Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Final decisions on Tukituki Catchment Proposal

Final decisions on Tukituki Catchment Proposal

26 June 2014

The Board of Inquiry has today released its Final Report and Decisions on the Tukituki Catchment Proposal. The Board’s decision is to allow the Plan Change request with amendments, grant the 17 resource consent applications, and confirm the Notice of Requirement (NoR) for the Ruataniwha Water Storage Scheme (RWSS) subject to the conditions.

The Board of Inquiry adopted a ‘dual nutrient’ approach in the Plan Change to manage both phosphorous and nitrogen in the Tukituki catchment. This included setting an in-stream dissolved inorganic nitrogen (DIN) limit/target, as well as on-land [maximum allowable] leaching rates for nitrogen, based on the Land Use Capability Classification System (LUC).

Following comments received on the Draft Report and Decision, the Board has, in addition to other drafting changes:

• Corrected an error and amended the rule that would have required individual farmers to observe the DIN limit/target in receiving waters. If an individual farmer complies with the LUC leaching rates (and meets the other requirements of the rule other than the DIN limits) the use of production land is a permitted activity;

• Resolved an anomaly in the rules relating to the use of production land by raising the upper threshold for exceedences of LUC leaching rates (from 10% to 30%) before a restricted discretionary activity becomes non-complying; and

• Clarified that compliance with the LUC leaching rates should be determined using a four year rolling average of either measured or estimated leaching rates derived from annual nutrient budgets.

The EPA’s Chair Ms Kerry Prendergast says the amount of information before the Board was immense (over 28,000 pages of material), the matters were highly complex, involving significant conflicting and technical expert evidence.

Ms Prendergast thanked the Chair of the Board, the Hon Lester Chisholm and the other Board members – Russell Howie, Matthew Lawson, Loretta Lovell and Alec Neill for their work with this proposal.

The decision followed the Board’s consideration of the application, submissions/further submissions, evidence and included a seven and half week hearing.

The final decision and report has been sent to all parties involved in the application. It is also available on the EPA website at the link below: http://www.epa.govt.nz/Resource-management/Tukituki/Pages/default.aspx

ENDS

Background

1. The Tukituki Catchment Proposal is made up of two parts, which are together considered a proposal of national significance.

• One part is the Hawke’s Bay Regional Council’s (HBRC) Proposed Plan Change 6, which covers a suite of changes to rules for land and water management in the Tukituki River catchment;

• The other is the Hawke’s Bay Regional Council Investment Company Limited’s (HBRIC Ltd) application for 17 resource consents and a notice of requirement for the construction of a water storage dam and associated structures in the upper reaches of the Tukituki River catchment, relating to the RWSS.

2. On 5 June 2013 the Minister for the Environment, Hon Amy Adams and Minister of Conservation, Hon Dr Nick Smith directed a request for a call-in from the HBRC, and an application from the HBRIC Ltd to be considered jointly by an independent Board of Inquiry as a proposal of national significance.

3. The Tukituki Catchment Proposal is chaired by the retired High Court Judge, the Honourable Lester Chisholm who is a Companion of the New Zealand Order of Merit. The other four members are Environment Court Commissioner Russell Howie, Matthew Lawson, Loretta Lovell and Alec Neill.

4. The Board makes its decisions independently of the EPA and of Ministers. Its decision can be appealed to the High Court on points of law only, and it cannot be overturned by Ministers.

5. The Board of Inquiry in Plan Change 6 adopted a ‘dual nutrient’ approach to manage both phosphorous and nitrogen in the Tukituki catchment. This included setting an in-stream dissolved inorganic nitrogen (DIN) limit/target, as well as on-land [maximum allowable] leaching rates for nitrogen based on the Land Use Capability Classification System (LUC).

Following comments received on the Draft Report and Decision, the Board has in addition to other drafting changes:

• Corrected an error that would have required individual farmers or farming enterprises to observe the DIN limit/target in the receiving waters. The rule has been amended so that if a farm property or farming enterprise complies with the LUC leaching rates (and meets the other requirements of the rule other than the DIN limits) the use of production land would then be a permitted activity (as detailed in paragraphs [446] to [450]). A consequential amendment has also been made to the RWSS consent conditions (as detailed in paragraphs [1252] to [1253]);

• Resolved an anomaly in the rules relating to the use of production land by raising the upper threshold for exceedences of LUC leaching rates (from 10% to 30%) before a restricted discretionary activity becomes non-complying (as detailed in paragraph [429]); and

• Clarified that compliance with the LUC leaching rates should be determined using a four year rolling average of either measured or estimated leaching rates derived from annual nutrient budgets (as detailed in paragraphs [466] to [469]).

6. You can read more about this proposal and the process followed on the EPA website here:

http://www.epa.govt.nz/Resource-management/Tukituki/Pages/default.aspx

7. The Board’s final decision has been released before the due date of 28 June 2014.

ENDS


© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Max Rashbrooke: A Failure Of Measurement: Inside The Budget Lock-Up

Shortly after the embargo lifted at 2pm news organisations started filing reports claiming that health, and to a lesser extent housing and education, were the ‘big winners’ out of the Budget. It failed to take into account the fact that in most cases the apparent increases were in fact cuts. Because of the twin effects of inflation and population. More>>

ALSO:

DOCtored Figures: Minister Clarifies DOC Budget

“Commentators have overlooked the fact $20.7m of that perceived shortfall is new funding for Battle for our Birds 2016, provided for in last week’s Budget...” DOC also has approval in principle to carry over a further $20m to 16/17 due to unexpected delays in a number of projects. More>>

ALSO:

For The Birds: Gordon Campbell On The Budget

Budgies, so their Wikipedia page says, are popular pets around the world due to their small size, low cost, and ability to mimic human speech. Which is a reasonably good description of Finance Minister Bill English eighth Budget. . More>>

Max Rashbrooke On The 2016 Budget

The best label for this year’s announcement by Bill English might be the ‘Bare Minimum Budget’. It does the bare minimum to defuse potential political damage in a range of areas – homelessness and health are prime among them – but almost nothing to address the country’s most deep-rooted, systemic social problems. Indeed the Budget hints that these problems may get worse. More>>

ALSO:

Gordon Campbell: On Bank Scandals (And Air Crashes)

Last month, the Australian Securities and Investment Commission (ASIC) filed proceedings against Westpac over activities that have some distinct echoes of the Libor scandal. More>>

Budget: Health Funding Must Keep Up With Need

NZNO: “The nursing team has been doing more with less for years. It’s getting to the point that we’re really worried about our colleagues, our patients, our jobs and the level of health care available for people in our country." More>>

ALSO:

Emissions Inventory: Time For The Government To Do The Right Thing

It’s time for the National Government to step up and do the right thing to reduce climate pollution as data shows New Zealand’s greenhouse gas emissions are higher than ever, the Green Party said today. More>>

ALSO:

Budget 2016: More Partnership Schools To Open

Seven new schools will join the eight Partnership Schools already open, along with further new schools opening in 2017. “The growth of this policy is a reflection of the high level of interest from educators and community leaders,” Mr Seymour says. More>>

ALSO:

No Correspondence With English: Did Brownlee Make Up Sale Of Navy Ships ‘On The Hoof?’

Having revealed that several Royal New Zealand Navy vessels have not left port in years, New Zealand First is now asking the Minister of Defence to prove he did not come up with the idea of selling HMNZS Taupo and Pukaki until the media asked him. More>>

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news