WCO for Ngaruroro and Clive rivers re-drafted to take submissions into account

The applicants for the Ngaruroro and Clive Rivers Water Conservation Order have changed the draft application to reflect information received during the first stage of hearings last month. PHOTO/FILE

Amendments to the draft application for a Water Conservation Order on the Ngaruroro and Clive rivers may address some of the concerns raised by submitters in relation to the original version released in 2015, a memorandum released last month says.

Over several weeks last year a special tribunal held the first stage of its deliberations on the order that was made by New Zealand Fish & Game, Hawke's Bay Fish & Game, Operation Patiki Ngati Hori ki Kohupatiki, Whitewater New Zealand, Jet Boating New Zealand and New Zealand Forest & Bird.

The original application, which sought environmental protection of the Ngaruroro River and 7km of the Clive River, prompted vehement local opposition, with detractors claiming it could compromise the Hawke's Bay Regional Council-led TANK process.

In light of the first stage evidence from submitters and questioning from the tribunal, as well as the length of time since the first draft was made, the memorandum from the applicants' counsel said the second draft may allay some of the opponents' concerns.

It also took into account new information that showed that the extent of hydraulically connected groundwater to the Ngaruroro River was greater than anyone realised when the order was first prepared.

This included the impact on people with existing water-take consents who wanted to renew them.

"The intent all along has been to not impact on the ability of existing consent holders to obtain new consents on similar terms, on the expiry of existing consents," the memorandum said.

"This applies whether the new consent is effectively replacing like for like, or whether it is a 'global' consent that replaces a whole set of consents."

Where existing takes were subject to minimum flow cut-off, the replacement consents could be granted subject to that same minimum flow, with the regional council through its regional plan and consent process able to determine whether a higher minimum flow should apply.

The allocation limit would not impact existing consents, the memorandum iterated.

"As with the previous draft WCO, the second draft is not permitting such takes, it is simply not prohibiting them. That remains the role of the HBRC to decide on the merits of any application and whether further consents should be granted, and whether that should be on similar terms to the expired consent," the revised draft order said.

The second draft still included environmental bottom lines for the granting of consents for entirely new takes, as was the case with the first draft.

In addition, the memorandum said new evidence for the Department of Conservation had identified the outstanding values of the Kaweka Lakes, and these had now been specifically identified as waters to be retained in a natural state.

In terms of water quality standards for the upper Ngaruroro River, there had also been some amendments to water quality limits, and a number of those had been amended from annual to five-year median limits.

It was expected that before the Stage 2 hearings began a third draft would be compiled taking into account the TANK science and scenario modelling, any TANK recommendations, and any discussion with submitters.

The memorandum said it was standard practice for draft WCOs to be revised through the course of a hearing to respond to matters raised.

On the final day of the first stage hearings last month, tribunal chairman Richard Fowler said the reconvening date for Stage 2 had been delayed from May to July.

He said the break between the stages was "an excellent opportunity" for all involved to collaborate to reach common ground.