Prepared under section 149G of the Resource Management Act 1991

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Key Issues Report for Environmental Protection Authority – Watercare Services Ltd, Waikato River Take, February 2021. Waikato Regional Council.

Key issues report for Watercare Services Limited, Waikato River Take

Prepared under section 149G of the Resource Management Act 1991

Date: 5 February 2021

Report by: Waikato Regional Council (Local Authority)

Prepared for: Environmental Protection Authority (EPA)

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Glossary

AEE (2013) Assessment of Environmental Effects dated December 2013 AEE (2020) Assessment of Environmental Effects dated 11 December 2020

BOI Board of Inquiry

Council Waikato Regional Council (“the Council”) CA Controlled Activity

EPA Environmental Protection Authority

NESFW Resource Management (National Environmental Standards for Freshwater) Regulations 2020

NPS National Policy Statement

NPSET National Policy Statement on Electricity Transmission 2008 NPSFM National Policy Statement for Freshwater Management 2020 NPSUD National Policy Statement on Urban Development 2020

PC1 Proposed Waikato Regional Plan Change 1: Waikato and Waipā River Catchments – Te Panonitanga 1 i te Mahere Ā - Rohe a Waikato e Marohitia Nei: Ngā Riu o Ngā Awa O Waikato me Waipā. (Decisions Version)

Q5 One in five year 7-day low flow RDA Restricted Discretionary Activity RMA Resource Management Act 1991

The Board The Board of Inquiry appointed to hear this proposal.

Waikato CMA Waikato River at the landward boundary of the coastal marine area WRP Waikato Regional Plan

WRPS Waikato Regional Policy Statement WSL Watercare Services Limited

WTP Water Treatment Plant

V&S Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River

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Introduction

Context

1. This report identifies the key issues as it relates to the proposed taking of up to 150,000 cubic metres of water per day on a net take basis from the Waikato River by Watercare Services Limited, as well as the associated intake structure and operational discharges (the Proposal) within the jurisdiction of the Waikato Regional Council (the Council).

2. This report has been prepared by Ms Amy King, Senior Resource Officer; and Mr Cameron King, Principal Consents Advisor – Water, acting as Council Officers under delegated authority for and on behalf of the Council. Ms King has provided input specific to the land use and discharge components of the proposal, and Mr King has provided input specific to the surface water take aspect of the proposal.

3. Due to the specificity of matters related to water takes, the key issues for these are outlined in separate sections for clarity.

4. In preparing this report the application documents (or parts thereof) listed in Appendix 1 have been reviewed. These documents contain background information about the proposal.

5. We adopt the description of the proposed works, unless otherwise commented on in this report.

Scope of report

6. This report has been commissioned by the Environmental Protection Authority (EPA) in accordance with section 149G(3) of the Resource Management Act 1991 (RMA).

7. The focus of this report is on the key issues in relation to the matters concerning the Proposal that includes:

a. any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a regional policy statement or proposed regional policy statement, and a plan or proposed plan; and

b. a statement on whether all required resource consents in relation to the proposal to which the matter relates have been applied for; and

c. if applicable, the activity status of all proposed activities in relation to the matter.

8. This report relates to the matters within the jurisdiction of the Council only.

9. This focus of this report is on the relevant RMA planning instruments.

10. This report does not provide an assessment or evaluation of the merits of the proposal. Nor does it contain any recommendation on whether or not the proposal should be approved or declined.

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Separation of roles

11. The commentary in this report, including any views or opinions of the authors, relate to the Council’s statutory role to report on the key issues in relation to the matters.

12. To avoid doubt, the Council (including council-controlled organisations) may choose to make a formal submission on the proposal, which may or may not advocate for a particular decision.

13. To maintain appropriate separation, the authors of this report will not participate in any Council submission on the Proposal should that transpire.

Proposal Overview

14. The proposal to take water from the Waikato River as well as associated operational discharges and structures are detailed in the application documents. Watercare Services Limited (the applicant) lodged multiple resource consent applications:

a. Water permit (section 14 of the RMA) to take up to 150,000 cubic metres per day from the Waikato River at a rate of up to 3.2 cubic metres per second.

b. Discharge permit (section 15) for discharges associated with the operation of a new

“Waikato A” Water Treatment Plant, including process water, treated water that does not meet New Zealand Drinking Water Standards, and water, air and river material from the backwashing of intake screens.

c. Land use consent (section 9) to for the water intake and discharge structures, and a separate authorisation for construction activities associated with this structure, including installation of a coffer dam.

d. Water permit (section 14) to temporarily dam, divert and take water associated with the coffer dam identified above.

e. Discharge permit (section 15) for water from dewatering behind the coffer dam identified above.

Existing Authorisations and Applications

15. The Waikato Water Treatment Plant (Waikato WTP) has a number of existing authorisations for various aspects of its operation. We detail these in Appendix 4 of this report.

16. The existing authorisations are related to:

a. The existing Waikato WTP, including water takes, discharges and earthworks.

b. The new interim Waikato 50 Water Treatment Plant (Waikato 50 WTP) currently under construction, including earthworks, stream works and discharges. Water to be treated

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in the Waikato 50 WTP will be taken under authorisations listed in the existing Waikato WTP section.

c. Existing treated water main pipeline for construction and discharges.

17. In addition to the existing authorisations, two applications for consent to discharge to water (that are not the subject of this Board of Inquiry (BOI) process) have been received by the Council, one for the existing Waikato WTP and one for the new interim Waikato 50 WTP. These are currently being processed, and are also outlined in Appendix 4.

Key issues – Land use, Diversion and Discharges

18. This section has been prepared by Ms Amy King and will address key issues as they relate to the land use (structures), construction and discharge components of the proposal.

19. We are required to identify the policy provisions relevant to the proposal from policy statements and plans prepared under the RMA. The applicant has identified and discussed relevant provisions in the refreshed proposal documentation:

a. Assessment of Environmental Effects (AEE) (2020), Section 4.2 b. AEE (2020), Section 12.3

20. The following sections initially outline national and regional planning instruments that are relevant to the land use, diversion and discharge aspects of the proposal. Discussion on policy direction relevant to each key theme follows that outline.

The Resource Management (National Environmental Standards for Freshwater) Regulations 2020

21. The Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NESFW) includes the imposition of requirements relating to wetlands and the damming of water (coffer dam).

22. Land disturbance, the taking of water, damming, diversion or discharge of water within or within certain specified setbacks of a natural wetland has prescribed requirements in sections 45, 46 and 54.

23. Section 12.3.3 of the AEE (2020) outlines the applicant’s position that the existing wetland in the adjacent unnamed tributary is not affected by the NESFW as historic modification means it meets the exclusion criteria within the definition of “natural wetland” provided in the National

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Policy Statement for Freshwater Management (2020) (“NPSFM”)¹. The Board may wish to consider if sufficient information has been provided to determine the status of this wetland.

24. The passage of fish where affected by structures is dealt with in subpart 3 of the NESFW.

Information requirements regarding dams are outlined in section 66. Section 69 requires monitoring and maintenance conditions be imposed on consents granted for dams, targeted to the maintenance of the passage of fish. We consider these provisions relevant, insofar as they relate to a temporary coffer dam activity.

National Policy Statement for Freshwater Management 2020

25. The National Policy Statement for Freshwater Management 2020 (NPSFM) is relevant to this proposal. Te Mana o te Wai is fundamental concept underpinning the NPSFM.

26. Many aspects of the NPSFM are of particular relevance to the proposal. This is further signalled in sections below.

National Policy Statement on Urban Development 2020

27. The National Policy Statement on Urban Development 2020 (NPSUD) is relevant to this application. Auckland Council² are a tier 1 local authority³ and the corresponding tier 1 urban environment is identified as Auckland. It is our view that many any of the objectives and policies have relevance, as the proposed activities relate to additional water required to supply the greater Auckland communities, including provision for development and growth. The additional provision of water is an essential component of integrated infrastructure planning to facilitate this growth.

National Policy Statement on Electricity Transmission 2008

28. The National Policy Statement on Electricity Transmission 2008 (NPSET) requires consideration as the site is traversed by the Transpower 22kV “Huntly-Otahuhu A” transmission line. The NPSET seeks to manage potential adverse effects of third-party activities on the electricity transmission network. Therefore, consideration of the potential effects of the activity on the transmission network is required.

1 NPSFM, clause 3.21 Definitions Relating to Wetlands and Rivers

2 WSL is a council-controlled organisation, wholly owned by Auckland Council.

3 Column 2 of Table 1 of the NPSUD.

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Waikato Regional Policy Statement

29. The Waikato Regional Policy Statement (WRPS) is operative.

30. Three Acts of Parliament require that Te Ture Whaimana o Te Awa o Waikato – the Vision and Strategy for the Waikato River (V&S) be deemed, in its entirety, part of the Waikato Regional Policy statement. These are:

• Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010;

• Ngati Tūwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010; and

• Nga Wai o Maniapoto (Waipā River) Act 2012.

31. The V&S is the primary direction-setting document for the Waikato River and activities within its catchment affecting the Waikato River. If there is any inconsistency, the V&S prevails over that part of the Waikato Regional Policy Statement.

32. Objectives and policies specific to the key issues are discussed in sections below.

Waikato Regional Plan

33. The Waikato Regional Plan (WRP) is operative. Objectives and policies specific to the key issues are identified in sections below.

Proposed Waikato Regional Plan Change 1

34. Proposed Waikato Regional Plan Change 1: Waikato and Waipā River Catchments – Te Panonitanga 1 i te Mahere Ā - Rohe a Waikato e Marohitia Nei: Ngā Riu o Ngā Awa O Waikato me Waipā (Decisions Version) (PC1) was notified on 22 October 2016.

35. Subsequent submissions periods and hearings were held. On 22 April 2020 the “Decisions Version” was notified, and this is the current version. Appeals to the Environment Court have been filed against PC1 in its entirety.

36. However, despite the appeals, given the maturity of the planning process, it is our view that the objectives and policies within PC1 can be given considerable (though not full) weight.

37. Although s88A RMA will preserve the proposal’s activity classification, any plan or proposed plan in existence at the time of the hearing will be relevant. The Board may be assisted by an updated set of planning provisions at the time of the hearing if the resolution of any appeal between lodgement and the hearing materially affects the relevant plan provisions.

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38. Information about PC1 appeals is available from the Council’s website⁴ and will be updated as appeals are resolved. In the event the Board would find it useful, Waikato Regional Council could provide an update at the time of the hearing on resolved or outstanding appeals.

Matters of Significance to Māori

39. Māori have a long and special relationship with land and water, and for this proposal particularly the Waikato River and the area surrounding the proposed activity. That special relationship exists with land and water, and strong cultural values result from the ancestral and contemporary use, and guardianship – Kaitiakitanga - of natural resources.

40. Making decisions under the RMA requires consideration of nationally important matters including the relationship of Māori and their culture and traditions with their ancestral lands, water, wāhi tapu, and other taonga,⁵ the principle of Kaitiakitanga,⁶ and taking into account the principles of the Treaty of Waitangi.⁷

41. In this context, the key issue is the impact of the proposal on the physical and cultural environment valued by Māori.

42. The AEE (2020) includes the following information:

a. Section 8.2: Existing Environment – Cultural b. Section 9.3: Effects Assessment – Cultural Effects c. Section 11: Consultation

d. Section 12.3.6: Section 104 Assessment – Te Ture Whaimana o te Awa o Waikato Regional Council

e. Section 12.3.11: Section 104 Assessment – Other Matters – Tai Tumu, Tai Pari, Tai Ao – Waikato Tainui Environmental Plan

43. The people best placed to identify the proposal’s impacts on the physical and cultural environment value by Māori, are Māori, particularly Mana Whenua who have that special relationship to the project area. Part 2 of the RMA, and associated planning instruments provide guidance for applicants, submitters and decision-makers.

4 https://www.waikatoregion.govt.nz/council/policy-and-plans/healthy-rivers-plan-for-change/

5 Section 6(e) RMA 1991.

6 Section 7(a) RMA 1991.

7 Section 8 RMA 1991.

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44. Places and features of the physical environments valued by Māori at this location include:

• The Waikato River, a tūpuna (ancestor), a taonga (treasure) and the mauri (life force) to Mana Whenua.

• The rock platform at the mouth of the unnamed tributary of the Waikato River upstream of the intake/discharge location, which we understand is considered wāhi tapu by Mana Whenua.

45. The application details past and ongoing consultation in section 11 of the AEE (2020). A number of Trusts, boards, hapū and marae who were engaged with in the original 2013 application development are identified. The continued update process via the Mana Whenua Managers Kaitiaki Forum is also outlined, as well as ongoing consultation with parties who have expressed a particular interest in the project.

46. The special relationship of Māori with natural environments is consistently recognised, and responsive decision-making enabled through the cascade of RMA policy instruments. We outline relevant policy provision addressing Māori values in the following paragraphs.

47. The NPSFM introduces Te Mana o te Wai, including the protection of the mauri of the wai, and of importance for the relationship of Māori, the principles of Mana Whakahaere, Kaitiakitanga and Manaakitanga. Policy 2 requires that “tangata whenua are actively involved in freshwater management (including decision-making processes), and Māori freshwater values are identified and provided for”.

48. The NPSUD, while focussed on urban planning, further reaffirms the requirement for local authorities to give effect to the principles of the Treaty of Waikato (Te Tiriti o Waitangi) in Policy 9.

49. The WRPS including the V&S includes a number of objectives and policies of relevance when considering the impact on and participation of Māori and Māori Values. Of particular relevance are:

a. Issue 1.5: Relationship of tangata whenua with the environment (te taiao).

b. Section 2: Te Ture Whaimana o Te Awa o Waikato – Vision and Strategy for the Waikato River, particularly objectives b, c, d, e, j, l and m and strategies a, b, c, e, f, g, h and j. The applicant details their assessment in section 12.3.6 of the AEE (2020), including discussion of each objective and strategy within the V&S.

c. Objective 3.3: Decision making, in particular that resource management decision making is holistic and consistent and (j) including working with tangata whenua.

d. Objective 3.9: Relationship of tangata whenua with the environment.

e. Objective 3.14: Mauri and values of fresh water bodies.

f. Objective 3.18: Historic and cultural heritage.

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g. Policy 4.3: Tangata whenua, in particular 4.3.2 tangata whenua involvement and 4.3.3 Kaitiakitanga.

h. Policy 8.1: Approach to identifying fresh water body values and managing fresh water bodies, including 8.1.6: Tangata whenua involvement.

i. Policy 8.5: Waikato River catchment, including 8.5.2: Joint management approach.

j. Policy 10.1: Managing historic and cultural heritage.

k. Policy 10.2: Relationship of Māori to taonga.

50. The WRP also contains a number of relevant objectives and policies, the pertinent ones including:

a. Section 1.2: Approaches to Resource Management. Policy 10: Consultation with Tangata Whenua.

b. Section 2: Matters of Significance to Māori. Including Section 2.2.3: Waikato Tainui and 2.3.3: Tangata Whenua Relationship with Natural and Physical Resources, Policy 1:

Processes for Defining Relationship, and Policy 2: Increase awareness.

c. Section 3.1: Water Resources. Issue 3.1.1 (h) and (i) relating to the relationship of tangata whenua, the mauri of water and impacts on the mana of Kaitiaki. Objective 3.1.2 (i)and (j) relating to the relationship tangata whenua as Kaitiaki have with water.

d. Section 3.5: Discharges. Policy 6: Tangata Whenua Uses and Values.

e. Section 3.6: Damming and Diverting. Policy 3: Tangata Whenua Uses and Values.

f. Section 4.1: River and Lake Bed Management. Tangata Whenua.

g. Section 4.2: River and Lake Bed Structures. Objective 4.2.2 (g) and (h) relating to the effects of structures on the relationship tangata whenua have as kaitiaki with identified taonga.

h. Section 8.1: Assessment Criteria and Information Requirements. 8.1.1 General Information Requirements for all Applications – clauses (g) and (i): requiring application for resource consent to include a record of consultation with tangata whenua and an indication of any actual or potential effects on tangata whenua.

51. The Decisions Version of PC1 has been appealed as detailed in paragraph 35 of this report.

This proposed plan contains Objective 4/Te Whāinga 4 requiring tangata whenua values be integrated into the management of rivers and other water bodies within the Waikato and Waipā River catchments.

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River Bed, Water Quality and Ecology Matters

52. The proposal includes the following activities that have the potential to impact on the bed of the Waikato River, water quality and ecology:

a. Water treatment plant discharges: process and off-spec water discharge;

b. Discharge associated with backwashing the intake screen; and

c. Construction of intake structure, including coffer dam installation, dewatering of area within coffer dam, possible pile driving or tunnel boring (dependent on final methodology).

53. The AEE (2020) includes the following information:

a. Section 8.7: Waikato River Ecology;

b. Section 9.4: Construction Effects, including Table 13;

c. Section 9.6: Ecological Effects, including Table 15;

d. Section 10: Monitoring; and

e. Appendix 3: River Ecology Assessment.

54. We consider that the statutory documents as outlined in paragraphs below are particularly relevant to the assessment of the proposal’s effect on water quality and ecology.

55. The NPSFM focusses on the concept of Te Mana o te Wai, and within its hierarchy of obligations, the first priority is the health and well-being of water bodies and freshwater ecosystems (section 1.3 (5)). This is further reflected in Objective 2.1. Additionally, of relevance are:

a. Policy 1 (give effect to Te Mana o te Wai);

b. Policy 5 (National Objectives Framework (NOF));

c. Policy 7 (loss of river extent and values is avoided to extent practicable);

d. Policy 9 (habitats of indigenous freshwater species are protected);

e. Policy 12 (achievement of national target for water quality improvement); and

f. Policy 13 (action taken where freshwater is degraded to reverse deteriorating trends).

56. Regional Councils are required by the NPSFM to set long-term visions for water bodies based on identified Freshwater Management Units (FMU) (sections 3.8 – 3.9). This is set out in Subpart 2 – National Objectives Framework. Compulsory values are listed in NPSFM Appendix 1A: ecosystem health, human contact, mahinga kai, and threatened species. In some cases, other values listed in NPSFM Appendix 1B may also apply. Target attribute states are also

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included in Appendices 2A (requiring limits) and 2B (requiring action plans) (sections 3.10 - 3.15).

57. As the updated NPSFM was released in 2020, review of, and any subsequent changes to, regional policy instruments to implement these requirements is not yet complete. However, for the Waikato River catchment, the provisions within both the V&S and PC1 do seek long-term and progressive improvements in water quality parameters as will be outlined below.

58. The WRPS including the V&S includes a number of objectives and policies of relevance when considering the effects on water quality and ecology. Of particular relevance are:

a. Issue 1.1: State of Resources;

b. Issue 1.6: Health and wellbeing of the Waikato River catchment;

c. Section 2: Te Ture Whaimana o Te Awa o Waikato – Vision and Strategy for the Waikato River, particularly objectives a, e, f g, h, I, j and k and strategies d, i and k. The applicant details their assessment in section 12.3.6 of the AEE (2020), including discussion of each objective and strategy within the V&S;

d. Objective 3.1: Integrated management;

e. Objective 3.3: Decision making, in particular (d) precautionary approach, (e) transparent and (f) has regard to the potential for cumulative effects;

f. Objective 3.4: Health and Wellbeing of the Waikato River;

g. Objective 3.8: Ecosystem services;

h. Objective 3.14: Mauri and values of fresh water bodies;

i. Objective 3.19: Ecological integrity and indigenous biodiversity;

j. Objective 3.21: Amenity;

k. Objective 3.22: Natural Character;

l. Policy 4.1: Integrated approach;

m. Policy 8.3: All fresh water bodies;

n. Policy 8.4: Catchment-based intervention;

o. Policy 8.5: Waikato River catchment;

p. Policy 11.1: Maintain or enhance indigenous biodiversity;

q. Policy 11.2: Protect significant indigenous vegetation and significant habitats of indigenous fauna; and

r. Policy 12.2 Preserve natural character.

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59. The WRP also contains a number of relevant objectives and policies, those of significance including:

a. Section 3.1: Water Resources. Issue 3.1.1, particularly (a) and (e). Objective 3.1.2 - especially (b) net improvement of water quality, (c) adverse effects on aquatic ecosystems, and (f) protection of uses of surface water;

b. Section 3.2: Management of Water Resources. At the location of the proposal, the Waikato River is classified as Waikato Regional Surface Water Class, Contact Recreation Water Class and Fishery Class. As such the water management classification identifying the purpose and approaches (including standards) are set out within the section and following policies: Policy 1: Management of Water Bodies, Policy 2: Managing degraded Water Bodies, Policy 4: Waikato Region Surface Water Class, Policy 6: Contact Recreation Water Class, Policy 7: Fishery Class, Policy 8:

Reasonable Mixing;

c. Section 3.5: Discharges. Objective 3.5.2. Policy 2: Managing Discharges to Water with more than Minor Adverse Effects;

d. Section 3.6: Damming and Diverting. Issue 3.6.1. Objective 3.6.2. Policy 2: Damming and Diverting of Water in Perennial Water Bodies;

e. Section 4.1: River and Lake Bed Management. Adverse Effects of Activities;

f. Section 4.2: River and Lake Bed Structures. Issue 4.2.1. Objective 4.2.2. Policy 2:

Management of Structures;

g. Section 4.3: River and Lake Bed Disturbances. Issue 4.3.1: Issue 1. Objective 4.3.2.

Policy 1: Bed and Bank Alterations and Extraction of Sand, Gravel and Other Bed Material; and

h. Section 8.1: Assessment Criteria and Information Requirements. 8.1.1 General Information Requirements for all Applications. 8.1.2.5 Discharges, 8.1.2.6: Damming of Water, 8.1.2.7: Diverting of Water, 8.1.3.1: The Use, Erection, Placement, Extension, Alteration or Reconstruction of a Structure In, On, Under or Over the Bed of a River or Lake. 8.1.3.4: The Disturbance of a River Bed including that for maintenance of Structures and Flood/Drainage Control Schemes and Sand and Gravel Extraction.

60. The Decisions Version of PC1 has been appealed as detailed in paragraph 35 of this report.

The proposal is located within the Lower Waikato River Freshwater Management Unit (FMU) boundary as defined by PC1 (Map 3.11-1). The sub-catchment identifier is Waikato at Tuakau Br (#4) (Map 3.11-2). Sediment is identified as the priority contaminant in this sub-catchment (Table 3.11-2).

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61. The proposed plan includes:

a. Objective 1/Te Whāinga 1, relating to the effects of nitrogen, phosphorus, sediment and microbial pathogens;

b. Objective 2/Te Whāinga 2 (Freshwater Objective/Te Whāinga Wai Māori), regarding progressive restoration over the life of the Plan;

c. Objective 3/Te Whāinga 3, regarding staged reductions;

d. Policy 11/Te Kaupapa Here 11, considerations for point source discharges and regionally significant infrastructure;

e. Policy 12/Te Kaupapa Here 12, for point source discharges, the adoption of the Best Practicable Option and how to deal with residual adverse effects;

f. Policy 13/Te Kaupapa Here 13, relating to point source discharges of nitrogen, phosphorus, sediment or microbial pathogens, consideration of contribution to catchment loads and progression toward short- and long-term attribute states;

g. Policy 14/Te Kaupapa Here 14: related to duration;

h. Policy 19/Te Kaupapa Here 19: related to Te Ture Whaimana o Te Awa o Waikato, including enhancement of biodiversity and functioning of ecosystems and

i. Table 3.11-1 sets short-term numeric water quality values for each FMU and seeks that these parameters are met no later than 10 years after the plan is operative. Of the parameters included, suspended solids is the only parameter contained within the proposed discharges. The short-term attribute state target for clarity (the relevant measure for suspended solids) is to improve from 0.35 m to 0.48 m (10th%ile), with an 80-year attribute state target of 1 m.

Infrastructure

62. The applicant, WSL, is a council-controlled organisation wholly owned by Auckland Council.

The operation of the existing Waikato WTP and the continued operation of municipal water supply to the wider Auckland area is considered Regionally Significant Infrastructure, as will be outlined below. The applicant has provided their assessment of current and future water supply needs in Section 5 if the AEE (2020) and further provides alternative supply assessments in Section 6 (AEE, 2020) and various supporting documents included with the application, including various water source options assessments (as listed in Appendix 1 to this report).

63. The importance of such significant infrastructure runs through all tiers of planning instruments.

There exists, at times, a tension between the provision of infrastructure necessary to support current and future community needs, and the adverse effects that may result from the activities.

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The following paragraphs will outline various national and regional planning provisions of particular relevance.

64. The Waikato WTP meets the NESFW and NPSFM definition of “specified infrastructure” as it is both delivering a service operating by a lifeline utility, as well as being identified as regionally significant infrastructure in the WRPS (NPSFM subpart 3.21: Definitions relating to wetlands and rivers). However, we note that the provisions whereby the status of “specified infrastructure” has bearing relates only to natural wetlands, for which the applicant states there is no relevance (refer para 23 above).

65. Objectives 1, 2 and 3 of the NPSUD have particular relevance to the applications, as they relate to the provision of essential water supplies for the development and ongoing supply New Zealand’s largest metropolitan centre.

66. Within the WRPS, the Waikato WTP is defined as “Regionally Significant Infrastructure” and we note there is no differentiation as to whether any population supplied by this infrastructure is located within the Waikato Region. There are a number of objectives and policies of relevance:

a. Issue 1.4: Managing the built environment, particularly matters c, d, j, k and l;

b. Objective 3.2: Resource use and development, particularly clause e, the availability of water for municipal and domestic supply to people and communities;

c. Objective 3.12: Built environment, especially clause e, recognising and protecting the value and long-term benefits of regionally significant infrastructure;

d. Policy 6.3: Co-ordinating growth and infrastructure; and e. Policy 6.6: Significant infrastructure and energy resources.

67. The WRP includes the following objectives and policies of particular relevance:

a. Section 1.2: Approaches to Resource Management. Objective 3;

b. Section 3.1: Water Resources. Objective 3.1.2 (p); and

c. Section 3.2: Management of Water Resources. Section 3.2.3 Policy 1.

68. The Decisions Version of PC1 has been appealed as detailed in paragraph 35 of this report. It contains the following policies of particular relevance:

a. Policy 11/Te Kaupapa Here 11 – Point source discharges – provide for the continued operation and development of regionally significant infrastructure and regionally significant industry; and

b. Policy 14/Te Kaupapa Here 14 – Point source discharges – duration.

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Key issues – Surface Water Take

69. This section has been prepared by Mr Cameron King and will identify key issues as they relate to the surface water take activity of the proposal.

Resource Management (National Environmental Standards for Freshwater) Regulations 2020

70. As noted at paragraph 23, the Board may wish to consider if sufficient information has been provided to determine the wetland status in terms of the NESFW for an existing wetland in the unnamed tributary adjacent to the proposed surface water take location.

71. In the event that the Board considers that the wetland meets the natural wetland definition, one of the following NESFW provisions will be relevant to the proposed surface water take activity:

a. Regulation 46 Permitted activities under Maintenance and operation of specified infrastructure and other infrastructure;

b. Regulation 47 Restricted discretionary activities under Maintenance and operation of specified infrastructure and other infrastructure;

c. Regulation 54 Non-complying activities under Other activities.

72. If the wetland does not qualify as a natural wetland the regulations do not apply.

Resource Management (Measurement and Reporting of Water Takes) Regulations 2010

73. The surface water take activity for municipal supply purposes is affected by the regulations.

Under other surface water take consents granted by Council and held by the applicant, the current practice for measuring and reporting water taken accords with the regulations. The applicant has indicated that it will continue this practice with the proposed activity.

74. The surface water take activity associated with dewatering and the coffer dam is non- consumptive in terms of regulation 4(2) so the regulations do not apply.

National Policy Statement for Freshwater Management 2020

75. As previously stated, the NPSFM has Te Mana o te Wai as its fundamental concept.

76. NPSFM provisions considered relevant to the proposed surface water take activity are as follows:

a. 2.1 Objective;

b. 2.2 Policy 1: Freshwater is managed in a way that gives effect to Te Mana o te Wai;

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c. 2.2 Policy 2: Tangata whenua are actively involved in freshwater management (including decision making processes), and Maori freshwater values are identified and provided for;

d. 2.2 Policy 7: The loss of river extent and values is avoided to the extent practicable;

e. 2.2 Policy 9: The habitats of indigenous freshwater species are protected;

f. 2.2 Policy 10: The habitat of trout and salmon is protected, insofar as this is consistent with Policy 9;

g. 2.2 Policy 11: Freshwater is allocated and used efficiently, all existing over-allocation is phased out, and future over-allocation is avoided;

h. 2.2 Policy 15: Communities are enabled to provide for their social, economic, and cultural wellbeing in a way that is consistent with this National Policy Statement;

i. 3.2 Te Mana o Te Wai;

j. 3.4 Tangata whenua involvement;

k. 3.5 Integrated management;

l. 3.17 Identifying take limits;

m. 3.24 Rivers.

77. In the event that the Board considers that the wetland referred to in paragraph 23 meets the natural wetland definition the following NPSFM provisions be will also be relevant to the proposed surface water take activity:

a. 2.2 Policy 6: There is no further loss of extent of natural inland wetlands, their values are protected, and their restoration is promoted; and

b. 3.22 Natural inland wetlands.

Waikato Regional Policy Statement

78. WRPS provisions considered relevant to the proposed surface water take activity are as follows:

a. Issue 1.1 State of resources;

b. Issue 1.5 Relationship of tangata whenua with the environment (te taiao);

c. Issue 1.6 Health and wellbeing of the Waikato River catchment;

d. 2.5 Vision and Strategy for the Waikato River;

e. 3.1 Integrated management;

f. 3.2 Resource use and development;

g. 3.3 Decision making;

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h. 3.4 Health and wellbeing of the Waikato River;

i. 3.8 Ecosystem services;

j. 3.9 Relationship of tangata whenua with the environment;

k. 3.10 Sustainable and efficient use of resources;

l. 3.14 Mauri and values of fresh water bodies;

m. 3.15 Allocation and use of fresh water;

n. 3.19 Ecological integrity and indigenous biodiversity;

o. Policy 4.1 Integrated approach;

p. Policy 4.3 Tangata whenua;

q. Policy 8.1 Approach to identifying fresh water body values and managing fresh water bodies;

r. Policy 8.3 All fresh water bodies;

s. Policy 8.5 Waikato River catchment;

t. Policy 8.6 Allocating fresh water;

u. Policy 8.7 Efficient use of fresh water.

Waikato Regional Plan

79. WRP provisions considered relevant to the proposed surface water take are as follows:

a. 3.1.2 Objective;

b. 3.2.3 Policy 1: Management of Water Bodies;

c. 3.2.3 Policy 4: Waikato Region Surface Water Class;

d. 3.2.3 Policy 7: Fishery Class;

e. 3.2.4.1 Water Management Classes;

f. 3.2.4.2 Waikato Region Surface Water Class Standards;

g. 3.2.4.5 Fishery Class;

h. 3.3.2 Objective;

i. 3.3.3 Policy 1: Establish Allocable and Minimum Flows for Surface Water;

j. 3.3.3 Policy 2: Determining the level of minimum flows, primary, secondary and water harvesting allocable flows;

k. 3.3.3 Policy 3: Determining the combined level of surface water allocation within a catchment;

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l. 3.3.3 Policy 8: How Surface Water Takes Will Be Classified in Catchments that do not Exceed the Table 3-5 Allocable Flows;

m. 3.3.3 Policy 9: How Surface Water Takes for Domestic or Municipal Supply Will Be Classified;

n. 3.3.3 Policy 11: Consent Application Assessment Criteria – Surface Water;

o. 3.3.3 Policy 15: Consent Duration for the Taking of Water;

p. 3.3.3 Policy 16: Water Take Recording and Reporting;

q. 3.3.3 Policy 17: Water Shortage Conditions;

r. 3.3.3 Policy 18: Levels of Priority to Apply During Water Shortages;

s. Table 3-4A: Catchment Investigation Dates;

t. 3.3.4.11 Conditions relating to Water Management Plans;

u. 3.3.4.21 Restricted Discretionary Activity Rule – The Taking of Surface Water;

v. 3.3.4.27 Standard - How Water Shortage Restrictions Shall Apply;

w. Table 3-5: Allocable Flows for Surface Water;

x. 3.4.3 Policy 1: Manage the Use of Water;

y. 3.4.3 Policy 2: Efficient Use of Water;

z. 3.4.5.4 Permitted Activity Rule – Use of Water;

aa. 8.1.2.2 Water Management Plans.

Allocation Summary and Primary Allocable Flow

80. Owing to it representing both the first and ultimate downstream river reach affected by the proposed surface water take, there is one catchment relevant to the proposed surface water take, namely Waikato River at the landward boundary of the coastal marine area (Waikato CMA).

81. The current ‘benchmark’ one in five year 7-day low flow (Q5) for Waikato CMA is 187.93 cubic metres per second.

82. As per WRP Table 3-5 Allocable Flows for Surface Water, the primary allocable flow is 10 percent of Q5 which in this case is 18.793 cubic metres per second. The WRP does not provide for a secondary allocable flow for Waikato CMA.

83. As per WRP 3.3.3 Policy 8: How Surface Water Takes Will Be Classified in Catchments that do not Exceed the Table 3-5 Allocable Flows:

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• the controlled activity (CA) domain is equal to or less than 70 percent of the primary allocable flow, so the threshold value is 13.155 cubic metres per second; and

• the restricted discretionary activity (RDA) domain is greater than 70 percent of the primary allocable flow up to and including 100 percent of the primary allocable flow.

84. As per WRP 3.3.3 Policy 3: Determining the combined level of surface water allocation within a catchment, the cumulative level of allocation for Waikato CMA needs to be considered for each month of the year.

85. The maximum daily net take volume expressed as an average rate over 24 hours is the value used by Council for Waikato CMA water accounting purposes re the cumulative level of allocation.

86. The 150,000 cubic metre maximum daily net take volume proposed to be taken by the applicant across all months of the year is equivalent to ca. 1.736 cubic metres per second as an average rate over 24 hours.

87. In terms of all applications to take water from various locations throughout Waikato CMA that were lodged prior to this application, the cumulative level of allocation being sought across all applications varies across the months of the year.

88. A breakdown by month for Waikato CMA, as at 3 February 2021, of the:

• cumulative level of allocation;

• cumulative level of allocation that would result in the event of a grant of this application;

• cumulative level of allocation that would result in the event of a grant of this application and all applications lodged prior to this application; and

• amount of allocation that would remain available within the primary allocable flow in the event of a grant of this application and all applications lodged prior to this application;

is set out in the table below.

cumulative level of allocation

cumulative level of allocation that would result in the event of a grant of this application

cumulative level of allocation that would result in the event of a grant of this application and all applications lodged prior to this application

amount of allocation that would remain available within the primary allocable flow in the event of a grant of this application and all applications lodged prior to this application

cubic metres per second

January 15.552 17.288 18.576 0.217

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February 15.552 17.288 18.576 0.217

March 15.544 17.280 18.568 0.225

April 15.305 17.041 18.329 0.464

May 11.190 12.926 13.392 5.401

June 11.100 12.836 13.301 5.492

July 11.043 12.779 13.244 5.549

August 11.095 12.831 13.297 5.496

September 12.756 14.492 14.958 3.835

October 13.812 15.548 16.836 1.957

November 15.358 17.094 18.383 0.410

December 15.536 17.272 18.560 0.233

Table 1: Allocation Summary for Waikato CMA as at 3 February 2021

89. In the event of a grant of this application, the cumulative level of allocation will increase across all months of the year, with water remaining available for allocation in the CA domain for the months May, June, July and August and in the RDA domain for all other months.

90. As per WRP 3.3.3 Policy 3: Determining the combined level of surface water allocation within a catchment, the most onerous activity classification applies so the surface water take activity is provided for by WRP 3.3.4.21 Restricted Discretionary Activity Rule – The Taking of Surface Water.

91. In the event of a grant of this application and all applications lodged prior to this application the cumulative level of allocation will increase across all months of the year, with water remaining available for allocation within the RDA domain across all months of the year. This is particularly important for two reasons.

92. First, it means that all applications lodged prior to this application will not in any way be negatively impacted in terms of having access to the Waikato CMA primary allocable flow in the event of a grant of this application.

93. Second, given the nexus between these key WRP provisions:

• 3.3.3 Policy 1: Establish Allocable and Minimum Flows for Surface Water;

• 3.3.3 Policy 2: Determining the level of minimum flows, primary, secondary and water harvesting allocable flows; and

• glossary definition of minimum flow;

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it means that in the event that all applications including this one are granted, the inevitable result is that the cumulative level of allocation for Waikato CMA will:

• continue to provide a high level of reliability for allocated water; and

• remain in an acceptable state with respect to all of the matters set out in WRP 3.3.3 Policy 1: Establish Allocable and Minimum Flows for Surface Water.

94. The dewatering take associated with the coffer dam component is non-consumptive and will not increase the cumulative level of allocation in the event of a grant. It is also provided for by WRP 3.3.4.21 Restricted Discretionary Activity Rule – The Taking of Surface Water.

Suggested Consent Conditions for the Surface Water Take Activity for Municipal Supply Purposes

95. A suite of suggested consent conditions for the surface water take activity for municipal supply purposes is set out in Appendix 3.

96. The suggested conditions are not being recommended by Council and should not be taken as a signal that Council is in any way advocating for a particular outcome in respect of the application.

97. Instead, the intention is to provide some insight into Council practice with respect to conditions for relatively contemporary surface water takes, including the two surface water take consents 141825 and 142090 granted to the applicant in 2020. The Council considers it is important to provide this insight because it informs the application process and participants of what might be required in terms of consistency with current Council practice and surface water takes.

98. The suggested conditions reflect the following scenario:

a. The surface water take for municipal supply is granted as per the take quanta proposed in the application for a 35 year term.

b. The timely surrender of surface water take consents 141825 and 142090 and the ‘linking’ to surface water take consent 960089 is provided for to cap the daily net take volume ‘footprint’

across the consent and consent 960089 at 300,000 cubic metres.

c. The applicant is obliged to establish the Trust it has proposed for facilitating the protection and promotion of the health and wellbeing of the Waikato River.

d. Water is only allowed to be taken at three relatively proximal but specific locations associated with the current intake structure, an intake structure associated with the Waikato A water treatment plant and an intake structure associated with the Waikato 50 water treatment plant. Intake structure operation and screening is required to provide for a low risk of entrainment when water is being taken.

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e. The instantaneous take rate across the consent and 960089 is capped at 5.65 cubic metres per second.

f. During water shortage conditions as indicated by low flow conditions at Rangiriri – the sentinel Council flow site for the lower Waikato River – the average daily net take volume across any two-day period is capped at 127,500 cubic metres – a 15 percent reduction from 150,000 cubic metres – to reflect the requirements of WRP 3.3.3 Policy 17: Water Shortage Conditions, WRP 3.3.3 Policy 18: Levels of Priority to Apply During Water Shortages and WRP 3.3.4.27 Standard - How Water Shortage Restrictions Shall Apply.

g. The means for certainty with respect to monitoring and compliance assessment of the various take limits is provided for by ensuring that:

o all relevant take, discharge and treated water flows are accurately and continuously measured;

o the calculation of daily net take volume is clearly defined;

o the apportioning of daily net take volume between this consent and consent 960089 is clearly defined; and

o all relevant data is reported to Council by telemetry.

h. The water management plan is required to be updated on a five yearly basis over the term of the consent.

i. Review opportunities under section 128 of the RMA are also on a five yearly basis, with these providing for addressing:

o adverse effects;

o deficient monitoring;

o alignment with changes to the V&S; and o take quanta reduction.

j. Additional review opportunities driven off the relevant catchment investigation dates are in place to take account of any change to the WRP being notified as a consequence of a catchment investigation in terms of WRP 3.3.4.9 Review Allocable Flows/Sustainable Yields.

Resource consents required

99. We consider that all required resource consents in relation to the proposal to which the matter relates have been applied for.

100. We note that consents for the construction of the new Waikato “A” WTP, new pipeline and reservoirs are not being sought as part of the applications currently before the BOI. This is

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common practice, to await the decision on the substantive activity applications prior to undertaking the detailed design work required for such “enabling” consent applications.

101. In our opinion, it is not necessary for any further applications for resource consents prior to notification as they are not required to enable a full understanding of the Proposal.

Activity status

102. The applicant has outlined the consents applied for and the activity status in Table 4 of the AEE (2020). This correctly identifies the overall activity status of all proposed activities requiring resource consent. Under a ‘bundling’ approach, if this is the appropriate course to follow, the overall proposal would be considered a discretionary activity.

103. However, we note that if it was determined that the wetland of interest meets the ‘natural wetland’ definition and that a non-complying activity has come into play, the overall proposal would become non-complying if bundling is considered to be the appropriate course to follow.

Summary

104. In this key issues report we have focussed on the most relevant RMA planning instruments and their provisions. A wide range of policy provisions are relevant due to the nature of the proposal. Tensions arise between the policy thrust of individual themes.

105. The Waikato WTP and subsequent water supplied can be considered regionally significant infrastructure, important for the current and future social, economic and cultural wellbeing of Auckland. As such, it is afforded recognition in the policies identified in paras 64 to 68 of this report.

106. However, tensions can exist between authorising such infrastructure with its localised effects (particularly in sensitive or highly valued locations) against its enabling characteristics that can support economic activity or general quality of life. A balancing of factors is necessary.

107. We do not consider that further information is required but the Board may wish to consider the status of the wetland as discussed in section 23.

108. We do not provide recommendations on substantive decision-making.

109. We confirm that we can comply with the Code of Conduct for an Expert Witness and have no known conflicts of interest. We can be available for expert conferencing and questioning or cross-examination at the hearing, if required.

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---

Report Prepared by Cameron King, Principal Consents Advisor - Water Signed for and on behalf of Waikato Regional Council

--- Report prepared by Amy King, Senior Resource Officer Signed for and on behalf of Waikato Regional Council

---

Report approved by Amy Robinson, Manager, Regional Consents Signed for and on behalf of Waikato Regional Council

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Appendix 1: Application documents reviewed

Documents reviewed 2020 Documents

Cover letter from Watercare Services Limited to EPA “Re: Waikato River Water Take and Discharge Proposal – Board of Inquiry”. Dated 11^th December 2020.

Watercare Services Limited. Proposed Waikato River Take. Resource Consent Applications and Assessment of Environmental Effects. 11 December 2020.

Including Appendix A – Water Management Plan

Tonkin & Taylor Ltd. Waikato River Water Take and Discharge Proposal – Board of Inquiry: River Hydrology Assessment. December 2020

Tonkin& Taylor Ltd. Waikato River Water Take and Discharge Proposal – Board of Inquiry: River Ecology Assessment. December 2020

R.J. Keller & Associates. Waikato River Water Take Proposal – Lower Waikato River Bathymetry Assessment: Changes Consequent to Development. December 2020

Dr Brent Wheeler. Waikato River Water Take Proposal – Board of Inquiry: Economic Assessment.

December 2020

Beca Limited & Tonkin + Taylor Limited. Water Source Alternative Options Assessment for the Metropolitan Supply: Demand forecast – 2020 Update. 8 December 2020

Beca Limited & Tonkin + Taylor Limited. Water Source Alternative Options Assessment for the Metropolitan Supply: Outage, headroom and the supply / demand balance – 2020 Update. 9 December 2020

Beca Limited. Water Source Alternative Options Assessment for the Metropolitan Supply: Waikato River Refresh Application– 2020 Update. 11 December 2020

Beca Limited. Water Source Alternative Options Assessment for the Metropolitan Supply: Onehunga Source Enhancement. 9 December 2020

Tonkin & Taylor Limited. Water Source Options Assessment for Metropolitan Supply: Report on option to increase water supply by raising existing dams. December 2020

Beca Limited. Water Source Alternative Options Assessment for the Metropolitan Supply: Rainwater Tanks Concept Report. 9 December 2020

Beca Limited. Water Source Alternative Options Assessment for the Metropolitan Supply: Waikato A WTP Concept Report. 8 December 2020

Beca Limited. Water Source Alternative Options Assessment for the Metropolitan Supply: Purified Recycled Water Scheme Concept Report. 8 December 2020

Beca Limited. Water Source Alternative Options Assessment for the Metropolitan Supply: Desalination Scheme Concept Report. 8 December 2020

GHD Limited. Watercare Services Ltd: Waikato River Water Take and Discharge Proposal: Water Intake Feasibility Report. December 2020.

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2013 Documents

Watercare Services Limited. Proposed Waikato River Take: Resource Consent Applications and Assessment of Environmental Effects. December 2013

Including Appendices One (Auckland Water Management Plan) and Two (Correspondence from Winstone Aggregates and Auckland/Waikato Fish & Game Council)

Forms included with the above document – received December 2013.

Application for Resource Consent Form A – Administration

Form B – Surface water take and use

Water use efficiency checklist for resource consent applications Form B – Damming and diversion of water

Form B – Land use projects

Form B – Bridge, culvert or other instream works Form B – Discharge of liquid waste

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Appendix 2: Omitted or irrelevant planning provisions

National Environmental Standards

Resource Management (National Environmental Standard for Sources of Human Drinking Water) Regulations 2007.

Comment:

Irrelevant

There are no registered drinking water supplies downstream of the proposal location. Therefore, this NES does not apply.

Locations of registered drinking water supplies within 20 km of the proposal is provided below in figure A3-1

Figure A2-1. Locations of Drinking Water Supplies 500+ population. Red Dot is groundwater take.

Black dot denotes surface water take.

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Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009

While the site is traversed by the Transpower 22kV “Huntly-Otahuhu A” transmission line, the NES applies to activities undertaken for operation of electrical services and as such the NES does not apply to this activity.

National Policy Statement for Renewable Electricity Generation 2011

Irrelevant for all activities as does not affect the Hydro electricity generation on the Waikato River.

New Zealand Coastal Policy Statement 2010 Irrelevant for all activities.

Tai Tumu, Tai Pari, Tai Ao – Waikato Tainui Environmental Plan

Out of scope for a s149(G) RMA report.

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Appendix 3: Suggested conditions for the surface water take activity for municipal supply purposes

1. This consent must not be given effect to unless the consent holder has surrendered in whole, pursuant to section 138 of the Resource Management Act 1991, consents 141825 and 142090.

2. Within the period of five working days from the commencement of this consent the consent holder must give written notice to Waikato Regional Council (“Council”) of the surrender in whole of the consents specified in condition 1.

3. Within six months of the commencement of this consent, the consent holder must establish a trust, on terms to be agreed between the consent holder and Te Whakakitenga o Waikato Incorporated, whose purpose is to protect and promote the health and wellbeing of the Waikato River.

4. The water taken pursuant to this consent must only be used for municipal supply purposes.

5. Water may be taken concurrently and must only be taken via lawfully established intake structures at the following locations:

(1) NZTM 1776957 E 5872040 N;

(2) four metres immediately downstream of NZTM 1776957 E 5872040 N;

(3) NZTM 1776988 E 5872013 N.

6. The instantaneous take rate pursuant to this consent must not exceed 3.2 cubic metres per second.

7. The total combined instantaneous take rate pursuant to this consent and consent 960089 must not exceed 5.65 cubic metres per second.

8. The daily net take volume pursuant to this consent must not exceed 150,000 cubic metres.

9. The daily net take volume pursuant to this consent is:

(1) the daily take volume from the Waikato River pursuant to this consent minus any contemporaneous lawful daily discharge volume into the Waikato River from the current or any future configuration of the Waikato River Water Treatment Plant complex (“WTP complex”) that is relied upon to establish the daily net take volume pursuant to this consent.

(2) manifested as either a part volume or the whole volume supplied on any given day into the consent holder’s bulk water network from the current or any future configuration of the WTP complex.

10. When the Waikato River seven day rolling average flow at Rangiriri (Council site number 1131.117, map reference NZTM 1788389 E 5855059 N) is less than 163.53 cubic metres per second for ten or more consecutive days, the average daily net take volume across any consecutive two-day period pursuant to this consent must not exceed 127,500 cubic metres.

11. The total combined daily net take volume pursuant to this consent and consent 960089 must not exceed 300,000 cubic metres.

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12. The total combined daily net take volume pursuant to this consent and consent 960089 is:

(1) the daily take volume from the Waikato River pursuant to this consent plus the contemporaneous daily take volume from the Waikato River pursuant to 960089 minus any contemporaneous lawful daily discharge volume into the Waikato River from the current or any future configuration of the WTP complex that is relied upon to establish the daily net take volume pursuant to this consent minus any contemporaneous lawful daily discharge volume into the Waikato River from the current or any future configuration of the WTP complex that is relied upon to establish the daily net take volume pursuant to consent 960089.

(2) manifested as the whole volume supplied on any given day into the consent holder’s bulk water network from the current or any future configuration of the WTP complex.

13. Any intake structure used for taking water pursuant to this consent must be screened with either:

(1) wedgewire screens with a slot width not exceeding 1.5 millimetres; or (2) screens with a mesh aperture size not exceeding 1.5 millimetres in diameter.

14. The velocity of water through any intake structure screen used for taking water pursuant to this consent must not exceed 0.15 metres per second at all times.

15. A system must measure on a continuous basis the volume taken from any take location pursuant to this consent. This system must have a reliable calibration to flow and must be maintained to an accuracy of +/- 5%. Prior to taking water pursuant to this consent, evidence of this system’s calibration to an accuracy of +/- 5% must be provided to the Council.

16. A system must measure on a continuous basis any volume lawfully discharged into the Waikato River from the current or any future configuration of the WTP complex that is relied upon to establish the daily net take volume pursuant to this consent. This system must have a reliable calibration to flow and must be maintained to an accuracy of +/- 5%. Prior to taking water pursuant to this consent, evidence of this system’s calibration to an accuracy of +/- 5% must be provided to Council.

17. A system must measure on a continuous basis the volume supplied into the consent holder’s bulk water network from the current or any future configuration of the WTP complex. This system must have a reliable calibration to flow and must be maintained to an accuracy of +/- 5%. Prior to taking water pursuant to this consent, evidence of this system’s calibration to an accuracy of +/- 5% must be provided to Council.

18. Additional calibration of the systems required by conditions 15, 16, and 17 must be undertaken by the consent holder:

(1) at the written request of Council;

(2) at a frequency of no less than five yearly from the date of the first calibration required by conditions 15, 16 and 17;

(3) to the satisfaction of Council.

Evidence documenting each respective additional calibration must be forwarded to Council within one month of the calibration being completed.

19. The consent holder must telemeter – via a telemetry system developed after liaison with Council to ensure that the telemetry system is compatible with Council telemetry system standards and data protocols – continuous:

(1) 15 minute values of:

(a) total combined take volume from the Waikato River pursuant to this consent and consent 960089;

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(b) any lawful discharge volume into the Waikato River from the current or any future configuration of the WTP complex that is relied upon to establish the daily net take volume pursuant to this consent;

(c) the volume of water supplied into the consent holder’s bulk water network from the current or any future configuration of the WTP complex;

(2) daily values of daily net take volume pursuant to this consent as per the requirements of conditions 20 and 21.

These data – in units of cubic metres – must be reported once daily to the Council via the telemetry system. For the three parameters in condition 19(1) there must be 96 values per parameter per daily report. For the one parameter in condition 19(2) there must be one value per daily report.

When no water is being taken the data must specify take volume as zero.

20. For compliance auditing purposes with respect to conditions 8 and 10, the volume supplied on any given day into the consent holder’s bulk water network from the current or any future configuration of the WTP complex that is:

(1) equal to or less than 150,000 cubic metres must be attributed to consent 960089;

(2) greater than 150,000 cubic metres must have 150,000 cubic metres attributed to consent 960089 and the balance must be attributed to this consent.

21. Subsequent to either of the following with respect to consent 960089:

• cancellation pursuant to section 126 of the Resource Management Act 1991; or

• surrender in whole pursuant to section 138 of the Resource Management Act 1991; or

• expiry

the volume supplied on any given day into the consent holder’s bulk water network from the current or any future configuration of the WTP complex must be attributed to this consent.

22. The Auckland Water Management Plan May 2020 (“water management plan”) recorded with document number 16785518 in the Council document management system must be reviewed and updated – having due regard to Waikato Regional Plan (“WRP”) 8.1.2.2 Water Management Plans and clauses b) and c) of WRP 3.3.4.11 Conditions relating to Water Management Plans – and submitted to Council by no later than 1 March 2026. Thereafter, the water management plan must be reviewed and updated – having due regard to WRP 8.1.2.2 Water Management Plans and clauses b) and c) of WRP 3.3.4.11 Conditions relating to Water Management Plans – and submitted to Council at a frequency of at least five yearly.

23. In the event of conflict between any version of the water management plan and the conditions of this consent, the conditions prevail.

24. At any time during the years 2026, 2031, 2036, 2041, 2045 and 2051 Council may, following service of notice on the consent holder, commence a review of the conditions of this 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 consent in avoiding or mitigating any adverse effects on water resources or persons from the exercise of this consent and, if necessary, to avoid, remedy or mitigate such effects by way of further or amended conditions;

(2) to review the adequacy of monitoring undertaken by the consent holder and, if necessary, to address any inadequacy by way of further or amended conditions;

(3) to review the consistency of conditions of this consent with future changes to the Vision and Strategy set out in Schedule 2 of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 and, if necessary, to address any inconsistency of the conditions of this consent with the changes to the Vision and Strategy by way of further or amended conditions;

(4) to review the appropriateness of any take rate and/or take volume specified within this consent if Council consideration of any relevant information set out in the most up to date version of the

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water management plan necessitates addressing any inappropriateness of any take rate and/or take volume by way of reducing any take rate and/or take volume.

25. At any time during the 12 month periods starting 1 July 2023 and 1 July 2038, Council may, following service of notice on the consent holder, commence a review of the conditions of this consent pursuant to section 128(1) of the Resource Management Act 1991 to take account of any change to the WRP being notified as a consequence of a catchment investigation in terms of WRP 3.3.4.9 Review Allocable Flows/Sustainable Yields.

26. The consent holder must pay to 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.

Prepared under section 149G of the Resource Management Act 1991

Key issues report for Watercare Services Limited, Waikato River Take