Water Conservation (Motueka River) Order, 2004

file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] Water Conservation (Motueka River) Order 2004 Silvia Cartwright, Governor-General Order in Council At Wellington this 23rd day of August 2004 Present: The Right Hon Helen Clark presiding in Council Pursuant to sections 214 and 423 of the Resource Management Act 1991, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order. Contents 1 Title 2 Commencement 3 Interpretation 4 Outstanding characteristics, features, and values 5 Waters to be retained in natural state 6 Waters to be protected 7 Waters to be protected as contributing to outstanding features 8 Restrictions on damming of waters 9 Restrictions on alterations of river flows and form 10 Requirement to maintain fish passage file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] 11 Restrictions on alteration of water quality 12 Scope of order 13 Exemptions Schedule 1 Waters to be retained in natural state Schedule 2 Protected waters Schedule 3 Waters to be protected for contribution to outstanding features Order 1 Title This order is the Water Conservation (Motueka River) Order 2004. 2 Commencement This order comes into force on the 28th day after the date of its notification in the Gazette. 3 Interpretation In this order, unless the context otherwise requires, Act means the Resource Management Act 1991 flow means the running average flow measured over the 7 preceding days file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] Nephelometric Turbidity Unit means a measure of cloudiness (turbidity) based on the scattering of light by suspended particles NTU means Nephelometric Turbidity Unit reasonable mixing means the mixing that occurs within (a) a maximum radius of 200 m from a discharge into a still water body; or (b) a maximum distance of 200 m downstream from a discharge into a river river means the main stem of those waters that are (a) identified in Schedule 1, Schedule 2, or Schedule 3; and (b) referred to as the main stem on the Infomap 260 series topographical maps between specified lower and upper limits as defined by map references in Schedule 1, Schedule 2, or Schedule 3. 4 Outstanding characteristics, features, and values The waters identified in either Schedule 1, Schedule 2, or Schedule 3 include or contribute to, to the extent specified in Schedule 1 or Schedule 2, all or any of the following outstanding characteristics, features, and values: (a) outstanding recreational characteristics: (b) outstanding fisheries and wildlife habitat features: (c) outstanding scientific values: (d) outstanding wild and scenic characteristics. 5 Waters to be retained in natural state Because of their outstanding characteristics and features, the quality, file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] quantity, level, and rate of flow of the waters identified in Schedule 1 are to be retained in their natural state. 6 Waters to be protected Because of their outstanding characteristics and features, the waters identified in Schedule 2 are to be protected in accordance with the relevant conditions in clauses 8 to 11, as specified in Schedule 2. 7 Waters to be protected as contributing to outstanding features Because of their contribution to outstanding characteristics and features, the waters identified in Schedule 3 are to be protected in accordance with the relevant conditions in clauses 8 to 11, as specified in Schedule 3. 8 Restrictions on damming of waters (1) No resource consent may be granted or rule included in a regional plan permitting the damming of the waters identified in Schedules 2 and 3. (2) For the purposes of subclause (1), damming includes the taking or deflecting of water via an intake or deflection structure that (a) prevents the passage of brown trout; or (b) adversely affects the spawning of brown trout. 9 Restrictions on alterations of river flows and form No resource consent may be granted or rule included in a regional plan that (a) will cause the material alteration of the channel cross-section, meandering pattern, and braided river channel characteristics of the form of file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] any river specified in Schedule 2; or (b) will cause, for those rivers specified in Schedule 2 at any time of year, or for those rivers as specified in Schedule 3 that drain Separation Point granites during the months of May to October inclusive, either by itself or in combination with other existing consents or rules, a 50% or greater increase in the deposition of fine sediment (less than 2 mm diameter) on the bed of the river after reasonable mixing from the point immediately upstream to which the resource consent or rule relates; or (c) will cause, either by itself or in combination with any other existing consents or rules, alteration of the flow of that part of the Motueka River specified in Schedule 2 by more than 12% as measured by the residual flow at Woodstock; or (d) will cause, either by itself or in combination with any other existing consents or rules, alteration of the flow of water in any part of the Wangapeka River by more than 6% as measured by the residual flow at Walter's Peak; or (e) will cause, either by itself or in combination with any other existing consents or rules, including existing surface and groundwater takes, reduction of the naturally occurring instantaneous flow of that part of the rivers specified in Schedule 3 below the following threshold minimum flows during the months of May to October inclusive: (i) 1 000 l/second in the Motueka River immediately above its confluence with the Motupiko River (at N28: 961 731): (ii) 500 l/second in the Motupiko River immediately above its confluence with the Motueka River (at N28: 961 731): (iii) 250 l/second in the Tadmor River at the Mudstone Recorder. 10 Requirement to maintain fish passage No resource consent may be granted or rule included in a regional plan relating to the waters identified in Schedules 2 and 3, unless that resource consent or rule ensures adequate natural or artificial passage for trout file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] through those waters, where Schedule 2 or Schedule 3 identifies trout habitat or trout spawning as an outstanding characteristic or as contributing to an outstanding characteristic. 11 Restrictions on alteration of water quality (1) No resource consent may be granted or rule included in a regional plan permitting a discharge into any of the waters identified in Schedule 2 at any time, or into any of the waters identified in Schedule 3 during the months of May to October inclusive, if, after allowing for reasonable mixing of the discharge with the receiving waters, the discharge would (a) alter the concentration of suspended solids or turbidity in the receiving waters by more than 1 mg/l or 1 NTU where the ambient concentration of suspended solids or turbidity is less than or equal to 10 mg/l or 10 NTU respectively; or (b) alter the ambient concentration of suspended solids or turbidity in the receiving waters by more than 10 mg/l or 10 NTU where the concentration of suspended solids or turbidity is more than 10 mg/l or 10 NTU respectively; or (c) alter the visual clarity of the waters by more than 20%; or (d) alter the natural temperature of the receiving waters (i) by more than 3oC; or (ii) by increasing the water temperature to more than 20oC. (2) No resource consent may be granted or rule included in a regional plan permitting the discharge into any of the waters identified in Schedule 2 at any time, or into any of the waters identified in Schedule 3 during the months of May to October inclusive, unless, after allowing for reasonable mixing of the discharge with the receiving waters, (a) any change in the acidity or alkalinity in the receiving waters, as measured by the pH and attributable to that discharge, either (i) maintains the pH within the range of 6 to 9 units; or file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] (ii) allows the pH to change by no more than 0.5 units when the natural pH lies outside the range of 6 to 9 units; and (b) there would be no undesirable biological growths attributable to the discharge including (but not limited to) (i) bacterial or fungal slime growths that are visible to the naked eye; or (ii) seasonal maximum covers of streams or river beds by (A) periphyton as filamentous growth or mats (longer than 20 mm) exceeding 30%; or (B) biomass exceeding 120 mg of chlorophyll-a per square metre; or (C) 35 g ash-free dry weight per square metre of exposed surface area; and (c) aquatic organisms are not rendered unsuitable for human consumption through the accumulation of excessive concentrations of contaminants; and (d) the water is not made unsuitable for recreation by the presence of contaminants, or the median bacterial level of 5 samples or more taken over a period of 30 days does exceed 126 E coli per 100 ml. (3) No resource consent may be granted or rule included in a regional plan permitting a discharge into any of the waters identified in Schedule 2 or Schedule 3 if, after allowing for reasonable mixing of the discharge with the receiving waters, the discharge would reduce the concentration of dissolved oxygen below 80% of saturation. (4) For the purposes of subclause (3), if the natural concentration is less than 80% of saturation, the natural level must be maintained or increased. 12 Scope of order file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] (1) This order does not limit section 14(3)(b) and (e) of the Act, which relates to the taking or use of water for domestic needs, for the needs of animals, and for fire-fighting purposes. (2) This order does not restrict or prevent the grant of resource consents to the Department of Conservation or rules being included in a regional plan that would permit minor water uses if those minor uses are necessary for the management of land administered by the Department of Conservation. (3) This order does not restrict or prevent the grant of resource consents for the purpose of (a) research into, and enhancement of, fisheries and wildlife habitats; or (b) hydrological or water quality investigations; or (c) the construction, removal, maintenance, or protection of any road, ford, or bridge, or the maintenance or protection of any other network utility operation (as defined in section 166 of the Act); or (d) the construction or maintenance of soil conservation and river protection works undertaken in accordance with the Soil Conservation and Rivers Control Act 1941. (4) Despite clause 9(c), this order does not prevent the exercise of current resource consents or the granting of resource consents for any activity where more than the amount of water being taken is released from a water augmentation scheme from (a) water permitted to be stored within the Motueka River catchment; or (b) water outside the Motueka River catchment. 13 Exemptions Nothing in this order prevents the grant of a resource consent that would otherwise contravene the conditions set out in clauses 8 to 11 if file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] (a) a consent authority is satisfied that (i) there are exceptional circumstances to justify the grant of the resource consent; or (ii) the permit is for a discharge that is of a temporary nature; or (iii) the permit is for a discharge that is associated with necessary construction and maintenance work for works and structures not otherwise prohibited by this order; and (b) the exercise of the resource consent would not compromise the preservation and protection of the outstanding characteristics and features identified for the waters identified in Schedules 1, 2, and 3. Schedule 1 cls 3-5 and 13(b) Waters to be retained in natural state Waters Outstanding feature Conditions North and South branches of the Blue duck habitat Natural state Wangapeka River above their confluence (M28: 665 708), Rolling River upstream of its confluence with the Wangapeka River (M28: 749 736), Skeet River upstream of M27: 822 873 Upper Motueka River above upper Wild and scenic Natural state Gorge (N28: 052 517), Rainy River upstream of the Conservation Land boundary (N29: 946 440), upper Dart River upstream of M28: 807 686, Baton River upstream of M27: 839 889, Pearse River upstream of M27: 898 985, Graham River upstream of N27: 903 017, Pokororo River file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] upstream of N27: 968 058, and Rocky River upstream of N27: 004 079 within Kahurangi National Park Streams emerging from Mt Arthur Karst (scientific Natural state marble and northern Arthur Range and recreational being the Pearse (from M27: 882 995), values) Ellis (from M27: 833 951), north branch of the Graham (from N27: 921 034), and streams draining the northern part of the Mt Owen massif being the Granity, Blue, and Nuggetty Creeks upstream of M28: 737 709 Schedule 2 cls 3, 4, 6, 8(1), 9(a)-(c), 10, 11(1)-(3), and 13(b) Protected waters Waters Outstanding feature Conditions Motueka River from Shaggery Brown trout fishery cls 6, 8, 9(a)-(c), River confluence 10, and 11 (N26: 068 111) to Wangapeka River confluence (N27: 922 864) Wangapeka River from its Brown trout fishery cls 6, 8, 9(a) and source to the Motueka River (b), 10, and 11 confluence (N27: 922 864) Schedule 3 cls 3, 4, 7, 8(1), 9(b) and (e), 10, 11(1)-(3), and 13(b) Waters to be protected for contribution to outstanding features file:///D/HTML/nze65003.htm[16.01.2025 09:32:41] Waters Contribution to Conditions outstanding features in Schedules 1 and 2 Flows in the Motueka River Adequate water of sufficient cls 7, 8, between the Wangapeka River quality for the outstanding 9(b) and (e), confluence (N27: 922 864) adult brown trout habitat 10, and 11 and the Blue Glen Creek in the Motueka River below the confluence, including the Wangapeka River confluence; upper Motueka, Motupiko, and fish passage and trout Tadmor Rivers; trout spawning in spawning tributaries spawning and rearing: Blue during the months of May to Glen Creek, Rainy River, October inclusive Motupiko River, Tadmor River, Stanley Brook downstream of Sunday Creek Road Bridge (N27: 950 871), Dove River downstream of Thorpe Bridge (N27: 997 919), Pearse River downstream of M27: 898 985, Graham River below the North and South branch confluence at N27: 943 008, Pokororo River downstream of N27: 968 058, and Little Pokororo River Diane Morcom, Clerk of the Executive Council.