NZCA submission on WCO JAN RIDDELL MEMBER NZCA RICK MCGOVERN-WILSON EXECUTIVE OFFICER, NZCA
Overview • NZCA – composition, functions • NZCA work and advocacy on freshwater • Why we support the Te Waikoropupu springs and associated water bodies (including the Aquifers, Takaka River and tributaries) WCO • Comments on the ChanceryGreen Report regarding Expert Witness Conferencing – received Friday 13 April
NZCA – a national statutory body 1. Established under the Conservation Act 1987. 2. This and other conservation related legislation conferred a range of powers and functions on the NZCA. 3. Under the Conservation Act, Section 6C (2) (c), the NZCA has the power to “advocate the interests of the Authority at any public forum or in any statutory planning process.”
NZCA website http://www.doc.govt.nz/about-us/statutory-and-advisory-bodies/nz-conservation-authority/
NZCA membership 13 members appointed by the Minister of Conservation: two appointed after consultation with the Minister of Maori Affairs [Rau Kirikiri, one vacancy] two - Minister of Tourism [Warren Parker, Kerry Prendergast] one - Minister of Local Government [Jan Riddell] one -Te Runanga O Ngai Tahu [Sandra Cook] one - Royal Society of New Zealand [Mick Clout] one - Forest and Bird [Gerry McSweeney] one - Federated Mountain Clubs [David Barnes] four - public nominations [Mark Christensen, Robyn Jebsen, Tony Lepper, Mark Brough]
NZCA’s statutory functions 1. Approve conservation management strategies and conservation management plans, and review and amend such strategies and plans. Many of these documents have objectives, policies and outcomes relating to the conservation of fresh water habitats and fresh water fisheries.
NZCA’s statutory functions 2. Investigate any nature conservation or other conservation matters it considers are of national importance and to advise the Minister or the Director- General of Conservation, as appropriate. The protection and management of fresh waterbodies is such as matter. Fresh water ecosystem restoration, management and protection is a NZCA’s strategic priorities.
Section 4 – Principles of the Treaty The Authority gives particular consideration to ensuring effect is given to the principles of the Treaty of Waitangi (section 4, Conservation Act 1987) when interpreting and administering conservation policy and management plans.
NZCA & freshwater The NZCA published a report in 2011 on “Protecting New Zealand’s Rivers” Current advocacy reflects the widespread public concern about water and the biodiversity therein (notably whitebait and long-fin eel).
NZCA principles on freshwater ◦ A “headwaters to sea” integrated approach. ◦ Diversity of freshwater ecosystem types (rivers, ..wetlands). ◦ Healthy fresh water ecosystems (riparian margins, quality). ◦ Preservation of indigenous fish species. ◦ Protection of indigenous aquatic flora and fauna. ◦ Recognition of the ecosystem services from conservation land. ◦ Public accessibility of fresh water resources. ◦ Public health issues associated with degraded water quality. ◦ Permanent protection of fresh water bodies. http://www.doc.govt.nz/about-us/statutory-and-advisory-bodies/nz- conservation-authority/policies/freshwater-principles/
NZCA & WCO The use and effectiveness of Water Conservation Orders (WCOs) are specifically addressed in Sections 4 & 5. Recommendations 13 to 17 (of 19 in total) relate to Water Conservation Orders (WCOs). We note widespread protection of NZ rivers via WCOs was the objective at the time of their establishment (1981) and a national policy initiative, with nationally important rivers listed. Water and Soil Conservation Amendment Act 1981
NZCA supports the WCO for Te Waikoropupu springs and associated water bodies because: The springs are nationally and internationally significant. The springs have outstanding amenity and outstanding amenity and intrinsic values. The associated water bodies (including the aquifers, Takaka River and tributaries have amenity and intrinsic values which warrant protection. Protection of the outstanding values of the Te Waikoropupu springs cannot be achieved without protecting the inflowing sources of water.
WCOs - a national planning instrument For a water body with outstanding values, it provides a more secure long-term protection mechanism than within a Regional Plan under the RMA, which are reviewed and subject to change every 10 years. A WCO cannot be changed easily by local body politicians.
Cannot afford time delay The setting of necessary environmental limits for the health of the ecosystem and conservation of the Springs and associated water bodies via the NPS Freshwater Policy outcomes, based on progress to date in other districts/regions, could be decades away.
WCO is consistent with RMA S199 Application is made jointly by 2 independent people/groups and has been a cooperative approach, and provides for all the matters in Section 199 (2) of the RMA. The application is holistic, ecosystem based and, if made, will ensure amenity and intrinsic values will be managed in an integrated way, rather than in an ad hoc fashion or single value as has been common in the past. The application is unique – a first for a spring system.
Other matters – flows, biodiversity An ecologically based flow/level regime should be an integral part of the WCO and this should include the hydraulically connected groundwater. In terms of the springs the regime should include - minimum flows and levels, median and mean flows and the number, frequency and duration of peak flow/level events. The WCO will enhance the sustainability of the indigenous ecosystem of the springs in perpetuity. The granting of the WCO will acknowledge the finely balanced nature of the Springs ecosystem.
Other matters – water quality Revised draft WCO Schedule 4 water quality Limits: Nitrate levels dominate the water quality debate. Para 41 and 43 (Aquatic Ecology – Expert witness Statement) highlight the increase of Nitrate – nitrogen levels over time in the main spring and contributing groundwater. A precautionary approach is required. At the very least the WCO should ensure the current nitrate “state” of the springs should not be allowed to deteriorate further. The “trend” (currently upwards over time) should level off and ultimately decline. We agree with the Klaus Thoma view of the limit – 0.55mg/l proposed, in that it allows for further deterioration beyond current levels of NN.(Water quality expert witness statement). A precautionary approach gives direction to future regional planning for the Springs and associated water bodies.
Conclusion The NZCA supports the making of a WCO over the Te Waikoropupu springs and associated water bodies (including the aquifers, Takaka River and tributaries) due to the outstanding amenity and intrinsic values of the Springs. A WCO provides a more appropriate protection mechanism than under the 10-year Regional Plans under the RMA. It will provide guidance to regional planning. Ecologically based flow/level regimes and water quality limits based on the “precautionary” or conservative approach, must be an integral part of the WCO.
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