native riparian planting.


Riverworks

WM12.8 To require that all river works activity, including vegetation clearance and silt removal, are undertaken in a manner that protects the bed and margins of the waterway from disturbance, and that mahinga kai values are not compromised as a result of the activity.

WM12.9 To require that any river works activity that results in the loss or damage of riparian vegetation includes measures to replace or restore vegetation, with appropriate indigenous species.

WM12.10To require the appropriate disposal of spoil (silt or weed), with a preference for the use of spoil as compost.

WM12.11 To oppose the use of global consents for earthworks activities in the beds and margins of waterways.

WM12.12 To require that any plantings associated with flood protection works is undertaken using indigenous species.


Structures in the beds and margins of waterways

WM12.13 To require that any structure, essential or otherwise, in the bed or margin of a waterway (e.g. floodgate) supports and enables passage for migratory indigenous fish species and does not compromise any associated kōhanga.


Rural activities along and in the beds and margins of rivers

WM12.14 To protect the beds and margins of foothill, lowland, and coastal waterways from effects associated with rural land use by requiring a 20 metre buffer or set back area from the waterway, or whatever distance is appropriate to ensure:
(a) Capture of run-off and protection of water quality;
(b) Protection of eco-cultural attributes such as mahinga kai; and
(c) Prevention of stock access to waterways.

WM12.15 Recognising that a 5 metre well-planted buffer along a healthy stream may be as effective as a 20 metre buffer along a degraded waterway, the appropriate size of buffers or set back areas along waterways as per Policy WM12.14 should be based on an assessment of:
(a) The nature of the adjacent land use and therefore risk to waterway health;
(b) The existing state of cultural health of the waterway; and
(c) The existing pressures on the waterway.

WM12.16 To advocate for buffer zones on braided river margins that are least the width of the river itself, as a buffer against land use and development.

WM12.17 To oppose the use of river and lake beds and their margins for farming activities, including the conversion to pasture, grazing of stock and growing of winter feed crops.


Gravel extraction

WM12.18 To support sustainable gravel extraction as part of floodplain and river management in the takiwā provided that:
(a) It is undertaken in areas where there is no surface or groundwater flow, while recognising the need to ensure that there are still gravels available to be transported downstream in floods;
(b) Methods are used to avoid or minimise sedimentation; and
(c) The location of extractions sites does not compromise wāhi tapu, wāhi taonga or mahinga kai values.

WM12.19 To limit the duration of resource consents for gravel extraction to 10 years, and to maintain the ability to require consent durations of 2-5 years on some waterways.

WM12.20 To require that gravel extraction activities maintain the natural character of the waterway, including but not limited to returning the site of extraction to its original shape and character following gravel extraction.

WM12.21 To require that gravel extraction consent applications assess actual and potential effects on cultural values including but not limited to effects on:
(a) Mahinga kai, including bird nesting sites, native fish habitat, nohoanga and fishing easements;
(b) Wāhi tapu, wāhi taonga and other sites of cultural significance;
(c) The natural character of the river;
(d) Hāpua and river mouth environments; and
(e) Potential for positive effects on cultural values through improvements to river environments (e.g. willow removal).

WM12.20 To recognise the ability of gravel extraction to address issues associated with the unnatural aggradation of gravel in the lower reaches of some waterways, but to advocate for solutions that identify and address the source of the aggradation (e.g. low flows and upper catchment erosion).

Ngā Kaupapa / Policy

Cultural use

WM13.1 To recognise and protect all wetlands, waipuna and riparian areas as wāhi taonga that provide important cultural and environment benefits, including but not limited to:
(a) Mahinga kai habitat;
(b) The provision of resources for cultural use;
(c) Cultural well-being;
(d) The maintenance and improvement of water quality; and
(e) Natural flood protection.

WM13.2 To protect, restore and enhance remaining wetlands, waipuna and riparian areas by:
(a) Maintaining accurate maps of existing wetlands, waipuna and riparian margins;
(b) Requiring that the drainage of existing wetlands or waipuna or the destruction or modification of existing native riparian areas be a prohibited activity;
(c) Requiring the use of appropriate fencing, buffers and set back areas to protect wetlands, waipuna and riparian areas from intensive land use, including stock access and irrigation;
(d) Supporting initiatives to restore wetlands, waipuna and riparian areas; and
(e) Continuing to educate the wider community and landowners of the taonga value of these ecosystems.

WM13.3 To support the establishment, enhancement and restoration of wetlands, riparian areas and waipuna as a measure to avoid, remedy or mitigate any actual or potential adverse effects of land use and development activities on cultural and environmental values.


Wetlands

WM13.4 To advocate for resource management plans, policies and rules that lead to a net gain in wetlands throughout the takiwā as well as no loss of remaining natural wetlands.


Use and enhancement of river margins in the built/ urban environment

WM13.5 To advocate, where appropriate, for the creation of wetland areas to assist with the management of onsite/site sourced stormwater and other wastewater, to utilise the natural capacity of these ecosystems to filter contaminants. These wetlands must be constructed wetlands; natural wetlands are not be used to treat or dispose of wastewater. However, they may be adjacent to natural wetlands, to mitigate the impacts on natural systems.

WM13.6 The cultural value of wetlands must be included in any regional or local assessments of wetland significance.


Riparian margins

WM13.7 To recognise the protection, establishment and enhancement of riparian areas along waterways and lakes as a matter of regional importance, and a priority for Ngāi Tahu.


Waipuna

WM13.8 To require that waipuna are recognised as wāhi taonga in district and regional plans. This means:
(a) Explicit recognition of the value of waipuna to tāngata whenua;
(b) Effective policies, rules and methods to protect waipuna from abstraction, stock access, drainage and run-off, including prohibiting any direct discharges and requiring riparian margins to buffer adjacent land use; and
(c) Explicit objectives to restore degraded waipuna.

Ngā Kaupapa / Policy

WM14.1To require that drains are managed as natural waterways and are subject to the same policies, objectives, rules and methods that protect Ngāi Tahu values associated with freshwater, including:
(a) Inclusion of drains within catchment management plans and farm management plans;
(b) Riparian margins are protected and planted;
(c) Stock access is prohibited;
(d) Maintenance methods are appropriate to maintaining riparian edges and fish passage; and
(e) Drain cleaning requires a resource consent.

WM14.2 To require and uphold agreements with local authorities to ensure that the timing and techniques of drain management are designed to avoid adverse effects on mahinga kai and water quality, including:
(a) Identifying drains that are or can be used for mahinga kai;
(b) Returning any fish that are removed from drains during the cleaning process to the waterway;
(c) Riparian planting along drains to provide habitat and shade for mahinga kai and bank stability while reducing the frequency and costs of maintenance by reducing aquatic plant growth;
(d) Ensuring drain management/cleaning does not breach the confining layers;
(e) Use of low impact cleaning methods such as mechanical ‘finger buckets’, as opposed to chemical methods such as spraying, to minimise effects on aquatic life;
(f) Notification to tāngata whenua of any chemical spraying of drains used for mahinga kai or connected to waterways used as mahinga kai; and
(g) Involvement of tāngata whenua in drain maintenance activities where there is a need to return native fish back to the drain (e.g. tuna, kekewai and kanakana)