Responses to information requests

  • The LGOIMA response is published along with a summary of the request.
  • Personal information is removed from the request and from the response.  
  • The requests have been categorised on this page.
  • Please be aware that a request/response may cover more than one area and will be located in the relevant category for the majority of the information requested.
Air quality
13 December 2018 - Request for a report titled ‘An Examination of Uncertainties in the CM-1 Method’
1517C - We received an information request for a copy of a report entitled ‘An Examination of Uncertainties in the CM-1 Method’, which was undertaken by Applied Research in August 2013.

We supplied the report, with the following information.

Uncertainties in the measurement of particulates are much higher for CM-1 testing compared with AS/NZS4013 and this is confirmed in the attachment. This is primarily due to fuel variability, as regular firewood is used, and run-to-run uncertainty which includes start-up emissions which can differ slightly based on how the fire is loaded.

The subject of measurement uncertainty was discussed at length by the Industry Working Group during 2016 and the research in the attached report was referred to.

30 October 2018 - Request for information relating to quarry dust exceedances
1456C - We received an information request regarding quarry dust exceedances

The requester referred to the Environment Canterbury website, specifically this page and update 30 which references 12 exceedances from the Yaldhurst monitoring period. We were asked for detailed information relating to each of these exceedances.

The monitoring programme, which was commissioned by Christchurch City Council, Environment Canterbury, Canterbury District Health Board and Worksafe NZ, was independently run by Mote and Emission Impossible. It was agreed to share all results online on a monthly basis. These results were updated online after the programme completion as we wanted to collect the additional data for the respirable crystalline silica monitor that was tampered with, to ensure the full three months data for all sites. We felt it important to have further data to compare this against, so continued with monitoring at all sites for this additional month. The data covers all sites that were included in the full programme, previously noted in the results in ‘Update 29. 22/06/2018’.

The below summary was extracted from the independent final month of reporting from Mote and Emission Impossible. It shows the time, and date of the exceedance along with the concentration level as recorded from data pulled from Mote’s monitors, and what Mote determined was the cause for the high readings. It is noted in their summary that these findings were also based on land owner/s or Mote staff observations.

As the programme was run independently, these exceedances were recorded and analysed by Mote. Environment Canterbury received no complaints regarding dust, or open fires on these dates and therefore holds no records or information relating to these exceedances.

 Location Date Time Hourly PM10 concentration µg/m³ Comment
Site 2 25 April 1-2pm 1,341 Tree trimming from a nearby shelterbelt were burnt approx. 50 metres from the monitoring site
Site 2 25 April 2-3pm 1,245 Tree trimming from a nearby shelterbelt were burnt approx. 50 metres from the monitoring site
Site 2 25 April 4-5pm 180 Tree trimming from a nearby shelterbelt were burnt approx. 50 metres from the monitoring site
Site 2 25 April 5-6pm 180 Tree trimming from a nearby shelterbelt were burnt approx. 50 metres from the monitoring site
Site 6 9 May 10-11am 413 Shelterbeld trimming tractor immediately adjacent to monitor
Site 6 11 May 4-5pm 697 Shelterbeld trimming being burnt
Site 6 11 May 5-6pm 1,213 Shelterbeld trimming being burnt
Site 6 11 May 6-7pm  1,109  Shelterbeld trimming being burnt
Site 6 14 May 12-1pm  532   Shelterbeld trimming being burnt
Site 6 14 May 1-2pm  1,695   Shelterbeld trimming being burnt
Site 6 14 May 2-3pm  902  Shelterbeld trimming being burnt
Site 6 16 May 8-9am  151   Resident advised smoke in the area

A map on page two of the summary report shows the site locations. The report is under ‘Update 29’ on the webpage and is called YAQMP Summary Report.

13 September 2017 - Request for information on ULEB burners.
1176C - We received an information request regarding several air quality questions including information on ULEB burners. Below are the queries from the requestor and our responses.

Is coal allowed to be burnt?

Coal that has a sulphur content of less than 1% by weight may be burnt within Clean Air Zones in Canterbury. However, domestic burner appliances that comply with the standards for ’low emitting’ or ’ultra-low emitting’ enclosed burners are not designed to burn coal and we have found that in airsheds where older-style and open fires have been phased out, coal is generally not used.

Is coal allowed to be sold?

Yes, under current regulations and the proposed Canterbury Air Regional Plan, coal may be sold.

Are portable hand-held air quality testing devices available?

The answer depends on what you want to measure, and where.  There are portable hand-held devices available to measure gases (CO etc.) in ambient air, and more sophisticated units to measure gases in boiler flues.

There are also hand-held devices to count particles in flue gases. Measuring the mass of particles in ambient air or boiler flues is more difficult, and while there are portable, hand-held devices available they are not very reliable yet.

The device used in the Christchurch spatial monitoring, and the Timaru mobile monitoring tests, is relatively portable but still needs a power supply.  

Reliable measurement of particles in woodburner flues still requires either a dilution tunnel or a standard industrial flue testing kit that samples directly from the flue.

Can a retrofit burner cab can be tested by a portable hand-held device?

As far as we are aware there are no hand-held portable devices that could reliably measure particle emissions from a woodburner with a retrofitted burner cab in a cost effective way or to provide results that are scientifically robust enough to comply with the design standards of set out in the Resource Management (National Environmental Standards for Air Quality) Regulations 2011.

The CSIRO kit that NIWA used to undertake home emission testing could in theory be fitted to the top of a flue, above that retrofitted device, and would measure particles and gases. However, this kit is complex and expensive.

Why is Monday is the most common day for exceedance?

In 2017 Mondays were the most common day of the week for exceedances, however, in previous years this hasn’t been the case (back to 1999) with between 8% and 20% of high PM10 days in a year occurring on Mondays.

The table below shows the number of days when the daily average PM10 was greater than 50 ug/m3 - recorded against the day of the week.

  2017 2016 2015 2014 2013 2012 2011 2010
Monday 7 5 3 4 3 4 4 4
Tuesday 1 4 3 9 3 6 6 6
Wednesday 2 4 7 3 4 4 7
Thursday 1 4 6 10 6 6 3 7
Friday 1 3 3 6 5 3 4 6
Saturday 3 4 5 3 5 4 5 6
Sunday 2 2 2 3 4 5 3 3

How much coal in total would be consumed by the following boilers (located within 1k of the testing station in Anzac Square):

  1. Roncalli
  2. Polytech
  3. Girls High
  4. South School
  5. Timaru hospital

Roncalli College does not have a coal-fired boiler.  For the other four, the coal-burning rates are provided to Environment Canterbury by boiler owners in confidence, so have been withheld under section 7(2)(b) and 7(2)(c) of LGOIMA.  It is worth noting that three of the boilers generally aren’t used after 4pm, and the hospital boiler is used less at night than in the daytime.  The highest concentrations of PM10 at Anzac Square are generally after 6pm.

How many tonnes of coal is burnt in Timaru annually?

Coal burning rates are provided to Environment Canterbury in confidence, and may be commercially sensitive. As noted above, they have been withheld.

What is the calibration process of the Anzac Square testing station?

The gas analysers are calibrated using bottles of certified standard gas, of a known concentration, plus a source of ’zero-gas’ air.  Gas instruments are operated to the appropriate AS or AS/NZS Standards ‘Methods of sampling and analysis of ambient air’.

The measurements of the mass of particles is achieved through the use of a Tapered Element Oscillating Microbalance (TEOM).  The calibration of the TEOM is verified annually.  The air flow, ambient temperature and pressure is verified quarterly and calibrated regularly using flow meters (this is the volume calibration (cubic metres) to ensure accuracy when measuring grams per cubic metre).  The TEOM instruments are operated to AS/NZS 3580.9.16:2016 Standard.

Can the Anzac Square testing station distinguish between ingested pollutants ie coal, wood, petrol, diesel, salt, dust, fog, rain?

The instruments can distinguish particles (from coal, wood, petrol, diesel etc.) from fog and rain. They have a nafion© drier at the front of the instrument that dries incoming air, so fog and rain are excluded from the measurement.

The instruments don’t distinguish directly between particles from combustion (coal, wood, petrol, diesel) and other particles i.e. salt or dust. They measure the total mass of all particles. However, there are indirect ways to get information on the likely sources.

  1. There are two particle instruments in Timaru - one measures PM10 (particles smaller than 10 microns) and the other measures PM2.5 (particles smaller than 2.5 microns - a subset of PM10).  These concentrations give some information on whether the likely source is combustion (which tends to be mainly PM2.5) or salt or dust (which tends to be larger than PM2.5).
  2. The SO2 concentrations give an indication of whether fuel with sulphur (e.g. coal) is contributing to the particles that are measured.
  3. The CO concentrations give an indication that the particles are from combustion products, not salt or dust.
  4. The readings at nearby sites (e.g. Washdyke) give an indication of whether the PM is from a regional source, or is specific to Timaru.

In addition, there is a procedure called ’source apportionment’ that can help to detect what proportion of particles came from diesel vehicles, woodburning, sea salt etc.  This involves collecting filters of particulate matter and sending them to a lab to analyse the metals present. Different sources of particulate matter have different chemical signatures, so by analysing the changes in concentrations of each of the metals over time it is possible to estimate what proportion of particles came from each source. Normally the filters are collected for a few months or a year, then all the filters are analysed for their metal content, and finally the results are analysed to indicate how much particulate came from each source.

Can the deadline date of 31/10/2017 easily be extended by Environment Canterbury; and if not, why not?

No, the deadline of 31 October cannot easily be extended. Section 84 of the Resource Management Act 1991 (RMA) states:

(1) While a policy statement or a plan is operative, the regional council or territorial authority concerned, and every consent authority, shall observe and, to the extent of its authority, enforce the observance of the policy statement or plan.

(2) No purported grant of a resource consent, and no waiver or sufferance or departure from a policy statement or plan, whether written or otherwise, shall, unless authorised by this Act, have effect in so far as it is contrary to subsection(1).

The proposed Canterbury Air Regional Plan is in a state where its rules must be treated as operative. At Environment Canterbury’s Council meeting on 21 September, Council will be considering a resolution to make it legally operative with effect from 31 October 2017.  Extending the 31 October 2017 deadline would require a formal variation to change the rules in the Canterbury Air Regional Plan.

A Plan variation that has the effect of extending the timeframe would be unlikely to succeed if challenged through hearings or the Courts.  The Regional Council has, among its duties, the duty to comply with the Resource Management (National Environmental Standards for Air Quality) Regulations 2011 (NESAQ).  The NESAQ requires significant improvement in air quality in Canterbury’s eight identified airsheds by 2021.

Can the testing station be shifted to another site, and if not, why not?

In theory the testing station could be shifted to any site that has space, a power supply, and is far enough away from point sources of contaminants.  It is expensive to move a testing station, and it results in a break in the sequence of data, so we try to keep shifts to a minimum.  Occasionally we are required to move to a new site, for example we moved a testing station from the old Timaru Main School site when the school closed.

The NES requires the monitoring station to be in the worst area, for obvious reasons, and we are confident that the current site is in one of the highest concentration areas in Timaru. We also have a number of studies showing the likely variation in concentrations across the city, and can see no benefit to the monitoring by moving from the current site.

If 25% more wood is burned with an ECan approved ULEB burner, does that not equate to more emissions discharge than an original burner?

Burners are tested for thermal efficiency, that is, how the wood is burnt and how much heat is transferred into the room.  Testing results must meet a minimum thermal efficiency to be authorised (65%), however the actual results vary from the minimum to greater than that.  This is noted on the specifications of each burner and on our authorised burners list.

While in operation, modern burners may burn more wood than older-style burners (as you don’t turn them down and let them smoulder).  However, in a well-insulated home, you won’t need to have your low-emission burner (LEB) or ultra-low emission burner (ULEB) running all day resulting in less wood burnt.

At the recent public burner demonstrations held in Timaru, where a low emission burner and an ultra-low emission burner were demonstrated side by side, the ULEB used less wood than the LEB.

If the new burners are using 25% more wood, how does this equate to scarce wood supply that already exists over the South Canterbury region?

We have no evidence that the new burners are using more wood, and it is likely that they are using less, given their higher efficiencies, as noted above. Therefore, the new burners, together with improved insulation and good operation, will help to get the most heat out of good quality firewood. 

Biodiversity and Biosecurity
11 February 2020 - Request for information herbicide use in public places and areas controlled by Council.

1759C - Letter dated 20 December 2019 requesting information on herbicide use in public places and areas controlled by Council.

The Canterbury Regional Council (CRC) owns land across the Canterbury Region, which is primarily endowment land for the purposes of Soil Conservation and Rivers Control. These areas include both the beds of rivers, and land in the river margins or flood plains.

Some of this land is leased for farming, some land is leased for recreational purposes while other areas are managed for conservation values and as Regional Parks including the Ashley Rakahuri Regional Park, Waimakariri River Regional Park and the Lake Tekapo Regional Park. Riverbed land is also maintained for the purposes of flood protection and erosion control.

Apart from the leased land, the land owned by the Council is freely publicly accessible, and public do have access to certain recreational leases.

One of the questions posed in the request relates to areas that children can play. There are no dedicated playgrounds within the non-leased CRC-owned land, however the regional parks are recreational spaces that children can play within, and McLeans Island has recreational spaces such as Orana Park and Steam Scene that have playgrounds.

Recreational and Farming Lessees are responsible for meeting biosecurity and weed control obligations within their lease blocks. We do not have any specific data on the means for carrying out this weed control and by whom.

Within the conservation areas, CRC engages contractors to carry out weed control to protect and preserve conservation values. This has been discussed further below. There are three sections (or their contractors) within the CRC who apply herbicides onto CRC-owned land – The River Engineering Section, the Regional Parks Section and the Asset Services Section. River Engineering are responsible for managing flooding and erosion within river rating districts, some of which include CRC-owned land. The Regional Parks section are responsible for the operation of the three Regional Parks in Canterbury, and the Asset Services section are responsible for managing the CRC land that is leased. The response to the questions has been split across these three sections for clarity.

1. What guidelines does the Council use for the application of glyphosate-based herbicide (eg Roundup products) on Council owned land, by both council staff and contractors?

ENGINEERING: The River Engineering section uses glyphosate-based herbicides to control weed growth in riverbeds and berms. The use of glyphosate is governed by Resource Consents CRC981580 and CRC041535. Copies of these resource consents are available on the Environment Canterbury website. One requirement of these consents is that spray operations are carried out in accordance with the conditions of Environmental Protection Agency (EPA) approval for the substance under the Hazardous Substances and New Organisms Act, and in accordance with a spray handbook. A copy of the spray handbook has been attached, and the conditions of approval by the EPA for Glyphosate can be found on the EPA website (https://www.epa.govt.nz/industry-areas/hazardous-substances/rules-for-hazardous-substances/controls-for-hazardous-substances/).

PARKS: All operations adhere to manufacturer’s specifications and additional care taken around wet areas with herbicide application kept >2m back from waterways and no direct application except in situations where a permit has been gained to treat macrophytes.

ASSET SERVICES: Spraying on reserve land to control plant pests is contracted to a suitably qualified and experienced contractor.

2. Does the Council limit the use of glyphosate in areas that children play?

ENGINEERING: Engineering use of glyphosate is in riverbeds and berms which would not be considered high use areas for children to play, therefore we do not specifically limit glyphosate use in these areas.

PARKS: Yes, our public areas are mowed with minimal spraying. This includes bollard fencing, park benches and tables which are line-trimmed. There is some spraying around park infrastructure, but this is minimised. We do not have playgrounds.

3. Has Council formally considered a spray-free streets and parks policy in the last 5 years? If so, what was considered and what decision was made?

PARKS: No. most of our space is not ‘public recreation’ focused but rather wild space with open access. Weed control is minimal and we are mowing as much as we can afford currently. ‘Spray free’ would not be an option economically.

4. Does the Council use steam weeding, hot water/foam, ‘natural’ spray products, and/or mechanical alternatives to glyphosate-based herbicides, and if so what percentage of weed control by each of the alternatives is used?

ENGINEERING: No, we do no use steam weeding or hot water/foam. We have recently transitioned away from an organosilicon surfactant to a canola oil-based surfactant. We have also used mulching or mowing more than spraying around our willow and poplar nurseries and along some drain banks near mahinga kai sites. We do not have an accurate figure of the percentage of areas treated by the alternative methods as the overall areas to be managed will fluctuate year to year across the Region and not specifically on just CRC owned land. However, it will be a very small percentage of the total area over which we are managing vegetation across the Region.

PARKS: No, we do not use steam weeding or hot water/foam. Majority of weed control is via mechanical means as opposed to chemical means.
ASSET SERVICES: No, we do not use steam weeding or hot water/foam.

5. Does the Council or its contractors have the equipment to carry out steam, hot water/foam weeding? What is owned by Council and what by its contractors?

No, Engineering, Parks and Asset Services, do not have this equipment and nor do any of their contractors.

6. Does Council keep records of pesticides including herbicide volumes used annually, if so, could these be supplied. If more comprehensive records are not maintained, what quantity of glyphosate-based herbicides does the Council and its contractors use each year on Council owned land?

ENGINEERING: Supplied is the record of the quantities of herbicide procured for our spray programme. These full amounts are assumed to have been used over the course of the year for which they were ordered. HOWEVER, this is for all areas that Engineering operate within over the Canterbury Region, the quantity of herbicide used on Council owned land will be a small proportion of this total amount.

PARKS: CRC maintenance season runs between September and February. Over this period 10L of Glyphosate and 500mls of Organosilicon will is typically used.
The Weed Control contract uses:

  • Drill & inject pest tree control, approx. 48L p.a. (it uses around 2L per hour of tree kill work)
  • Spraying regrowth patches, approx. 10L p.a.
  • Cut and paste, approx. 5L p.a. gel-based herbicide usually ‘Kiwicare’ glyphosate for cut stump treatment.

The planting maintenance contract uses:

  • 30L between August and November
  • 20L between January and March

ASSET SERVICES: This information is not kept.

7. Does Council differentiate vegetation control methods between areas open to the public and other Council owned land?

ENGINEERING: All areas that Engineering control vegetation are open to the public.

PARKS: Not really- we mow the public high-use space but spray plantings etc in a consistent manner between the public high-use and wider areas.

ASSET SERVICES : Lease holders are responsible for carrying out any maintenance on their leased land and we have no direct oversight as to whether there is a difference between the publicly accessible land vs farmed leases that are not publicly accessible.

8. Does Council use glyphosate-based herbicides for aquatic and surrounds vegetation control? What other herbicides are used in aquatic and surrounds vegetation control?

ENGINEERING: Yes glyphosate, triclopyr, diquat + surfactants are used to control vegetation in and around waterways in accordance with the conditions of our resource consents which authorise their use around waterways.

PARKS: Not regularly as a parks team. More likely to use mechanical control or offset control until the dry period between January-February.

ASSET SERVICES: Yes, glyphosate is used for spraying around restoration planting areas, not typically near water but may occasionally include spraying near watercourses where riparian planting has occurred.

9. What monitoring of herbicides residues is undertaken by Council or other agencies in public residential areas, aquifers, drinking-water source points and water supplies controlled by Council? Please supply results of all such monitoring.

Regional groundwater quality monitoring

The CRC carries out a regional survey of pesticides in groundwater about every ten years. Around 100 wells across the region are tested for a broad suite of pesticides and herbicides (not specifically just drinking water supply points). Our latest survey occurred between Oct 2018 and March 2019, where we sampled 77 wells. A brief memo summarising the results of this survey has been provided (see document C19C/154983 (PDF File, 683.67KB)). The report summarising the results of the previous survey in 2008 are provided (see document C08C/88949 (DOC File, 2.34MB)). The surveys are spaced so far apart because we never find more than a few detections, and generally at very low concentrations, so more frequent surveys aren’t warranted.

The CRC also participates in a national survey of pesticides in groundwater every four years. We contribute six wells to the survey each time. The latest survey was in 2018, and a report on that survey has been provided (see document C19C/165943 (PDF File, 1.54MB)). Crown Research Institute ESR coordinates this national survey, so further data or reports on the national pesticide survey can be obtained from ESR.

In addition to the regional and national pesticide surveys, the have been other ad hoc tests of groundwater. The data from the CRC’s well monitoring data from the last five years along with the regional survey data has been provided in the attached spreadsheets (“Copy of 2008 Pesticide Results” and “Copy of Pesticide Survey 2019 lab results”).

Regional Surface Water Monitoring

There is currently no routine programme for pesticide testing in surface water bodies. In the past (> 5 years ago) there had been where five sites were analysed per year. However, this programme was disestablished given the cost of analysis of these samples, and results were predominantly below detection limits. The development of monitoring guidelines for Emerging Organic Contaminants of Concern clearly raises he expectation that Councils broaden their focus regarding these more “unusual” contaminants. This is something the CRC will be thinking about regarding upcoming Long-Term Plan discussions.

The CRC has conducted a monitoring project in relation to environmental concerns raised about herbicide use. The results of this 2019 soil and water sampling project are attached (XLSX File, 10.04KB).

22 August 2019 - Request for information on wetlands mapping

1660C - Referring to discussion on 24 July 2019 requesting information on wetlands mapping, as well as subsequent clarification of a request in an email dated 6 August 2019, and further questions in emails of 6 August and 15 August.

Question 1: That the indicative wetlands mapping be removed from the open publicly accessible database to stored files where it is only available when a public information request seeks it.

We have considered the request and advise that the map will remain publicly available on Canterbury Maps. We have however improved and updated the annotation that supports this information, to remove any ambiguity about the difference between the ground and aerial surveyed wetlands.

Environment Canterbury has an obligation to identify and protect wetlands (under the Resource Management Act 1991 (RMA), the Canterbury Regional Policy Statement and Canterbury Land and Water Regional Plan) along with a commitment under Environment Canterbury’s Long-Term Plan, to raise awareness and understanding of wetlands. The mapping helps the community to be better informed about the extent of wetlands and helps both Environment Canterbury and landholders work towards improved stewardship of these important assets.

We are also committed to a policy of open and transparent data; to withdraw this layer would be contrary to these principles.

We have an established review process if landowners disagree with the details held on the map. This process will be further explained in a fact sheet that will be available on our website next week.

Question 2: That a caveat applies to the database that it cannot be used for any RMA purposes.

The details tab on the map layer clearly states that the wetlands mapping is not a schedule in a plan, nor has it been through a statutory planning process. We are in the process of making additional changes to the mapping and to our website to make it clear to landowners and consent applicants that we do not rely on the mapping for regulatory decision-making purposes. For these reasons, Environment Canterbury does not consider a further caveat to be necessary.

Question 3: Whether the indicative wetlands mapping was used in consent processes:

As we set out in our response of 17 July 2019, Environment Canterbury does not use the indicative wetland layer for regulatory decision making (including for consents).

We have set out below how we use the mapping information, along with other relevant information and the processes we apply. We do not use the aerial-surveyed wetlands information for regulatory decision-making as part of RMA processes. It is used to inform an environmental scan of relevant matters for consideration as part of the consenting process. This scan considers multiple sources of information relevant to a piece of land, a location or an activity that may be relevant to the regional rules that apply. The purpose of this scan is to determine the receiving environment of the activity in order to properly apply relevant rules.

To further explain, a consent planner will refer to a large amount of potentially relevant information while assessing what matters are relevant to a consent application. In some cases, this will not result in any further action, but in other cases it may prompt a conversation with the consent applicant. For example, if there was the potential for a wetland (as defined under the relevant plan rules) to be impacted by an activity, then we would ask for further information and evidence before concluding that an area was a wetland (as determined by the relevant rules).

This information is likely to be by way of an ecologist’s report – either the landowner’s own or one provided by Environment Canterbury. If relevant, this information may be recorded in a Section 42A report, which details the reasons for granting or declining a consent application. However, it is not mandatory to include sources of information that did not have a significant bearing on the outcome of the decision.
As we have set out, we are in the process of updating our website to further clarify this information to assist landowners.

Question 4: [With reference to the indigenous freshwater species habitat layer], with all other sites in Hurunui District, can you please outline whether the landowners have been consulted and how the sites came to ECan’s attention.

The location of the sites for fish and macroinvertebrates was derived from the New Zealand Freshwater Fish Database, online surveys conducted by Environment Canterbury staff, and other data provided by universities, Crown research institutes, consultancies and landowners. Please find the technical report (PDF File, 698.25KB) (s32 supporting report) providing information on the identification and mapping of the habitats.

Planning provided papers to the Zone Committees advised on Plan Change 7 (PC7), Part A (Omnibus) topics, including this ‘habitats of indigenous freshwater species’ topic on three occasions over the past year. 

The Hurunui-Waiau Zone Committee meeting dates for these papers were Monday 18 June 2018, Monday 19 November 2018 and Monday 15 April 2019. The April 2019 paper outlined potential policy direction for the indigenous freshwater species habitat topic, which included “identification of certain indigenous freshwater species habitat and their protection from activities that may damage these areas”.

Consultation on the indigenous freshwater species habitat sites throughout the Canterbury region is currently being undertaken as part of the PC7 process, which includes proposed planning maps of these habitat sites. Submissions are encouraged and can be made up until 13 September 2019. We encourage everyone with an interest to do so.

Question 5: With the following site (map provided in email) marked on Dry Stream, Culverden can you please confirm how ECan came to obtain the knowledge of the existence of this Dry stream site and who gave ECan this information?

As above, the indigenous freshwater species information for Dry Stream was gathered using one or several of the following sources of information: the New Zealand Freshwater Fish Database, online surveys conducted by Environment Canterbury staff, and other data provided by universities, Crown research institutes, consultancies and the landowner/land manager.

12 February 2018 - Request for information on pest control operations

 

1242C - We received an information request regarding pest control operations for the past 30 years.

General summary – Regional Parks pest management

The areas Environment Canterbury actively manages for recreation purposes are our region’s three Regional Parks, which you can read about on our website.  These parks have all opened since 2006. Prior to their management as parks, the land (including riverbed) was used by the public for recreation.

The main active animal pest control on this land has been directed at rabbit control.  Rabbit control and history in the Waimakariri River Regional Park and Ashley Rakahuri Regional Park can be grouped together, with Lake Tekapo Regional Park having quite a different history.  Note that rabbit control is explained further in a separate section below.

There has also been periodic low-level trapping for possums carried out in the Waimakariri River Regional Park and the Ashley Rakahuri Regional Park.  However, numbers have always been low and trapping has been more about monitoring than control.

Additionally, in the past 10 years there has been trapping of predator ground species around braided river bird species to assist their breeding in the Waimakariri and Ashley Rivers. Species protected have been mainly black billed gulls, wrybill, banded dotterels and white fronted and black fronted terns.  Species trapped are mainly mustelids and hedgehogs. Overall, the numbers trapped are low.

In the last four years control operations have been extended to southern black backed gulls in the Waimakariri River, again to protect braided river birds from predation and habitat loss.  The poisoning agent used is alphachloralose, and is applied in baits.

Rabbit Control – Waimakariri River and Ashley Rakahuri Regional Parks

The areas covered are Waimakariri River, from the coast inland to the gorge bridge, and Ashley Rakahuri, from the coast inland to the Okuku River confluence.
From the late 1980s to 1997, rabbit numbers tended to be patchy and were controlled periodically using 1080 carrot baits. Control was often triggered by the need to reduce numbers to allow tree seedling survival. Control was ground based apart from one large aerial operation in the Waimakariri riverbed about 1990.

Since Rabbit Haemorrhagic Disease (RHD) was illegally released in 1997, rabbit control has mostly not been required. Rabbit numbers have built up in patches since circa 2007 but then have collapsed before control is necessary.

Rabbit Control – Lake Tekapo Regional Park

The Land Management Programme ran from 1989 to 1995. During this time there were comprehensive control operations where 1080 carrot was flown on to the forest and surrounding land. In 1997 RHD was released and no further rabbit control was required until about 2007.  From 2007 to 2013, control was undertaken about every two years using pindone carrot (ground applied). Control after each operation was short lived as re-infestation rapidly re-occurred from surrounding land, especially the village. From 2013 to present day, control has been undertaken on an ongoing basis using pindone pellets in bait stations. The budget for this work has been $5,000 to 8,000 per annum.

8 February 2018 - Request for any reports/ memos/briefings on the existence of asbestos in water infrastructure for the last two years.
1250C - We received an information request for copies of any reports/ memos/briefings prepared on the existence of asbestos in water infrastructure prepared in the last two years. It was also specified that this should include any material prepared following the discovery of asbestos in Temuka’s water supply in December 2017.
Environment Canterbury does not hold any reports, memos or briefings on this topic.  With regards to the discovery of asbestos in Temuka’s water supply in December 2017, this would be a local council matter rather than a regional council matter.
13 April 2017 - Request for monitoring results relevant to the state of the marine environment
1092C - We received an information request for the monitoring results we hold relevant to the state of the marine environment, particularly as it relates to the discharge and dispersal of contaminants and sediment.

Below are the relevant reports: 

1. Remote sensing of river plumes in the Canterbury Bight. Stage II: Final report (author NIWA John Zeldis dated April 2010)

2. Sediment Quality at Muddy Intertidal Sites in Canterbury (authors Lesley Bolton-Ritchie & Patrick Lees dated December 20120

3. Freshwater Dilution and transport in Canterbury Bight (authors NIWA Mark Hadfield & John Zeldis dated June 2012)

4. Assessment of the potential effects of dams on selected South Canterbury rivers on sediment movement and coastal nourishment (authors NIWA Maurice J Duncan & D. Murray Hicks dated October 2001)

5. Sediment budgets for the Canterbury coast : a review, with particular reference to the importance of river sediment (author NIWA D Murray Hicks dated February 1998)

6. Modelling historical and future change of the Washdyke Opihi shoreline (author NIWA D Murray Hicks dated October 1994)

7. Central Canterbury bight stage 2 report model predictions (author Tonkin & Taylor dated February 1996)

8. Canterbury open-coast wave refraction & longshore transport study (authors NIWA Richard Gorman, Murray Hicks & Jeremy Walsh dated June 2002)

The State of the Environment (SOE) marine program has been established to monitor the state and long term trend of water quality in the marine environment, and to assess the influence of the river discharges on the marine environment. In this regard, it is not a program for which we produce yearly reports.

The monitoring for the marine SOE program has produced a significant dataset that will allow a comprehensive consideration of the marine environment in this area. We do have current data available but a report is not currently planned this year – the reports we do have and the current data are listed below.

9. Coastal Water Quality – Lake Ellesmere/Te Waihora to the Waitaki River Mouth (author Lesley Bolton-Ritchie dated June 2006)

10. Timaru Harbour water quality – September 1998 to June 2005 (author Lesley Bolton-Ritchie dated May 2006)

11. ab & c. Data – South of Timaru Water Quality – author Lesley Bolton-Ritchie

28 September 2016 - Request for information about wilding conifer control in Canterbury
1025C - Information request for information about wilding conifer control in Canterbury.

The table below shows the amount of funding that has been allocated to control wilding conifers from ECan’s budget for the last five years, broken down by year:

Year Budget
2016/17 $319,689
2015/16 $296,858
2014/15   $267,934
2013/14 $266,389
2012/13 $248,924

Environment Canterbury has not received any Central Government grants for wilding conifer management over this time.

However, Crown agencies such as the Department of Conservation, Land Information New Zealand and the New Zealand Defence Force do fund wilding control on land that they administer. Environment Canterbury does seek and receive funding from philanthropic sources, as outlined in the table below:

Year Funding Source
2016/17 $100,000 Community Partnership Fund (DoC)
2015/16 $100,000 Community Partnership Fund (DoC)
 2014/15 $100,000  Community Partnership Fund (DoC) 
2013/14 $100,000 Lotteries Heritage and Environment
2012/13 $100,000 Lotteries Heritage and Environment

Approximately 850,000 hectares across Canterbury have wilding conifers present. We propose to prevent further wilding spread and progressively reduce or contain existing wilding infestations.

The estimated land area that is treated varies greatly with topography, tree density and tree age. While every infestation we control is mapped, different control methods and associated costs apply to each situation, and the area that is controlled each year varies. The total annual figure is not measured, but we estimate that the average area covered each year is approximately 10,000 hectares.

Braided rivers
25 January 2019 - Request for information about the NIWA braid plain mapping of the Waiau river and if completed the Hurunui river

1510C - We received an information request for information following the Hurunui Waiau Zone Committee meeting on 10/12/18 relating to NIWA braid plain mapping.

The BRIDGE project was created to identify if a clearer definition of the ‘bed of a braided river’ for regulatory purposes was possible in order to provide clarity on the management of riverbed areas either as riverbed or margin. It is widely acknowledged that the current Resource Management Act 1991 (RMA) definition lacks clarity when trying to be applied to the Canterbury braided rivers and has resulted in legal challenges and a loss of braided riverbed environment across the region.

The project timeframe was set out so that if a definition could be developed then it would be included in the Omnibus Plan Change in June 2019 for full public notification and ratification if agreed through the planning process.

The BRIDGE project has been working with four river reach groups at four different river reaches across the region to discuss what possible approach could be taken to develop a definition and what if any changes to existing rules may be needed. At the present time the approach of using historical images and maps is being examined as a potential method for identifying the bed of the river. This is one of the methodologies that was identified by NIWA in the Braidplain Delineation Methodology report (PDF File, 6.69MB).

As is the current state of play there are no lines defining riverbed that have a regulatory authority (for example, have been through an RMA planning process) and any existing lines are only indicative (draft) and are a starting point for discussion to determine what is or is not riverbed on a case by case basis. This current situation does not provide certainty or clarity for those looking to carry out activities in river areas and the BRIDGE project aims to address this.

Any lines being mapped at this time are for consultation purposes as the project plan is to have a ‘draft’ approach mapped on some example rivers in order to see what the impacts of any possible definition may be and to discuss these with neighbouring landowners and other stakeholders. This mapping work is still ongoing and until it is complete for consultation purposes is not yet available. All mapping being completed is for information and consultation purposes only and cannot and will not have any legal, regulatory or statutory impact until it goes through an RMA publicly notified planning process (possibly the Omnibus plan change in June 2019).

There are existing rules within the Canterbury Land and Water plan that already manage the activities within and adjacent to rivers and at this time and until further consultation and discussion occurs there is no fixed view as to whether any new rules or adjustments to existing rules are needed.

Climate Change
17 September 2019 - Request for information about actions taken since climate emergency declared.
1671C - We received a request for information about actions taken since we declared a climate change emergency.
Environment Canterbury was the first Council in New Zealand to declare a climate change emergency. While this declaration under New Zealand law does not carry statutory or legal weight for future Council decisions or policy; recognising a ‘climate emergency’ provided an opportunity for Council to further highlight that we take climate change seriously and that we have long acknowledged the importance of, and urgent need to address, climate change issues. We include consideration of climate change in all that we do, and have worked over an extended period towards:
  • robustly and visibly incorporating climate change considerations into Council work programmes and decisions
  • providing strong local government leadership in the face of climate change, including working with regional partners to ensure a collaborative response
  • advocating strongly for greater Central Government leadership and action on climate change
  • increasing the visibility of our climate change work
  • leading by example through monitoring and reducing our greenhouse gas emissions.

Steps taken in response to climate change

While much of our climate change related work is engrained within our ongoing work programmes, some examples of specific and/or notable steps are listed below:

Steps taken
Climate Change Integration programme established through the Long-Term Plan 2018-2028 with the purpose of ‘supporting our communities to become more risk literate and resilient to climate change’.
New climate change webpages on the ECan website to better highlight climate change issues in Canterbury and our work to address the likely effects.
Commissioned organisational carbon emissions reporting.
Achieved a 26% reduction in greenhouse gas emissions per staff member since June 2010.
Installed a 114 panel, grid tied solar system on the roof of our Tuam Street office, with the potential to generate over 34.2kWh of electricity per year.
Leasing of five electric vehicles.
Through the Regional Public Transport Plan, the Council agreed a target to, as far as practicable, transition the bus fleet to carbon zero by 2030, with all new vehicles zero emissions by 2025.
The Council submission in July 2018 on the Our Climate Your Say: Zero Carbon Bill consultation acknowledged “the importance of and urgent need to address climate change for the benefit of current and future generations”. It also called for a strong framework and a net zero target approach to all gases.
The Council signed the Local Government Leaders’ Climate Change Declaration in 2018.
Conducted a literature review of relevant climate change impacts to the Canterbury Region – this was finalised since the declaration and is being presented to various stakeholders and our Territorial Authorities.
Assisted local councils in developing adaptation plans for areas that are expected to be significantly impacted by climate change in the future.
Through the Mayoral Forum - established a Regional Climate Change Working Group, and associated Steering Group (first meeting held in July).

Further reading:

Steps ongoing in response to climate change

Steps ongoingAchievement since declaration?
Long term monitoring to support climate change science, including for the coastal environment, water, land and river flow rates – this also includes the recently completed Halswell scheme review that showed significant climate change related impacts.Yes – including work regarding Patiti Point
Conducted modelling in the coastal zone of climate change induced hazards, including modelling historic rates of coastal erosion future projections, coastal screening and advice provision to Territorial Authorities.Yes, as above
Supported the Canterbury Region to adapt to the effects of climate change through building high quality flood protection (stop bank) schemes, such as recently completed Whakam?riri Flood Protection Scheme (WFPS).Yes - completed the WFPS that protects over $8billion worth of assets
Leading a bid to Government for $1.3 billion in public transport investment to help grow patronage, thereby reducing the reliance on cars and associated greenhouse gas emissions. $2m funding has been secured to develop this business case
Support the transition to more efficient home heating, with the Canterbury Air Regional Plan rules and subsidies requiring and supporting households to upgrade to Ultra Low Emission Burners and heat pumps.Yes, including through ongoing work with Healthier Homes Canterbury
Aim to purchase our own electric vehicles starting 2019-20, and to achieve 50% of our passenger vehicles being pure electric by 2022.
Travel reductions by encouraging our staff to share taxis or use buses where appropriate; and video conferencing as an alternative to face-to-face meetings where possible.Yes, ongoing
Assisting local councils in developing adaptation plans for areas that are expected to be significantly impacted by climate change in the future. Yes – including work regarding Patiti Point as above
Conduct ongoing organisational emissions reporting every three years to track progress and inform further action.First report published with subsequent work continuing

Further reading:

Steps underway/planned in response to climate change

Steps underway/plannedAchievement since declaration?
Review existing processes to better ensure that climate change is robustly and visibly factored into Council decision making.Yes, including initiating a pilot of a new decision-making process to ensure climate change is visibly and fully incorporated into our work
Undertake an initial regional climate change risk assessment by June 2020.Yes – a request for proposal has been issued in collaboration with our regional partners
Identify opportunities to reduce greenhouse gas emissions from transport across Canterbury.
Continue to advocate firmly to Central Government for urgent action in the face of climate change, including progressing the Zero Carbon Bill and implementing the recommendations from the Climate Change Adaptation Technical Working Group’s Final Report.Yes, we submitted at the select committee for the Zero Carbon Bill
Increase the visibility of our climate change work, including providing quarterly updates on key matters.

The Waimakariri flood protection scheme will significantly improve the resilience of Christchurch City, Waimakariri and Selwyn districts to impacts from flooding, including from events exacerbated by climate change. More information regarding this scheme and our other climate change related initiatives can be found on our website.

Further reading:

Compliance
30 October 2019 - Request for data on non-compliance events; (abatement/infringement notices/prosecutions) for dairy farms in Canterbury for the last 10 years
1699C - We received an information request for data on non-compliance events; (abatement/infringement notices/prosecutions) for dairy farms in Canterbury for the last 10 years.
Download this spreadsheet (XLSX File, 12.52KB) setting out the information requested for the period June 2016 to June 2019 on non-compliance events; the number of abatement notices, infringements and completed prosecutions. Please note that one offender may have had more than one enforcement action taken against them (for example both an infringement and an abatement notice), or in some cases we may have issued multiple abatements and infringements under the one consent number.
The information is broken down as follows:
a. Abatement notices and infringements: types of discharges i.e. to land, to water, ponding etc based on our reading of the notice;
b. Prosecutions: type of discharge - based on the Court outcome.
For all three types of non-compliance, they are then broken down into the various zones where the offences occurred and the month the offence occurred.
30 October 2019 - Request for information on the 2018 diesel spill from a pipeline at Horncastle Arena
1696C - We received a request for reports and monitoring of the 2018 diesel spill from a pipeline at Horncastle Arena (reported in 2 Oct 2018 The Press).
Please refer to the “Remedial Action Plan – Initial Concepts" (PDF File, 1.4MB) dated 12 October 2018, and a map dated May 2019 (PDF File, 1.41MB) showing the extent of the plume. 
In deciding whether to release this information we consulted with VBase/Christchurch City Council (CCC). The CCC prepared a response (Office Open XML Document, 18.71KB) by way of background information on this matter.
8 October 2019 - Request for information on all odour and dust complaints lodged against consent number CRC154046 in the last five years (EnviroWaste Services Ltd).
1440C - We received a request for information on all odour and dust complaints lodged against consent number CRC154046 in the last five years (481 Colombo Street, Christchurch).
Please find below a record of complaints against this resource consent:
PE NumberComplaint Received DateIncident Start TimeOverall Assessment of EventEvent OutcomeDescription of IncidentResponsibilityGeneral Location Description
PE16594716/02/20169:00Event not SubstantiatedUnable to attend16/02/2016 10:00am. Caller reporting a stench coming from the new waste plant on Colombo Street. Caller is going to contact media as this should never have been put in the city. There was a lot of controversy when the waste plant went in. Caller said the office worker has gone home due to the horrendous smell. NE breeze. -2nd complaint received today 16/02/16 10:40am re. odour discharge from Envirowaste Services Ltd. 481 Colombo Street, Sydenham, Christchurch.Envirowaste481 Colombo Street, Christchurch, Christchurch City
PE16594910/02/20168:30Event not SubstantiatedUnable to attend10/02/16 8:30am re. odour discharge from Envirowaste Services Ltd. 481 Colombo Street Sydenham, ChristchurchEnvirowaste481 Colombo Street, Christchurch, Christchurch City
PE16482722/12/20158:00Event not SubstantiatedVerified but compliantOdour from waste Envirowaste site on Cass Street. EnvirowasteCass Street Sydenham, Christchurch
Members of the public play an important role in protecting our natural resource. Each year, we receive about 5000 calls reporting incidents with potential to harm the quality of our air, land or water. All calls are researched and evaluated to assess the potential environmental effects. Due to the high volume of reports, we respond to the most serious incidents first, which means not all calls are able to be responded to in person as we have to prioritise resources.
19 August 2019 - Request for information on the illegal dumping of rubbish in Canterbury since June 2018

1657C - Email dated 22 July 2019 requesting information on the illegal dumping of rubbish in Canterbury since June 2018.

Littering is covered under the Litter Act 1979 which is enforced by Local Councils, and Environment Canterbury has no specific rules regarding dumping itself. Where an incident occurs, we look into whether there has been any discharge of contaminants to land/air or water as a result of the dumping, as such an activity would sit within Environment Canterbury’s enforcement powers under the Resource Management Act 1991.

The appropriate action is assessed on a case-by-case basis. Generally, if rubbish is dumped, Environment Canterbury would engage a contractor to clean it up if it is on/in Environment Canterbury managed land or waterbody. If we are able to establish, with evidence, who dumped the rubbish, then we could look to take enforcement action or seek recovery of costs. For incidents on land outside of Environment Canterbury’s remit, we would contact the relevant Local Council to take care of removal.

Environment Canterbury does not measure or record specific waste amounts dumped.

Please find attached a spreadsheet (XLSX File, 52.26KB) with the available information requested. It lists all complaints received regarding rubbish dumping or related activities since June 2018 to July 2019. It shows Environment Canterbury received 132 unverified environmental incident reports for assessment and triaging. Please note that information has been redacted in order to protect the privacy of individuals pursuant to section 7(2)(a) of the LGOIMA.

It is important to understand Environment Canterbury’s approach to reported environmental incidents or pollution events and we have attached our Compliance Monitoring and Enforcement Guidelines (PDF File, 814.42KB) for more detail. When a reported incident, or a pollution event is investigated, the activity is graded as either:

  • A. Complies [with rules]
  • B. Technical or administrative ‘non-compliance’ however no more than minor environmental effect
  • C. Compliance issues with significant actual or potential adverse environmental effect or repeated technical non-compliance
  • D. Serious compliance issues with major actual or potential adverse environmental effect

A grading of ‘C’ or ‘D’ constitutes a repeated and/or significant non-compliance with one or more consent conditions, or breach of the regional rules. This is not acceptable to Environment Canterbury or the wider community and it is important that Environment Canterbury responds to bring positive behaviour change. We ensure all Grade C and D compliance issues have an agreed action plan in place, to ensure a consent condition will be complied with, or the resource user to cease the unauthorised activity.

The graded environmental incident and associated actions set out in the spreadsheet are summarised in the table below:
Graded Incidents Total Action
In progress  1/06/2012 6.5 
No more than minor impact (B) 30/08/2012 6.2
Moderate impact (C) 23/01/2013 6
M36/0026 02/08/1971 2.2
M36/0026 20/06/1983 3.4
M36/3922 6/12/1988 0.8
M36/3922 16/04/1999 0.97
 
19 August 2019 - Request for information on prosecutions, abatement notices and infringement notices issued by Environment Canterbury for dairy effluent discharges in the year ended June 30, 2019
1656C - Response to email of 22 July 2019 requesting information on prosecutions, abatement notices and infringement notices issued by Environment Canterbury for dairy effluent discharges in the year ended June 30, 2019.
In the financial year ending 30 June 2019, Environment Canterbury prosecuted one party, and issued seven abatement notices and six infringements for matters relating to dairy effluent discharges.
Details of our enforcement actions for the last 12 months (starting August 2018) can be found on our investigations web page.
Regarding the matter which went to prosecution, this was against Aitkens Road Dairies Limited for illegally discharging effluent onto land and resulted in a conviction and fine for $30,000. 
9 August 2019 - Request for information on vegetation clearance on farms

1650C - We received a request for information on Vegetation clearance of farm riparian areas & wetlands - complaints received, enforced, outcomes since 2012.

Please find attached a spreadsheet with the information requested. It lists all complaints received regarding vegetation clearance or related activities since July 2012 to July 2019. It shows Environment Canterbury received 115 unverified environmental incident reports for assessment and triaging.

It is important to understand Environment Canterbury’s approach to reported environmental incidents or pollution events and we have attached our Compliance Monitoring and Enforcement Guidelines for more detail.

When a reported incident, or a pollution event is investigated, the activity as a whole is graded as either:

  • A. Complies [with rules]
  • B. Technical or administrative ‘non-compliance’ however no more than minor environmental effect
  • C. Compliance issues with significant actual or potential adverse environmental effect or repeated technical non-compliance
  • D. Serious compliance issues with major actual or potential adverse environmental effect

A grading of ‘C’ or ‘D’ constitutes a repeated and/or significant non-compliance with one or more consent conditions, or breach of the regional rules. This is not acceptable to Environment Canterbury or the wider community and it is important that Environment Canterbury responds to bring positive behaviour change.

We ensure all Grade C and D compliance issues have an agreed action plan in place, to ensure a consent condition will be complied with, or the resource user to cease the unauthorised activity.

The graded environmental incident and associated actions set out in the spreadsheet are summarised in the table below:

Graded Incidents Total Action
In progress 2 Under investigation
No impact (A) 18 No impact, no action
No more than minor impact (B) 76 74 - Limited impact, no action
2 - Reports were referred to River Engineering staff (flood control) and abatement notices were issued, one for replanting, and the
other for remediation.
Moderate impact (C) 17 Action (see attachment for detail) 3 - No ability to verify, no action 3 - Abatement notices issued
3 - Referred to City/District Council for action
2 - Referred to River Engineering staff (flood control) for action
2 - Education
1 - Infringement notice issued 1 - Prosecution
1 - Fire extinguished, no further action
1 - Alternative Environmental Justice - restoration
Major impact (D) 2 Action (see attachment for more detail)
1 - Refer to River Engineering (flood control) 1 - Abatement notice
Total 115  

Regarding the category “D” non-compliance which was referred to our River Engineering team (PE162081) on investigation this was found to be clearance of pine trees and there was no damage to indigenous vegetation. No further action was necessary as there was no negative environmental impact.

Regarding the two category “C” moderate non-compliance matters referred to River Engineering on one (PE192663) education was provided, and the other (PE20144903) an abatement notice was issued.

6 August 2019 - Request for information on territorial authorities’ compliance with resource consents for sewerage and stormwater systems

1643C - Letter dated 1 July 2019 requesting information on territorial authorities’ compliance with resource consents for sewerage and stormwater systems.

Information requested – sewerage system

For the period 1 July 2018 to 30 June 2019, there were no abatement notices, infringement notices, enforcement orders or convictions for the Kaikoura District Council (KDC), the Mackenzie District Council (MDC), the Selwyn District Council (SDC) or the Waimakariri District Council (WDC) in relation to their resource consents for discharge from their sewage systems.

Information requested – stormwater system

For the period 1 July 2018 to 30 June 2019, there were no abatement notices, infringement notices, enforcement orders or convictions for the KDC, MDC, SDC or WDC in relation to their resource consents for discharge from their stormwater systems.

Additional information requested

No significant non-compliances were recorded for the above District Councils within the 2018/19 financial year in relation to their resource management consents for the treatment and disposal of sewage and stormwater systems.

There are currently significant issues within three locations in the Selwyn District relating to sewage. Environment Canterbury is working with the SDC on agreed actions and milestones to progress towards compliance. Due to this process being undertaken no significant non-compliances or abatement notices have been issued within the 2018/19 financial year.
Specific information for Waimakariri District Council

Request for Environment Canterbury to:

Advise if all consent conditions for the landfill at Kate Valley were met for the period 1 July 2018 to 30 June 2019. If not, please advise the number of breaches and the percentage of consent conditions that were met.

Please note that Kate Valley Landfill is situated in the Hurunui District, not Waimakariri as noted in the request.

Six resource consents were monitored for the Kate Valley Landfill, which are held by Transwaste Canterbury Limited. Five of the consents were graded compliant, “full compliance.”

One consent had:

  • 35 conditions graded as “complies”;
  • one condition “not monitored”;
  • one condition “no longer operational”; and
  • one condition graded “non-compliance no action required; low risk non-compliance’.

The extract from the Compliance Monitoring Report regarding the non-compliance no action required condition reads:

“The grade of this condition will remain non-compliant as a technicality as previously noted (Refer Compliance Monitoring Report for the 2016/2017 Annual Report).

The Annual Report notes on this condition: "The consent application recommended the installation of a minimum of seven permanent gas monitoring probes.

Five of these are not able to be installed as the level of fill on which they are to be installed has yet to be constructed.

The remaining probe positions have been assessed and one location has been identified as being the most suitable for installation at this time.

It is near where the original (interim) flare had been located on the south side of the landfill proper. This probe is planned for installation in 2018.

Upon completion and initial monitoring of this probe all other recommended locations of the probes are to be reviewed and any further installation then assessed."

I note that one has been installed post this reporting period and measurements are being made.

As the landfill has not yet reached the final level, permanent probes are impractical to install. Please continue to review as stages of the landfill reach final level.”

Specific information for Waimakariri District Council:

No significant non-compliances were recorded within the 2018/19 financial year for WDC in relation to its resource management consents for the treatment and disposal of sewage and stormwater systems.

17 July 2019 - Request for information on indicative wetlands mapping
1638C - We received an information request for a list of individual consents & statutory processes or compliance / enforcement issues where wetlands mapping was or is being used.
Environment Canterbury does not use the indicative wetlands layer for regulatory decision making. The layer is used as the starting point for a conversation with a land owner in order to determine:
  1. whether wetlands exist or not; and
  2. if they are confirmed to exist, what the values are.
This typically involves a site visit and discussion with the land owner. Any regulatory decisions (for either consent or compliance processes) are made based on the ground surveyed information that arises out of those conversations and associated site visits.
11 June 2019 - Request for all air related complaints (smoke, odour, dust etc) for 222 Beach Road, Kaikoura for the last 10 years.
1615C - Request for all air related complaints (smoke, odour, dust etc) for 222 Beach Road, Kaikoura for the last 10 years.
Please note that information has been redacted in order to protect the privacy of individuals pursuant to section 7(2)(a) of the LGOIMA.
5 April 2019 - Request for information on how many prosecutions for pollution in waterways and investigations for intensive agricultural activities.
1570C – We received a request for information regarding freshwater & the quality, how many prosecutions for pollution in waterways, excess water takes, rejections, investigations for intensive agricultural activities and the policy for swimmable water.

During the time of the current Councillors (since October 2016):

1. How many prosecutions have been instigated by Environment Canterbury for pollution of waterways;
Since 1 October 2016 to 26 March 2019 there have been six prosecutions instigated by Environment Canterbury. Four of those are currently before the Court and are not final. The other two prosecutions were for discharge of sediment to water and depositing superphosphate in the bed of a river, and both prosecutions resulted in fines.
2. How many prosecutions have there been for taking water in excess of resource consents;
There have been no prosecutions for taking water in excess of a resource consent. As noted above, we do not always choose to prosecute for alleged breaches of resource consents or of the Resource Management Act.
3. How many surface or groundwater consents have been rejected for environmental concerns;
In answering this question, it is necessary to note that it has been prohibited to apply for groundwater in fully or over-allocated catchments since the Canterbury Land and Water Regional Plan (CLWRP) was made partially operative in September 2015. It has also been prohibited to apply for surface water from fully or overallocated surface waterbodies since 21 January 2017.
In regard to those applications for catchments which are not fully allocated, Environment Canterbury has refused two water permit applications since 1 October 2016. These applications were as follows:
CRC174963 – To change the conditions of water permit CRC050388.2 to take groundwater. This application was refused on the basis of environmental impacts; being contrary to policy, and Part 2 of the Resource Management Act.
CRC180314 – To take surface water from a water race and divert it to ground. Consent was refused as it was not required; the take was already consented where the water entered the race.
A third application, CRC185518 (to transfer water site to site), was initially refused by Environment Canterbury due to environmental concerns and not being consistent with plan policy. That decision was objected to by the applicant under s357A of the RMA. The objection was subsequently upheld and consent granted by an independent commissioner.
Information regarding these consents can be found via Environment Canterbury’s resource consent search.
4. What actions have been investigated to prevent the proliferation of intensive agricultural activities on water;
A framework has been established to restrict further nutrient losses from farming activities.
There are region-wide rules in place in the CLWRP to restrict stock access into rivers and lakes, with prohibitions in place for farmed cattle, deer and pigs in the beds of lakes and rivers.
Environment Canterbury has undertaken planning processes to establish a set of freshwater outcomes for each of the Selwyn, Hinds, South Coastal Canterbury
(SCC), Waitaki and Hurunui sub-regions. Each sub-region’s framework includes a comprehensive set of policies and rules to restrict nutrient losses from farming activities.
These include property-based nitrogen limits for farming activities (with a requirement to further reduce nitrogen losses over time) and additionally, for Selwyn, Hinds, SCC and Waitaki the requirement to prepare a Farm Environment Plan (FEP) that is regularly audited by Environment Canterbury.
Plan change 7 to the Canterbury Land and Water Regional Plan (CLWRP) will also introduce similar requirements for the Waimakariri and Orari-Temuka-Opihi-Pareora sub-regions, which will be notified mid-2019.
Our methodology for calculating stream depletion has been improved (previously this was a 30 day test, it is now a 150 day test) and the CLWRP has been updated to reference this methodology. The plan changes to the CLWRP are also working to cap and claw-back allocation in over-allocated catchments, and provide incentives for Water Users Groups and on-farm water storage, so that consent holders work collaboratively and pro-actively to manage their takes before and during water restrictions.
Read the Council’s programme of work for implementing the National Policy Statement for Freshwater Management.
Find out more the Canterbury Land and Water Regional Plan changes.
5. What if any policy has been enacted to make water swimmable;
The Canterbury Regional Policy Statement (CRPS) must be given effect to by Regional and District Council plans.
In Chapter 7 (Fresh Water) it recognises the need for water quality in the region to be improved or maintained at a standard that is suitable for contact recreation. Specifically, policies 7.3.6 and 7.3.7 relate to fresh water quality and land uses.
The Regional Coastal Environment Plan for the Canterbury Region (RCEP) includes rules and policies in Chapter 7 (Coastal Water Quality) which manage activities, primarily discharges, to protect and maintain coastal water quality in the region. Policy 7.2(b) includes a named list of sites where water is managed for contact recreation.
The Canterbury Land and Water Regional (CLWRP) has region-wide objectives, policies, and rules (sections 3, 4 and 5 respectively). The CLWRP supports and gives effect to the CRPS and national standards (such as the National Policy Statement for Freshwater Management).
Many of the policies and rules in the CLWRP regulate activities which have the potential to impact on water quality, such as discharges to water, nutrient management and stock exclusion. Activities impacting on water quantity are also of relevance for achieving/maintaining swimmable water as higher flows contribute to the dilution of any potential contaminants. Some of the policy addressing over-allocation and water quantity is outlined above in the answer to Question 4.
The CLWRP includes Schedule 6 - Areas on Rivers or Lakes Commonly Used for Freshwater Bathing. There are currently 28 listed sites, but Plan Change 7 (scheduled for notification in mid-2019) will propose adding more than 60 additional locations throughout the region. Some activities are specifically prohibited and others restricted discretionary within 1000m upstream of the site to protect the water quality.
Through successive plan changes to the CLWRP catchment-level freshwater outcomes, water quality limits are being set throughout the region. These include a date by which the outcomes must be met, and sub-region specific policies and rules which create a pathway to achieving the outcomes by managing activities which impact water quality and/or quantity.
At present five (of ten) sub-regions have completed the plan change process and two are scheduled for notification mid-2019 as part of Plan Change 7 (Waimakariri and Orari-Temuka-Opihi-Pareora).
6. Can the councillors, with our water at the forefront of your interests tell the public that Environment Canterbury is following the public’s preoccupation with our freshwater quality and quantity?
“ECan remains committed to addressing water quality and quantity. This also remains a key focus for us as Councillors. We are well aware that this is an issue of major concern to the general public throughout Canterbury and I can assure the requester that through the introduction of regional planning regimes and the tightening of nitrogen emission limits, in particular, we are confident of seeing the improvements we seek.”

Additional information can be found on Environment Canterbury’s website about our enforcement approach.

We apply a range of response and enforcement procedures to environmental incidents to remediate any adverse effects and to educate those responsible.

Prosecutions are only one enforcement tool available to us and we typically prosecute only the most serious incidents. 

21 December 2018 - Request for information regarding Albury Coal Mine exploration permit 54846. 

1479C - We received an information request regarding Albury Coal Mine exploration permit 54846. Copies of all documentation, correspondence, reports in relation to site since 1 January 2010. Internal/external correspondence between staff since 1 January 2010. Active RMA consents & consent conditions. List of prosecutions, abatements, and actions for non-compliance.

Request for the following:

  • Any information relating to the Albury mine site, including documentation, correspondence, reports, in relation to the site since 1 January 2010;
  • Any correspondence between Environment Canterbury staff and internal or external correspondents in relation to the site since 1 January 2010;
  • Copies of consents currently in place for this site; and
  • A list of any prosecutions, abatements, or actions for non-compliance at this site since 1 January 2010.
  • In addition, request for any old pre-RMA consents that are still active, and if so, request for copies of these consents.
  • Finally, request for the current conditions for all consented activities at this site.
We have no record of any consents or activities in relation to the Albury coal mine between the closure of the mine in the 1960s and the application made in November 2012.
In response to the request for information, searches were carried out on all of the above, along with the road address of Coal Pit Road to locate information in relation to the Albury coal mine. A search was also completed of Environment Canterbury’s pollution event reporting system which covered the period 1 January 2010 to 1 January 2015. This search produced no notified pollution event in relation to the Albury coal mine.
With regards to enforcement action, there have been no abatement notices, infringements or prosecution action against Rochfort Coal Ltd in relation to the Albury coal mine.
The site was inspected on 4 October 2013 after a request to surrender the consent was received. A compliance monitoring report issued in October 2013 noted non-compliance and set out four actions required to avoid further action. After the report was received there are emails between BTW South Ltd (agent for Rochfort Coal Ltd) and Environment Canterbury staff regarding the completion of the requirements and likely timeframes. A further site visit was carried out on 7 March 2014; at which time the site was marked as fully compliant.
There were also two other compliance monitoring reports prepared in relation to the mine (one in January 2014, following a heavy rain event; and the other in March 2014 at the time of the final site visit).
We are withholding the compliance monitoring reports as we believe that withholding them is necessary in order to protect information that was provided to us in confidence, where making the information available would be likely to prejudice the supply of similar information (in terms of section 7(2)(c)(i) of LGOIMA). We do not believe that the public interest in disclosing this information outweighs the grounds for withholding it.
Rochfort Coal Ltd, applied in November 2012 for a resource consent to undertake bulk sampling of coal deposits located near the disused coal pit in Albury.
The bulk sampling site was and is currently used as part of a pastoral farming activity and the site is legally described as Section 58 Albury Settlement and Part Reserve 2682.
Resource consents CRC132530 and CRC133252 were issued to Rochfort Coal Limited on 21 December 2012 for the discharge of contaminants to land and surface water take. These consents were surrendered/terminated in March 2014. There are no current resource consents in place in relation to the Albury coal mine.
Environment Canterbury has no record of any consents or activities in relation to the Albury coal mine between the closure of the mine in the 1960’s and the application made in November 2012.
6 December 2018 - Request for information regarding odour issues from Tegel chicken farm on McClellands Rd.

1477C - We received an information request regarding issues from Tegel chicken farm on McClellands Rd. Request communication with Tegel, analysis of current & past grower feed.

  • Request for all information Environment Canterbury has compiled for communication with Tegel Chickens.
    No communication has occurred between Environment Canterbury and Tegel Foods until 12/11/18 when the Christchurch manager was contacted to provide the below.
  • Request for all information on the analysis of the Tegel Chicken grower feed that is currently being used on Tegel Farms.
    No analysis of the current or previous feed has been undertaken by Environment Canterbury.
  • Request for previous analysis of the Tegel Chicken grower feed, and a date when this feed was changed to its current formula.
    The Christchurch manager on 12/11/18 confirmed that feed is mainly comprised of wheat, corn and/or soya, along with small traces of minerals. Since August 2018, feed has been comprised of mainly wheat and corn. Feed is not often changed, as it is bought in large bulk quantities from all over the world.
31 July 2018 - Request for information on all breach, abatement, infringement notices (fines) & prosecutions taken against Tegal Foods Ltd & Tegal Group Holdings Ltd since 1960

1377C - We received an information request regarding all breach, abatement, infringement notices (fines) & prosecutions taken against Tegal Foods Ltd & Tegal Group Holdings Ltd since 1960.

Information included is dating back to 2005 as we do not have existing electronic records prior to this date. Information we have preceding this time is incomplete and does not reflect an accurate picture of any action taken against Tegel Foods Limited and Tegel Group Holdings Ltd. You will also appreciate that the Canterbury Regional Council did not exist in its current form prior to 1988.

These documents cover the following periods:

  Period
Abatement notices 01 July 2004 to 14 November 2005
01 July 2006 to 30 June 2018
Infringement notices 01 July 2006 to 30 June 2018
Prosecutions 01 July 2005 to 30 June 2018

Please find attached a spreadsheet (XLSX File, 11.02KB) detailing Pollution Events recorded against Tegel Foods Ltd and Tegel Group Holdings Ltd.

In total, there were five infringements notices issued to Tegel:

 Infringement no. Reference no. Offence date Offence details Infringement amount
296 EN5C/501 16/02/2003 Discharge of contaminant to air $1,000
391 EN5C/673 22/07/2004 Discharge of contaminant to land $1,000
556 EN5C/876 21/02/2006 Discharge of contaminant to land $1,000
557 EN5C/876 21/02/2016 Breach of abatement notice $750
574 EN5C/876 21/04/2006 Breach of abatement notice $750
14 February 2018 - Request for information on water take at Prices Valley Stream
1249C - We received an information request regarding the watertake at Prices Valley Stream. The requested information and our replies are outlined below.

Provide any consent application including the assessment of environment effects of the water take.

No such consent application exists.  The farm at the location you specify is Willesden Farm, although the land parcels are listed in our internal records under the name “Wongan Hills Limited” and “Prices Valley Pastures Ltd”.  The farm address is 207 Kaituna Valley Road.  There are several water permits linked to the name “Wongan Hills”.  However, these are located in the Kaituna Valley rather than in Prices Valley. There are no water permits linked to the owner of this farm.  While there are bores downstream of the location you have provided, these are small water takes for domestic supply.

Provide any monitoring of Prices Valley Stream including calculations of flow parameters, for an assessment of the compliance with the regional water plan of this water take, and for take data.

The regional rules that apply here are 5.111 and 5.113 of the Canterbury Land and Water Regional Plan.  Small streams, such as Prices Valley Stream, which have a flow less than 100l/s, are permitted to take 2m3 /day at a rate of 0.5l/s.  The Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 do not require people who take less than 5 l/s to have a water meter installed or a consent.

Environment Canterbury records water levels at 155 rivers and lakes in Canterbury, and river flow at 132 of these sites.  However, Prices Valley Stream is not currently continuously monitored (although we have taken measurements in the past). We monitor water levels and flows for a number of reasons, including flood warning, consent compliance, and to complement water quality investigations.  This spreadsheet shows the historical data we have for this stream.

5 February 2019 - Request for information regarding incidents of contamination to storm water drains reported within the whole Christchurch City area
1532C - Request for any information. over the past twelve months regarding incidents of contamination to storm water drains reported within the whole Christchurch City area. The types of contaminants would be useful, as would a breakdown of the particular suburbs in which the incidents have occurred.
Also requested has there been a decrease or increase in the number of reported incidents over the past 5, or even 10 years.
Following a subsequent conversation with our Compliance Administration Officer, Regional Support, in which it was explained that as historic data is stored in a different database it would be time consuming to retrieve this information.
29 January 2018 - Request for information on complaints about stock in waterways
1244C - Requestforinformationoncomplaintsaboutstockinwater ways

We received an information request about complaints of stock in waterways in 2015, 2016 and 2017 including the area of the stock in waterways, what action was taken and what type of stock was involved.

Please find here a document containing the information requested.

The tables below provide the specific data for each specific question where appropriate. Event details are provided in the attached document. You can also refer to the specific rules regarding Stock Exclusion (5.68) in the Canterbury Land and Water Plan.

How many complaints have been made to the council about stock being in waterways in 2015, 2016 and 2017.

Please note, in the document two of the 2017 events recorded as ‘noted’ have been substantiated and, although they are within permitted activity, action has been taken to reduce the environmental impact.

  2015 2016 2017
Total Events Reported 113   122 115 
Event forwarded to another agency 5 1 1
Event not substantiated 76 70  57
Event substantiated 32 51 46
In process     11

What was the (approximate) area for which the complaint was made.

Please note that the specific location description is available in the attached document.

 Events by Territorial Authority 2015 2016 2017
Total Events Reported 113   122 115 
Ashburton 10 18 6
Christchurch City 17 24  10
Hurunui 14 19 14
Kaikoura  2 4 2
Mackenzie  11 10
Selwyn  24  18 19
Timaru  21  10 23
Waimakariri  5  11 13
Waimate  5  6 11
Waitaki  4  8 7

What action was taken in response to the complaints made. 

  2015 2016 2017
Total Events Reported 113   122 115 
Abatement Notice 1 1 0
Infringement Notice 0 5 7
No Environmental Impact 0 0 11
Noted  100 70  21
Provided Education  7 41  29
Unable to Attend  0 1
Unable to Locate  0 0 4
Verified but Compliant  0 0 16
Written Warning  5  5 15
In Process 0 0 11

 What type of stock was involved in each complaint

  2015 2016 2017
Total Events Reported 113   122 115 
Cattle 95 108 116
Cattle and Sheep 0 1 4
Stock (Unspecified) 12 10 7
Pig  0 0 1
Deer  2 2 1
Sheep 4 1 4
Horse  0 0 1

Are there any repeat complaints made about the same property.

Please note that where events are not substantiated, an alleged offender or address cannot be confirmed. With this in mind, we can confirm the following:

  • Of the abatement notices issued in relation to stock in waterways across the three years, there were no repeat offenders or locations
  • Of the infringement notices issued for 2016 and 2017 in relation to stock in waterways there were not repeat offenders or locations
  • Of the written warnings issued in 2017 in relation to stock in waterways, three were from lots in close proximity with different occupiers.  No written warnings for 2015, 2016 and 2017 were for the same offender or location.
  • Across 2015, 2016 and 2017, some (approximate) locations have repeat unrelated events.

In 2016/17 we worked with Fish and Game to develop a new response protocol and to set targets around stock-in-waterways complaints.  This new protocol has resulted in more complaints being responded to in person, more enforcement action and, most importantly, more stock kept out of the waterways.

23 January 2018 - Request for information on feedlots in Canterbury
1238C - Request for information on odour complaints
We received an information request for odour complaints relating to 122 Aorgani Road in Washdyke. The below spreadsheet contains odour complaints made from 01/12/16 to 12/12/17 for the aforementioned address. In total, there were 73 pollution events with a total of 235 complaints.

Please note that information has been redacted in order to protect the privacy of individuals and in order to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between officers pursuant to section 7(2)(a) and 7(2)(f)(i) of LGOIMA.

5 May 2017 - Request for information on feedlots in Canterbury
1089C - We received an information request on feedlots in Canterbury.
The requestor’s specific questions and our responses are outlined below.

Note: Feedlots here refer to operations where cattle are kept in confined areas for long periods of time and feed (typically grain) is brought in and fed to them in troughs.
These operations typically trigger our Stock Holding Areas and Animal Effluent rules which are designed to manage effluent discharges from these intensive operations. They often also require other consents to manage air discharges and water use.

This response does not include dairy operations which have housed cows (commonly known as cow barns), or fodder operations whereby stock (not just dairy cows) are given access to crops which they strip graze typically to the point where bare earth is exposed.

Pig farming operations are also not included in this response.

How many feedlots currently operating in the Canterbury region, and what are their locations.

There are currently three consented feedlots in Canterbury as follows.

Feedlots Consent number for discharge of effluent Location Number of cattle (consented)
Five Star Beef CRC030686  cnr Seaside Rd and Fitzgerald Rd, Wakanui, Ashburton  19,000
Lees Valley Station LLC CRC158047 Raineys Rd, View Hill, Waimakariri 2000
Te Mania Livestock Ltd CRC952306.1 290 Saint David Rd, Conway Flat, Hurunui 350 (not always operational)

These three feedlots are consented for a total of 21,350 beef cattle.

What monitoring is undertaken by Environment Canterbury on farms with feedlots?

Environment Canterbury uses a risk analysis to drive all compliance activity in Canterbury.  All feedlots are considered high risk due to their intensive nature and are therefore typically monitored at least annually. Monitoring visits are planned by our Resource Management Officers and include an assessment of the holder’s compliance with each condition of the relevant resource consent.  Such visits can be pre-arranged or sometimes are unannounced.

The consents for these operations require consent holders to undertake periodic testing for a range of indicators and to report annually to Environment Canterbury on the results of those tests. The testing and monitoring regime for feedlots is more onerous than the regimes required of other farms.

All consented feedlots have an annual reporting component documenting the contaminants being discharged to confirm that they are within acceptable limits. When these reports are submitted we check them against those limits and when they are not submitted we follow up.

What rules exist in Environment Canterbury plans regarding the operation of feedlots?

The relevant rules in our regional plans include the Stock Holding Areas and Animal Effluent rules in the Land and Water Regional Plan (LWRP Rules 5.31-5.37) and the Intensive Farming in the Canterbury Regional Air plan (CARP Rules 7.70 & 7.71).

What instances there have been of feedlots in Canterbury breaking the rules in the last year, and how any breaches have been remedied?

We are not aware of any non-compliances associated with the three consented operations in the last year that may result in an adverse effect.

19 December 2017 - Request for information on odour complaints from 40 Metro Place, Bromley, Christchurch during November 2017.
1226C - We received an information request for any odour complaints for 40 Metro Place during November 2017.

This spreadsheet details all investigations into odour complaints at the specified address within the timeline requested.

19 December 2017 - Request for information on freedom camping.
1235C - We received an information request pertaining to freedom camping bylaws.

Environment Canterbury does not have any freedom camping bylaws. Such bylaws would be set by a territorial authority.  In the Regional Parks that Environment Canterbury manages any freedom camping bylaws set by territorial authorities would apply.

Environment Canterbury does have freedom camping policies in each of our Regional Park areas.  These policies cover, for example, rubbish disposal, self-containment and maximum stay periods.

We also have some more developed park areas at the Waimakariri River where gates are closed at night time and camping is not permitted behind those gates.  At Lake Tekapo Regional Park, we work with the Lake Tekapo Incorporated Society to provide a motorhome camping area, although this is restricted to members of the camping association.

Find out more about the Regional Parks we manage including information on camping.

14 December 2017 - Request for information about odour complaints made in relation to Patoa Farms, Hurunui.
1223C - We received an information request regarding any complaints in relation to Patoa Farms, in particular any complaints relating to resource consent CRC121636.  This spreadsheet documents complaints made from 06/08/17 to 30/10/2017 as requested.
Please note that information has been redacted in order to protect the privacy of individuals and in order to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between officers pursuant to section 7(2)(a) and 7(2)(f)(i) of LGOIMA.
6 December 2017 - Request for information on water takes containing requirements for fish screens
1219C - We received an information request regarding the number of water takes in Canterbury, how many of those have requirements for fish screens, how many of those have monitoring and how many take-holders have submitted evidence of monitoring.  The requestor also asked for details of enforcement or prosecution proceedings taken by Environment Canterbury over the last five years for failure to meet requirements.

All surface water abstractions in Canterbury have an obligation to make sure both native and sports fish are not being adversely affected.  The fish exclusion obligations are typically laid out as conditions on the water take consents. These consent conditions have varied over time and depend on the size and effects of the consents.

To assist the irrigation industry and provide guidance on what is considered a suitable fish screen for Canterbury, in 2007 Environment Canterbury convened a fish screen working party consisting of experts from Irrigation NZ, the Department of Conservation, NIWA, and the Council.  This group produced the Fish Screening: good practice guidelines for Canterbury.

The current Regional Plan has drawn on this Guidance and in schedule 2 of the plan lays out the pre-requisites for a compliant fish screen. It is compliance with both what is written on the consents as well as these guidelines that officers check for when determining compliance.

In recent times, public concern about compliance has resulted in a review of how we prioritise our activity in this critical area of Resource Management.  This has resulted in a programme being implemented to check all regionally significant consents to ensure the biggest resource users in Canterbury are making every effort to comply with their obligations.  As part of this programme, we will be visiting all large surface water consents this year to ensure they comply with their fish screen conditions.

How many water takes are there in Canterbury, and of those how many contain requirements for fish screens?

There are approximately 1665 surface water takes in Canterbury and all will have an obligation to exclude fish in one form or another. Of this number, there are 297 that we consider regionally significant as they are the larger abstractions of >100L/s.

How many of those takes requiring fish screens have mandated monitoring, as part of the take?

There are 229 consents with specific conditions that require the consent holder to submit information to assure us the fish screen has been installed in compliance with agreed design specifications (e.g. Fish Screening: good practice guidelines for Canterbury) and/or tested after being constructed. These are typically the ones for larger abstractions with increased risk. The remaining consents will have a variety of conditions on them depending on when they were granted but all will require fish to be excluded in some way.

Out of those, how many take-holders have submitted evidence of monitoring?

The information on our database indicates 53 of the 229 have been assessed as fully compliant with the condition that requires them to submit information to demonstrate their fish screens have been installed correctly. Of the remaining, 28 were considered non-compliant and 148 either were not operational or not monitored specifically at the time of the last visit.  This does not necessarily mean they do not comply, just that they have not been assessed yet.  As mentioned above, we will be rolling out a programme to check many of these this year.

Provide details on enforcement or prosecution proceedings taken by Environment Canterbury over the last five years for failure to meet requirements for fish screens in takes.

Environment Canterbury has not taken any enforcement over fish screens in the last five years.

27 November 2017 - Request for information regarding effluent and pollution spills into waterways
1211C - We received a request for information regarding effluent and pollutions spills into waterways. Below are the questions the requestor asked and our answers.

The LGOIMA response will be published along with a summary of the request. Personal information will be removed from the request and from the response.

Table 1: All urban and rural pollution incidents into waterways

  2015 2016 2017
Urban 46 87 77
Rural 138 142 155

Provide examples of where these urban spills originated from, how many were subject to enforcement action and what the penalties were.

Most urban spills are from building and construction activity where sediment and other contaminants such as paint enters the stormwater system and then urban waterways. Other common spills are from industrial sites where contaminants have been spilt and washed into waterways via the stormwater system. Most often we are alerted to these via our 24 Hour Pollution Hotline complaints system. Most urban enforcement for waterway pollution results from us responding to complaints received from the public by our Pollution Hotline for unauthorised one-off spills i.e. they are not associated with existing resource consents. 

Table 2: Urban enforcement 

  2015 2016 2017
Formal warnings 3 4 6
Abatement notices 1 8 4
Infringements 7 14 3
Prosecutions 2 0 0
Total fines $4,500 $ 10,000 $ 2,7500

Provide examples of where these rural spills originated from, how many were subject to enforcement action and what were the penalties?

Most spills in the rural area are caused by poor dairy effluent management or earthworks and stock management in or adjacent to waterways that result in sediment discharges. As noted above, the rural numbers reflect industrial activities that are also located in rural areas, not just farming related activities.

Most rural enforcement results from non-compliance with activities that have resource consents.  These non-compliances are detected via compliance programmes that mainly involve checking of resource consents to discharge dairy effluent or factories located in the rural area.

Table 3: Rural enforcement

  2015 2016 2017
Formal warnings 6 5 8
Abatement notices 34 43 17
Infringements 30 23 50
Prosecutions 1 2 3
Total fines $18,250 $ 15,250 $ 34,750

Provide comment regarding the consistency of Environment Canterbury’s approach to effluent or pollution spills into urban waterways and into rural waterways.

Environment Canterbury approaches all pollution events in the same manner, and RMA compliance and enforcement is undertaken in accordance with the principles contained in the Compliance Monitoring and Enforcement Guidelines 2010. This is to make sure compliance and enforcement work is treated equally and rules are applied fairly across the Canterbury region. All decisions to prosecute are made in accordance with the Solicitor General’s Prosecution Guidelines.

Provide comment regarding measures being adopted by Environment Canterbury to prevent the pollution of urban waterways.

Environment Canterbury adopts various measures to prevent spills into urban waterways. We rely on both statutory (e.g. rules in plans) and non-statutory methods (e.g. advertising and community engagement activities). The Canterbury Water Management Strategy (CWMS) and the development of local water Zone Implementation Programmes (ZIPs) by the communities across Canterbury also address water quality in urban settings and each ZIP has targets around this.

We also prioritise our compliance effort based on risk, meaning we assess the risk for every consent and look more closely at those that pose the highest risk.

One key area of focus in the urban setting is stormwater discharges from our cities and towns as most pollution enters our waterways via the stormwater network. We work with local councils to manage their networks and under the Land and Water Regional Plan all urban centres are expected to hold resource consents to manage the risks associated with discharges into their stormwater networks.

We also carry out enforcement if it is deemed necessary to reinforce the message that discharges to water contrary to the rules and our community expectations are not acceptable.

Provide comment regarding measures being adopted by Environment Canterbury to prevent the pollution of rural waterways.

Most of the steps outlined above regarding statutory and non-statutory methods apply also in the rural setting.  The Land and Water Regional Plan contains rules to manage discharges to water and the CWMS and ZIPs have targets on water quality in the rural setting.

We also prioritise our compliance effort based on risk, meaning we assess the risk for every consent and look more closely at those that pose the highest risk.
The key area of focus in the rural setting is farming to Good Management Practices (GMPs).  The farming Industry developed a set of GMPs, which we will be requiring farmers to meet through implementing Farm Environment Plans.

The Farm Environment Plans are audited by qualified independent auditors.  A key part of meeting GMP is making sure pollution is not running off farms and getting into waterways from dairy effluent systems or from stock access to waterways.

15 November 2017 - Request for information on complaints made to the Pollution Hotline in relation to the composting operation at Canterbury Landscape Supplies
1208C - We received an information request for all complaints made to the Environment Canterbury Pollution Hotline regarding the composting operation of Canterbury Landscape Supplies.

Here is a spreadsheet of complaints made in relation made to this address. Please note that “not substantiated” means that we were unable to establish that there was an issue. There may be some instances, for example, where we were unable to attend.

Please also note that information has been redacted in order to protect the privacy of individuals and in order to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between officers pursuant to section 7(2)(a) and 7(2)(f)(i) of LGOIMA.

2 November 2017 - Request for information on a non-compliance issued to Rangitata Diversion Race
1197C - We received a request for information on a grading of significant non-compliance issued to Rangitata Diversion Race Management Ltd. The requestor’s specific queries and our answers are outlined below.

Did the non-compliance relate to fish screening? If there was a grading given was a time limit placed on remediation?

In November 2015, we issued RDRML with a grading of ‘significant non-compliance’ due to the fish screen failing to meet the consent requirements. However, since then significant progress has been made, including an agreement to replace the fish screen with a new design within two years, which has led one of our Resource Management Officers to recently issue a grading of ‘compliance’.
The ‘compliant’ grade was issued after a visit by a Resource Management Officer in November 2016 and, given the progress in working towards a replacement fish screen, he considered the fish screen to now be compliant with RDRML’s consent conditions.

That condition provides: The consent holder shall take such measures as are appropriate to ensure that, so far as is reasonably practicable, juvenile salmon are excluded from the body of the diversion race and are returned to the river.

To that end:

  • a. Within 18 months from the commencement of this consent, the consent holder shall install and commission a Bio-acoustic Fish Guidance system for the purpose of diverting as far as practicable migrating salmon smolt to the Rangitata River. That system shall be generally as outlined in the evidence presented on 14 February 2003 by Charles Paul Mitchell, Consultant Biologist;
  • b. Within three years of the commencement of this consent the consent holder shall provide the consent authority with a report, prepared by a person appropriately qualified and experienced in freshwater fisheries biology, detailing the extent to which the system referred to in paragraph (a) above is meeting the object of this condition and making recommendations, if such are thought by that person to be necessary, as to the way in which that object may better be met;
  • c. At any time within the fourth year of this consent and during every fourth year thereafter the consent authority may review this condition (pursuant to section 128) for the purpose of determining what steps should be taken by the consent holder so as better to achieve the object of this condition;
  • d. The consent holder may at any time apply to the consent authority for a change to this condition, but for the sole purpose of the better achievement of its object.
The RMO’s rationale for the grading is as follows:

"The BAFF screen located upstream of the sand trap has been a topic of controversy since construction.  The fish prevention screen has not met expectations and is in need of improvement. However, given the large financial investment made by RDRML into the BAFF and research involved, willingness to work with Fish and Game and other interested parties since first exercise of this condition, the lodgement of a consent application for a new replacement screen and intent of upgrade in the next 2 years including eventual replacement, I have graded this consent condition compliant.  It must be noted that RDRML have a consent application in process to construct a storage pond, which is currently in 'hearing' process. Part of this consent application includes a brand new fish screen by pass.  If the new consent application does not pass, RDRML still intend to upgrade the BAFF in the 2 year timeframe."

RDRML’s current fish screen is not as effective as initially anticipated but an action plan for fish screen construction is in place. In addition, the consent holder has applied for consent to install a new fish screen. RDRML have carried out further investigations into fish screens, including a study tour to North America, and have identified a mechanical screen which I understand costs around $8 million and is expected to deliver a much higher level of performance than originally expected from their current BAFF screen.

Is there a time limit on remediation?

RDRML has undertaken to improve its fish screens by November 2018. This deadline relating to mitigation has not changed. Should RDRML not meet this deadline, that is, if they do not have a fully working fish screen in place, this matter would be treated as a significant non-compliance.

If needed, Environment Canterbury could issue an abatement notice or use one of its other statutory enforcement tools to ensure that RDRML meet their commitments. Alternatively, the consent conditions state that Environment Canterbury can initiate a formal review if the fish screen fails to live up to expectations.

Condition 5 states that ‘at any time within the fourth year and every fourth year thereafter the consent authority may review this condition (Section 128)’. This term ends January 2019, so if the fish screen agreement start date is November 2016 with a 2 year deadline, it all falls into place for reviewing the new (proposed) screen before the consent review date.

We are confident that there is a genuine commitment (as set out in the compliance report) to RDRML developing an alternative and superior screening system to the BAFF.  RDRML have spent considerable time and effort on the design siting and structure to date, and have been in widespread dialogue (without prejudice) with both Environment Canterbury staff, and with key stakeholders, including Fish & Game, Salmon anglers and rūnanga..

14 September 2017 - Request for documents on hazardous chemicals and leachates leaking from Kyle Park, and copies of resource consents related to Chalmers Street
1166C - We received an information request for all documents and knowledge on hazardous chemicals and leachates leaking from the Smarts Road rubbish pit to the Heathcote River catchment. Copies of any resource consents we hold regarding Chalmers Street around the loading and unloading of goods service vehicles were also requested.

Hazardous chemicals and leachates leaking from the Smarts Road rubbish pit

There are no relevant resource consents at the Kyle Park site. We are aware it was an active landfill from approximately 1960 to 1984.  The stormwater discharge from the site is authorised by the South West Global Stormwater Consent CRC120223 which is held by the Christchurch City Council.  We have no investigations on record relating to hazardous substances or leachate from the site.

Resource consents related to Chalmers Street

There are no resource consents required for the loading/unloading of goods and services vehicles.  Environment Canterbury has controls (rules) on the use of land to store hazardous substances. Rule 5.179 and 5.181 of the Canterbury Land and Water Regional Plan seem the most relevant as they permit the use of land to store hazardous substances.  This means that where certain conditions are met, land may be used for storage of hazardous substances and no resource consent is necessary.  These rules are as follows: Rule 5.179 and 5.181 of the Canterbury Land and Water Regional Plan seem the most relevant as they permit the use of land to store hazardous substances. This means that where certain conditions are met, land may be used for storage of hazardous substances and no resource consent is necessary.  These rules are as follows:

5.179 The use of land for the storage in a portable container and use of a hazardous substance listed in Part A of Schedule 4 is a permitted activity, provided the following conditions are met:

  1. The substance is approved under the Hazardous Substances and New Organisms Act 1996 and the storage and use of the substance is in accordance with all conditions of the approval; and
  2. The container(s) are not located within:
    a. 20 m of a surface water body or a bore; or
    b. a Group or Community Drinking-water Protection Zone as set out in Schedule 1.

(Portable container is defined as: one or more containers of petrol, kerosene or diesel used for refuelling and the container(s) is fixed to a vehicle, towed by a vehicle or transported by helicopter, but does not comprise part of the inbuilt fuel system required to power a vehicle or machine).

5.181 The use of land for the storage, other than in a portable container, and use of a hazardous substance listed in Part A of Schedule 4 is a permitted activity, provided the following conditions are met:

  1. The substance is approved under the Hazardous Substances and New Organisms Act 1996 and the storage and use of the substance is in accordance with all conditions of the approval; and
  2. A current inventory of all hazardous substances on the site is maintained, and a copy of the inventory shall be made available to the CRC or emergency services on request; and
  3. For hazardous substances stored or held on or over land, all areas or installations used to store or hold hazardous substances are inspected at least once per month or annually if the site is outside of any area or zone identified in a proposed or operative district plan for residential, commercial or industrial purposes and is unstaffed, and repaired or maintained if any defects are found that may compromise the containment of the hazardous substance; and
  4. For hazardous substances stored or held in a container located in or under land:
    a) if there has been any physical loss of product, then the Canterbury Regional Council shall be notified within 24 hours of confirmation of the loss; and
    b) records of stock reconciliations over the past 12 months shall be made available to the CRC upon request. If requested, a copy of the stock reconciliation and the most recent certification of the container     shall be provided to the CRC within five working days; and
  5. For substances stored within a Community Drinking-water Protection Zone as set out in Schedule 1:
    a) all hazardous substances on a site are stored under cover in a facility which is designed, constructed and managed to contain a leak or spill and allow the leaked or spilled substance to either be collected or lawfully disposed of; and
    b) spill kits to contain or absorb a spilt substance are located with the storage facility and use areas at all times and
  6. Except where the storage was lawfully established before 4 July 2004 and the maximum quantity stored has not increased since that date, or the storage relates to transformers and other equipment associated with electricity infrastructure, the substances shall not be stored within:
    a) 20 m of a surface water body or a bore used for water abstraction; or
    b) 250 m of a known active fault that has a recurrence period of less than 10,000 years, and the land is:
    i. over an unconfined or semi-confined aquifer;
    ii. within 50m of a permanently or intermittently flowing river or lake.
4 October 2017 - Request for information on consent applications for Canterbury Landscape Supplies.
1196C - We received an information request for consent applications for Canterbury Landscape Supplies (CLS). The requestor’s specific queries and our responses are outlined below.
Please provide a copy of Environment Canterbury’s report on its consideration of CLS’s consent applications.

Please find this report here. Please note that information has been redacted in order to protect the privacy of individuals and in order to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between officers pursuant to section 7(2)(a) and 7(2)(f)(i) of LGOIMA.

Please provide more specific information on the progression through the courts of CLS’s abatement notice appeal.

There are two aspects to CLS’s appeal to the abatement notice – the first is the Court’s decision on whether the abatement notice should be stayed (that is, whether it should stay in place in the interim while the Court makes a full decision on the notice). The second aspect is that full decision on whether the notice is valid.

The first aspect, the stay application, will be dealt with by the court on the papers (that is, without any hearing) at some time after 2 October which is the date by which CLS has a right of reply to any oppositions filed on their applications for a stay.

As for the second aspect, the court has directed the appeal be directed to mediation in the first instance but has not given a date for a mediation conference. (In the Environment Court jurisdiction, matters are often mediated with the parties resolving the issues between themselves without the need for a hearing and judgment.) In this case, Environment Canterbury has said it will go to mediation. CLS has yet to advise the court whether or not it will go to mediation or wishes to proceed directly to a hearing on the Abatement notice.
What remedies is Environment Canterbury able to exercise in the interim.

Environment Canterbury will continue to proactively and reactively monitor the site and act accordingly should there be a substantiated odour.

How many complaints has Environment Canterbury received on CLS composting?

As of 27 September 2017 we have received 130 complaints relating to 73 pollution incidents.

30 August 2017 - Request for information on dairy prosecutions, abatement notices and infringement notices issued by Environment Canterbury in the year ended 30 June 2017
1157C - We received an information request regarding dairy prosecutions, abatement notices and infringement notices issues in the year ending 30 June 2017.
There are 1,309 dairy effluent consents for farms in the Canterbury region. Environment Canterbury’s role is to make sure the operation of the dairy effluent consents associated with these farms does not unduly impact on water quality throughout the region.
For the 2016/17 financial year, Environment Canterbury staff conducted 953 inspections against 790 dairy effluent consents.  This equates to 60% of dairy effluent consents being directly monitored by council staff.  In addition, through the Farm Environment Plan programme, independent auditors have carried out audits on another 196 dairy farms in the 2016/17 financial year.
The majority of these inspections (over 90%) were conducted on site.  The remainder were conducted by assessing information that was sent to Environment Canterbury by the consent holders.  Environment Canterbury has no obligation to advise the consent holder in advance of an inspection, but the council generally provides between 15 minutes and 2 days’ notice, depending on the circumstances around the inspection.
In the year 2016/17 we took 25 enforcement actions against the holders of dairy discharge consents. We prosecuted three parties in one prosecution during this period relating to dairy effluent overflowing from a pond into a paddock at one farm.  These prosecutions resulted in $58,000 in fines to two companies (Mairangi Diaries Limited and A&H Dairies Limited). A director of A&H Dairies, Mr Shaskey, was discharged without conviction in the year 2017/18.
Last season we continued to meet our obligation to monitor compliance with dairy effluent discharge consents.  We also took steps to educate and to work with farmers dealing with the season’s many challenges, including the earthquakes in Hurunui and Kaikoura.

Number of Dairy Farm Prosecutions, Abatement Notices and Infringement Notices for the 2015/16 Year

Infringement Notices: 19

Abatement Notices: 1

Prosecutions commenced: 1

Prosecutions resolved: 1

Enforcement action can include the following actions:

  • Formal written warning – notice of an offence (often minor)
  • Abatement notice – formal notice to take action or cease an activity that may have an adverse environmental effect or breaches the Resource Management Act
  • Infringement notice – formal notice of an offence which includes payment of a fine
  • Prosecution – for offences so serious that they warrant proceedings through the courts

It is important to note that the type of enforcement action taken depends on the situation.

Environment Canterbury’s first response is to work with individuals and businesses to achieve the right environmental outcome.  For every significant non-compliance, we, at the very least, have an action plan with the consent holder.  The vast majority of non-compliance is resolved with the cooperation of the consent holder and doesn’t require further action.

We are continually looking at our procedures to ensure we respond to complaints in a timely manner, resolve the issue quickly, and take enforcement action where appropriate.  We are sometimes criticised for not prosecuting those who breach consent requirements or rules.  More value and better outcomes are achieved through advice and education.  If education does not get the right result, there are a number of tools available to us (as noted above) that we would use before we reach the prosecution stage. We will prosecute when we need to and we know we have the community’s mandate to do so.

29 August 2017 - Request for information regarding territorial authorities’ compliance with resource consents relating to the sewerage and stormwater systems

1173C - We received the following questions regarding Canterbury territorial authorities’ stormwater and sewerage systems compliance for the year ending 30 June 2017.

How many abatement notices, infringement notices, enforcement orders and convictions relating to its sewerage discharge system?

There have been no abatement or infringement notices issued, enforcement orders or prosecutions in relation to sewerage or stormwater systems for the following territorial authorities:

  • Ashburton District Council
  • Christchurch City Council
  • Hurunui District Council
  • Kaikōura District Council
  • Mackenzie District Council
  • Selwyn District Council
  • Timaru District Council
  • Waimakariri District Council
  • Waimate District Council
  • Waitaki District Council

The following significant issues have been noted in relation to sewerage or stormwater resource consents:

Christchurch City Council

  • CRC092692 Avon and Heathcote Rivers – discharging in non-consented locations and at greater frequency than consented. Note that a non-enforcement agreement is in place until October 2017.
  • CRC120223 Southwest stormwater consent – absence of stormwater mitigation infrastructure on the Redmond Spur development.
  • CRC940690A Lyttelton wastewater treatment plant – overflows of untreated sewerage in wet weather (see also CRC167412 for replacement pipeline consent).

Mackenzie District Council

  • CRC042914 Tekapo oxidation ponds – effluent discharge entering the Tekapo River

Timaru District Council

  • CRC164341 Temuka Oxidation Ponds – factory discharge of cleaning product destroyed the active bacteria in the ponds (now compliant).

Were all consent conditions met at Kate Valley landfill for the year ending 30 June 2017?

No consent conditions have been non-compliant for the landfill at Kate Valley.

How many breaches of consent conditions leading to significant adverse effects for treatment and disposal of sewage and the stormwater system at Waimakariri District Council?

No additional significant adverse effects have been identified as a result of the Waimakariri District Council sewerage or stormwater resource consents.

9 May 2017 - Request for information about Section 33 RMA Transfers
1108C - We received an information request regarding Section 33 of the Resource Management Act - Transfer of powers. The requester’s specific questions are listed below with our replies.
Have any transfers of power been made by the council through section 33 RMA since 2015?

We have made no transfers to iwi since 2015.

Are any methods outside of Section 33 RMA used to transfer any duties or functions to authorities other than the council?

Environment Canterbury works very closely with Ngāi Tahu on a wide range of resource management issues.

Environment Canterbury has a co-governance arrangement with Ngāi Tahu around Te Waihora/Lake Ellesmere and is supported by the Whakaora Te Waihora programme.

Environment Canterbury works in partnership with Ngāi Tahu through the Tuia programme. This is about working together to achieve better outcomes for everyone. It’s about relationships, mutual respect, shared understandings and shared values. Working in partnership in this way means that we can create a sustainable environment for current and future generations – together.

Has the council been approached by iwi for any transfers under section 33, and if these were never progressed what the reasons for this were?

No, we have not been approached by iwi for any transfers under section 33 of the RMA since 2015.

27 February 2017 - Request for information regarding the Yaldhurst Quarries
1071C - We received a request for information about cattle that had been observed alongside the Hurunui River. Environment Canterbury decided not to take any action against the owner operators in relation to a complaint about these cattle. This decision was the result of a number of considerations which are outlined below.  
We received a request for information regarding the quarries in Yaldhurst. Below are charts with information regarding public complaints:
  1. All public complaints on groundwater in the last 5 years in the Yaldhurst area
  2. All public complaints about dust in the last 5 years in the Yaldhurst area
Information regarding borehole monitoring results was also requested, however, this information is too large to put on our website. If you would like a copy of the monitoring results please contact us at LGOIMA@ecan.govt.nz.
Also requested was our staff’s comments on Air Quality Investigation Yaldhurst Quarries, Report No R16/30. This is an Environment Canterbury report carried out by our staff (in the Environmental Sciences Section) and stands on its own merits.
The study was undertaken to determine if there was a dust issue in the area. While the report identified that dust was an issue, it was unable to identify its source. For this reason, subsequent investigations were undertaken. However, intensive visual monitoring could not identify the visible dust. Residents reported that it was fine particulate, invisible to the eye, which was the on-going problem. For this reason, continuous fine particulate monitoring is being scheduled.
We have since been advised by at least one resident that it is not the day-to-day dust which is causing problems, but the cumulative build up on his property, and that this is causing health effects.
This matter has been referred to Alistair Humphrey, Canterbury Medical Officer of Health, while we continue to pursue continuous fine particulate monitoring.
17 February 2017 - Request for information about complaints by Environment Canterbury regarding air discharge permit held by Southern Horticultural Products Limited (intelligro) at 1366 & 1394 Main South Road, Rolleston
1069C - We received an information request about complaints received by Environment Canterbury regarding air discharge permit held by Southern Horticultural Products Limited (intelligro) at 1366 & 1394 Main South Road, Rolleston. 
Attached is a list of all the complaints for the address.
Some information has been redacted in order to protect the privacy of individuals and in order to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between officers pursuant to section 7(2)(a) and 7(2)(f)(i) of LGOIMA.
13 February 2017 - Request for information regarding the effectiveness of Rangitata Diversion Race Ltd’s fish screens
1068C - We received an information request regarding the effectiveness of Rangitata Diversion Race Ltd’s fish screens. Below are the specific questions that were asked and our reply.  
What work Environment Canterbury has done recently to ensure that any fish screens on, or near the RDR intake are effective in ensuring native fish, salmon and trout remain in the river?
After receiving a report by Ryder Consulting in 2015 (see attached) showing the fish screen cannot achieve the efficiency promised during the consent hearing in 2007, despite a great deal of effort and money being spent on improvements, we issued a Compliance Monitoring Report to RDRML rating the consent as significantly non-compliant.
This initiated a series of meetings between RDRML and Environment Canterbury, resulting in RDRML agreeing to replace the screen with one that functions adequately within two years.
This will be a significant investment by RDR, and Environment Canterbury is pleased with the outcome as it negates the need for further action. We understand Central South Island Fish and Game are also pleased with this outcome. RDRML are currently investigating design options for the new screen.
How effective does Environment Canterbury consider the fish screens on the RDR scheme to be and why?
We consider the Bio Acoustic Fish Fence (BAFF) screen on the Rangitata water take to be largely ineffective, as indicated by the Ryder report. We agree with the reasoning in the report as to why it is only on average 33% efficient.
What independent research and/or monitoring information for the Rangitata and the RDR scheme is available to show that the screens are effective; and if none is available, on what other Canterbury irrigations schemes have fish screens of the same or similar design to those used on the RDR scheme been shown to be effective?
Please refer to the Ryder report for independent monitoring showing the screen is not an effective barrier to fish. There are no other bio-acoustic fish screens similar to that used by RDRML in Canterbury.
What is Environment Canterbury’s view is of recent research information, in particular, NIWA reports which questions the effectiveness of the screens and Environment Canterbury testing using “mixed vegetables”?
We have not endorsed the use of “mixed vegetables” as a methodology of testing fish screens.
What abatement or other enforcement action Environment Canterbury has taken should the RDR fish screens prove ineffective?
In fact, no enforcement actions have been taken and we deem none to be necessary at this stage, given that RDRMLhave agreed to replace their screen within two years, as explained above.
This is the outcome all parties want, and it is the outcome that Environment Canterbury is focused on.
Does RDR’s resource consent allow the entrapment and death of native fish and trout and salmon, and if so, to what scale?
In essence, yes, it was always envisaged that some fish would get through the RDRML fish screen. At the consent hearing it was promised to be 80% efficient, therefore there was always an expectation that 20% of fish that enter the diversion may end up in the races and not go down the bypass and back into the Rangitata River.
It is widely accepted that no fish screen is 100% effective, especially given some native fish will make efforts to climb around barriers. However, the fact that the screen has failed to meet expectations is of huge concern to Environment Canterbury and is the reason why we have pursued RDRML to build a new one, which they have agreed to do.
13 February 2017 - Request for information on Selwyn River groundwater management
1067C - We received a request for information regarding irrigation and groundwater management at the Selwyn River. The requester’s questions and our replies are outlined below.
Who monitors the farmers’ irrigation levels and compliance to the restrictions and how often action is taken for noncomplying farmers?
Monitoring is primarily carried out by our Resource Management Officers within the Compliance team.
The attached Compliance Monitoring Selwyn Zone Report 2015-2016 shows that during this time there were 14 formal warnings, 10 infringement notices and 24 abatement notices issued by way of enforcement action.
Why does Environment Canterbury allows irrigation to take place on hot northwest days when thousands of litres of water are blown away to evaporate?
It is about maximising grass growth. Farmers need to irrigate on these days to keep up with soil moisture demand, especially during days when there is a hot northwest wind blowing. Many farmers will irrigate 24/7 to cope with the demand, as long as they have legal access to water.
All water permits/consents contain limits on how much water can be used (including limits on rate of take, limits on total water volumes and low flow restrictions) and as long as consent holders are not exceeding soil moisture levels (losing water below the root zone) and not irrigating unproductive areas such as roads and other hardstand, they are permitted to irrigate within these consent limits. If irrigation was restricted to non-windy days the rate of application would need to be much greater when irrigation does occur, needing bigger pumps, bigger pipes and higher rate of take, which could be significant if water is taken from surface water.
Our Land Management Advisors work with farmers and industry groups across the region on efficient use of irrigation as a good management practice (GMP). Several irrigation GMP-focused workshops were held with farmers in 2016 and more are planned in the future.
Are records available to show any proof that Environment Canterbury visits farms to check on compliance?
A Compliance Monitoring Report is produced every site visit and this is recorded on our database.
What are the irrigation restrictions listed on Canterbury Waters website specifically for the Selwyn district and affecting the farms from Glentunnel to Lake Ellesmere?
Details about these irrigation restrictions can be found here.
Are any new consents being approved for bores that will further impact the groundwater levels in the Selwyn District?
There were no consents issued in 2016 for consumptive water takes that would impact groundwater levels. This is because it is now a prohibited activity in the new Land and Water Regional Plan (LWRP) to take water from a groundwater zone that is over-allocated, such as the Selwyn-Waihora groundwater zone.
Who is monitoring the nitrogen levels on farmland close to the river?
Nitrogen levels in the groundwater and surface water are being monitored by a network of regional monitoring bores and sampling that Environment Canterbury undertakes. At a farm level, N-losses are being monitored through the use of resource consents and Farm Environment Plans (FEPs). The Selwyn-Waihora Plan, which forms part of the Land and Water Regional Plan, requires about 900 high leaching farms in the zone to obtain resource consents and develop Farm Environment Plans. These plans will require farmers to check their N-losses every year via the use of the Overseer nutrient loss model. The FEPs will be audited and through this process we will check their N-losses. We will also monitor the cumulative losses from all farms against the catchment load limit that has been set in the Selwyn-Waihora Plan.
What action is Environment Canterbury taking now and in the future to achieve improvements in flows down the Selwyn River?
Along with the actions outlined above, which are intended to stop any more water consents being issued from an over-allocated aquifer, improve efficiency of water use and reduce nutrient leaching, we have policies in the Selwyn-Waihora sub-regional plan to move irrigators away from groundwater and into Alpine-fed surface water. The Central Plains Water scheme is an example of this. This scheme takes Alpine water stored during high flows in Lake Coleridge and distributes it to over 20,000 Ha (stage 1) of farmland in the zone. Using this surface water means there will be more groundwater in the aquifer, which will in turn supply the springs, which feed the plains’ rivers such as the Selwyn. One last direct action is that under the new plan if someone wants to transfer a water permit to another location they will need to surrender 50% of the water allocated. It is hoped by using the interventions above the flows in the plains’ rivers, especially the Selwyn River, will improve over time.
24 January 2017 - Request for information in relation to Tegel Foods Ltd for the operation of a poultry processing plant
1056C - We received an information request for the following information we hold regarding consents granted to Tegel Foods Ltd for the operation of a poultry processing plant:
  • the decision/s to grant the discharge consent(s); and
  • any correspondence, documents or other information concerning the operation of the plant, compliance with consent conditions, complaints about odour discharges, inspection by Council staff, annual monitoring reports etc.
There are 80 associated attachments with this LGOIMA which we cannot provide on our website. If you would like to view these attachments please contact us at LGOIMA@ecan.govt.nz.
In regards to complaints about odours, we have received a number of complaints about sporadic offensive odours discharged from Tegel Foods processing facility on Carmen Road. Officers have substantiated offensive odour several times over the last 15 years.
Also, there have been incidents where waste products have been discharged from the site into the Christchurch City Council’s stormwater network, which resulted in enforcement action.
In this period our officers have identified a number of practices to be addressed to improve odour and waste control. Tegel Foods has a record of carrying out improvements to processes and equipment to address concerns we have raised about odour.
There have been some instances where we have taken enforcement action because the incidents were serious. Examples of these related to odour discharges following the prolonged storage of offal outside, or the release of waste to land where it entered the CCC stormwater network.
There have been 15 odour incidents registered in 2015 and 2016, of which two allegations of offensive odour discharged from the operation have been substantiated.
Date Incident
22/05/2015

Offensive odour from processing substantiated by after-hours officer

07/03/2014 Odour control letter received setting out a range of improvements to be carried out
 02/2014 Offensive odour discharge identified beyond the site boundary. The officer identified the potential for the discharge to be from the double-venting of cooker vessels 
05/2012 Compliance report following visit, full compliance achieved, but comments received from local businesses about common odour problems
2009 Fire burns the primary processing facility down
16/12/2009  Letter regarding odour in Halwyn Drive, potentially from the release of cooker gases 
11/02/2009 Letter regarding offensive odour discharges – increased monitoring was proposed to identify sources of odour for management and controls
18/02/2008 Compliance report regarding offensive odours discharged from offal that had not been removed from the site. Enforcement action
23/01/2008 Discharge of wastewater due to a breakdown, significant clean up carried out voluntarily
2006 Proposed change from LFO to alternative (biofuels)
05/2006 Continuing work on odour reduction from the scalding room
11/10/2005 A loss of waste from the site. Pump failure cause. Stream cleaned up
2004 Concerns raised about stormwater discharges, to land and to surface water
2004 Non-compliance with condition about offensive odour
22/07/2004 Inspection and alleged breach of Abatement Notice observed
19/07/2004 Abatement notices regarding discharges of contaminants to land where they could enter water. Cease /Do
10/09/2003 Open containers with small quantities of offal were observed. Tegel was evaluating the potential for lifting the scald room extraction to improve odour dispersion.
01/09/2003 Complaints most frequently were received from locations downwind of Tegel in easterly conditions
21/03/2003 Compliance inspection following complaints: strong odours detected downwind, most likely to be coming from the contra-shear
19 December 2016 - Request for information about infringement/abatement notices and prosecutions issued against territorial authorities in Canterbury
1059C - Information request about infringement/abatement notices and prosecutions issued against territorial authorities in Canterbury.
The following table includes details of notices that were issued against a territorial authority during the years 2014/15 and 2015/16:
Name Date of Offence Alleged Incident Location Penalty
Christchurch City Council (CCC) 14/06/2016 Discharging contaminants to air from an industrial or trade premises (offensive odour) from Living Earth site at 40 Metro Place, Bromley

Bromley, Christchurch

Infringement notice which was then withdrawn as Living Earth contractor paid their infringement for the discharge

Timaru District Council

(TDC)

27/06/2014 Permitting a discharge of contaminants, namely treated human effluent, from the George Street Oxidization ponds, Pleasant Point, into the Opihi River in a manner which contravenes Section 15(1) of the Resource Management Act 1991 and Rule 3 of the Opihi River Regional Plan Pleasant Point Abatement notice which was lifted 5 October 2015

Timaru District Council

(TDC) 
27/06/2014  Permitting a discharge of contaminants, namely treated sewage into the Opihi River from the Pleasant Point Effluent Ponds, when that discharge was not expressly allowed by a national environmental standards or other regulations, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.   Pleasant Point Infringement notice $750 issued 16/09/2014 
Timaru District Council
(TDC) 
30/06/2014  Permitting a discharge of contaminants, namely treated sewage into the Opihi River from the Pleasant Point Effluent Ponds, when that discharge was not expressly allowed by a national governmental standard or other regulations, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.   Pleasant Point Infringement notice $750 issued 16/09/2014 

The infringement and abatement notices issued to the Timaru District Council in 2014 were in relation to the Pleasant Point oxidation ponds, which became overfull because of stormwater infiltration into sewer lines in heavy rain. To protect the ponds from overtopping, Timaru District Council decided to discharge into the Opihi River. Environment Canterbury will be meeting with TDC in early January 2017 to further discuss their wastewater consents.

The infringement notice issued to the Christchurch City Council was later withdrawn as the infringement was paid.

27 October 2016 - Request for information regarding water take compliance
1035C - The request was in relation to nine names and businesses published on our website during October 2016 under “enforcement response” who were found to not be in compliance with various aspects of their water take consent.
All the names relating to water take consents were for abatement notices. This list of names is not static and does change as individuals comply with requirements and are removed from this list. None of those named have previously been subject to enforcement action from Environment Canterbury.
We were also asked about “anyone permitted to take water for the new irrigation season who does not meet the necessary conditions outlined”. Environment Canterbury are actively following up on all outstanding actions relating to compliance with an abatement notice or otherwise agreed action plan in relation to installing water measuring devices. This is an active programme that is being internally monitored on a weekly basis.
We can also confirm that no permissions have been granted for individuals to take water this irrigation season (in the 10 l/s and above flow category) without having an appropriate measuring device in place. 
18 October 2016 - Request for information about cattle observed alongside the Hurunui river
1029C - We received a request for information about cattle that had been observed alongside the Hurunui River. Environment Canterbury decided not to take any action against the owner operators in relation to a complaint about these cattle. This decision was the result of a number of considerations which are outlined below.  
On 12 September 2016 Environment Canterbury was advised by a member of the public that cows were observed in/near the Hurunui River at the Jollie Brook Conservation Area. We also received several photos that were taken on 4 September, and which are attached.
In response to this complaint, on 14 September one of our Resource Management Officers visited the site to investigate the impact that cattle were having on the area.
About 20 cows were observed in various locations on the true left of the river, downstream from the confluence of the Jollie Brook. Our RMO did not observe any cows in the river, and no obvious signs of damage. He met with the owner operators of Lake Taylor Station, where he discussed the complaint and showed them the photos. The owner operators confirmed that their cattle, which are wintered between May and October, are walked across the river when they change locations.
Our RMO discussed the rules with the owner operators. The cattle are allowed in rivers, but with conditions that relate to crossing points only. The general process of enforcement was also discussed, as well as the various steps and options available once a decision is made.
After the meeting our RMO conducted a thorough examination of the area and found some evidence of cow dung and pugging, but no cattle in the river.
On 15 September our RMO confirmed with the owner operators that the usual crossing point is just upstream of the confluence with Jollie Brook. At this point, it was confirmed that the cattle were no longer on the DoC grazing concession.
To conclude, action was not taken by Environment Canterbury against the owner operators after an assessment of the following factors:
  • a delay in the complaint being made
  • photograph supplied shows cattle standing on a small peninsula between the two rivers
  • admission that the cattle cross the river very close to where the photo was taken
  • they do so to reach a parcel of land that is a DOC grazing lease, annually since about 1948. Entry is at the start of May and leave is at the start of October for calving
  • there was no pugging or evidence of cow dung in the river, there was sign of dung on the true left bank and terraces where the cows have camped
  • the area is not one of the prohibited sites listed in Schedule 17
  • Jollie Brook is an area of interest to Fish and Game
  • the environmental damage is less than minor
The owner operators of Lake Taylor Station were advised of the outcome of this investigation on 29 September 2016.
See attachments below:
1 September 2016 - Request for information on the number of prosecutions, abatement notices and infringement notices Environment Canterbury has issued for dairy effluent discharges for the 2015/16 year
1002C - Dairying has been growing in Canterbury. Environment Canterbury’s role is to make sure this intensification does not unduly impact on water quality throughout the region. In the year 15/16 we took 34 enforcement actions, whereas in the 14/15 year we took only 12. Last season we continued to meet our obligation to monitor compliance with dairy effluent discharge consents. We also took steps to educate and to work with farmers dealing with the season’s many challenges, including drought conditions.
Number of Dairy Farm Prosecutions, Abatement Notices and Infringement Notices for 15/16 Year
  • Infringement Notice for breaching an Abatement Notice 1
  • Abatement Notices 19
  • Infringement Notices for ponded effluent 14
  • Prosecutions 0
We have, since year-end (30 June 2016), commenced a prosecution against three defendants in relation to an overflowing effluent transfer sump at a dairy farm in North Canterbury.  Enforcement action can include the following actions:
  • Formal written warning – notice of an offence (often minor)
  • Abatement notice – formal notice to take action or cease an activity that may have an adverse
  • environmental effect or breaches the Resource Management Act
  • Infringement notice – formal notice of an offence which includes payment of a fine.
  • Prosecution – for offences so serious that they warrant proceedings through the courts.
It is important to note that the type of enforcement action taken depends on the situation.
For example, one person might receive a formal warning which leads them to take action and does not require follow up enforcement actions. In other situations, a variety of enforcement actions are taken.
For every significant non-compliance, we, at the very least, have an action plan with the consent holder. The vast majority of non-compliance is resolved with the cooperation of the consent holder and doesn’t require further action.
We are continually looking at our procedures to ensure we react to complaints in a timely manner, resolve the issue quickly, and take enforcement action where appropriate. When enforcement is needed, we won’t hesitate to take action, including prosecution of the most serious cases. We are also continuing to work with industry and farmers on education and raising awareness.
More than 2200 farmers in Canterbury have taken action to understand and mitigate the environmental effects from their farms by developing a Farm Environment Plan (FEP). The FEP approach recognises every farm is different and it helps farmers think about the risks on their land and the actions they can take to improve their farming business.
The follow-up is an independent audit which looks at the Farm Environment Plan and assesses whether the farmer is doing what they said they would. The farmer is then graded A, B (acceptable) or C, D (not acceptable) based on how they are managing environmental risks under their Farm Environment Plan. Around 250 farmers have already had their plans independently audited. We expect all 5000 farms in the Canterbury region to have created their FEPs and be working to good management practices within a couple of years.

 

18 July 2016 - Request for information regarding prosecution advice on 'water theft cases' and "any advice on the decision of whether or not to prosecute in these two cases
986C -We received a request for information on 'prosecution advice on water theft cases.
In your request you asked for, "any advice on the decision of whether or not to prosecute in these two cases. (Both cases should be easily identifiable from the original data you provided to Forest & Bird)".
We provided some context to water metering in Canterbury before addressing those two specifics below:
Farming water use practices are changing
In 2009 the Canterbury Water Management Strategy (CWMS) was launched. An initiative of the region's Mayoral Forum, it set out a shared vision, which was developed over many years via extensive public engagement. This vision reflected the community's desire to work differently, in a collaborative manner, around water management.
As a result, Environment Canterbury has adopted a strong collaborative and supportive approach to getting the right environmental outcomes for the community. In terms of water measurement/metering this has meant Environment Canterbury has worked with water take consent holders to move water management towards a self-audited approach where we can work together to ensure that compliance is achieved.
As the national rules for water metering were introduced, Environment Canterbury (in 2011) began a five year staged process to ensure that all water-take consent holders (for 5 litres/s or more) had installed a water measuring device. It is a farmer's responsibility to manage their resources to achieve water efficiency.
From a water measurement perspective, when the process started few meters were in place and so a huge effort has been made by Environment Canterbury's compliance team to get farmers on board with this process.
Daily monitoring and telemetry has been installed on most Canterbury farms to measure water use over the last four years. This has involved significant technological change for farmers and for Environment Canterbury, ensuring all large water takes are being measured, monitored and reported, and ensuring water use is within the allocated amount set by consent.
18 July 2016 - Request for information on enforcement actions undertaken by Environment Canterbury in the past 10 years under s15(1)(a) of the Resource Management Act 1991, which relates solely to the discharge of contaminants directly into water
983C - We received a request for further information on enforcement actions undertaken by Environment Canterbury in the past 10 years under s15(1)(a) of the RMA 1991, which relates solely to the discharge of contaminants directly into water.
The figures here indicate enforcement actions relating specifically to s15(1)(a) of the RMA in the past 10 years.
This section relates solely to the discharge of contaminants directly into water. For Environment Canterbury, action taken under s15(1 )(a) commonly relates to sediment and effluent discharges, but also includes hydrocarbons and chemical discharges.
The more common breach we deal with is under s 15( 1 )(b) which relates to discharges into land that could affect water quality. This year, we have issued 29 abatement notices under s15(1)(b) with a significant number more being processed before issue.
Investigations
Environment Canterbury has well established guidelines on how to deal with incidents and our staff are well trained in making judgements on what level of response is required. In determining the level of action required we consider things like:
  • The scale of contamination- how long did it go on for? How much contaminant was released? What was the effect on the environment and is it something that could be fixed or are the effects irreversible?
  • The behaviour of the offender- was this an accident or deliberate? Is there evidence of previous offending? Have we taken action against them before? Was the incident avoidable?
  • The significance of the incident on the community
  • The legal availability of enforcement tools- successful prosecution under the RMA can be difficult
For the full guidelines see  Compliance, Monitoring and Enforcement Guidelines.

Our strategy is to achieve good environmental outcomes by working with people to achieve compliance. Research shows those who are invested in the process are more likely to sustain that compliance.

Enforcements

Enforcement action can include the following actions:

  • Formal written warning - notice of an offence (often minor)
  • Abatement notice - formal notice to take action or cease an activity that may have an adverse environmental effect or breaches the Resource Management Act
  • Infringement notice - formal notice of an offence which includes payment of a fine.
  • Prosecution - for offences so serious that they warrant proceedings through the courts.
It is important to note that the type of enforcement action taken depends on the situation. 

For example, one person might receive a formal warning which leads them to take action and does not require follow up enforcement actions. In other situations, a variety of enforcement actions are taken.

We often find people simply don't understand that what they do on a property could affect a nearby stream through the stormwater system. Some people also don't understand that sediment (for example) is a serious pollutant of streams and rivers as it smothers the bed and kills stream life.

In some cases it is not possible to take enforcement action because we cannot establish who or what caused the pollution. This is particularly the case when we are notified well after the incident or in an area where there are many businesses or properties making it difficult to pinpoint the offender.

For every significant non-compliance, we, at the very least, have an action plan with the consent holder. The vast majority of non-compliance is resolved with the cooperation of the consent holder and doesn't require further action.

Looking ahead

We are continually looking at our procedures to ensure we react to complaints in a timely manner, resolve the issue quickly, and take enforcement action where appropriate.

We are continuing to work with industry and farmers on education and raising awareness, but when enforcement is needed, we won't hesitate to take action, including prosecution of the most serious cases.

Consents
24 January 2020 -  Request for information on water assets and associated consents.

1741C - We received an email dated 3 December 2019, subsequently refined on 9 December 2019 requesting information on water assets and associated consents.

Please find attached provided a list of all consents held by Territorial Authorities for water supply and wastewater treatment (XLSX File, 38.53KB).

17 February 2020 -  Request for information on the costs charged to applicants for categories of consent applications in 2018.

1735C - We received an email dated 21 January requesting information on the costs charged to applicants for categories of consent applications in 2018.

Requested, for the calendar year of 2018:

  • The most expensive price charged to an applicant; and
  • The least expensive price charged to an applicant,

for the three categories of applications; non-notified, limited-notified and publicly notified, for the following activities:

  1. Discharge permits for dairy effluent
  2. An application to enhance, restore or create a wetland
  3. Use land for farming activity
  4. Take use groundwater for irrigation
  5. Take and use surface water for irrigation.

The attached table sets out the cost passed on to the applicant for all applications in these categories on which there was a decision between 1 January 2018 and 31 December 2018.

The information was taken from data we report to the Ministry for the Environment (MfE) as part of the National Monitoring Standards reporting. While the information is available on the web for previous years, the second half of the 2018 calendar year information has not yet been published by MfE as this will appear in the 2018/2019 data.

 

Activity type Outcome least expensive
price charged
most expensive
price charged
Discharge permits for dairy effluent

Publicly notified

Limited notified

Non notified

N/A

N/A

$1,592.00

N/A

N/A

$6,533.69

An application to enhance, restore or create a wetland

Publicly notified

Limited notified

Non notified

N/A

N/A

$0.00

N/A

N/A

$14,084.63

Use land for farming activity

Publicly notified

Limited notified

Non notified

N/A

N/A

$132.25

N/A

N/A

$12,368.54

Take use groundwater for irrigation

Publicly notified

Limited notified

Non notified

N/A

$23,573.34

$434.13

N/A

$23,573.34

$44,242.86

Take and use surface water for irrigation

Publicly notified

Limited notified

Non notified

N/A

N/A

$1368.50

N/A

N/A

$2277.00

5 February 2020 -  Request for information Resource consents for public water supply (abstraction) issues by Council in the past 2 years.

1763C - We received an request for information Resource consents for public water supply (abstraction) issues by Council in the past 2 years.

Response to email dated 9 January 2020 requesting copies of any public water supply (abstraction) resource consents issued by Council in the past two years.

Attached is a list of public water supply resource consents (XLSX File, 19.6KB) issued by Environment Canterbury in the last two years.

13 January 2020-  Request for information on Section 88 checklist - supporting info docs supplied to consent planners and contractors to assist filling in checklist, re Planning Provision and Plan Change 7

1739C - We received an request for information on Section 88 checklist - supporting info docs supplied to consent planners and contractors to assist filling in checklist, re Planning Provision and Plan Change 7.

Response to email dated 29 November 2019 requesting the information Environment Canterbury provides to its Consent Planners and Contractors to help them fill in the section 88 checklist, especially with regards to the Planning Provision and Plan Change 7.

Schedule 4 of the Resource Management Act 1991 provides the information requirements for resource consent applications. Schedule 4 clearly details what information is required for a resource consent application and Environment Canterbury relies on this when assessing an application under section 88.

Additionally, the attached resources are provided to Consents Planners to assist them in undertaking an assessment that the application contains the information as required by the regulations:

  1. S88 presentation (PDF File, 2.21MB)
  2. Perform s88 check- ProMapp (PDF File, 722.31KB)
13 January 2020-  Request for information on the number of farming land use consent applications received and approved by Environment Canterbury in 2019.

1764C - We received an Email dated 9 January 2019 requesting the number of farming land use consent applications received and approved by Environment Canterbury in 2019.

In the period 1 January to 31 December 2019:

  1. 244 Land use (s9) Farming applications were lodged;
  2. 238 Land use (s9) Farming consents were granted. 146 of these were lodged in 2019.
16 December 2019 -  Data used to measure alleged Washdyke odour. When complaints logged. What did ECan do and when. Assessment methodology/ instrument used. Qualifications/ experience of staff involved in measurement.

1729C - Request for information on Data used to measure alleged Washdyke odour. When complaints logged. What did ECan do and when. Assessment methodology/ instrument used. Qualifications/ experience of staff involved in measurement.

Four complaints were made on 13 November 2019 alleging offensive and objectionable odour from South Canterbury By-products located at 122 Aorangi Road. The complaints were logged through customer services at 2:52pm, 2:57pm, and 3:33pm. Also, an email was sent to Incident Response Officer (IRO) Michael Nolan at 3:38pm with the same complaint. IRO Ray Hermens also received a voice message from one of the complainants at 2:48pm alleging the odour present was very strong.

Please note that we are unable to provide the details of who made these complaints, in order to protect the privacy of individuals pursuant to section 7(2)(a) of the LGOIMA.

The Pollution Event notification was logged with another Resource Management Officer at 3:40pm, who was unable to attend, however other Environment Canterbury staff, Ray and Michael conducted a site visit from 3:49pm that included a drive through of Randwick Place and Meadows Road where no odour was detected. A ten-minute odour assessment was completed by Ray at the corner of Meadows and Aorangi Roads (SCBI assessment) with the result of ‘little or no odour detected’. This was followed up by a drive through of Meadow Road, Seadown Road, and Randwick Place (Randwick assessment). A second ten-minute odour assessment was completed at one of the complainant’s house alongside them, with the result that no odour was detected by the IROs or the original complainant.

The odour assessments were completed and recorded using the Survey123 Odour Assessment application on Ray’s cell phone. Ray assessed the odour impression by smell every ten seconds for ten minutes and recorded the result on a scale of 0-6 including descriptions of the odour characteristics.
The odour assessment application uses MfE guidelines for assessing odour. It shows an every 10 second odour assessment over 10 minutes on a scale from 0-6
(0=no odour, 6 = extremely strong odour) in various locations to ascertain the source of the odour. Also noted is the characteristic of the odour, based on MfE guidelines, the hedonistic tone and other factors such as climatic conditions. Attached is a paper version of the application. This is the standard practice for assessing odour used by all councils within New Zealand and is based on the German method VDI 3940 “Determination of Odorants in Ambient Air by Field Inspections.”

The raw data and result of these assessments is attached. It shows a 10-minute assessment consists of 60 x 10 second assessments - this means at every 10 second mark, we assess the odour. The results show:

  • Randwick assessment (XLSX File, 12.85KB): Over the 10 minutes assessment, at one 10 second assessment, odour was rated at 1 and characteristic of dead animal. Final assessment – no odour;
  • SCBI assessment (XLSX File, 12.95KB): Over the 10-minute assessment, 5 of the 10 second assessments had characteristics of dead animal. Final assessment – odour detected but would not consider offensive or objectional over any time period.

The staff carrying out the assessments have the necessary expertise to do so.

5 December 2019 -  Request for information on consents team structure including reference to Erin Krivian's position

1727C - Request for information on consents team structure including reference to Erin Krivian's position

Please find attached a diagram showing the structure of our consents team (Office Open XML Document, 80.6KB).

The location of the consents planning team in South Canterbury, means the reporting line differs to officers located in Christchurch. The Consents Planning team report directly to the Operations Manager, with an indirect reporting line to the Regional Leader Consents Delivery. This is due to the different location and the need for an on-site line manager.

4 December 2019 -  Request for information on how many waterway consents for Diquat, Endothall or similar chemicals in North Canterbury last 3 years.

1733C - We received an email on 17 October requesting information on Halswell River weed.

The enquiry relates to the section of the Halswell River from River Road up to just below the main road going to Akaroa, just below Halswell, where it’s believed about 14km to 15km has had all the weed removed by some chemical substance. Also reference to some of the other creeks running into Lake Ellesmere getting the same treatment with little to no aquatic plant life.

Questions asked:

  • What is being done to discover who and what is destroying the aquatic weed; and
  • How many consents have been given by Environment Canterbury for waterways for Diquat or Endothall or chemicals similar in the last three years in North Canterbury?

Aquatic weed

Environment Canterbury maintains and operates the Halswell Drainage Scheme and the Halswell River is part of this scheme. Environment Canterbury does not control weed growth on the Halswell River with any herbicides, rather the excess weed growth is removed by a weed cutter boat. The stretch of the river referred to is subject to weed cutting only.

There will be extra weed upstream and downstream of this main stretch of the river, because in some areas the weed boat cannot access the river as it is too narrow or shallow or there are parts of the river system we do not remove weed from – for example the Old Course down around Seabridge Road.

The only herbicide used to control weeds is within the tributary lateral drains, and this spraying only occurs when there is no water in the drain.
The river will continue to scour out where sediment builds up as we are unable to remove fine sediment at present (a resource consent to authorise the activity is needed).

The river runs dirty for months after a rainfall until the river clears itself and of course as it scours it takes out the vegetation from the bed. This process may be a contributing factor to the level of weed in the river at any given time.

We do not expect any other person is likely to control the weed in the Halswell drainage network, this is what the landowners pay their rates to Environment Canterbury to do.

The Selwyn District Council also has responsibility for maintaining other drainage networks which flow into Te Waihora/Lake Ellesmere. Further, there are private drains which individual landowners will be maintaining. There are rules around agrichemical discharges to waterways in the Land and Water Regional Plan which such landowners would need to comply with.

The investigation (set out in an email dated 2 October 2019) did not provide any further information on a potential offender spraying weed adjacent to the stream next to River Road. There was nothing to evidence that any breach to the Resource Management Act 1991 or Regional Rules (i.e. chemical spraying) had occurred in the area to require any further investigations.

Consents

Please find attached a spreadsheet (XLSX File, 17.62KB) with the three resource consents issued in North Canterbury for discharge to waterways with a consent condition including the word “Diquat”, “Endothall” or “herbicide”. Further information about each consent can be found by using Environment Canterbury’s Consent Search.

1 November 2019 -  Request for the draw from CRC180265 as of 3 October 2018 (Cloud Ocean Water Ltd).

1457C - We received an email requesting for the draw from CRC180265 as of 3 October 2018.

As this is a consent to drill a deep bore (approx.170m), not a water take consent, there is no requirement to submit data.
However, Cloud Ocean also has a water take consent – CRC182813 – which allows them to take water from their shallow bore (approx. 33m). The total water take from 1 August to 31 October under this consent, is 14,811m3.

2 September 2019 -  Request for information regarding Cloud Ocean Estate - how much they pay yearly for water consumption and how much they take from each bore.

1665C - Email dated 6 August 2019 requesting information on Cloud Ocean Water Limited’s (Cloud Ocean) water consumption and fees under its resource consents.

How much does Cloud Ocean pay yearly for acquiring water consumption and how much they are taking from each bore or overall takings.

Cloud Ocean hold three active resource consents for water abstraction, as set out in the table below.

Consent NumberStatusClient NameActivitiesMonitoring charges for 18/19 financial yearActual vol. water takenConsented water volume
CRC190624Issued - ActiveCloud Ocean Water LimitedTo take water for dewatering purposes$227.70
CRC190698Issued - ActiveCloud Ocean Water Limitedto take groundwater, at or about map reference M35:8077-5092, for fellmongery uses and effluent dilution purposes.$156.5318/19 - 795m3, 17/18 - 8866m32000m3 per day
CRC192153Issued - ActiveCloud Ocean Water LimitedTo take and use water$2,133.3618/19 - 120771 m3; 17/18 - 34537m34,320m3 per day and; 1,576,800m3 between 01 July and the following 30 June

CRC190624 is for the purpose of dewatering (i.e. taking water to lower the water table while earthworks are undertaken).

Note that the Resource Management Act 1991 does not give Environment Canterbury the ability to charge consent-holders for the amount of water taken, but we are able to recover costs incurred as a result of the ongoing monitoring of a resource consent. We have therefore listed the monitoring charges associated with the consents.

More information about resource consents held by Cloud Ocean can be found by searching “Cloud Ocean Water Limited” under Environment Canterbury consent search.

2 September 2019 -  Request for information on the Christchurch City Council’s (CCC) compliance with resource consents relating to its sewerage and stormwater systems in 2019.

1670C - Email dated 21 August 2019 requesting information on the Christchurch City Council’s (CCC) compliance with resource consents relating to its sewerage and stormwater systems in 2019.

Sewerage system
For the period 01 July 2018 to 30 June 2019, there were no abatement notices, infringement notices, enforcement orders or convictions issued to the CCC in relation to its resource consents for discharge from its sewage system.

Stormwater system
For the period 01 July 2018 to 30 June 2019, there were no abatement notices, infringement notices, enforcement orders or convictions issued to the CCC in relation to its resource consents for discharge from its stormwater system.

Additional information requested
No significant non-compliances were recorded for the CCC within the 2018-19 financial year in relation to their resource management consents regarding the treatment and disposal of sewage and stormwater systems.

15 August 2019 - Request for information on Cloud Ocean Water Limited’s (Cloud Ocean) water consumption and fees under its resource consents.

1665C - Email dated 6 August 2019 requesting information on Cloud Ocean Water Limited’s (Cloud Ocean) water consumption and fees under its resource consents.

How much does Cloud Ocean pay yearly for acquiring water consumption and how much are they taking from each bore or overall takings?
Cloud Ocean hold three active resource consents for water abstraction, as set out in this table. CRC190624 is for the purpose of dewatering (i.e. taking water to lower the water table while earthworks are undertaken).
Note that the Resource Management Act 1991 does not give Environment Canterbury the ability to charge consent-holders for the amount of water taken, but we are able to recover costs incurred as a result of the ongoing monitoring of a resource consent. We have therefore listed the monitoring charges associated with the consents.
More information about resource consents held by Cloud Ocean can be found by searching “Cloud Ocean Water Limited” on the Environment Canterbury consents search https://ecan.govt.nz/data/consent-search/.
15 August 2019 - Request for information of all the resource consents for discharges from large-scale fuel burning devices under Rules 7.21 - 7.24 and 7.30 of the Canterbury Air Regional Plan

1649C - Email dated 18 July 2019 requesting a list of all the resource consents for discharges from large-scale fuel burning devices under Rules 7.21 - 7.24 and 7.30 of the Canterbury Air Regional Plan.

Also requested for each consent; the date of issue, date of expiry, the fuel source for the combustion, and the power in kW or MW (if known) or maximum combustion rate (e.g. in tonnes per hour, if known). Conditions limiting combustion rates and power vary between consents, and consents may cover multiple boilers.

Where possible, we have included this information in summarised format in the table, however to review the more detailed information via the full consent, click the link included in the spreadsheet.
Note that this summary only covers consents issued under the rules specified in the request, and consents issued under previous planning documents have not been included.

The Council supports industry to transition to better environmental practices. The Canterbury Air Regional Plan encourages industry to adopt the best practicable option to minimise effects of air pollution, and they must identify this in the consenting process. The primary focus of the Plan is air pollutants that affect primary health, such as PM10.

5 August 2019 - Request for information on the Department of Conservation’s (DOC) resource consents.
1655C - Email dated 19 July 2019 requesting information on the Department of Conservation’s (DOC) resource consents.Request for a summary list of all issued or in-process resource consents only.

Please find attached a spreadsheet containing the detail on 64 DOC consents, including the conditions for each consent (each condition is listed as a separate entry). The spreadsheet also contains a link to the resource consent search results for that consent on Environment Canterbury’s website.

24 July 2019 - Request for a copy of any complaints which are recorded against CRC174170 for Southern Horticultural Products Limited’s (SHP) composting site on Main South Road

1634C  – We received an information request for complaints against CRC174170 for Southern Horticultural Products Ltd's composting site on Main South Road

Request for complaints relating to consents CRC174170 and CRC156387 (replaced by CRC174170), back to the commencement of CRC156387 as well as odour reports listed under CRC157111
(as this Land Use consent also has an odour condition).

CRC156387 Commenced 10 September 2015, therefore the spreadsheet contains information from that date until 4 July 2019. We have received 10 reports of odour over this time in eight Pollution Events (two Events had two reports of odour.

19 June 2019 - Request for information on gravel authorisations and consents in the Canterbury Region

1618C - We recieved an information request on gravel authorisations and consents in the Canterbury Region.

Request for details of all consents (gravel authorisations and gravel consents) granted by Environment Canterbury concerning the extraction of aggregates, specifically gravel, in the Canterbury region:

  • The names of those persons (natural and otherwise) to whom those resource consents have been granted;
  • The life of those consents (start-end dates);
  • The amount that is been approved/consented for extraction by each person;
  • The amount extracted to date by each consented person.

Please find attached two spreadsheets with the requested information.

  • All Gravel Extraction Sites by Catchment all Canterbury (XLSX File, 287.24KB) - lists all resource consents and gravel authorisations recorded in the Environment Canterbury consents database. The content is grouped into rivers (north to south of the region) detailing the consent number, consent holder, consent type, its status, start and end dates and consented volumes associated with each consent (per site, per year and over consent life). Please note that land-use consent relates to consents granted under the Resource Management Act 1991 and Gravel Authorisations relates to Permitted Activities.
  • All Gravel Returns by Catchment - Canterbury (XLSX File, 1.01MB) - details the volumes of extracted material recorded against each consent/gravel authorisation. This information supplied to Environment Canterbury monthly. This information has been grouped into each river (north to south of the region) and then each consent.
27 May 2019 - Request for all correspondence between Environment Canterbury and North Canterbury Transport Infrastructure Recovery (NCTIR)

1606C  – We received an information request for all correspondence between Environment Canterbury and North Canterbury Transport Infrastructure Recovery (NCTIR).

Requested:

  1. a copy of File Note C19C/64525 and all other correspondence, including all meeting notes, letters, emails, phone conversations and file notes, between NCTIR and ECan pertaining to the applications for resource consent CRC194077; CRC194413; and/or CRC194598; and
  2. a copy of all correspondence, including all meeting notes, letters, emails, phone conversations and file notes, between NCTIR and ECan pertaining to my Client’s applications for resource consents, including CRC192717; CRC194436; CRC193658; CRC193933; and/or CRC194463.

Please find attached:

  1. a copy of File Note C19C/64525 (PDF File, 260.97KB), which is an email chain containing correspondence from NCTIR sent to Environment Canterbury via Road Metals Company Limited (Road Metals); and
  2. further email (PDF File, 174.35KB) containing correspondence from NCTIR sent to Environment Canterbury via Road Metals.
20 May 2019 - Request for all submissions for Lyttelton Port Recovery Plan

1598C  – We received an information request for All submissions for Lyttelton Port Recovery Plan.

21 April 2019 - Request for information in regards to the Rakaia WCO & Lake Coleridge Hydroelectric Power Scheme
1101C - We received an information request for records of the Lake Coleridge Hydroelectric Power Scheme for:
  1. stored water within Lake Coleridge;
  2. stored water that has been discharged from Lake Coleridge, and
  3. water (including stored water) being diverted into any canal from Lake Coleridge.

Environment Canterbury does not hold TrustPower’s data, but Environment Canterbury does access it from time to time to determine compliance with the Conservation Order and with resource consents that relate to the take of Lake Coleridge stored water.
All of TrustPower’s information related to the storage of water is regarded as commercially sensitive, as it relates to contractual arrangements between TrustPower and its customers. As such, it is not available to the public. Accordingly, Environment Canterbury has decided to withhold this information pursuant to section 7(2)(b)(ii) of the Local Government Official Information and Meetings Act 1987 (LGOIMA) as its disclosure would prejudice TrustPower’s commercial position. We do not consider that the public interest outweighs this reason for withholding.
However, Environment Canterbury can provide TrustPower data relating to the operation of the Coleridge Hydro Electric Power Scheme, as the submission of the data is a requirement as part of the resource consent. Data for the period 1 July 2016 to 31 December 2016 (the most recent data we hold) is attached. This data includes:

  • Highbank pump data (m3/s)
  • Coleridge lake level (m)
  • Wilberforce canal flow (m3/s)
  • Oakden canal flow (m3/s)
  • Coleridge penstock flow (m3/s)
  • Acheron canal flow (m3/s)


Please note that due to amount of information included we are unable to put the above data on our website. If you would like to view a copy please contact us at 

18 April 2019 - Request for information about Rakaia Island Dairy flood protection works Rakaia River bed, water quality test results, studies, reports, Consent conditions and monitoring

1382C  – We received an information request for information relating to the Rakaia Island Dairies’ flood protection work on the Rakaia River bed.

You ask for the consent conditions for Rakaia Island Dairies’ flood protection work in the Rakaia River bed.
Please note that Rakaia Island Limited is the current name of the company formerly known as Rakaia Island Dairies Limited. The following consents relating to flood protection works in the Rakaia River under the name ‘Rakaia Island Limited’ have been identified:

  • CRC052103 – Land use consent to disturb the bed and margins of the Rakaia River, remove and place material, and modify structures and remove and plant plants.
  • CRC054650 – Water permit to divert water in and adjacent to the Rakaia River at Rakaia Island

Decision documents for these consents

You ask for monitoring of the consent conditions of the above.

Please note that resource consents CRC052103 and CRC054650 are linked, whereby, as per Condition 1 of CRC054650: “The diversion of water shall only occur in association with carrying out river protection works under CRC052103.”

CRC052103 - Two Resource Management Officers (RMOs) conducted a site visit on the 11th of January 2018. The site visit was in response to a number of incident response calls relating to protection works undertaken between 25 December 2017 and 1 January 2018. As a result of this visit, a short Compliance Monitoring Report grading Condition 15 was produced.

At this time, the RMO spoke with the consent holder and the contractor responsible to ensure they were both aware of the time restrictions under Condition 15.

18 April 2019 - Request for information Simons Pass, Copies of correspondence for applications on CRC176720 & CRC186087, plus ecology reports re Baseline Survey

1381C  – We received an information request regarding Simons Pass for Copies of correspondence for applications on CRC176720 & CRC186087, plus ecology reports re Baseline Survey.

We refer to your email dated 05/07/18 requesting information relating to the processing of Simons Pass applications CRC176720 and CRC186087. Your request has been referred to me to reply.

You ask for copies of any correspondence in relation to the processing of the above resource consent applications. Please find attached as requested.

You also request any ecology reports in relation to the Baseline Survey provided by Simons Pass in April 2018, which was required by Condition 86, CRC082311. Please also find these documents attached.

Please note that information has been redacted in order to protect the privacy of individuals and in order to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between officers pursuant to section 7(2)(a) and 7(2)(f)(i) of LGOIMA.

Requested documents

18 April 2019 - Request for information on riverbed boundaries

1580C – We received an information request regarding a riverbed boundary result of Dewhirst decision. Photos, who put lines/photos together, copy of presentations, confirmation of 18 Dec 2018 request on riverbed lines sent to Zone Committee members.

“At a recent visit to our area ECan chairman Steve Lowndes showed us a photo of a riverbed that had lines drawn representing what the Dewhirst High Court decision means in terms of the boundary of riverbed. A similar photo was shown by Cynthia Roberts at the Hurunui Waiau Zone Committee this week. Can we please have:

  1. Copies of all photos (& a description of which river & where on that river) that have been circulated to ECan councillors to outline the riverbed boundary as a result of the Dewhirst decision?
  2. Have these lines been ground truthed & who has put these photos/lines together i.e. which consultants or ECan staff?
  3. A copy of the ECan presentations to the Waihou BRIDGE meeting this week - Wednesday 20th March. Also a copy of all information circulated to Waihou BRIDGE members prior to this meeting.
  4. Can you please confirm our request on December 18 2018 was actioned i.e. the riverbed lines was sent to all Canterbury Zone Committee members as requested.”

Question 1

Copies of all photos (& a description of which river & where on that river) that have been circulated to ECan councillors to outline the riverbed boundary as a result of the Dewhirst decision?

Please find attached a copy of a map that has been completed as an ‘interpretation’ of the High Court decision on the Dewhirst matter which details a methodology for defining the bed of a river. The interpretation was completed on a stretch of the Ahuriri River as a single example. The map attached has been used as an example of the High Court definition for information purposes only.

Question 2

Have these lines been ground truthed & who has put these photos/lines together i.e. which consultants or ECan staff?

Regarding question 2, you ask if the interpretation has been ground-truthed. If you mean this to be that someone has completed a physical assessment at that site, then no that has not occurred. As an interpretation for example and information purposes only, the level of detail available on mapping imagery is sufficient for that purpose. If the information were to be used for any legal, consenting, planning or enforcement purpose then a more detailed assessment of extent of the river bed would be needed, which may include a physical assessment at the relevant site. This interpretation was completed by Environment Canterbury River Engineering and Planning team staff.

Question 3

A copy of the ECan presentations to the Waihou BRIDGE meeting this week - Wednesday 20th March. Also a copy of all information circulated to Waihou BRIDGE members prior to this meeting.

Also attached is a copy of the presentation given to the Waihao river reach group on the BRIDGE project and the Dewhirst decision on 20 March 2019. This presentation has also been given to the Ahuriri and Ashburton river reach groups, and to the Waiau/Uwha river reach group on 29 March 2019. A copy of the email sent to the Waihao river reach group ahead of the meeting on 20 March is also attached.

Question 4

Can you please confirm our request on December 18 2018 was actioned i.e. the riverbed lines was sent to all Canterbury Zone Committee members as requested.

Your request of 18 December 2018 was actioned by Environment Canterbury in part; the information contained in your email of 18 December 2018 was circulated to Environment Canterbury Councillors but not to zone committees.

8 April 2019 - Request for a complete list of consented coal consumers

1576C – We received an information request regarding information on consented coal consumers, which was not to be limited to the top 20 consumers.

A list was sent to the respondent of all currently consented discharges to air from coal burners.

The commencement date is when the consent was issued, and the expiry date is when the consent expires.

Where consent status is listed as “active”, Environment Canterbury has been told the consent is being used. Where it is listed as “inactive”, we have not received confirmation that the consent has been exercised.

Where the consent status is listed as being “s124 continuance”, this means an application has been received to replace the original consent (which may have expired), and that the applicant is permitted under the Resource Management Act 1991 to continue to use their existing consent until such time as their new application is decided.

8 April 2019 - Request for information on riverbeds

1569C - We received an information request regarding riverbeds: Loss of riverbed land to farming - full report and decision information. Braid river correspondence between Forest & Bird and Fed Farmers

We received an information request regarding several water quality questions including the way they are measured. Below are the queries from the requestor and our responses.

1. Can we have a copy of the full report relating to the loss of riverbed land to farming. Media articles headlined this as the loss of 12,000 hectares of riverbed.
A copy of the Environment Canterbury technical report “Land use change on the margins of lowland Canterbury braided rivers” was sent to the requester.
2.Which ECan staff made the decision to appeal the Dewhirst High Court decision (riverbed flood lines) to the Court of Appeal? Did any ECan councillors or commissioners have input into this decision & if yes who? Did staff make this decision under delegated authority & are there any reporting requirements of this decision to Councillors?

Regarding Question 2, and the decision to appeal the Dewhirst High Court decision we note that on 1 February 2019, the decision was made to appeal the Dewhirst decision to the Court of Appeal. Environment Canterbury’s Council has delegated any decisions around Court proceedings to certain senior staff members.

In the case of starting a prosecution or appealing a decision to a higher Court, such as here, only the Chief Executive has the mandate to make that decision. There is no requirement for the Chief Executive to report a decision to Councillors, but it is usual practice for that to occur.

In this case, given that appeals to the Court of Appeal are rare and expensive; and given the importance of this matter to Environment Canterbury, our General Counsel briefed all Councillors and sought their views on the appropriateness of taking the appeal, prior to the Chief Executive making a decision.

The Council as a whole was broadly supportive of an appeal being brought. The decision, however, remained with the Chief Executive.

27 March 2019 - Request for information regarding chicken farming operation applications

1564C - Request for information regarding chicken farming operation applications.

  1. any applications for new chicken farming operations of any kind from 1 July 2018 until 27 February 2019;
  2. any applications for extensions of existing chicken farming operations of any kind from 1 July 2018 until 27 February 2019; and
  3. any application to replace or rebuild damaged or aged chicken farming operations of any kind with new buildings from 1 July 2018 until 27 February 2019.

Environment Canterbury does not specifically regulate chicken farms, except where they use a resource (for example, water) or affect the environment (for example, discharges). We therefore regulate the effects of those activities, rather than the chicken-farming operation itself. We have provided a list of all consent applications that mention chickens or poultry. Environment Canterbury does not regulate buildings, these questions should be referred to the respective Territorial Authority.

Consent Number  Client Name Consent Location State Consent Description Consent Type Activities Lodgement Date Expiry Date Decision
CRC192491 Mr R S & Mrs K R Jones 3307 South Eyre Road, Oxford Issued - Active To take and use groundwater Water Permit (s14) Take Groundwater 20/12/2018 26/06/2025 Granted
CRC182443 Highway Holdings Limited 2316 Rakaia Highway, Rakaia Issued - Active To discharge contaminants to land Discharge Permit (s15) Discharge Contaminant into Land to Water 4/05/2018 29/03/2033 Granted
CRC182742 Highway Holdings Limited 2316 Rakaia Highway, Rakaia Issued - Active To use land for the collection, storage and treatment of animal effluent Land Use Consent (s9) Use Land 4/05/2018 29/03/2033 Granted
CRC193716 Leamington Downs Limited 294 Stockgrove Road, Glasnevin Application Incomplete To discharge to air Discharge Permit (s15) Discharge Contaminant into Air 28/02/2018 N/A N/A
CRC193088 Clarence Harvest Limited 1059 Poyntz Road, Courtenay-Cust Application in Process To discharge contaminants to air Discharge Permit (s15) Discharge Contaminant into Air 17/07/2019 N/A N/A

This list does not necessarily capture all poultry operations as many of the chicken egg and meat farms in Canterbury are able to operate as permitted activities under the Land and Water Regional Plan (LWRP) and Canterbury Air Regional Plan (CARP) subject to meeting conditions that address their environmental effects. These farms will not have resource consents from Environment Canterbury.

Where resource consent is required, the CARP separates Intensive Farming (meaning the keeping, rearing or breeding of 10,000 or more birds) and “free-range” farming in order to manage the effects on the environment. Intensive poultry farms that existed prior to 1 June 2002 can be undertaken as a permitted activity under Rule 7.65 of the CARP, provided there is no increase in scale. Any new intensive farms after 2002, or ones that have increased in scale they will require an air discharge resource consent. These are contained in the attached list. “Free-range” farms require an air discharge permit under Rule 7.3 of the CARP.

Consents may also be required for the discharge of effluent and the taking and using of water, depending upon the individual operation. Where these consents exist for chicken farms, they are included in the attached list.

21 March 2019 - Request for information to provide all consents and consent decisions in the Selwyn Waihora catchment granted under Rule 11.5.9-14 CLWP in the past year
1561C - Request for all consents and consent decisions in the Selwyn Waihora catchment that have been granted under Rule 11.5.9 – 14 of the Canterbury Land and Water Plan in the last year.
The rule you refer to covers Land Use (farming) consents. Please find attached a list of Land Use (s9) “farming” consent numbers for the Selwyn Waihora Zone from 1 March 2018 to 28 February 2019.
Access to specific details of each consent, including decision documents can be made in our consent search by searching for the consent number provided in the spreadsheet below. 
11 February 2019 - Request for information on the quarrying of lime at Castle Hill

1535C  – We received an email dated 16/01/19 requesting information on the quarrying of Lime at Castle Hill.

Request for information about conditions imposed on any consent to quarry lime from the area and whether compliance with any conditions, if they are in place, is enforced in any way. You have also asked if the consents are to come up for renewal at any time.

We have identified one relevant consent (CRC182853). This consent is for the discharge of contaminants (fugitive dust) to air.

The most recent consent number relates to a change of conditions to a consent originally granted in 2003 (CRC031025) and taken over by the current holder through an administrative transfer (i.e. a change in name with no ability to decline) in 2016 (CRC166265).

It appears from the most recent s42A report that the original discharge permit had approval from the previous owner of the site, Te Runanga o Ngai Tahu, and the Department of Conservation. The s42A report is the report prepared (under s42A of the RMA) by our planner setting out a recommendation to the decision maker on an application. It typically contains background to the application, consideration of the planning framework, the effects etc.

The most recent application was required as the consent holder wished to increase their rate of extraction, and therefore the potential discharge of dust. We are only able to consider the effects of the dust discharge and the effects of the discharge of dust did not meet the requirements for notification given the current owner of the Station provided written approval.

Any wider quarrying and amenity issues would presumably be dealt with under any consents issued by the Selwyn District Council and/or the mining permit issued under the Crown Minerals Act by Central Government in 2005.

29 January 2019 - Request for information regarding all chicken egg laying and chicken meat bird farm resource consent applications

1513C  – We received an information request for the following:

  • All instances of chicken egg laying farm resource consent applications.
  • All instances of chicken meat bird farm resource consent applications.

Environment Canterbury does not specifically regulate chicken farms, except where they use a resource (for example, water) or affect the environment (for example, discharges). We therefore regulate the effects of those activities rather than the chicken-farming operation itself, and therefore cannot break down the chicken operations by egg or meat production. We have therefore provided a list of all consent applications that mention chickens or poultry.

This list does not necessarily capture all poultry operations as many of the chicken egg and meat farms in Canterbury are able to operate as permitted activities under the Land and Water Regional Plan (LWRP) and Canterbury Air Regional Plan (CARP) subject to meeting conditions that address their environmental effects. These farms will not have resource consents from Environment Canterbury.

Where resource consent is required, the CARP separates Intensive Farming (meaning the keeping, rearing or breeding of 10,000 or more birds) and “free-range” farming in order to manage the effects on the environment. Intensive poultry farms that existed prior to 1 June 2002 can be undertaken as a permitted activity under Rule 7.65 of the CARP, provided there is no increase in scale. Any new intensive farms after 2002, or ones that have increased in scale they will require an air discharge resource consent. These are contained in the attached list. “Free-range” farms require an air discharge permit under Rule 7.3 of the CARP.

Consents may also be required for the discharge of effluent and the taking and using of water, depending upon the individual operation. Where these consents exist for chicken farms, they are included in the attached list.

A number of the listed applications relate to applications to change the conditions of an original consent, or to change the consent holder name. In these circumstances, the original consent is listed as Terminated – Replaced, while current active consents are listed as Issued – Active.

21 January 2019 - Request for information regarding applications, grants, and rejections of applications for water consents in the 2006 to 2013 period

1519C  – We received a request for information regarding applications, grants, and rejections of applications for water consents in the 2006 to 2013 period, including:

  1. A full list of applicant entities
  2. A full list of water consents granted with details of the amount of water allocated in the consent, and
  3. A full list of those who were unsuccessful in water consent applications.

Please find attached a spreadsheet of all the water permit applications between the specified dates, including applicant names and whether the consent was granted, declined, or withdrawn.

Please note that a number of consents in the spreadsheet will be ‘double ups’ of the same water take. A new CRC number is allocated for changes to a consent, replacements or renewals of a consent for a water take. This means there can be more than one CRC representing the same water take.

Under ecan.govt.nz/data/consent-search, you can search any of the consent numbers to access the details of that consent, including the consent holder, location, conditions and the water allocation for that consent.

16 January 2019 - Request for information of all names of all consent holders who currently hold water permits authorised to take water for water bottling

1511C  – We received an information request for names of all consent holders who currently hold water permits authorised to take water for water bottling

Request for names of all consent holders who currently hold water permits that authorise the taking of water for the purpose of water bottling.

This information is already available on our website, under ‘current active water bottling consents’. This page is continuously updated.

15 January 2019 - Request for information of all West Melton groundwater allocation zone consents after 1 July 2012

1497C  – We received an information request for consent numbers for all groundwater consents granted after 1 July 2012 in the Christchurch - West Melton Groundwater Allocation Zone, excluding consents authorised under the rules for non-consumptive take and use.

Please find attached a spreadsheet which contains the information requested.

Please note that where “new consents” have been granted, notes have been added to clarify whether these “new consents” were in fact replacements or renewals of existing water permits (i.e. they already exist within the allocation).

With the exception of community supply takes and takes for the purpose of dewatering (e.g. for construction activities) or aquifer testing, which can be granted above the allocation limit, no new consumptive water (ie. where water is permanently removed from the aquifer system) takes have been granted since 2013 (i.e. any other new consents are replacements of already existing allocations).

7 January 2019 - Request for information regarding resource consent for Cloud Ocean

1527C  – We received an information request regarding resource consent for Cloud Ocean.

Reference to a letter published in the Christchurch Press of 15 December 2018 and request “reference to the section or sections of the Act that ECan has relied on in making the decision to consent Cloud Ocean’s bottled water take”. Further requested; “details of the advice given to ECan on the matter by Mr Richard Fowler QC”.

The information you have requested is contained in the decision document and can be found under 'Water bottling - what's the story?' on our website.

21 December 2018 - Request information regarding Cloud Ocean’s resource consent CRC175895
1. Requested “Cloud Ocean’s response(s) to the letter returning the application (dated 10 October 2018)”.

A copy of this document can be accessed by clicking on the link to a OneDrive folder in the body of the email to which this letter is attached, the file name of which begins with ‘document 1’.

2. You have requested “the email(s) (including any attachments) to Clemence Drilling dated 17 May 2018 (advising options prior to beginning the aquifer test) and all corresponding emails i.e. all other emails in the thread”.

All documents relating to this request are provided in the OneDrive link described above.

3. You have asked for “all notes from the meeting on 17 September 2018 between Canterbury Regional Council and Clemence Drilling (discussing options prior to beginning the third aquifer test)”.

All documents relating to this request are provided in the OneDrive link described above.

4. You have requested “all notes from the pre-application meeting held between Canterbury Regional Council (CRC) and Cloud Ocean Ltd”.

A copy of this document can be accessed by clicking on the link to a OneDrive folder in the body of the email to which this letter is attached, the file name of which begins with ‘document 4’.

5. You have asked for “all internal and external emails related to the matter of enabling Cloud Ocean Water Ltd to take water from bore BX24/1577. This includes (but is not limited to) all emails on the matter of CRC191770 and CRC192153.

All documents relating to this request are provided in the OneDrive link described above.

Of these, we have withheld four emails between our General Counsel and staff which were sent for the purposes of obtaining legal advice and are therefore privileged in terms of section 7(2)(g) of LGOIMA. We do not consider that the public interest in disclosing those emails outweighs the grounds for withholding them.

We have also made two minor redactions which were necessary to protect the privacy of natural persons under section 7 (2)(a) of LGOIMA.

6. Request for the checklists (or other documents) completed under s88 to verify the completeness of the applications for CRC191770 and CRC192153.

There were no checklists completed in relation to either of these applications. The grounds for returning CRC191770 are set out in the email trail provided.

In relation to CRC192153 the grounds for accepting the application are described in the Officer’s section 42A report and in the Hearing Commissioner’s Decision.

View documents in the consent search under related info

14 December 2018 - Request information regarding Cloud Ocean's application for consent for a change in conditions
1484C - We received a request for information regarding Cloud Ocean's application for consent for a change in conditions.
Question: “what caused the client to change its position on the ‘scope’ issue between 10 October 2018 (the date of its letter to Clemence Drilling rejecting the initial application) and the date it accepted the fresh application for processing?”
The application to change conditions as originally made (CRC191770) did not contain sufficient information to determine whether it could be processed as a change of conditions application. This matter was identified in the return letter dated 10 October 2018 as one of a number of reasons the application was rejected under s 88(3A) of the Resource Management Act 1991.
The resubmitted application (CRC192153) was accepted for processing on 1 November 2018 and has now been decided. The application contained sufficient detail and the necessary justification to enable it to be receipted as an application affected by s 127, being to change a condition(s) of consent CRC182813, rather than an application for a new activity.
The decision to receipt an application as a new or change of conditions is only a preliminary assessment, and is to an extent administrative, as the actual determination by Council on this matter is only made at the point the application is decided. This is to say, the decision maker is not bound by the preliminary determination and is required to form their own view. In this case, the decision has been made to grant the consent as a change of conditions, and the decision maker has traversed the reasons for this in the written decision.
Request for “all documentation and information held by, or able to be accessed by, the client, in relation to both the original decision to reject the initial application, and the subsequent decision to accept the fresh application. That will include (but not by way of limitation) any advice received by the client, any written communication with third parties and internally within Environment Canterbury, minutes of meetings at which the matter will presumably have been discussed, and file notes, memoranda and other records of any conversations between Environment Canterbury staff and third parties, and between Environment Canterbury staff”.
Copies of these documents were already provided to the requestor by way of our response to their previous request under LGOIMA dated 5 and 7 December 2018.
6 December 2018 - Request for all consents, communications and agreements between Environment Canterbury and Cloud Ocean
1478C - We received a request for all consents, communications and agreements between Environment Canterbury and Cloud Ocean.
Request for “all the consents and any further communications and agreements settled between Environment Canterbury and Cloud Ocean, regarding the water bottling at the Belfast plant, Christchurch”.
The consent applications are publicly available and can be accessed on our website.
Documents have previously been provided in response to other requests under LGOIMA.
26 November 2018 - Request for a list of all afforestation projects consented in the North Canterbury flow sensitive catchments since 1 November 2012.

1473C  – We received an information request for a list of all afforestation projects consented in the North Canterbury flow sensitive catchments since 1 November 2012.

Request for a list of all afforestation projects (that is, projects for the establishment of a forest or stand of trees (forestation) in an area where there was no previous tree cover) consented in the following North Canterbury flow sensitive catchments since November 2012:

  • Waipara River
  • Okuku River
  • Waitohi River

For each of these, the catchment name; applicant; consent number and area consented for afforestation has been provided.

There is one resource consent granted in these catchments. Details of this consent are as follows:

Catchment name: Waipara Catchment
Applicant: Mt MacDonald Farm Ltd
Consent number: CRC191496
Area consented for afforestation: Total 942ha (Block A - 918ha, Block B - 24ha)

26 October 2018 - Request for information regarding activities in riverbeds that require consent or are prohibited.

14511C  – We received an information request regarding the following activities in river beds are permitted, require a consent or are prohibited:

  • fences
  • sheds
  • water tanks
  • irrigation structures
  • application of water
  • applying fertiliser
  • cultivation
  • sowing crops or pasture
  • spraying crops or pasture
  • farm tracks
  • intensively farmed livestock
  • stock yards
  • drain clearing.

Activitys13 Consent RequirementsNotes
fences Permitted subject to conditions (LWRP rule 5.135)Structure is defined in the RMA as "any building, equipment, device or other facility made by people and which is fixed to land; includes any raft" (emphasis added). Given that, any of the below that are not fixed to the land are not considered structures in terms of the RMA and s13.
sheds Consent required for new sheds (LWRP rule 5.141A). Permitted to maintain existing sheds subject to conditions (LWRP rule 5.139)Structure is defined in the RMA as "any building, equipment, device or other facility made by people and which is fixed to land; includes any raft" (emphasis added). Given that, any of the below that are not fixed to the land are not considered structures in terms of
water tanks (existing)Consent required for new water tanks (LWRP rule 5.141A). Permitted to maintain existing water tanks subject to conditions (LWRP rule 5.139)Structure is defined in the RMA as "any building, equipment, device or other facility made by people and which is fixed to land; includes any raft" (emphasis added). Given that, any of the below that are not fixed to the land are not considered structures in terms of
water tanks (new)Structure is defined in the RMA as "any building, equipment, device or other facility made by people and which is fixed to land; includes any raft" (emphasis added). Given that, any of the below that are not fixed to the land are not considered structures in terms of
irrigation structuresConsent typically not required as most irrigation structures are not fixed to the bed (i.e. they move) and therefore do not require consent unless their passage would disturb the bed. Where there is part of a irrigation structure within a bed which is fixed this requires consent under LWRP rule 5.141A.Structure is defined in the RMA as "any building, equipment, device or other facility made by people and which is fixed to land; includes any raft" (emphasis added). Given that, any of the below that are not fixed to the land are not considered structures in terms of
farm tracksPermitted subject to conditions (rules 5.148 or 5.149). Of particular relevance to farming activities is whether the river is classified as a High Naturalness River in sections 6-15 of the LWRP, or a Salmon Spawning Site in Schedule 17 LWRP, and the volume of excavation (versus disturbance). Where it cannot meet those conditions it requires consent under rule 5.150.
intensively farmed livestockConsent required for intensively farmed stock (LWRP rule 5.70), however see notesDefinition of a braided riverbed is constrained from the RMA for the purposes of stock exclusion rules (i.e. 10m from the outer gravel margin, or whatever area that was in crop of pasture prior to 5 September 2015). The rules related to stock holding areas in the LWRP are specific to areas outside riverbeds. Within the bed of a river the rules related to stock exclusion apply.
stock yardsConsent required for intensively farmed stock (LWRP rule 5.70), however non-intensive stock may be permitted subject to conditions (5.68) Definition of a braided riverbed is constrained from the RMA for the purposes of stock exclusion rules (i.e. 10m from the outer gravel margin, or whatever area that was in crop of pasture prior to 5 September 2015). The rules related to stock holding areas in the LWRP are specific to areas outside riverbeds. Within the bed of a river the rules related to stock exclusion apply.
cultivationPermitted activity subject to conditions (rule 5.163). Conditions of particular relevance include whether the river is classified as a High Naturalness River in sections 6-15 of the LWRP, and whether clearance will occur within the salmon spawning season (where the area is considered a salmon spawning site in Schedule 17 LWRP).
sowing crops or pasturePermitted activity subject to conditions (rule 5.163). Conditions of particular relevance include whether the river is classified as a High Naturalness River in sections 6-15 of the LWRP, and whether clearance will occur within the salmon spawning season (where the area is considered a salmon spawning site in Schedule 17 LWRP).
drain clearingConsent not required under s13 as Artificial Drains are not considered "rivers" under the RMA and therefore are not subject to s13 of the RMA. A discharge permit under s15 may be required if there is an associated discharge (e.g. of sediment)
application of waterConsent not required under s13 but see notes.Unless permitted by a rule in a regional plan, an NES, or one of the s14 authorised uses of water (e.g. firefighting), any use of water requires consent under s14 (restrictions relating to water) of the RMA not s13 (restrictions on certain uses of the beds of lakes and rivers). This applies both inside and outside the bed of a river.
applying fertiliserConsent not required under s13 but see notes.Application of fertiliser onto any land (including the bed of a river) where it may enter water triggers s15 of the RMA (discharge of contaminants into the environment) not s13 (restrictions on certain uses of the beds of lakes and rivers). This applies both inside and outside the bed of a river. . This applies both in and outside the bed of a river. However, if the application of fertiliser might subsequently result in fertiliser entering water, consent is required as the activity cannot meet the 10m setback from the bed of a river required by LWRP Permitted Activity Rule 5.65
spraying crops or pastureConsent not required under s13 but see notes.The discharge of agrichemicals is a permitted activity subject to conditions (rule 5.22). This applies both in and outside the bed of a river.

It is worth noting that many of the activities listed above are quite broad and the status of the activities (i.e. permitted or consented) is likely to vary depending on whether the conditions of the Canterbury Land and Water Regional Plan (LWRP) rules are met. Each instance would need to be assessed on a case-by-case basis, and therefore it is noted where activities are permitted subject to conditions.

In addition, some of the above activities are not subject to Section 13 of the RMA, and therefore do not trigger consent requirements under that section of the Act. These activities may require consent under other parts of the RMA. Notes are therefore included on when (and under what sections of the RMA) those activities do require consent. Also noted (where applicable) is where those activities require consent outside the bed of a river (as well as inside).

 

25 October 2018 - Request for documents sent circa 2007 and 2008 regarding the outcome of the consent for the Christchurch City Council compost plant.

1449C  – We received a request for a copy of the documents sent to circa 2007 and 2008 regarding the outcome of the consent for the Christchurch City Council compost plant.

The documents we supplied were:

  • Application by CCC - Metro Place composting facility.
  • Copy of the letter and decision of the hearing which went out the beginning of 2008.
19 October 2018 - Request for how much money Kaikōura water zone committee gets and where funds go. How much Environment Canterbury receives from all gravel consents and authorisations in Kaikōura (concern with Kaikōura rates).

1447C  – We received a request for how much money Kaikōura water zone committee gets and where funds go. How much Environment Canterbury receives from all gravel consents and authorisations in Kaikōura (concern with Kaikōura rates).

Since the Kaikōura earthquake in November 2016, Environment Canterbury has granted 15 resource consents and 34 gravel authorisations within the Kaikōura area. The combined total of gravel allocated under these permissions is 2,714,616 cubic metres.

Environment Canterbury charged a gravel management fee of 13 cents per cubic metre of gravel allocated up until 30 June 2018, when it was reduced to 11 cents. The total amount therefore collected in the Kaikōura area since the earthquake is $332,534.84.

It is important to note the charge is not a royalty. It is specifically collected for monitoring of riverbed change throughout all of the Canterbury region. The vast majority of the money collected goes towards survey of riverbeds and analysis of that survey information.

12 October 2018 - Request for all information regarding 20 Station Road (Cloud Ocean Water Ltd) and 66 Belfast Road (Rāpaki Natural Resources Ltd) since 2017.

1439C  – We received a request for all information regarding 20 Station Road (Cloud Ocean Water Ltd) and 66 Belfast Road (Rāpaki Natural Resources Ltd) since 2017.

1. 20 Station Road – All records held by Environment Canterbury in respect to water taken by Cloud Ocean Water Limited or otherwise from the above site, from 21 December 2017 to present.

Water data graphs for Cloud Ocean’s water take from CRC182813 for the period 13 August to 8 October 2018 were sent to the requester.

Any data previous to this was so distorted as to be unusable due to the following:

1. Electrical interference with the data logger and flow meter providing highly inaccurate, rogue readings
2. Issues with the data logger communicating with the host server has meant that there is some missing data.

We found two photos, one from 24 August 2018 which confirms minimal amount of water used since December 2017 when the flow meter was installed. The external flow meter attached to the well (photo 152836) indicated a reading of 10,534,244l used or 10,534.244m3

We were able to match this to an internal flow meter which is attached to the same line and a photo of this meter taken on 4 September shows a reading of 10244.937m3. The difference exists as the flow meter was used during well testing phases when it hadn’t been connected up to the factory line. There could also be a difference in the percentage error of the two flow meters. There is no requirement for Cloud Ocean to have the internal flow meter recording correctly. The external flow meter is the device which provides data to the data provider and Environment Canterbury.

2. 66 Belfast Road - All records held by Environment Canterbury in respect to water taken by Rapaki Natural Resources Limited or otherwise from the above site, from 21 December 2017 to present.

Water takes at 66 Belfast Road are currently inactive. Hence, we do not hold any water data for these takes.

Prior to these takes becoming active, the consent holders will need to comply with their consent conditions which includes installing a flow meter and data logger on each bore, as well as exercising their consents and ensuring data is being sent to us. The site at 66 Belfast road is currently a demolition site.

3. Any contamination reports, including site investigation reports, site management reports or similar, relating to either of the above sites.

20 Station Road is included on the LLUR in relation to two HAIL land uses:

  • A17 – Storage tanks or drums for fuel, chemicals or liquid waste
  • A16 – Skin or wool processing

Reports relating to contamination at this property are provided at the link set out below.

66 Belfast Road is not included on Environment Canterbury’s Listed Land Use Register (LLUR) in relation to hazardous activities and industries list (HAIL) land uses. There is therefore no file managed for that physical address. This does not mean hazardous activities or land uses we don’t know about have never occurred there.

 

1 August 2018 - Request for information on ground source heating/cooling in CHCH using underground/aquifer water. Permitted & consented.

1380C - We received an information request regarding information on ground source heating/cooling in CHCH using underground/aquifer water. Permitted & consented.

The Canterbury Land and Water Plan (LWRP) includes a permitted activity rule for ground source heating systems. However, most people have been seeking consent to have more certainty.

Below is a list of the issued resource consents for water takes and discharges for ground sourced heating. 

The permitted activity rule 9.5.15 is as follows:

Taking and using of groundwater for district heating and cooling schemes

“9.5.15 The non-consumptive taking and using of groundwater for district heating or cooling schemes, and the associated discharge to groundwater, is a permitted activity, provided the following conditions are met:

Consent holder Take permit Discharge permit
The Tait Foundation CRC190167 CRC190169
Canterbury Regional Council CRC146483 CRC146484
The Arts Centre of Christchurch Trust Board CRC154729 CRC154730
Christchurch City Council CRC166838 CRC166839
Otakaro Limited CRC167902 CRC155594
Christchurch DES Limited Partnership CRC168911 CRC168912
University of Canterbury CRC173510  CRC173511 
Ministry of Justice CRC173912 CRC173911
The Terrace on Avon Limited CRC175832 CRC175833
University of Canterbury CRC154984 CRC154987
Hornby School CRC185991 CRC185992

The permitted activity rule 9.5.15 is as follows:

Taking and using of groundwater for district heating and cooling schemes

9.5.15 The non-consumptive taking and using of groundwater for district heating or cooling schemes, and the associated discharge to groundwater, is a permitted activity, provided the following conditions are met:

  1. The take and discharge is located within the area bounded by Moorhouse Avenue, Fitzgerald Avenue, Bealey Avenue, Harper Avenue and Deans Avenue; and
  2. The take shall only be from a bore or bores screened at a depth of no less than 30 metres and no more than 100 metres; and
  3. The discharge shall only be to the Riccarton gravel aquifer being the first gravel aquifer encountered below 20 metres;
  4. The discharge is only groundwater abstracted under this rule; and
  5. Prior to the first abstraction of groundwater, the direct cumulative interference effect is classified as being acceptable as determined in accordance with Schedule 12, except that for the purposes of this condition "direct cumulative interference effect" includes those effects on any existing authorised or permitted takes; and
  6. The discharge from the heating and cooling scheme does not result in any loss of operational efficiency in any temperature sensitive bore that existed prior to the time the discharge first commences; and
  7. Monthly records of the temperature and rate of water abstraction and water discharge, measured in accordance with the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010, are retained and supplied to the Canterbury Regional Council upon request; and
  8. A record of the modelling undertaken in accordance with condition 5 is retained and provided to Canterbury Regional Council upon request; and
  9. The Canterbury Regional Council is advised in writing of the installation of any district heating or cooling scheme prior to the commencement of any take or discharge associated with that scheme.

For the purposes of Rule 9.5.15 "district heating or cooling scheme" means a system that abstracts and discharges groundwater for the purposes of heating or cooling residential developments comprising three or more residential units, or any commercial or industrial development.

27 February 2018 - Request for information about applications for new take and use water permits for the Christchurch-West Melton Groundwater Zone.

1263C - We received an information request regarding applications for new take and water use permits for the Christchurch-West Melton groundwater zone. 

Please find here a spreadsheet which includes a list of all current applications (based on our IT search tool) related to taking groundwater in the Christchurch West Melton groundwater allocation zone (as of 15th February 2018). This details the industry/purpose of each application, and whether or not it is replacing an existing take.

Further information about the specifics of any of these applications is available via our online consent search.  Entering the CRC number and checking the “Related Info” tab will provide a direct link to the application document (and once decisions are made, the decision and s42A report).

27 February 2018 - Request for information about applications for new take and use water permits for the Christchurch-West Melton Groundwater Zone.

1263C - We received an information request regarding applications for new take and water use permits for the Christchurch-West Melton groundwater zone. 

Please find here a spreadsheet which includes a list of all current applications (based on our IT search tool) related to taking groundwater in the Christchurch West Melton groundwater allocation zone (as of 15th February 2018). This details the industry/purpose of each application, and whether or not it is replacing an existing take.

Further information about the specifics of any of these applications is available via our online consent search.  Entering the CRC number and checking the “Related Info” tab will provide a direct link to the application document (and once decisions are made, the decision and s42A report).

27 February 2018 - Request for information on fresh water consent management; water takes and discharges of contaminants to water

1260C - We received an information request regarding fresh water consent management. Please find outlined below the requestor’s specific queries and our responses.

What estimates are used to assess potential freshwater contamination, including land use?

Environment Canterbury uses the OVERSEER model to assess the nutrient losses from farming activities.  This model assesses the loss of nitrogen from the bottom of the root zone (as opposed to the loading rate at the land surface), to provide an assessment of the impact on water quality.  The model takes into account a number of factors including stock and crop type, fertiliser application, irrigation application etc.

There is no specific consistent model or estimates that are used to assess domestic wastewater, as this depends on the system that is being installed and the testing that has been done on that system and contaminant removal.

The main estimate used for contamination into groundwater is the separation distance from the discharge point to highest potential groundwater.  The AS/NZ 1547 wastewater guidelines provide guidance on recommended separation distances.  The main factors that are taken into consideration are the system type and treatment levels, groundwater levels, soil type and distance to surface water.  To surface water a minimum of 20 metre set back is required. If the distance is anything less than this an additional mitigation would be required.

Industrial wastewater discharges are dealt with on a case by case basis depending on the type of discharge and the location.
Stormwater discharges are managed with reference to Auckland and Christchurch City Council contaminant load guidelines.

Please provide a copy of the document or spreadsheet they came from.

For more information on OVERSEER please refer to the OVERSEER website.

In addition you can read the Christchurch City Council Waterways wetlands and drainage guide.

What are the differences in consent criteria for under allocated vs over allocated sites?

The status of consented activities, and the matters that can be considered, are set by the regional plan relevant to the area in which the activity is occurring. Whether consent is required depends on the size of the property, the level of nitrogen loss (as estimated using OVERSEER) and the status of the nutrient zone (e.g. is it meeting water quality outcomes (green zones), at risk of not meeting water quality limits (orange zones) or not meeting water quality limits (red zones).

As an example, where water quality limits are not being met (red zones), farming activities on areas 5 ha or more, and with losses (at the root zone) of >20 kg N/ha/yr, require consent for the ongoing farming activity. Increases above the nitrogen losses occurring over 2009-2013 (the nitrogen baseline) are prohibited (i.e. no consent can be applied for). Where losses are maintained at or below the nitrogen baseline, consent can be obtained and requires preparation of a Farm Environment Plan in which the farmer outlines risks, and management matters. These are then independently audited and graded to ensure farmers are meeting good management practice. Where farmers are not meeting an A or B grade (i.e. they are not undertaking good management practice), they are considered non-compliant with their consents.

These rules act an interim ‘holding pattern’ while Environment Canterbury works through a community driven process (the Canterbury Water Management Strategy) to set local limits for different areas. This process has already been completed for the Selwyn-Waihora area and South Coastal Canterbury and these rules have been incorporated into the relevant sections of the Canterbury Land and Water Regional Plan (LWRP).  These areas require reductions in losses over time in order to address the fact that nitrogen levels are greater than the limits desired by the community.

The plans for a further two areas are currently under appeal (the Hinds catchment and upper Waitaki), but when appeals are resolved these will be incorporated into the LWRP.

There are no real differences assessed for wastewater.

How often are water bodies monitored and a breakdown of water quality testing for the water bodies in your region (for every indicator of water monitored)?

The table below provides a summary of the monitoring we undertake in lakes and rivers (water bodies) as part of our State of the Environment monitoring, by frequency and parameter. Please note that we may sample multiple sites on a river or lake, and that the figures provided are from State of the Environment and Policy Planning Effectiveness monitoring only.

ECan SoE monitoring (rivers and lakes) Water Bodies Sites Cost
Monthly 100 124   
Quarterly 26 47  
High Country Lakes (monthly Dec-April) 28 30  
Total 156 201  
Monthly: Rivers / Lakes + Lagoons 96/4 3.4  
Quarterly: Rivers / Lakes + Lagoons 23/3 0.8  
Parameters      
Total Nitrogen, Total Phosphorus 156 201 25.51
Chlorophyll A 31 44 19.97
Turbidity 156 201 4.61
Total Ammoniacal-N, Nitrate-N + Nitrite-N, Dissolved Reactive Phosphorus 125 170  29.95
E.coli 125 170  21.20
Total Suspended Sediment 125 170  11.06
Volatile Suspended Sediment 4 8  4.10
Algae - ID, unit count + cell count Cyanobacteria 5 10 250.0
Visual % cover of algae, macrophytes + sediment 122 122 160  
Black Disc Clarity 101 132  
Clarity Tube 2 2  
Secchi Disc 1 5  
Field measurements - Temperature, DO mg/L, DO % saturation, Specific Conductivity, pH 125 170  
Trophic Level Index 35 40  

Please note that we may sample multiple sites on a river or lake, and that the figures provided are from State of the Environment and Policy Planning Effectiveness monitoring only. In addition, we sample approximately 100 other sites per year for investigation purposes. These sites would be monitored for an assortment of parameters, dependent on the purpose of the investigation. Below is a table of additional parameters that we commonly use, although not exclusive.

Common parameters used for investigations Cost
Nitrate-N 12.29
Nitrite-N 12.29
Total Dissolved Phosphorus 10.76
Total metals (Arsenic, Cadmium, Chromium, Copper, Lead, Nickel, Zinc) 5.12 each
Dissolved metals (Arsenic, Cadmium, Chromium, Copper, Lead, Nickel, Zinc) 4.10 each
Total Biological Oxygen Demand 19.82
Dissolved Organic Carbon 19.97 
Magnesium + Calcium 9.22
Total Kjeldahl Nitrogen 14.34
Chlorophyll A (benthic) 41.25
Total Petroleum Hydrocarbons 53.55
Polycyclic Aromatic Hydrocarbons 137.70
Faecal Source Tracking variable

Would you consider the current levels of monitoring: inadequate, sufficient or excessive?

Environment Canterbury’s SoE monitoring programme is designed to cover our geographical range and river types. The SoE programme is regularly reviewed (last review 2013) to ensure that the budget is best spent in terms of providing data for a number of organisational purposes, for example, compliance with national legislation, input into science and planning projects, reporting on state and trends. We consider our current monitoring programme fit for purpose.

What is the average cost of testing for each of these contaminants/ indicators of water quality?

Approximately $95 for a standard SoE suite at a river site, and around $115 for a standard SoE lake site. This does not include any algal testing, or any resource and staff time. The cost at investigation sites can often be higher, especially if it is an urban site requiring metals or hydrocarbons testing.

Provide information about the approaches used for maintaining vs improving water quality.

Good Management Practices (GMPs) can be used on farms to improve water quality, notably nitrogen, phosphorus, sediment, and faecal contaminants (see Good Management Practices for more detail).  A farm environment plan (FEP) is a tool that can help recognise on-farm environmental risks and set out a programme to manage those risks.  FEPs are unique to a property and reflect the local climate and soils, the type of farming operation, and the goals and aspirations of the land user.  The level of complexity of a FEP will largely depend on how much farm system change is under way or being considered.

A Farm Environment Plan includes a description of how each of the following objectives will, where relevant, be met. This involves:

(a) Nutrient management: To maximise nutrient use efficiency while minimising nutrient losses to water
(b) Irrigation management: To operate irrigation systems efficiently and ensuring that the actual use of water is monitored and is efficient.
(c) Soils management: To maintain or improve the physical and biological condition of soils in order to minimise the movement of sediment, phosphorus and other contaminants to waterways.
(d) Collected animal effluent management: To manage the risks associated with the operation of effluent systems to ensure effluent systems are compliant 365 days of the year.
(e) Livestock management: To manage wetlands and water bodies so that stock are excluded as far as practicable from water, to avoid damage to the bed and margins of a waterbody, and to avoid the direct input of nutrients, sediment, and microbial pathogens.
(f) Offal pits: To manage the numbers and locations of pits to minimise risks to health and water quality.

The FEP also sets out a programme to manage risks and achieve the set objectives.

How often are consent holders assessed for compliance?

In Canterbury, the delivery of RMA compliance monitoring and enforcement activities is done within a wider strategic context set out through the Long-Term Plan and the Council’s other plans and strategies, such as the Canterbury Water Management Strategy (CWMS) and Zone Implementation Programmes.

Environment Canterbury takes a prioritised approach to the compliance monitoring of resource consents.  Activities to be monitored, investigated and/or responded to are done so based on a prioritised and risk-based framework informed by factors such as environmental risk, activity, sector, and compliance history.  Integrated compliance monitoring work programmes are developed for each zone annually which respond to national, regional and zone priorities.  All high-risk consents are monitored according to a customised plan developed to mitigate the risks of the activity.  Read the resource consent monitoring guidelines.

In practice, this means approximately 8,000 compliance monitoring inspections are completed annually. Over 60% of consents monitored were water permits.

Are there any issues with maintaining compliance?

Our current rate of non-compliance is less than 10%, with very few non-compliances requiring the most serious enforcement such as prosecution.  We provide an Incident Response service which reacts to notifications from the public of potential breaches of the Resource Management Act, and through this function can effectively use the public to alert us to possible non-compliances which may not have been found during routine monitoring.  This service is effective in ensuring incidents are quickly investigated and remedial and/or enforcement action is taken.

Due to the high number of consents issued in Canterbury, resourcing is a constraint to monitoring all consents.  For this reason compliance monitoring is prioritised (as noted above) to ensure we can achieve the longer term organisational and environmental outcomes of the CWMS and other strategies.

Systems for managing large volumes of water use data are in the early stages of development. Programmes of work are in place to further streamline data management and analysis tools to improve the efficiency of alerting and targeting monitoring to potential non-compliance.

22 February 2018 - Request for information on ground and surface water consents issued by Environment Canterbury.

1251C - We received an information request regarding ground and surface water consents for 2015, 2016 and 2017. The requestor’s specific questions and our answers are outlined below.

How many consent applications for groundwater and surface irrigation takes were issued during 2015, 2016 and 2017?

Please view a table here with this information. Please note that the ‘parent’ column indicates where the consent had a preceding consent, so the consent may have been a renewal or change of conditions rather than the grant of a “fresh” consent.

How many consent breaches were recorded for both groundwater and surface water consents?

The information requested relating to consent breaches spans two compliance monitoring seasons (15/16 – 16/17). Information is provided for both sets of years below.
For the 2015/16 year, I can confirm that of 3617 inspections, 746 had a non-compliance requiring action.
For the 2016/17 year, I can confirm that of 4,764 inspections, 348 inspections had a non-compliant element requiring action.

What are the five largest consent breaches?

We’ve taken this to mean the most commonly occurring breaches relating to water takes. For both monitoring seasons there were four types of breaches;

  • Failing to install a water measuring device and/or recording device
  • Failing to carry out a verification test on a measuring device
  • Unauthorised abstraction of water
  • Failure to undertake an adaptive management assessment.

Has anyone been prosecuted, or have any fines been issued as a result of the breaches?

A range of other enforcement action was taken in relation to the non-compliances including written warnings, education and increased monitoring. More information on our compliance process, including explanations of what abatement and infringement notices are, please go here.

  • For 2015/16, there was one infringement notice (which incurs a fine) and 76 abatement notices issued.
  • For 2016/17, there were nine infringement notices (which incurs a fine) and 152 abatement notices issued.

How many breaches were repeat offences?

  • For 2015/16, there were no repeat offences.
  • For 2016/17, we issued nine infringement notices for breaching a previously issued abatement notice.
22 February 2018 - Request for information on consented water takes in Canterbury

1230C - We received an information request for consented water takes in Canterbury

The following information can be found in full here:

  • Water takes which are not currently measured
  • Address has been withheld
  • Name of water source
  • Nature of business/activity
  • Volume of water take allowed by consent

All water takes which are measured

  • Address has been withheld
  • Name of water source
  • Nature of business/activity
  • Volume of water take allowed by consent (currently it is not possible to provide actual water used)

Please note: The data shown in the tables is in units of litres per second (i.e. the average daily flow rate of the consent).
Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 require all water consents of 5 litres/second or more to have a water measuring device (i.e. meter, datalogger and/or telemetered device) installed to provide a record of water use.

In Canterbury, an estimated 97% of water allocated (i.e. total water volume) is measured. Understandably, we focused on encouraging the highest volume users to comply to begin with, such as dairy farms or irrigation schemes. Good progress has been made, and we are now addressing those who take smaller amounts of water, such as people living on lifestyle blocks. If a consent holder does not comply, compliance action will be taken by Environment Canterbury.

Find out more about water metering.

21 February 2018 - Request for information on the 42A reports for the Advantage Plastic consents

1257C - We received an information request regarding the section 42A reports for the Advantage Plastic consents. Please find the section 42A officer’s reports below:

It is worth noting that CRC182471 was a change of the conditions of CRC181666 so it is not a new consent; rather, it is a variation to the existing consent.

In addition, the s42A report for CRC181666 gives specific consideration to the cumulative effects of wastewater discharges into the environment and that the new system, while discharging more wastewater than was already occurring on site, replaced the “existing soak hole disposal system” (i.e. mostly direct discharge to groundwater) with a new treated discharge through a better disposal method (land application system through a sand treatment medium).

The stormwater consent (CRC174304) also gave consideration to the impacts of that discharge on the environment. Please note that the contaminants in stormwater (for example, sediment runoff, hydrocarbons from vehicles, possible risk of fuel spills, spill of plastic powder and mono-coat liquid used to prevent plastic binding to moulds) are different to those from a wastewater discharge (nutrients such as nitrogen and pathogens).

12 February 2018 - Request for information on discharge consents for Hunter Downs

1253C - We received a request for information regarding discharge consents for Hunter Downs.

Hunter Downs holds a nutrient discharge consent, however, does not hold a consent to discharge water to Wainono lagoon (for augmentation of the lagoon). An additional consent would be required for any discharge for augmentation purposes.

They also ask for all information pertaining to the consent, of which they do not hold to discharge water to Wainono Lagoon, therefore there are no documents. However, the resource consents for CRC180569 and CRC156580 to take and use water, and to discharge nutrients to land associated with the use of land for farming.

The requestor also asked if there is an independent review underway.

There is no review in place or planned for the existing consents. Should Hunter Downs apply for a consent to augment Wainono Lagoon, all the information will be reviewed by Environment Canterbury experts as part of our consent processes.

8 February 2018 - Request for information on the Cloud Ocean Consent.

1261C - We received an information request regarding whether Cloud Ocean Water (or any other entity) has applied for either a new consent to take and/or use water or for a change of consent conditions, which would allow the extraction of water from the new Bore BX24/1577.

Environment Canterbury has not received any applications from Cloud Ocean Water that would allow the extraction of water from bore BX24/1577.  Cloud Ocean Water does hold a consent in relation to the sinking of that bore (CRC180265) but as you will see (set out in the Advice Note under condition 1 of the resource consent) this consent does not allow the company to take water from this bore.

Environment Canterbury is also not aware of any water presently being taken from Cloud Ocean Water’s existing bore on the site at 20 Stations Road, Belfast.  The relevant consent is CRC182813. That consent requires the consent holder to install a telemetered water meter before the first exercise of the consent.  A telemetered water meter would provide real-time water use data to Environment Canterbury.  We have received no such data and therefore do not believe that Cloud Ocean Water is taking any water from that bore.

29 January 2018 - Request for information on any consents or other permissions used to authorise the construction, maintenance and use of the mountain bike tracks at McLean’s Island, and to authorise any other disturbances occurring north of the primary stopbank at McLeans Island

1234C - We received an information request for any resource consents, certificates of compliance, “de minimis” recognitions, rules or other permissions or authorities on which the Canterbury Regional Council (Environment Canterbury) has relied to authorise the construction, maintenance and use of the mountain bike tracks.

Please find a table which lists the authorities for activities north of the stopbank, and a letter in response to a de minimis request.

12 December 2017 - Request for information in the HAIL register, and active resource consents and consent numbers for Christchurch Men and Women’s prison

1233C - We received an information request regarding any information in the HAIL register, active resource consents and resource numbers for Christchurch Men’s and Women’s prisons. We provided the following information:

Please note, in the context of this inquiry we understood the reference to “active resource consents” to mean any that are not expired or lapsed i.e. current resource consents.

The above spreadsheet contains the list of current resource consents relating to the Department of Corrections in Canterbury.  Please note consent information is available on our website.

11 December 2017 - Request for information on the management of existing discharges into the Twizel Drinking Water Protection Zone.

1222C - We received an information request regarding consents for human effluent discharge into the Twizel Drinking Water Protection Zone and how the human effluent discharges are being managed.

The only resource consent for human effluent discharges within the community protection zone is CRC084700. There are three other issued consents for wastewater discharges outside the protection zone in Hocken Lane:

Environment Canterbury does not have information on how Mackenzie District Council manages human effluent discharges in the Twizel Drinking Water Protection Zone.  We are working alongside the Canterbury District Health Board (CDHB) and Canterbury district councils to establish good practice for management and protection of drinking water supplies across the region, but that work is not yet complete.

8 December 2017 - Request for information on water allocation in Canterbury related water consents

1216C - We received an information request regarding water allocation in Canterbury and water consents granted since those water allocation areas reached 100% allocation.

We provided the requestor with the current percentage of allocation in each area and this is attached for:

  1. Surface Water
  2. Groundwater

We have two different spreadsheet tables because Groundwater and Surface Water are accounted for separately. This is because they have different management triggers.

  • Surface water has minimum flows in the river at which irrigation must cease and river flow trigger levels at which flow rates must reduce.
  • Groundwater doesn’t have minimum flows attached but is managed on an instantaneous take rate and annual total.
  • Groundwater takes that are considered hydraulically linked (i.e. taking their water directly affects river flows because they are so close to a river) are considered surface water takes.

We manage the water as a single resource (combined groundwater and surface water) but for the sake of accounting for takes and how they are restricted we maintain different tables.

The requestor also asked for any commentary that would be helpful and we provided the following:

Within Canterbury there is a comprehensive suite of resource management plans to manage the take and use of water. Many of our largest catchments, including the Hurunui, Waiau, Waimakariri and Waitaki, along with the Waipara, Opihi and Pareora Catchments have their own flow and allocation plans which list the Minimum River Flow and an allocation regime which determines how much water can be allocated.

Some of our Alpine rivers, including the Rangitata and Rakaia have water conservation orders which contain similar restrictions.

The Land and Water Regional Plan (LWRP) is the most modern of Canterbury’s plans, with its final parts becoming fully operative in early 2017. It contains minimum flow and allocation limits for all other rivers and streams in the region, and allocation limits for groundwater throughout the region.  This plan provides the strongest direction possible to ensure that allocation limits are not exceeded by any new takes, expressly prohibiting any applications for new takes if they would breach limits. You will see that some of the water management areas are over 100% allocated; this is a historical result of consents granted before the planning framework was put in place.  Under the LWRP, where consent is sought to continue existing abstractions in overallocated catchments, the plan provides direction that those existing takes should be reduced to phase out overallocation.

Whether a river is managed under a Resource Management Plan or Water Conservation Order they all have a similar management approach.

Anyone wishing to take and use water must apply for resource consent. Consent will only be granted if there is space available within the allocation block. Consents are granted with conditions including a requirement to cease taking water when the minimum flow is reached. Most takes for irrigation now have an annual volume (i.e. a total amount of water which can be taken over a year). Most consents, and in practice all large consents, to take and use water now have a water meter which allows us to monitor accurately water use across the region.

6 December 2017 - Request for information on companies in the Canterbury region which have air discharge and water-related consents issued to them for the ongoing monitoring of their air and water discharged water consents

1220C - We received an information request regarding companies in the Canterbury region which have air discharge and water-related consents issued to them for the ongoing monitoring of their air and water discharges.

Please find attached a spreadsheet which contains all discharges to air and discharges of water to water across Canterbury.

4 December 2017 - Request for information on the jurisdictional boundaries, monitoring processes and details of resource consents for the South New Brighton and South Shore areas of Christchurch.

1217C - We received a request for information on the jurisdictional boundaries, monitoring processes and details of resource consents for the South New Brighton and South Shore areas of Christchurch. The requestor's specific questions are below with our answers.

Provide details of monitoring processes and details of resource consents that have effect in or were received or issued for the South New Brighton and South Shore areas of Christchurch.

Consent monitoring programmes are designed to deliver regional and zone priorities as well as mitigate the risks associated with the individual activity.  The Christchurch West Melton Zone Committee develops actions and tactics to deliver on the 10 targets of the Canterbury Water Management Strategy (CWMS) in their zone, which help to determine the priorities for consent monitoring. Environment Canterbury operates a risk-based compliance strategy that considers a number of factors, including scale of the activity and the risk of harm.  Each consent has a risk score, which determines the frequency and type of monitoring that will be carried out.

Types of monitoring include site visits, desktop monitoring, community notifications and proactive campaigns.  Good management practices which result in continued compliance with consent conditions will often reduce the level of monitoring required to minimise the risk of environmental harm.  The compliance gradings supplied in the attached spreadsheet are the outcome of these monitoring activities.

How does Environment Canterbury intend to “meet its obligations under the above-mentioned legislation?”

The Minister for Earthquake Recovery Approved a change made under section 27 of the Canterbury Earthquake Recovery Act 2011 to amend the following Resource Management Act documents to change the location of the Avon River mouth and the Coastal Marine Area Boundary to respond to the change in estuary dynamics as a result of land subsidence following the Canterbury earthquake sequence. You can view the amended map series below.

The Regional Coastal Environment Plan for the Canterbury Region

The Canterbury Regional Policy Statement

The Christchurch District Plan

The Council is required to ensure that when its plans are reviewed they give effect to the New Zealand Coastal Policy Statement and all other national policy statements as well as the regional policy statement. In terms of how we are planning to implement our responsibilities under the NZCPS, the timing of the review of the Regional Coastal Environment Plan is noted in the draft Long-Term Plan 2018-28 and this plan will be available for public consultation from Monday 26 February to Monday 26 March 2018.

In terms of the management of coastal erosion and managing the effects of sea level rise, the Minister for Earthquake Recovery, under Action 46 of the LURP, has directed Christchurch City Council, Waimakariri District Council and Selwyn District Council to manage the effects of these hazards on the landward side of the coastal marine area. This was achieved by the following changes being made to the Regional Policy Statement:

Adding a new method in Chapter 9 as follows:

  • Method 9.6 Responsibilities of Christchurch City, Waimakariri and Selwyn District Councils
  • Christchurch City, Waimakariri and Selwyn District Councils will identify areas likely to be subject to coastal erosion and seawater inundation including the cumulative effects of sea level rise over the next 100 years through the provisions of their district plans and include objectives, policies and methods to control the use of land within those areas.

And redrafting method 9.6 (now 9.7) to read as follows:

  • Method 9.7 Regional Rules Erosion Hazard
The following rules apply within Hazard Zones 1 and 2, defined on the Coastal Hazard Zone Maps in Volume 3 of this Plan. They control certain uses of land undertaken in areas subject to coastal erosion and control activities that can contribute to coastal erosion.
The following rules do not apply in Christchurch, Waimakariri and Selwyn districts, where areas likely to be subject to coastal erosion and sea water inundation, including the cumulative effects of sea level rise over the next 100 years, have been identified through provisions of an operative district plan.
27 November 2017 - Request for information on Simons Pass consents

1215C - We received an information request regarding Simons Pass consents and the information provided to Mackenzie District Council for their decision making process.

The consent referred to by the requestor is a resource consent application for Simons Pass to construct a vehicle access track. They queried if Environment Canterbury liaised with Mackenzie District Council on this application and if both councils discussed the objectives and conditions of the Dryland Recovery Area.

When Mackenzie District Council (MDC) was processing the applications for the tracks on the Simons Pass property, MDC made a request for information on the Simons Pass consents obtained from Environment Canterbury.
Environment Canterbury provided MDC with copies of the consent order and consents including conditions and attachments that were the outcome of the Simons Pass appeals. This is all the information that is able to be provided on the outcome of a mediated settlement.

18 October 2017 - Request for information on plans and documents pertaining to CRC030686

1192C - The requestor asked for all requested plans and documents pertaining to CRC030686.

19 September 2017 - Request for information on water permits for the Christchurch West Melton aquifer

1171C - The requestor asked for all water permits for the Christchurch West Melton aquifer that are categorised on the permit as being for ‘industrial use’.

We supplied a table of issued resource consents for groundwater takes for industrial and service industry purposes in the Christchurch West Melton Canterbury Water Management Strategy (CWMS) zone.  This included food products/processing and manufacturing within the search parameters.

The table includes the consent number, expiry date, consent holder, address and industrial use as listed in our database.  Further details and conditions for each consent can be found in the online consent search tool at www.ecan.govt.nz.

It is important to note that a consent for ‘industrial and service industry purposes’ does not mean that the holder can use that consent as of right and switch the use to water bottling.  In the majority of cases, a new consent for an alternative use of water would be needed, but it depends on what was written in the original application.  For example, the water use permit for Kaputone wool scour classified the use as ‘industrial’, but the original consent application was specifically for an industrial use as a wool scour, therefore a new consent would need to be applied for to use water for bottling.

If someone is selling a property that has a consent that allows water bottling, the consent will transfer to the new owner of the property.  The water is already allocated and the transfer is only a change of who holds the consent.

When an application is made for a water take, Environment Canterbury’s role is to look at the volume of water being taken and the environmental effect of taking and using that water.  For example, we consider the drawdown effects of a water take to ensure other bores are not affected. It is not our role to make a judgement on how they use it.

We have some information about water bottling on our website here.

17 September 2017 - Request for information on consents for Blakeley Quarry

1190C - We received an information request for the documents related to the recent variation(s) i.e. the original consent(s), the application(s) to vary the consent(s), the recommending report(s) and the new consent(s) for resource consents for a water bottling plant. The requestor also wanted the water take from the relevant bores for the past 5 years.

We received an information request for the consent and conditions for the acceptance and removal of future disposal of a pile of demolition material stored on the Blakeley Quarry site. Find the associated documents below.

To note, the Christchurch City Council (CCC) Order in Council temporary accommodation permit (TAP) covers authorisation for the waste at the site.  Temporary accommodation permits were extended from April 2016 to June 2021 through the Greater Christchurch Regeneration Act 2016.

CRC122597 is the principal Environment Canterbury land use consent for the stockpiling and processing of demolition waste, including the construction and use of an in-quarry compacted storage pad.  This consent expires in April 2018, at which point the waste must be removed.

Our staff are involved in two-weekly communication with Woody Blakely on progress in order to meet the expiry date of the consent. We also undertake regular compliance monitoring of the site.

Additionally associated consents for the site are:

  • CRC122063 to discharge contaminants to air from the above activity from the demolition waste; and
  • CRC122054 to discharge stormwater from the stockpiled demolition waste.
12 September 2017 - Request for information on resource consents for water bottling for a plant on a former Silver Fern Farms site

1165C - We received an information request for the documents related to the recent variation(s) i.e. the original consent(s), the application(s) to vary the consent(s), the recommending report(s) and the new consent(s) for resource consents for a water bottling plant. The requestor also wanted the water take from the relevant bores for the past 5 years.

The process and history of the consents are set out below:

  • CRC180311: Amalgamation of CRC172245 and CRC180728
  • CRC180728: New consent for the use of water for bottling
  • CRC172245: Transfer of CRC971556 from Silver Fern Farms (SSF) Ltd to Rapaki Natural Resources Ltd
  • CRC971556 – Replacement consent for CRC900359
  • CRC180312: Amalgamation of CRC180729 & CRC172118
  • CRC180729: New consent for use of water for bottling
  • CRC172118: Transfer of CRC163841 from SFF Ltd to Rapaki Natural Resources Ltd
  • CRC163841: Transfer of CRC012609 to SFF Ltd
  • CRC012609: Replacement of North Canterbury Catchment board permit NCY700281

Only two of these resource consents are currently active (that is, in use).  They are CRC 172245 and CRC172118.

The requestor also asked for a list of all water restrictions placed on users of the Christchurch West Melton Aquifer system since 2004, including “details of the restrictions, where the restrictions applied and how long they lasted.”

Environment Canterbury has not applied water restrictions for this water allocation zone.

Finally, the water take data from the relevant bores over the last 5 years was also requested.

We do not hold any data for these consents from the last five years.

The original Silver Fern Farms consents did not require metering.  Metering was required following the introduction of national metering regulations in 2012.

Once water metering became a requirement, Environment Canterbury prioritised the resources it would devote to monitoring and following up water take consents and started with high volume agricultural resource consents.  Accordingly, it did not turn its attention to Silver Fern Farms until 2014. At that time, Silver Fern Farms were reducing operations and applied for waivers from the metering requirements due to low or no water being taken from the bores.  These waivers were granted.

The new owners have recently installed meters on the two bores that are in use: one for a freezer facility and the other for a pet food manufacturing facility. However, we have not yet received any data from these meters.  Please note that neither of these bores is used to supply water for bottling.

21 August 2017 - Request for information for consents issued for vegetation clearance on the Simons Pass leasehold land located in the Mackenzie Basin

1151C - We received an information request for the consents issued by Environment Canterbury for vegetation clearance on land owned by Simons Pass Limited. The following consents have been issued for works on the land and would have involved localised vegetation clearance associated with undertaking these activities.

CRC167208 Pukaki Irrigation Company Limited (Incorporates Simons Pass)

  • To install a pipeline under the bed of several unnamed ephemeral waterways to convey irrigation water
  • To excavate bed material and placement of pipe and backfilling of the trenches in the above waterways
  • To carry out associated earthworks over the confined/semi confined aquifer
  • To carry out maintenance on the pipeline

CRC165544 & CRC165545 Pukaki Irrigation Company Limited (Incorporates Simons Pass)

  • A land use consent to use land to store water and a water permit for the damming of water

CRC155315 Simons Pass Station Limited

  • To install a bore

CRC165059 Simons Pass Station Limited

A land use consent to disturb the beds of waterways to erect a structure under the bed of a river.  The works are limited to:

  • The installation of a pipeline under the bed of several unnamed ephemeral waterways to convey irrigation water
  • Excavation of bed material and placement of pipe and backfilling of the trenches in the above waterways
  • Carrying out associated earthworks over the confined/semi confined aquifer
  • Construction and maintenance of a 4WD maintenance track
  • Maintenance of the pipeline

CRC140829 Simons Pass Station Limited

This is a Land Use Permit to conduct earthworks related to the construction, operation and maintenance of a vehicular access point to State Highway 8 (SH8).  Earthworks will include the construction of bunding to screen a section of the access route from SH8 traffic.

17 August 2017 - Request for information on resource consents for enforcement action and complaints about several Christchurch and one Timaru property.

1166C - We received an information request about resource consents, enforcement action and complaints about a number of properties on Hereford Street, Barbadoes Street, Cashel Street, Tuam Street, and Durey Road, Christchurch and Stafford Street, Timaru.

10 Durey Road (Christchurch International Airport):

  • CRC074115.1
  • CRC074116.1
  • CRC172384
  • CRC174200
  • CRC970754.1
  • CRC970755.1

213-221 Tuam Street (Calder Stewart Industries Ltd):

  • CRC151644
  • CRC165866

258 Hereford Street (Vodafone):

  • CRC172524

It was also asked if any infringements/prosecutions have been registered against the following names/addresses over the last five years:

  • Kew Innovation and Calder Stewart, Tuam Street
  • Vodafone, Barbadoes Street
  • Christchurch International Airport Ltd, Memorial Avenue

There have been no abatement notices issued.

22 June 2017 - Request for information for several water consent documents

1117C - We received an information request for several water consent documents which are outlined below.

1. Original application by Kaputone Wool Scour Record # NCY880175.1 to take water and the associated consent granted in 1994
NCY880175 was a water take permit issued by Canterbury Regional Council to take water for industrial purposes. A copy of the application and the consent document are available below. NCY880175 was a renewal of NCY86003, originally issued by the North Canterbury Catchment Board in September 1986. 2. The renewal application for the above consent and the renewed consent (Record # CRC175585)

The renewal for NCY880175 was received by Canterbury Regional Council on 29 October 1996. A copy of the application form and assessment of environmental effects is enclosed. The consent to take water for industrial purposes was issued as CRC971084 on 30 April 1997. CRC971084 was subsequently transferred to Canterbury Land Resources Ltd and became CRC175585.

3. Any records held detailing the amount of water taken under the two consents above CRC971084 contained condition 2 which stated that:

When requested in writing by the Canterbury Regional Council, the hours and rate at which water is taken shall be recorded to within an accuracy of 10 percent. A copy of the records shall be provided to the Canterbury Regional Council when requested.”

Records are on file for water usage from September 1994 to October 1997 and from April 1998 to April 1999.

Electronic records were submitted to Canterbury Regional Council for the period 2004-2007 and can be found here.

There are no further records of water usage available on file.  However, anecdotally (staff communication with the former site manager) it is understood that prior to August 2012 the maximum amount of water used during the wool scouring process was 18 l/s or 1,555 m3/day.  When the Wool Scour was unable to discharge via the Silver Fern Waimakariri pipe (from 2012) they were restricted to 3.5 l/s or 300 m3/day.  The reasons for not submitting data to Environment Canterbury after November 2012 was due to their low usage.  This was considered a small water take and not considered a ‘high risk’ consent. Environment Canterbury monitors based on risk and priority. (Recent systems and process advances now allow us to monitor the majority water takes).

Compliance monitoring of the Kaputone Wool Scour continued until the site closed in 2016. Much of the compliance focus for this site was in relation to discharges to air and discharges to water.

4. The application to transfer the consent to Cloud Ocean Water Ltd.

Transfers of resource consents to another owner of the same site the consent was issued for, is managed under s136(2)(a). The change in consent holder takes effect once a formal application is received, and is not subject to any other assessment by the consent authority.

CRC971084 was transferred to Canterbury Land Resources Ltd on 11 April 2017. The consent became CRC175585.

CRC175585 was subsequently transferred to Cloud Ocean water Ltd on 9th May 2017, and became CRC175895.

5 May 2017 - Request for information on nitrate concentrations in groundwater

1102C - We received an information request regarding nitrate concentrations in ground water. The specific queries and our answers are outlined below. 

Was there an increase in nitrate concentrations in groundwater in Rolleston residential town water and what is the average nitrate increase for all water tests completed under Intelligro consents?

Nitrate concentrations vary considerably across the plains, both from one well to the next and from one sample to the next. Over the course of a year, concentrations in the water from the same well can rise and fall by several milligrams per litre. We, therefore, do not calculate average nitrate concentrations across a wide area. Instead, we monitor concentrations in a selection of wells across the region.

Every year, we publish a summary of our sampling results. You can find our most recent report here from our 2015 survey. The map in Figure 2 on page 6 of the report shows the nitrate concentrations we measured in the spring of 2015.

On the report the area around Rolleston is covered with orange dots, showing that the groundwater from all of the wells we sampled in that area had nitrate nitrogen concentrations between 5.6 and 11.3 mg/L.

The next map, Figure 3 on page 8 of the report, shows the trends in nitrate concentrations that we’ve measured over the past ten years. Most of the wells show no overall trend, but where we do see a trend, it is generally an increasing trend. This is the case in the Rolleston area, across the entire Canterbury Plains, and in fact across the region.

The pattern we find is similar every year. Reports of previous surveys can be found on the Environment Canterbury website. Increases on the broad scale that we see cannot be attributed to any single property. They are the result of farming intensification across the region.

Is the compost material at Intelligro’s main office sitting on sealed non-porous ground?

All windrows of compost and composting materials are located within a sealed catchment paved in asphalt. All leachate and stormwater from the windrows and the catchment in which they are contained is collected via the stormwater system and conveyed to the leachate (nitrate) tank.

How efficient is the recycling system of grey water from the nitrate tank to the compost heap?

Water from the leachate tank can be used to wet the compost heaps to minimise the risk of dust emissions from the site. Any water which is not absorbed into the compost during the wetting process is conveyed back to the leachate tank via the asphalt hardstand and stormwater collection system.

No water from the leachate tank will enter into the ground during this process as long as the asphalt hardstand is well maintained. Environment Canterbury will ensure that it is through regular monitoring of resource consent CRC155762.

Why do you not investigate the bad odours coming from Intelligo?

Environment Canterbury takes all complaints from members of the public seriously. In the case of Intelligro, a number of complaints regarding odour and other aspects of the operation have been received. However, we have not be able to investigate and substantiate many of these complaints due to the temporary nature of odour issues and because officers are not always available to attend when complaints come in.

In lieu of responding to every complaint Environment Canterbury has decided, in the first instance, to focus on ensuring Intelligro meet the conditions of their resource consents particularly CRC156387 (now CRC174170) which authorises the discharge of contaminants (including odour). Since this consent was granted a significant amount of work has been undertaken by both Environment Canterbury and Intelligro to ensure compliance with CRC174170.

For Intelligro this has included:

  1. The development of comprehensive operational and recording systems relating to the composting operation to eliminate the risk of compost turning anaerobic and causing odour issues. Records relating to twice weekly compost temperature, moisture and oxygen monitoring have been made available to Environment Canterbury to demonstrate compliance with this requirement;
  2. Oxygen content monitoring of the water in the leachate tank and the installation of an aerator to prevent it turning anaerobic resulting in an odour nuisance;
  3. The installation of an automatic sprinkler system in the composting area to minimise dust emissions;
  4. The installation of a weather monitoring system on site to guide site compost operations (mainly turning) to reduce effects to neighbours in line with conditions 18 and 23;
  5. The development and maintenance of a comprehensive odour complaint register to help identify issues with the compost operation in terms of odours beyond the property boundary and inform options for corrective actions to the operation;
  6. A trained member of staff is undertaking and recording twice daily odour and dust observations around the site;
  7. The development of an Air Quality Management Plan;
  8. The initiation of a year-long aerosol monitoring programme to determine if there is a risk of bacteria or fungal emissions from the site which may have a negative effect on neighbours. This monitoring began in November 2016.
For Environment Canterbury this has involved:
  1. Since June 2016, Environment Canterbury has undertaken five visits to the site to assess compliance with CRC156387 and CRC174170 as well as other Intelligro consents. The latest visit occurred on 31 March 2017. In terms of the operational conditions of these consents, Intelligro has always been found to be compliant during these visits. At no time has Intelligro been found to be causing an offensive/objectionable odour beyond the property boundary;
  2. Since CRC156387 was granted, numerous correspondence and phone calls have been made by Environment Canterbury resource management officers to Intelligro to ensure that compliance with the many aspects of this consent, particularly the monitoring and reporting requirements, is achieved;
  3. On the basis of the visits made to the site and the information thus far received, Intelligro are compliant with the requirements of CRC174170;
  4. Ensuring compliance with CRC174170 is ongoing. This consent and the other consents held by Intelligro are currently programmed for quarterly monitoring visits. Another visit will therefore be undertaken to the site within the next month.
  5. In terms of odour complaints in relation to the site in future, we are currently in the process of developing an odour response plan for this site. This will endeavour to set out the current status of any odour issues on site, what the likely causes of the odours are, how these should be being managed and what course of action needs to be taken when new complaints are received.
The rules that now apply to farmers in this zone are some of the toughest in the country. Over 900 farmers will need a land use consent to farm, and they must implement Good Management Practices (GMP) and produce Farm Environment Plans. It is very pleasing that nearly 400 farms already have Farm Environment Plans and more are underway.

All farming activities in the Selwyn Te Waihora catchment (unless low risk) cannot increase nitrogen losses now beyond what they lost from their properties during 2009-13; they need to be at Good Management Practices (GMP) now, and in 2022 they then need to make further reductions. These are some of the most significant reductions in the country to-date. This includes 30% reductions for dairy, 22% for dairy support, through to smaller reductions for other land uses. We also have tougher stock access rules than elsewhere in the region. Our Selwyn Waihora Zone Team works with landholders to help them comply with their requirements

20 March 2017 - Request for information regarding river encroachment on the south branch of the Rangitata river

1083C - We received an information request regarding river encroachment on the south branch of the Rangitata River. The request specifically asked about locations and year completed of any flood protection work, inclusive of the point at which it diverges from the main riverbed, (including stop banks, earthworks and plantings, and any other activities), and whether or not that work was consented.

Environment Canterbury manages the Rangitata River Rating District and administers rates to fund work under the Rangitata River Asset Management Plan. The objective of the work is to:
“maintain the Rangitata River system to minimise erosion and flooding on the south side of the river, and to prevent flood flows entering the south branch at flows less than 1500 cumecs”.

The objectives, history and funding of the work is documented in the attached Rangitata River Asset Management Plan. Below are also are 16 work plans of physical works that Environment Canterbury has carried out since the year 2000 in the vicinity of the entrance to the Rangitata River south branch and its exit point.

  1. 2001-2002
  2. 2002-2003
  3. 2003-2004
  4. 2004-2005
  5. 2005-2006
  6. 2006-2007
  7. 2007-2008
  8. 2008-2009
  9. 2009-2010
  10. 2010-2011
  11. 2011-2012
  12. 2012-2013
  13. 2013-2014
  14. 2014-2015
  15. 2015-2016
  16. 2016-2017

Work types carried out include: planting, layering, spraying, return banks, anchor bank protection and channel improvements. We note that no works have been carried out in the actual south or middle branches themselves. These were previously permitted by existing use rights and are now authorised by Rule 5.138 of the Land and Water Regional Plan and the associated Canterbury Regional Code of Practice for Defences Against Water and Drainage Schemes 2015 and herbicide spraying resource consent CRC981580.

The requestor also asked for any leases granted on Environment Canterbury reserve on the margins or bed of the south branch of the Rangitata River.

Environment Canterbury has one lease and four licences to graze in or adjacent to the south branch of the Rangitata River (see map). The south branch is cut off from the main Rangitata river flows and has not carried water for a number of years. Four of the tenancies are farmed for dairying and one is a former quarry. The Environment Canterbury reserves are River Protection or River Conservation reserves vested in Environment Canterbury and were transferred from the Department of Conservation many years ago. There are several other similar reserves in the south Rangitata still administered by the Department of Conservation. Environment Canterbury manages these reserves on short term licences to graze with no rights of renewal. When long term leases expire any tenancies are likely to be on short term licences to graze.

The Environment Canterbury tenancies are summarised below:

Environment Canterbury leases on reserve on margins/bed of south branch of Rangitata River
5 ha former quarry 5 year licence to occupy from 1/7/2014
118 ha dairy farming 3 year licence to graze from 1/7/2015
45 ha dairy farming 21 year farm lease from 1/1/1998
58 ha dairy farming 3 year licence to graze from 1/12/2015
8 ha  dairy farming 3 year licence to graze from 1/7/2015
3 March 2017 - Request for information regarding granting consents for asbestos dumping on land at 318 Kennedys Bush Road

1073C - We received an information request for all documentation regarding granting consents for asbestos dumping on land at 318 Kennedys Bush Road.

Please find below the application and decision documents relating to consents CRC167579, CRC167580 and CRC16758:

Further Information about the conditions attached to these consents can be found on our website here:

Consent NumberCRC167579
Consent Number CRC167580
Consent Number CRC167581

Please note that the primary consent for this activity was the land use consent from Christchurch City Council.

Below are emails and other correspondence we hold relating to the granting of these consents:

1 February 2017 - Request for copies of the AEE documents for Fonterra Darfield Air Discharge Consent - CRC156761

1064C - We received a request for copies of the Assessment of Environmental Effects (AEE) documents for the Fonterra Darfield Air Discharge Consent – CRC156761.

We were also asked for the number of recorded complaints against this consent or the site. There have been 24 odour-related enquiries over the last five years relating to the Fonterra Darfield site.

We are not able to confirm that all 24 are directly related to this consent as in some cases we are unable to determine with certainty the source of an odour.

Please note: there are a large number of documents associated with this LGOIMA.  If you are interested in viewing the documents please contact us at LGOIMA@ecan.govt.nz

30 January 2017 - Request for information on agricultural intensification in the McKenzie Country
1058C - We received a request for information about the issue of agricultural intensification in the Mackenzie Country, with the Environmental Defence Society (EDS) claiming too many consents are being handed out for intensive farming.
The requested noted that the EDS has lodged proceedings with the Environment Court against Mackenzie District Council, and asked Environment Canterbury how many consents have been handed out for pivot irrigators, year by year, and whether this information is readily available.
The information, as requested specifically regarding the pivot irrigators, is not readily available. The reason for this is that many of the irrigation activities will have commenced as border dyke takes and converted to spray irrigation since the consent was issued.
Farmers have been encouraged to convert to spray irrigation both for conservation of water and to reduce nutrient enrichment in receiving water bodies. Consent holders can convert their use from border dyke to spray without requiring any further consent from Environment Canterbury. Some irrigators may use guns and k-line, which are forms of spray irrigation other than centre pivot. It is not possible therefore to specify the number of consents for pivot irrigators.
That said, we can confirm that 24 consents have been issued since 1999. These are noted in the attached document. The timing of these is explained below.
The majority of the existing consents for pivot irrigation have been granted in the years 2014 to 2016.  These are both for new irrigation activities and for existing activities where the consents have previously expired.
Some of the existing consents have commenced as a result of Environment Canterbury’s decisions to grant consent, and others after an appeal process in the Environment Court.
There is a cluster of grants after 2012 because applications which had been on-hold (some since 2004) were all processed and decided together as part of the Upper Waitaki hearing process. The reason for this is described below.
The Resource Management (Waitaki Catchment) Amendment Act 2004 (‘the Waitaki Act’) was the legislative response to the management of water in the catchment that arose in the early 2000s.
At that time Environment Canterbury had received a large number of resource consent applications for the taking and/or use of water, principally for hydroelectric generation and irrigation, which raised the issue of allocation in the catchment.
The Waitaki Act set up a statutory board called the Waitaki Catchment Water Allocation Board (‘the Special Board’) to enable a fast track planning process to address allocation.
This resulted in the Waitaki Catchment Water Allocation Regional Plan 2006, which addressed allocation for different uses of water by creating allocation blocks and set environmental flows and levels to protect water bodies.
All of the resource consent applications dependent on resolution of the allocation issues were put into a statutory moratorium and the hearing of the applications was deferred until the plan was operative.
All the applications - collectively referred to as the Upper Waitaki applications - were heard between 21 September 2009 and 30 April 2010 by independent hearing commissioners.
The timing of the Commissioners’ decisions was affected by the February 2011 earthquakes. The Part A decision, which addressed catchment-wide issues and matters common to the multiple applications, was issued on 22 November 2011.*
The Part B site-specific decisions for the individual applications were issued during November 2011 to November 2012. Most of the decisions were appealed, and the consents granted through the appeal process have commencement dates mainly occurring in 2015 and 2016.
*Decision Part A Catchment Wide Issues.
24 January 2017 - Request for information on consents granted to Tegel Foods for the operation of a poultry plant
1056C - We received a request for information about consents granted to Tegel Foods Ltd for the operation of a poultry processing plant, including the decision/s to grant the discharge of consent/s, and any correspondence, document or other information concerning the operation of the plant, compliance with consent conditions, complaints about odour discharges, inspections by Council staff and annual monitoring reports. The documents requested were supplied to the requester.
Please note that the Compliance Monitoring Reports have automatic dates on their front pages, so they update whenever the document is opened. The actual date of issue is recorded in the body of the report.
Environment Canterbury has received a number of complaints about sporadic offensive odours discharged from Tegel Foods processing facility on Carmen Road. Officers have substantiated offensive odour several times over the last 15 years.
Also, there have been incidents where waste products have been discharged from the site into the Christchurch City Council’s stormwater network, which resulted in enforcement action by Environment Canterbury.
In this period Environment Canterbury officers have identified a number of practices to be addressed to improve odour and waste control. Tegel Foods has a record of carrying out improvements to processes and equipment to address concerns raised about odour by Environment Canterbury.
There have been some instances where Environment Canterbury has taken enforcement action because the incidents were serious. Examples of these related to odour discharges following the prolonged storage of offal outside, or the release of waste to land where it entered the CCC stormwater network.
There have been 15 odour incidents registered with Environment Canterbury in 2015 and 2016, of which two allegations of offensive odour discharged from the operation have been substantiated.
The table below is a summary of incidents that have been recorded between 2003 and the first half of 2015.
Please note: there are a large number of documents associated with this LGOIMA response.  If you are interested in viewing these documents please contact us at LGOIMA@ecan.govt.nz
Date Incident
22/05/2015

Offensive odour from processing substantiated by after-hours officer

07/03/2014 Odour control letter received setting out a range of improvements to be carried out
 02/2014 Offensive odour discharge identified beyond the site boundary. The officer identified the potential for the discharge to be from the double-venting of cooker vessels 
05/2012 Compliance report following visit, full compliance achieved but comments received from local businesses about common odour problems
2009 Fire burns the primary processing facility down
16/12/2009  Letter regarding odour in Halwyn Drive, potentially from the release of cooker gases 
11/02/2009 Letter regarding offensive odour discharges – increased monitoring was proposed to identify sources of odour for management and controls
18/02/2008 Compliance report regarding offensive odours discharged from offal that had not been removed from the site. Enforcement action
23/01/2008 Discharge of wastewater due to a breakdown, significant clean up carried out voluntarily
2006 Proposed change from LFO to alternative (biofuels)
05/2006 Continuing work on odour reduction from the scalding room
11/10/2005 A loss of waste from the site. Pump failure cause. Stream cleaned up
2004 Concerns raised about stormwater discharges, to land and to surface water
2004 Non-compliance with condition about offensive odour
22/07/2004 Inspection and alleged breach of Abatement Notice observed
19/07/2004 Abatement notices regarding discharges of contaminants to land where they could enter water. Cease /Do
10/09/2003 Open containers with small quantities of offal were observed. Tegel was evaluating the potential for lifting the scald room extraction to improve odour dispersion.
01/09/2003 Complaints most frequently were received from locations downwind of Tegel in easterly conditions
21/03/2003 Compliance inspection following complaints: strong odours detected downwind, most likely to be coming from the contra-shear

 

19 January 2017 - Request for copies of AERs, Discharge Management Plan and original application for RC15671 in relation to Fonterra Darfield
1062C - We received a request for copies of the Annual Environmental Reports (AERs), Discharge Management Plan and original application for RC 15671 in relation to Fonterra Darfield.
By way of response, Environment Canterbury clarified that the original discharge (to air) permit granted (at hearing) was CRC120180 (2013). This underwent a change of conditions to CRC131346 (2014), followed by another change of conditions (CRC144756) and an administrative transfer (i.e. change)in name (CRC155761).

These are two separate legal processes under the RMA but were processed together (in 2015). The AEE for the current version of the consent (CRC155761) is therefore labelled as being for CRC144756, as that was processed prior to the change in name. 

From the original application, the consents relate to the following land parcels:

  • Fonterra Ltd Lot 4 DP 20115
  • Fonterra Ltd Lot 2 DP 77605 and Lot 2 DP 20115
  • Fonterra Ltd Lot 2 DP 63630
  • Fonterra Ltd Lot 1 DP 78173
  • Fonterra Ltd Lot 2 DP 78173
  • Fonterra Ltd Lot 1 DP 68528
  • Fonterra Ltd Lot 3 DP 63630
  • Fonterra Ltd Lot 3 DP 60325
  • Fonterra Ltd Lot 1 DP 367426
  • Fonterra Ltd Lot 1 DP 67185
  • Fonterra Ltd Lot 2 DP 304774
  • Fonterra Ltd Lot 1 DP 8545
  • Fonterra Ltd Lot 1 DP 11000 and Lot 2 DP 11000
  • Gunn RS4024, RS4027, RS4013, RS4457 and Sec 9-11 SO19304
  • Gray (Aigen Farm Ltd) Lot 3 DP 434071, Lot 2 DP 434071, RS26209, RS26235, and
  • Lot 2 DP 365731

In addition, Fonterra own the properties at:

  • State Highway 73 being Lot 1 DP 67185
  • 3943 State Highway 73 being Lot 1 DP 367426
The Certificates of Title for the land parcels are found in Appendices A, B & C of the original application (CRC120180). There is no Environment Canterbury location plan (map) associated with this consent, although there are plans (maps) incorporated into the application.
Please note: there are a large number of documents associated with this LGOIMA.  If you are interested in viewing these documents, please contact us at LGOIMA@ecan.govt.nz

 

13 January 2017 - Request for information on the number of consents to discharge into natural waterways active in Canterbury
1051C - We received a request for information about the number of consents to discharge into natural waterways active in Canterbury, and who holds those consents.
At the time this request was received the Environment Canterbury database listed 781 active consents to discharge directly to water. One of those consents has expired since the request was received and is included for completeness (marked in red). Two other consents (also marked in red) have expired but are currently authorised to continue under the s124 of the RMA while replacement applications are processed.
Due to changes to the database, and how consents have been recorded over time, a review of the listed consents was undertaken to clarify the nature of the discharges (see column titled Contaminant Type 1 and 2 in attached spreadsheet).

Some discharge permits authorise multiple contaminants and these have been incorporated into the numbers below:

  • 417 are discharges of water to water
  • 91 are of sediment to water typically associated with works in (or adjacent to) waterbodies or discharges from sediment attenuation basins etc. Of these, one has expired but is currently authorised to continue under s124 of the RMA until such time as the replacement application is resolved.
  • 67 relate to the discharge of water to water from de-watering and land drainage activities
  • 48 are stormwater discharges
  • 37 are for agrichemicals (liquid and solid)
  • 30 are discharges of cooling water (i.e. the contaminant is heated).
  • 22 are human effluent discharges. Of these, one has expired but is currently authorised to continue under s124 of the RMA until such time as the replacement application is resolved
  • 16 are waste from aquaculture
  • 10 are for floodwaters and associated contaminants (mainly sediment)
  • 9 relate to hydrocarbons
  • 6 relate to industrial wastewater
  • 4 relate to vegetable wash water
  • 3 relate to hazardous substances
  • The remainder of the discharge permits relates to applications for uncommon discharges (e.g. aquatic anaesthetic).

As can be seen, over half of discharges to water are of water (53%), with the next greatest proportion (12%) including discharges of naturally occurring sediment, typically occurring from works within or adjacent to riverbeds (e.g. installation of bridges and other infrastructure).

It is also important to note that discharge permits are subject to conditions intended to avoid, remedy or mitigate the adverse effects of the discharge.

We have also attached a separate spreadsheet with consents to discharge dairy effluent. These 1300 discharges are of dairy effluent to land and the discharge of odour to air.

16 November 2016  - Request for information on SOL Quarries and stockpile removal timeframes
1041C - We received a request for information on SOL Quarries and stockpile removal timeframes.
We supplied the requester with correspondence between Environment Canterbury and SOL Group Ltd regarding the extension of consent duration and amendment of consent in relation to the stockpile removal timeframes.
We noted that there was no amendment made to consent CRC151969, which expired in October. There is, however, a subsequent change to the stockpile removal conditions in the new consent which follows from CRC151969. This amendment has recently been agreed to by SOL Shingle Ltd. This amendment relates to SOL’s period of operation in the bed of the Makerikeri River, and seeks to provide more clarity about timeframes. The new conditions include a clear statement that the piles will be removed one month prior to the expiry of the consent so that piles are not still being stored on the river a week or two prior to the expiry date.
Please note: there are a large number of attachments associated with this LGOIMA.  If you are interested in viewing these files, please contact us at LGOIMA@ecan.govt.nz
1 September 2016 - Request for information about the four companies granted consents to take/use water for the purposes of commercial water bottling or farm irrigation

1001C - We received a request for information about the four companies granted consents to take/use water for the purposes of commercial water bottling or farm irrigation: the duration of consent and the maximum quantity of water it permits the company to take.

The four consents with the highest amount of water per annum for commercial water bottling or
farm irrigation are:

Consent holder and number Duration of consent (expiry date) Amount allocated* (m3 /year)
Central Plains Water
(CRC167218)
31 years (2047) 1,056,456,000
Rangitata Water Ltd
(CRC134810)
29 years (2042) 968,155,200
Rangitata Diversion Race
(CRC011237)
31 years (2041)  968,155,200
Waitaki Irrigators Collective
(CRC950649.1)
35 years (2030) 851,472,000

* These are all theoretical annual allocations, calculated by multiplying their instantaneous take by the number of seconds in a year. They all have minimum flows attached that mean they cannot take all year round but theoretically they could if the river flowed at a high enough level.

These are all for irrigation and are schemes with multiple farms receiving the irrigation water.

It is very important to note that these are theoretical annual allocation volumes. If you took the Rangitata Water Ltd consent as an example then they could only ever take that amount if the Rangitata River was in flood all year round, which obviously never happens.

Another example is the Waitaki Irrigators Collective which theoretically has an annual allocation volume of 851,472,000 m3/year but because they only take during the irrigation season their effective volume allocation is 429,838,936 m3/year. However, legally they could take the full amount if they were to irrigate all year.

The Rangitata Diversion Race consent provides for water to be used for both irrigation and hydroelectricity. This means that when water is not taken for irrigation it will likely be used for hydrogenation (for example, in winter).

1 September 2016 - Information regarding consents for discharge from sewage and stormwater systems 1 July 2015 to 30 June 2016

1008C - Audit New Zealand requested information on how many abatement notices, infringement notices, enforcement orders and convictions have been issued to Canterbury Territorial Authorities in relation to their resource consents for discharge from their sewage and stormwater systems for the period 1 July 2015 to 30 June 2016.

Audit New Zealand also asked if all consent conditions for the Kate Valley landfill have been met for the period 1 July 2015 to 30 June 2016.

Audit New Zealand also asked if all consent conditions for the Kate Valley landfill have been met for the period 1 July 2015 to 30 June 2016. 

There have been no abatement notices, infringement notices, enforcement orders or convictions issued to the following territorial authorities in relation to resource consents for discharge from either its sewage or stormwater systems for the year ending 30 June 2016: Ashburton District Council, Christchurch City Council, Hurunui District Council, Kaikoura District Council, Mackenzie District Council, Selwyn District Council, Timaru District Council, Waimakariri District Council, Waimate District Council and Waitaki District Council.  

No enforcement action has been taken against Kate Valley for the year ending 30 June 2016.

Please note that consents for the Kate Valley Landfill are held by Transwaste, which is a 50:50 private public partnership.

The public 50% is made up of the following five territorial authorities: Ashburton, Selwyn, Christchurch, Waimakariri and Hurunui.  The Rangitata Diversion Race consent provides for water to be used for both irrigation and hydroelectricity. This means that when water is not taken for irrigation it will likely be used for hydrogenation (for example, in winter).

30 August 2016 - Request for Information on the top 50 Canterbury water takes

993C - We received a request for information on the 50 largest water take consents in Canterbury, as well as the duration of consent, what the water is used for, the total estimated water take excess (by volume) over and above consented takes for the last three years, and details of the water take for Christchurch City by volume per annum broken down by user.

By way of response, Environment Canterbury prepared a spreadsheet of the top 50 water consents in Canterbury, ranked by the ‘annual effective volume’ which is a measure of what could be abstracted during a normal year but has no legal status (i.e. it is not the annual allocated volume). The spreadsheet contains the raw information and a description of what each column means. The water use data is for 2014-15 because the 2015-16 data is not available yet.

There are a small number of consents for which we have not yet received data for the 2014- 2015 year. These consent holders are being followed up by Compliance Monitoring.

Consent number Local authority Reason for missing data
CRC081320 Waimakariri
District Council
This relates to a district water
supply that is in developmental
stage. We are currently working
with the WDC to supply the
relevant information
CRC952547 The Wolds
Station Ltd
The consent is to take water from
the Tekapo-Pukaki Canal
CRC012006
CRC153238
Selwyn District
Council
 SDC are actively measuring and
monitoring their water use. We
are currently working with SDC on
a data approach that enables us
to receive their data directly into
our hilltop server

Since 2010 the Canterbury Regional Council has been collaborating with the Christchurch City Council to ensure the CCC’s Wells Programme for measuring water takes complies with the requirements of the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010.

The earthquakes that occurred in 2010 and 2011 meant the Wells Programme was delayed. This was due to the damage of the city’s water network and there were a number of wells that had to be redeveloped. Even at this stage there were a number of takes that were measured but some of these takes had to be decommissioned.

An MOU was developed between the Canterbury Regional Council and the Christchurch City Council in 2014 detailing a work programme for the installation of flow measuring devices on takes that weren’t measured or were being upgraded. The works that have been undertaken so far have met the requirements of the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 and the remainder are near completion.  

Over this period CCC have continued to supply water usage data to Environment Canterbury and we are satisfied that they are compliant within their overall consented allocation. However, we acknowledge that there have been some individual wells’ allocation limits exceeded and some well under allocation. This is a result of the rationalisation of the CCC bore network postearthquake and within the parameters of the MoU. 

Please read the accompanying data.

8 July 2016 - Request for Information on details of resource consents to take and/or use water for nine named companies

982C - We received a request for information on details of resource consents to take and/or use water for nine named companies.

Deep Waters, Aqualinc Research limited, Irricon Resource Solutions, DataCol, Hydro Services Limited, Rainer Irrigation Limited and Naturally Pure NZ Limited do not have any active resource consents to take and/or use water with Environment Canterbury.  Information requested for Frucor Beverages Limited and Morven Glenavy Ikawai Irrigation Company Limited, is listed below including the consents, their commencement and expiry dates, and annual volumes for each. 

     

Frucor Beverages Limited

CRC011740

Consented Annual Volume:

754,095 m3

To take and use groundwater Commencement Date :
18-04-2001
Expires: 17-04-2036

Morven Glenavy Ikawai Irrigation Company Limited

CRC091997

Volume: 57,000,000 m3 pa

 

To use water for irrigation

 

 

Commencement Date:
22/01/2010
Expires : 30/04/2028

CRC091998

Volume 10,000,000 m3 pa

To take and use water from the Waitaki River for augmentation of flows in the Waihao River outside of the irrigation season.   Commencement Date:
22/01/2010
Expires : 30/04/2028

CRC897381C.2 combined with CRC000897

Volume 330,000,000 m3 (see condition below)

To take and use water from the Waitaki River for augmentation of flows in the Waihao River outside of the irrigation season  Commencement Date: 30/08/2000
Expires: 30/04/2028

The combined maximum annual volume of water abstracted under consents CRC000897 and CRC897381C.2 shall not exceed 330 million cubic metres during the irrigation season (September to May), or 930 million cubic metres in any three consecutive irrigation seasons.

In regards to the annual fee and/or charge Environment Canterbury’s current policy is that the consent holder pays the reasonable and actual costs of monitoring compliance of their consent conditions, therefore no annual fee or charge is applicable.

Finance
28 November 2019 - Request for information relating to Robotic Process Automation tender process

1730C - Request for information relating to Robotic Process Automation tender process.

This process was conducted via a tender through the Government Electronic Tender System (GETS) in line with Ministry of Business, Innovation and Employment (MBIE) best practice guidelines, including the oversight of an independent third party. The tender was advertised on 24 May 2019 and closed on 14 June 2019.

The tender was conducted as a two-envelope process, with the submitted proposal without any price information in one envelope, and the pricing information in the second.

The evaluation team evaluated the non-pricing aspects first, with no exposure to pricing information, to create a shortlist. The evaluation team was then given the pricing information to further inform the decision-making process. Part of this evaluation process was to assess the skills and ability of each suppliers’ nominated personnel, and the number of years of experience they had in delivering RPA solutions to the New Zealand marketplace, and in particular to Local Government. Company incorporation dates were not material to the service being procured so weren’t included as part of the non-price attributes evaluation criteria.

Environment Canterbury received 11 responses to the tender, shortlisting three.

The short-listed suppliers were asked to present to the evaluation team so any questions arising from the evaluation could be clarified.

Virtual Blue was successful in being awarded the project, ranking the best in both the non-price and pricing evaluation.

All unsuccessful suppliers were invited to attend a one-on-one debrief session to get feedback, if they wished.

Environment Canterbury was assisted in this process by MB Associates to ensure the process was robust, had some independent input and the solution was fit-for-purpose. MB Associates are Members of the Chartered Institute of Procurement and Supply (MCIPS) qualified procurement experts and specific business advisory specialists, with a record of delivering quantitative and qualitative efficiencies and improvements.

Since this tender process took place, our first robotic process has been successfully implemented.

22 October 2019 -  Request for information on remuneration exceeding $250K
1705C - We received a request for information on remuneration exceeding $250K.
The number of employees whose remuneration is exceeding $250,000 is one. The relevant information is already publicly available in our annual report – we refer you to note 19 on pages 65-66 of our 2018/2019 Annual Report.
15 October 2019 - Request for information for fines issued to Orion NZ
1702C - We received a request for information for fines issued to Orion NZ.
There have been no infringements issued or prosecutions proceedings commenced in the name of Orion NZ Ltd, by Environment Canterbury during the period 1 April 2018 to 31 March 2019.
13 February 2019 - Request for information on unused untenanted neglected buildings
1545C - We received an information request on unused untenanted neglected buildings

Concerns regarding practices within Environment Canterbury around unused and untenanted, neglected buildings

Environment Canterbury staff were spread across several office sites after the Canterbury earthquakes. Where possible, lease terms were negotiated to coincide with the construction schedule of Tuam Street, however we were left with two final legacy leases in Burnside, which was common during this period. Real estate agents were actively advertising these offices for sublease, although this was challenging given the timing of the regeneration of the CBD and the low demand for fringe space. Environment Canterbury ultimately agreed to surrender these leases back to the landlords in 2017 on market terms, we did not pay the full rental remaining on the leases as implied.

These two remaining large office areas were not appropriate for the small Selwyn­ Waihora Zone team, as the aim of this new way of working was to give a physical presence within the respective community. Our first preference for this Zone team was to co-locate within Selwyn District Council, however they did not have any available space. Innovation Park at Templeton was then deemed the next most suitable office space available at the time by the organisation and was only 1km from the Selwyn boundary. This agri-business hub met the needs of our organisation in terms of positioning our Zone team in an accessible area for the community they serviced in terms of accessibility and parking, and the space itself required very little physical work, we only added soft furnishings and ECan specific IT equipment. It did not cost a considerable amount of money to outfit it as stated.

Regarding the concern about the residential houses, all but two of our residential houses are currently tenanted and are maintained to an acceptable condition. These two properties that you have referenced are situated on land zoned 'Heavy Industrial' and are scheduled for demolition/removal as part of the Kainga area upgrade. The cost to bring the two houses up to standard is not warranted given our future for the specific site and surrounding area.

29 November 2018 - Request for information about Koru Club memberships
1489C - We received an information request about Koru Club memberships

Request for:

  1. the total amount spent on Koru Club membership for the 2017/18 financial year;
  2. the total number of memberships paid for; and,
  3. the term of the memberships.

In November 2016, Environment Canterbury made a decision to cease the renewal of Koru Club memberships. As a result, the final membership paid for Environment Canterbury expired on 31 July 2017.

The response to the questions summarised above is therefore:

  1. no amount was spent on memberships in the 2017/18 financial year;
  2. no memberships were paid for; and
  3. there are no terms to report on.
23 November 2017 - Request for information on alcohol expenditure and policy
1225C - We received an information request on alcohol expenditure and policy.

Since 2016 Environment Canterbury’s hospitality policies have provided that the Council will not pay for alcoholic beverages for staff carrying out their day to day business (for example, when travelling). The policies have, however, allowed the Chief Executive or Chair to approve the purchase of alcoholic beverages for special occasions where “it will benefit the organisation and not put at risk the wellbeing of staff and guests”.

Read the current Hospitality, Business and Travel Expenses Policy.

The table below shows the purchases of alcohol since November 1, 2016.

Event/Reason Date of purchase Cost Notes Payment Type Number of Attendees
Director farewell 4/07/2017 $181.86   Purchase card 90 
Lunch w/Councillors and Ex-chair following resignation 16/10/2017 $107.70    Reimbursement  15
Director farewell 28/11/2017 $135.92    Purchase card  45
End of year function for members of Chief Executive/Policy/Operations/Corporate forums 29/11/2017 $94.93    Purchase card 45 
Employee farewell 10/05/2017 $244.00    Reimbursement 28 

Kaikoura Earthquake Crew

Thank you Gifts Hampers

(containing one bottle of wine or beer per hamper)

10/02/2017 $753.93  Total hamper price (alcohol was only a part but we don't have individual prices)  Reimbursement
11 October 2017 - Request for information on total external legal spend and amount incurred with each legal service provider
1205C - We received an information request for the 2016 / 2017 financial years on the total external legal spend, breakdown for each provider, internal legal spend and some overall organisational figures.
Category of costs For year ended 30 June 2016 For year ended 30 June 2017
1. Total external legal spend $2,174,840
(includes $89,488 in secondment charges for acting General Counsel)
$1,711,587
2. Amount incurred with each legal services provider (over $10,000)    
Wynn Williams $2,083,544 $1,645,229
Adderley Head $16,314 $17,848
Bell Gully $15,969  
Buddle Findlay $13,272  
McPhail Gibson $13,196  
Raymond Donnelly   $12,880 
3. Internal legal resources    
Legal staff numbers - headcount 3
Non-legal staff headcount 0  0
4. Total internal legal spend $415,775 $527,931 
Direct total spend $286,800 $396,975 
Indirect costs including overhead $128,975 $130,560
5. Rateable properties 259,143 263,182 
6. Total staff numbers    
Total employees 579 605 
FTEs 545  573
3 October 2017 - Request for information on Chief Executive’s Job Description and Salary
1198C - We received a request for Environment Canterbury’s current Chief Executive salary.
The current Chief Executive salary (excluding vehicle costs) is $385,153.  Additionally, find the job description for our Chief Executive.
7 July  2017 - for the number of male and female employees, and male and female employee remuneration bands at Environment Canterbury
1138C - We received an information request for the number of full-time equivalent staff positions and the number of scientific and technical advisors at Environment Canterbury.
 
Gender Count of employee code
 Female  303
Male  298
 Grand Total   601

 

Salary range Female Male Grand Total  

<60,000

104.5

78

182.5  

<60,000-79,999

105

104

209

 

<80,000-99,999

57

64

121  

<100,000-119,999

20 33 53  

<120,000-139,999

4

12

16  

<140,000- 159,999

5

 

5  

<160,000- 179,999

4

5

9  

<180,000- 219,999

1

 

1  

<220,000- 299,999

2

 1

3  

>400,000

 

 1

1  

Grand Total

302.5

298 

600.5  

 

27 June 2017 - Request for information for the number of full time equivalent staff positions and the number of scientific and technical advisors at Environment Canterbury.
1131C - We received an information request for the number of full-time equivalent staff positions and the number of scientific and technical advisors at Environment Canterbury.
The below staffing numbers are based on information as reported on 1 July 2017.
  1. Full-time equivalent staff members – 600.5
  2. Full time equivalent scientific or technical advisor – 59.17

The requestor defined scientific or technical advisor positions as below:

This number should be understood to include academic and technical disciplines as conventionally understood, such as: agricultural science, air quality science, biology, chemistry, contaminated land assessment and management, earth science, ecology, environmental science, environmental risk assessment, freshwater science, geochemistry, hydrology, soil science, economics, sociology, civil engineering, and geographic information science (where practiced as a science), but exclude staff whose primary roles relate to the use and maintenance of information technology systems (ITS staff), policy development, or planning.

The number should not be based on a staff member’s qualifications, but on their operational role including a significant component as a scientific or technical advisor.  Also excluded would be staff that support sample collection or field or laboratory analysis leading to the provision of environmental data, unless they are also involved in the technical reporting or interpretation of such monitoring results.

19 April 2017 - Request for information on how rate funding is being spent
1107C - We received an information request regarding how rate funding is being spent. The requestor’s specific questions and our responses are outlined below.
Exactly how much rate funding is being spent on so called "Infrastructure Projects" (i.e. irrigation schemes) and how much of that funding is being paid by Christchurch City ratepayers?
The Canterbury Water Management strategy promotes active facilitation of parties with existing and proposed water infrastructure towards the 10 target areas of the CWMS. Environment Canterbury leads a lot of this facilitation, particularly where better water use or environmental improvement outcomes are possible.  This work is complementary to, and should not be confused with, the work of other agencies including the Community and Public Health division of the Canterbury District Health Board through the Drinking Water Assistance Programme (DWAP), the Ministry for Primary Industries and Crown Irrigation Investments Ltd.
In 2016/2017 Christchurch ratepayers are funding $286,000 of CWMS infrastructure facilitation.
Are the Commissioners paid a travel allowance to attend the likes of Zone committee meetings? If so at what rate are they paid?
The remuneration and allowances for all Councillors (both elected and appointed) is governed by a Determination of the Remuneration Authority. Environment Canterbury's Determination is available at. http://remauthority.govt.nz/clients-remuneration/local­govemment-elected-officials/.
The Determination provides a per-kilometre allowance for Councillors and sets out the rules around how the allowance is calculated (see clause 10). In addition to the per-kilometre allowance, there is a travel time allowance for Councillors, at clause 1 OA.
These allowances are standard to all local authorities across New Zealand.
The Christchurch Zone Committee has identified the Dudley Creek and Paroa Reserve upgrades in Christchurch as projects it assisted with.  Exactly how much funding did Environment Canterbury provide for these projects?
Paeroa Reserve Project - Urban Waterways Initiative - Goods and Services
  • 2014/15- $6,484
  • 2015/16 - $61,398
Paeroa Reserve Project - Immediate Steps Fund
2015116 - $2,930 of Immediate Steps money (approximately $1,000 having been spent so far) (ex GST}
Total spent on Paeroa Reserve Project- $70,812 (ex GST)
Dudley Creek is a Christchurch City Council project and no Environment Canterbury money has been spent on this from a Zone Delivery/Zone Committee perspective.
How much funding is ECAN providing to the Canterbury Mayoralty Forum for next year and how much of that funding comes from Christchurch City Ratepayers?
Environment Canterbury has been mandated by all 11 members of the Mayoral Forum to collect via a regional rate the resources required to provide support to the Mayoral Forum and its associated committees. The total budget for these services for 2017/18 is $280,772 (excl. overhead allocations). Based on Environment Canterbury's general rate collection ratio for Christchurch, approximately $150,000 would come from Christchurch City ratepayers.
What are the monthly passenger numbers using the 100 bus service for the 2016 year (from Jan -Dec 2016)?
The table below records every journey as defined by each individual trip on the 100 bus.
January 2016 February 2016 March 2016 April 2016 May 2016 June 2016
28,686  43,587 47,586 40,416 47,760 44,381
July 2016 August 2016 September 2016 October 2016 November 2016 December 2016
39,739  47,142 43,042 43,055 43,409 35,778

Due to the Greater Christchurch Public Transport Joint Committee being set up, how much in additional rate funding is that organisation costing Christchurch ratepayers next year?

The Greater Christchurch Public Transport Joint Committee is a joint committee of four local authorities, plus NZTA, established to promote a more coordinated approach of the five agencies involved in funding and providing the infrastructure that supports public passenger transport throughout the Greater Christchurch area.

Environment Canterbury has been mandated by the five members of the joint committee to collect via a regional targeted rate the cost of an independent chair. The total budget for these services for 2017/18 is $27,500. Fifty-one percent of the $27,500 is funded by NZTA grants, leaving 49% to be funded by the general rates.

18  April 2017 - Request for information about Communications section spending for the 2010/2011 and 2015/2016 financial years
1095C - We received a request for information about Communications section spending for the 2010/2011 and 2015/2016 financial years. 
Functions covered by communications departments in different organisations vary greatly, so we have included some explanatory notes about what is included in our Communications and External Relations department. Also noted is what expenditure has and hasn’t been included in the figures below.
Full-time equivalent (FTE) communications staff:
The Environment Canterbury Communications & External Relations section had 22 FTEs in 2010/11 and 22.6 in 2015/16 at year-end. These staff covered the following functions:
  • web design and management and digital platforms
  • graphic design and print production (including production of RMA Plans, corporate documents, council agendas etc.)
  • youth engagement (including Enviroschools facilitation)
  • internal communications
  • external communications (education and awareness) for Environment Canterbury functions (including CWMS/water, biodiversity and biosecurity, public transport, air quality, hazards and emergency management response, navigation safety, annual and long-term planning)
  • media liaison
  • marketing and behaviour change campaigns (eg air quality/home heating and public transport) and
  • industry/stakeholder engagement.
Environment Canterbury is the regional council covering the country’s largest geographical area. As you will appreciate, water management is a high priority in the region. As the result, in 2015/16 the number of communications staff within the Communications & External Relations section was:
  • five in the Canterbury Water Management Strategy (CWMS) and biodiversity/biosecurity team
  • two who look after the other portfolios of air quality, consents & compliance, hazards, transport and regional leadership
  • two in internal communications
So of the total seven communications staff, five of them focused on external communications.
Total communications department cost (including wages and spending):
The total figures are shown in Table 1 below
2010/11 ($) 2015/16 ($)  

Labour

1,119,365

Labour

1,322,033  

Goods & Services

1,068,253

Goods & Services

2,601,528

 

Overheads

1,231,044

Overheads

1,671,603  

Plant

4,065 Plant 25,227  

Total

3,422,727

Total

5,620,391  

These total figures include expenditure in all the following areas of expenditure:

  • communications advice
  • collateral design and production
  • printing and advertising
  • web development
  • photography & video
  • media monitoring
  • market research & behaviour change
  • sponsorship & community events
  • operational expenses such as travel, phones, learning and development, stationery
The expenditure for ‘external Public Relations’ has been extracted from the total figure as noted below. This includes expenditure for one-off pieces of communications work or for specialised skills when required.
The total figures are shown in Table 2 below
2010/11 ($) 2015/16 ($)  

External resources

38,085

External resource

147,626  

Note: this does not include expenditure on additional external resource for web development, contracted market research and other such activities. These are included in the overall figures noted above in Table 1.

It is worth noting that the scope of the work undertaken has changed between the 2010/11 year and the 2015/16 year, and so the figures cannot be used to make a direct comparison between the years. For example, during that time significant progress has been made on developing and implementing a new planning framework within both the water management and air quality areas. This has led to new work programmes and initiatives within the communications function to support these changes.

In addition, it is worth noting that the 2010/11 financial year was an unusual one because of the Canterbury earthquakes. We had the Darfield earthquake in Sept 2010 which took most the communications team out for 2-3 weeks doing public information management (PIM) duties in Civil Defence. Then the Christchurch earthquake occurred in Feb 2011. Business as usual took a back seat during this period. It was not until April/May that most staff reconnected with Environment Canterbury work programmes, and started to pick up work interrupted by civil defence duties.

30 March 2017 - Request for information on government funding of product stewardship schemes in New Zealand
1088C - We received a request for information government funding of product stewardship schemes in New Zealand.  
Environment Canterbury does not directly fund any product stewardship schemes. We do however provide relevant services, investigations and officer time associated with product stewardship.
The following activities relate to product stewardship:
Canterbury Waste Joint Committee – contributing member 2008-2010, Environment Canterbury provided 25% funding of the committee’s contestable fund, of which an estimated 20% related to product stewardship investigations, pilot programmes and services. Average annual contribution: $20,000-30,000.
  • Type of funding: direct (contestable fund – ongoing contribution)
  • Total contribution to Product Stewardship investigations: $20,000
  • Total contribution to implementation/ ongoing support – Nil
  • Total waste – N/A
Agrecovery – agrichemical funding for legacy and brand specific chemicals not included in the voluntary product stewardship scheme.
  • Type of funding: direct (collection and disposal costs)
  • Total contribution to Product Stewardship investigations – Nil
  • Total contribution to implementation/ ongoing support: $130,000 (2011-16)
  • Total waste: 9,363kg Agricultural chemicals - 984 containers (estimate)
Advocacy/officer time – While Environment Canterbury does not directly deliver, coordinate or otherwise fund product stewardship schemes it is estimated that approximately 100hrs/year ($120/hr) are dedicated to advocacy around product stewardship related activity. This includes participation in the Canterbury Waste Joint Committee above.
  • Type of funding: labour – advocacy (salary and overheads)
  • Total contribution to investigation/implementation/ongoing support: $96,000 (2008-16)
22 December 2016 - Request from media for information about how much money Environment Canterbury spent on advertising in the last financial year
1066C - Media request for information about how much money Environment Canterbury spent on advertising in the last financial year.

1. Total cost of advertising spend for the last financial year

The total advertising spend for the organisation for last financial year (01/07/2015 - 30/06/2016) is $813,050. This figure includes the cost of creating the advertisement graphic and publishing them.
A significant amount of our advertising is due to our obligations under the Local Government Act to give public notice of bylaws, public meetings, tenders, etc. in local newspapers. The other significant contribution to our advertising costs revolves around engaging the community with council activities such as Canterbury Water Management Strategy, Air Quality initiatives, and Public Transport campaigns.
The remainder of the advertising falls under recruitment costs, signage (for example: birds nesting in this area/fire danger), Yellow pages, and various other collateral items such as brochures or information sheets.

2. How much of that spend was used for: YouTube, Google, and Facebook

Environment Canterbury has only invested in Facebook advertising which equalled to $531.81 in the last financial year. This consisted of ‘boosting’ Facebook posts which allow a larger amount of our audience to view that post. No money was spent on YouTube or Google advertising.
13 December 2016 - Request from MP Sue Moroney for public passenger transport costs since 2008/09
1049C - Public transport information was requested as follows:

1. Public passenger transport costs since 2008/2009 including the most recent financial year with totals, broken down by amount covered by users, ratepayers and the New Zealand Transport Agency

2. What were the levels of demand for public passenger transport for each of the financial years to date since 2008/2009

3. How much was the cost of public passenger transport fares for each of the financial years to date since 2008/2009

4. What percentage of public passenger transport fares for each of the financial years to date since 2008/2009 went towards user contributions to cover public passenger transport costs

The information requested is attached.

13 December 2016 - Request from media about external legal services spend for the years previous to 2015/16
1055C - Media request for information about Environment Canterbury’s external legal services spend for the years previous to 2015/16.

The information requested is attached. Each year Environment Canterbury’s legal requirements can vary considerably, covering such things as hearings, employment advice and property matters. The legal firms used, and the amount spent with each depends on particular needs in any given year. 

6 December 2016 - Request for information regarding Environment Canterbury leased grazing land and income allocation
1043C - Information request regarding Environment Canterbury-leased grazing land and income allocation.

The figures provided below have been extrapolated from the current reserves land database as at November 2016. Our records do not record the exact data that your bespoke request has asked for so the information below has been manually taken from the database and from staff knowledge of the farming operations. The replies below correspond to the five numbered questions submitted.

1. How many hectares of land is ECan currently leasing to farmers for grazing farm animals?


The area of Environment Canterbury reserve land currently under farm lease or grazing licence totals 10816 hectares.

2. Where is the land located that is currently being leased to farmers for grazing farm animals?

These leases and licences are located throughout the Canterbury region from Kaikoura in the north to the Waitaki River in the south. The land is mainly river protection reserve land associated with the main Canterbury rivers. Most of the land is related to the Waimakariri and lower Rakaia Rivers. All leases include requirements to comply with current legislation and our planning rules.

3. How much of the land leased is to farmers who are grazing dairy cows and dairy support?

The total area of land under lease or grazing licence for dairy or dairy support farming is 5509 hectares.

4. How much money does Ecan receive per hectare from the leasing of land to farmers for grazing? If it not leased out on a per hectare basis, how much in total did Ecan receive in 2015 from leasing land to farmers for grazing farm animals?

The current total annual rent for farm leases and grazing licences for the 10816 hectares is $1,480,000. Rentals vary depending on the location, type of soil (mostly very stony river berm), access, risk and productivity. These factors mean there is significant variability in rental on a per hectare basis.

5. Is the money received from this practice allocated to any specific funds or areas of work?

The vast majority of the farm tenancies are within river rating areas and any rentals received are paid into the specific river rating account to help pay for river protection works like stopbanks, protection tree planting and the maintenance of these works. This endowment income from leasing the land helps offset public rating to fund these works. Legislation, for example, the Waimakariri River Improvement Act of 1922, sets out how these funds are to be used and where.

Environment Canterbury inherited this land from former authorities as a result of the 1989 local government reorganisation. As stated earlier, either local legislation or special rating districts determine where income from this land should be spent. The general principle, however, is that the land was endowed or vested in Environment Canterbury for two purposes: 1) to provide for flood prevention infrastructure 2) to provide income to assist funding flood prevention.

19 July 2016 - Request for information regarding the annual budget allocated for enforcement actions under the RMA for each year for the past 5 financial years up to June 30, 2015 and the number of Full Time Equivalent ("FTE") staff working for the Council to undertake enforcement actions under the RMA
988C - We received a letter dated 21/06/2016 requesting information on:
  • The annual budget allocated for enforcement actions under the RMA for each year for the past 5 years (with each year to run from 1 July to 30 June, so that the most recent year will end in June 2015)
  • The number of Full-Time Equivalent ("FTE") staff working for the Council to undertake enforcement actions under the RMA each year for the past 5 years information request regarding Environment Canterbury-leased grazing land and income allocation.
The figures below provide this information relating to staff and budgets relating to all RMA enforcement. 
FTE Environment Canterbury staff employed to undertake enforcement action
FTE Environment Canterbury staff employed to undertake enforcement action Year (1 July to 30 June) Full Time Equivalents   

2010/11

32.71  

2011/12

26.22

 

2012/13

30.48  

2013/14

34.92  

2014/15

33.17  
Council's Budget for RMA Enforcement Actions - last 5 years  Budgets  

2010/11

$5,846,477  

2011/12

$6,334,325

 

2012/13

$5,889,436  

2013/14

$5,670,467  

2014/15

$6,089,823  
The RMA compliance team monitors over 24,000 consents. Of these, there are 5900 consents for water takes. Groundwater abstraction consents had the highest rate of significant non-compliance. Surface water abstraction and agricultural discharges followed close behind. 
Overall, during the 2014/15 year, Environment Canterbury issued 81 abatement notices and 36 infringement notices with $50,500 worth of fines.
Three successful prosecutions were concluded, including one that led to lnterflow ltd contributing $80,000 towards the remediation of a stream on Banks Peninsula. The compliance team's aim is to achieve a high level of voluntary compliance by working with individuals and the community, but if unsuccessful Environment Canterbury has several enforcement tools it can use to make sure rules are complied with.
Compliance is also undertaken by third party providers who, through real time monitoring of water, can immediately alert consent holders to water take consent breaches. Independent auditors also provide us with assurance that Farm Environment Plans are in place and provide information on whether they are up to standard (there will be 5000 farm plans in place by 2020). This compliance activity requires no Environment Canterbury expenditure.
15 July 2016 - Request for information on the full spend and break down of costs for Environment Canterbury of compliance over the 2014/2015 financial year, and the full spend and break down of costs of communications for Environment Canterbury over the 2014/2015 financial year
987C - We received a request for information on:
  • The full spend and break down of costs for ECan of compliance over the 2014/2015 financial year, and
  • The full spend and break down of costs of communications for ECan over the 2014/2015 financial year
The table below shows the information requested.
14/15 Year - Environment Canterbury Labour Vehicle Usage Good & Services  Corporate & Section Overhead Costs Allocated Total Costs

Communications

$310,943 $2,467 $532,848 $375,902  $1,222,160

Monitoring & Compliance

$2,130,371

$196,663

$476,155

$3,182,240  $5,985,429

It is important to note the two business groups – compliance and communications – have completely different functions and it is difficult to compare the budgets between the two.

The compliance team monitors over 24,000 consents with a prime focus on water use. Groundwater abstraction consents had the highest rate of significant non-compliance. Surface water abstraction and agricultural discharges followed close behind. The cost of our compliance activities is largely met by either the user of the resource, or the polluter.

Overall, during the year Environment Canterbury issued 81 abatement notices and 36 infringement notices with $50,500 worth of fines. Three successful prosecutions were concluded, including one that led to Interflow Ltd contributing $80,000 towards the remediation of a stream on Banks Peninsula. The compliance team’s aim is to achieve a high level of voluntary compliance by working with individuals and the community, but if unsuccessful Environment Canterbury has several enforcement tools it can use to make sure rules are complied with.

Compliance is also undertaken by third party providers who through real time monitoring of water can immediately alert consent holders to water take consent breaches. Independent auditors also provide us with assurance that Farm Environment Plans are in place and provide information on whether they are up to standard (there will be 5000 farm plans in place by 2020). This compliance activity requires no Environment Canterbury expenditure.  The Communications team works across the whole organisation, supporting its work. It provides communications and media advice to staff, provides direction and oversight of Environment Canterbury’s extensive website, and commissions design, advertising and publishing for council initiatives.

You can find further information about costs and budgets for both compliance and communications in Environment Canterbury’s annual report which is located here.

Flock Hill
 3 August 2017 - Request for information on Immediate Steps funding on Flock Hill over the past 5 years and subsequent biodiversity outcomes.

1135C - We received an information request on Immediate Steps funding on Flock Hill over the past 5 years and subsequent biodiversity outcomes.

Three projects have been supported on Flock Hill over the past five years from 2010 to 2015.  The majority of these were initiated, managed, and/or delivered in collaboration with Fish & Game North Canterbury without Flock Hill receiving any money.  Details of these three projects are as follows:

Winding Creek fencing and weed control

  • Initiated, managed and delivered by Fish & Game North Canterbury (FY2010/11)
  • Total value $93,700 including contribution from Selwyn District Council, Environment Canterbury and Fish & Game delivered over several stages
  • Project aimed to fence the creek to reduce the amount of sedimentation within Winding Creek and to reduce disturbance within the adjacent wetland area, which will support maintaining a healthy stream with clear gravels, healthy populations of native plants, fish, invertebrates, and thriving native riparian vegetation. In addition, removal of weeds was undertaken
  • Project outcomes monitored: effective fence line placement and delivery of wide stream buffer area

Winding Creek wetland and weed control

  • Landowner initiated and delivered in collaboration with Environment Canterbury and Fish & Game (FY 2012/13)
  • Total project value $31,900 shared 50-50 with landowner to protect wetland
  • Previously stock-grazed land fenced off and retired for 63.7 ha of wetland and connected to previous Winding Creek protection project
  • Protection of wetland habitat and stream habitat, which is known to be of high value to spawning salmon. Weed control was undertaken by Fish & Game
  • Project outcomes monitored: fence was delivered and Fish & Game have completed the weed control

Craigieburn Stream and Lake Pearson

  • Initiated by landowner together with Fish & Game (FY 2011/12)
  • Total project value $48,000 with contributions from Environment Canterbury, Department of Conservation and the landowner
  • Fenced off 2200 m of the Craigieburn Stream and eliminated cattle access to Lake Pearson to improve water quality.  Eliminated cattle grazing from the lower Craigieburn Stream through fencing, to improve water quality (sheep grazing only along the very weedy stream margins).  Eliminated all stock grazing from the lake margin between the Craigieburn Stream fan and the Winding Stream exit point. (no sheep, cattle and deer).

In order for Immediate Steps funding to be successful the Zone Committee relies on willing landowners to approach and work with Environment Canterbury and our biodiversity officers.  Environment Canterbury staff lead the initial project scoping, project drafting, and proposal pitch.  Terrestrial and freshwater ecologists peer review all project proposals and provide a recommendation to the Zone Committee for decision making.  This recommendation takes into account whether the project objectives are achievable and deliver the envisaged biodiversity outcomes.  The biodiversity outcomes under the Canterbury Water Management Strategy (CWMS) are long-term goals and therefore some expected results from projects will take time to eventuate.

18 April 2017 - Request for information about allocation of Immediate Steps Biodiversity Fund to a project on Cave Stream on Flock Hill Station

1104C - We received an information request for Information about allocation of Immediate Steps Biodiversity Fund to a project on Cave Stream on Flock Hill Station. 

The requester asked many questions regarding Cave Stream on Flock Hill Station. All of the questions and their answers can be found below.

What is the purpose of the fence?

The purpose of the fence is to protect Cave Stream from stock access through the agricultural areas adjacent to Stage one and two of the proposed fencing. The proposed fencing goes beyond what is required by farmers in the high country in regards to stock exclusion from water ways.

Where is the proposed fence going to be located?

The attached map shows the location of the proposed fence and the stages of the fencing.

Does it include the natural Eco tone from wetland-terrace riser shrubland to dryland terrace?

The main stem of the stream and surrounding wetlands is a naturally rare ecosystem, with >30% left but less than 10% protected. The cave and karst features in Stage three of the proposed fencing are regionally significant, and according to Department of Conservation, nationally significant.

How does the fencing of the adjoining terraces which are proposed for cultivation, meet the objectives of Environment Canterbury's plans and policies to protect and enhance indigenous biodiversity and protect ONLs?

The fences on both sides of the stream (Stage one) will provide a protected freshwater biodiversity corridor, which was previously accessible by stock, and was weed and pine infested. The riparian area has a minimum buffer of approximately 20m on either side and overall 80-100m combined buffer on average. Stage two and three protect Cave Stream and therefore no second fence line is needed as it borders onto the road where there is already a fence installed.

The fenced off area will now be under weed control management and therefore protect current, and enhance existing, biodiversity values.

What ecological assessment was carried out to support the funding decision, and further, was it included an assessment of the landscape impacts of a fence and the proposed changes in vegetation that will occur in an area with “regional and national significant landscape features”. Also requested was a copy of the ecological and landscape assessments.

In relation to the ecological assessment:

The Immediate Steps (IMS) Biodiversity Fund was set up to support on-the-ground actions to improve freshwater-related biodiversity. IMS funding is allocated to each zone and the Zone Committee decides which projects receive IMS funding.

The biodiversity assessment for Immediate Steps funding for projects are based on the following criteria (and in accordance with the Wildlands - Guidelines For The Application Of Ecological Significance Criteria For Indigenous Vegetation And Habitats Of Indigenous Fauna In Canterbury Region):

  • Existing ecological values of the proposed project site (representativeness, rarity or distinctiveness, diversity/pattern, ecological context, protection of threatened environments and naturally rare or distinct habitat)
  • Potential ecological values of the site (10-15 years’ time) based on likely change (effectiveness/key threats, potential positive impact ecologically, value for money)
  • Other criteria such as non-ecological or cultural (legally protected, education)
  • Immediate steps criteria based on the Zone Implementation Programme (ZIP)

The ecological assessment score was peer reviewed by a terrestrial and freshwater ecologist.

Summary:

Overall Assessment Scores

Criteria Score Comments    

Ecological Assessment Score (Existing and Potential) /39

31

This assessment is related to the fencing and ongoing wildling pine and weed control along the spring fed cave stream; this project links up with the fully fenced Cave Stream Reserve downstream. This project has 3 stages and will safeguard the complete Cave Stream system running through the Station.

   

Cultural

Medium

 

 

 

Other Criteria Overall Rating

Medium

 

   

Immediate Steps Rating

High      

In relation to the landscape assessment:

The Zone Committee recognises the high landscape values in the surrounding area, but consideration of the potential visual impact of the fence does not currently form a part of the formal Immediate Steps framework biodiversity assessment. However, these values can be considered in the general discussion of projects with the biodiversity subcommittee, the full Zone Committee and by community members at the meeting. The landscape values in question, and the project’s potential impact on these, were discussed at both the Zone Committee Biodiversity Subcommittee meeting and the full Zone Committee meeting.

The meeting agenda for the latter was publicly available on Environment Canterbury’s website one week before each meeting and sent out to a number of interested and relevant partners, organisations and individuals.

Is the landowner committed to ongoing weed control within the fenced area?

The Ministry for Primary Industries, Department of Conservation and Flock Hill Station Limited have a combined commitment to weed control across the project area for the next three years. Flock Hill is committed to maintain weed control after this period, and the station will continue with maintenance as the ecological cost of discontinuing weed control would be high within the fenced off area.

Would the funding have been better spent to fence off the flats below the Cave stream gorge?

The flats below the gorge are not part of this project. The Zone Committee and Environment Canterbury are open to further Immediate Steps applications from Flock Hill Station and other high country properties to assist with the protection of freshwater-related biodiversity.

Why did the Committee not wait for a decision on the SDC resource consent application before making a decision on the fence?

As mentioned above, Flock Hill Station has withdrawn its resource consent application with Selwyn District Council (SDC). The Station is currently not pursuing any further action or application regarding this matter.

Is the fence part of an Overseas Investment obligation?

No, the fence is not part of the Overseas Investment Office (OIO) obligation.

The requestor stated that “Flock Hill Station lease is now 100% American owned”, and asked if the Committee could not foresee possible PR problems with assisting Flock Hill owners to fence the property with public money and help “pursue a dramatically revised method of farming” as outlined in the Overseas Investment Office consent dated 7 April 2016.

The land area in question is owned by the University of Canterbury and leased long-term by Flock Hill Station Limited. Therefore, the conditions from an Overseas Investment Office consent for Flock Hill Station Limited are unrelated to the site in question as the ownership and lease agreement are a separate issue. The method of farming is not a dramatically revised method of farming. It is a return to the farming long established in the past and operating until the invasion of wilding pines in the last 20 years.

Governance
28 April 2021 - Request for information regarding activities funded by the Uniform Annual General Charge (UAGC).

2049C - Request for information regarding activities funded by the Uniform Annual General Charge (UAGC) - request copy of staff recommendations regarding proposed activities and total UAGC per property.

Email 1

Kia ora Jamie

Please find attached our response to your LGOIMA enquiry.

I have one additional document which I will send separately as response B, as it is around 30Mb — please advise if you don’t receive it.

Ngā mihi, Margaret

Email attachments

 LTP Council Briefing Presentation - Public Transport - Scenario 4 - Communications and Engagement - Revenue and Financing Policy 201125_Redacted (PDF File, 4.81MB)

 LGOIMA 2049C Jamie McFadden - 10-05-21 (PDF File, 55.69KB)

 Revised scenarios 25 NOV 2020 - Redacted (PDF File, 1.26MB)

 LTP update 3 Dec 2020 - Redacted (PDF File, 4.62MB)

 LTP UAGC scenarios LTP (PDF File, 395.43KB)

 LTP Revenue review 14 Oct 2020 - Redacted (PDF File, 2.7MB)

 LTP Financial framework - Redacted (PDF File, 3.18MB)

Email 2

As stated in my previous email, here is the remaining document.

Margaret

Email attachment

 Revised scenarios 18 Nov 2020 - Redacted (PDF File, 30.82MB)

Email 3

Dear Jamie

Local Government Official Information and Meetings Act 1987 (LGOIMA):
Request for Information

I refer to your email dated 11 April 2021 requesting information on the proposed funding by Uniform Annual General Charge (UAGC). Your request has been referred to me to reply.

You requested a copy of Environment Canterbury staff recommendations in relation to activities proposed to be funded by UAGC, and total UAGC per property. Please find the requested information attached. Please let us know if you require further information, this same topic is covered in other working or presentation documents but we believe that to be a duplication of the information contained within these documents provided.

We have redacted the authors of the reports on the basis of privacy of those staff under s7(2)(a) of the LGOIMA.

You will be aware that if you are not satisfied with this response, you are able to refer this matter to the Office of the Ombudsman under s27(3) of the LGOIMA.

Please be advised that we now put LGOIMA responses that are in the public interest onto our website. No personal details of the requester are given, but we do summarise the essence of the request alongside the response.

Should you require any further information or clarification, please do not hesitate to contact Margaret Meehan in the first instance (margaret.meehan@ecan.govt.nz or 03 367 7440).

Yours sincerely

David Perenara-O'Connell
Acting Director Strategy and Planning

Email attachments

 LTP Revenue review 14 Oct 2020 - Redacted (PDF File, 2.7MB)

 LTP update 3 Dec 2020 - Redacted (PDF File, 4.62MB)

 Revised scenarios 18 Nov 2020 - Redacted (PDF File, 30.82MB)

 Revised scenarios 25 November 2020 - Redacted (PDF File, 1.26MB)

 UAGC scenarios LTP (XLSX File, 330.14KB)

14 November 2019 - Request for information of the gender of the elected members during the period 1989 to 2001

1708C - Request for information of the gender of the elected members during the period 1989 to 2001. Women are indicated in the table with a (W).

This table shows the names of Elected Members and the date of their terms for the period/elections between 1989 to 2001:

1989–1992 1992–1995 1995 –1998 1998 –2001
Stephen Barker Stephen Barker Stephen Barker Richard Budd
Maurice Carter Maurice Carter Richard Budd Kerry Burke
Alex Clark Neil Cherry Valerie Campbell (W) Valerie Campbell (W)
Richard Harrington Peter Dunbar Neil Cherry Neil Cherry
Trevor Inch DM Harris (W) Dorothy Harris (W) Hamish Hay
Richard Johnson Richard Johnson Hamish Hay Richard Johnson
Christine Kelland (W) Christine Kelland (W) Richard Johnson Robert Johnston
Di Lucas (W) Tony Kunowski Christine Kelland (W) Ross Little
William Penno William Penno AP Palmer Angus McKay
Diana Shand (W) Diana Shand (W) William Penno Mark Oldfield
Hazel Tait (W) Roger Tasker Diana Shand (W)  William Penno
Roger Tasker George Twentyman Roger Tasker Diana Shand (W)
George Twentyman Judith Waters (W) George Twentyman Judith Waters (W)
David Walker   Judith Waters (W) Peter Yeoman
Pansy Wong (W)      

Also asked to be provided with the ethnicity of the named members during this period. This information has never been recorded by the Council.

Question whether the Canterbury Regional Council utilised the Single Transferrable Vote (STV) or First Past the Post (FPP) electoral system during this period, and if the Council used STV, when this commenced.

6 November 2019 - Request for information regarding hiring and contracts of Executive Staff

1716C - We received an information request for information regarding hiring and contracts of Executive Staff.

  • The Chief Executive is employed by the Councillors for a fixed term as defined by the Local Government Act. All employment matters including appointment and assessment of performance are conducted by the Councillors under the leadership of the Chair. 
  • The Chief Executive is the employer for all Council staff including all Directors and other executive team members. Contracts are usually for permanent employment although there are some occasions where staff are employed on a fixed term basis to deliver a specific project or outcome with a defined timeframe.
  • All disciplinary decisions are made by the Chief Executive in accordance with employment agreements and employment law provisions.
15 June 2017 - Request for information regarding the ethical code of conduct that Councillors follow in New Zealand.

1125C - We received an information request regarding the ethical code of conduct that Councillors follow in New Zealand.

1. What are the main systems and processes for governing ethical conduct in your council?

Legislation, Standing Orders, Members Code of Conduct and peer support, training and advice.

2. What legislation, codes and protocols govern ethical conduct for councillors and officers?

3. What are behaviours are expected of councillors and officers in order to uphold good ethical conduct?

As above

4. What support is in place to encourage/develop those behaviours?

  • As above and peer support
  • In addition there may be training provided by way of national courses e. g. for decision making on resource consent applications and plan making. Both Councillors and staff with delegations to make decisions for resource consent matters attend this training.
  • There is advice available to Councillors from staff and external advisors on what is confidential, or commercially sensitive information in terms of how they conduct meetings and make decisions.
  • There is advice on avoiding: serious offence to tikanga Maori; and disclosure of the location of waahi tapu (places sacred to Maori in the traditional, spiritual, religious, ritual or mythological sense).
  • There is advice and training available for recognition of what constitutes bias, conflict of interest and pre-determination.

5. What is the process if someone falls short of expected behaviours? When it is a councillor, who decides they have fallen short?

As per standing orders.

6. What are the sanctions and systems in place for addressing poor behaviour?

As per standing orders.

7. What effect have the ethical governance processes you've got in place had on principles like openness, fairness, integrity, transparency, mutual respect but also public confidence?

The legislation and standing orders have been in place for many years. I am not aware of any document that records any such changes over time.

6 April 2017 - Request for information regarding Environment Canterbury councillors subject to any enforcement action and a register of interest
1090C - We received an information request for information on Environment Canterbury councillors subject to any enforcement action and each councillor's register of interests.

Please find below the information we hold on Environment Canterbury councillors as requested.

Claire Elizabeth McKay

Date Incident Action taken Officer Reference
13 December 2016  Response to hotline call on 13 December 2016 about effluent ponding from a spill of the effluent wedge 21 December 2016, two abatement notices issued for ponding effluent, in the name of Mr Baggot/Ms McKay and Lyn Baggott  Marco CRC990910.4

 John Sucknell

Date Incident Action taken Officer Reference
22 February 2017 Irrigator spraying on the road Phone call to John Sucknell, he has contractors booked in to fix the problems, currently waiting on parts. Teaghan PE173899

Read all Councillors’ entries from the Councillor declaration of interest register.

Harbour
8 October 2021 - Request for information in relation to swing moorings and the levy implemented following the adoption of our Long Term Plan
2172C - Request for information in relation to swing moorings and the levy implemented following the adoption of our Long Term Plan.

I refer to your email dated 17 September 2021 requesting information on swing moorings and the recent levy implemented following the adoption of our Long-Term Plan.

Please find our response below.

As you are aware during the process of setting the Annual Plan for 2019/20, Councillors at Environment Canterbury agreed that swing moorings needed to be a user-pays service and therefore fully cost-recovered. Upon the adoption of the Annual Plan on 20 June 2019 the moorings fee was set at $200 + GST to ensure this service remained user-pays. This fee change came into effect from 1 July 2019. Prior to this, swing moorings were not operating at a full-cost recovery model.

The recently applied levy of $50 +GST has been implemented following the adoption of our Long-Term Plan 2021-31, which took effect from 1 July 2021. This levy is specifically to aid in the recovery/removal of wrecked or abandoned vessels and applies to all 650 (approximately) of the swing mooring holders.

This levy is being collected, and while not held in a separate bank account, it is identified and assigned to a specific cost code and reserve for the purposes of vessel recovery/removal. It will only be used for this purpose.

The financial position of this cost code and reserve can be provided on request to swing moorings holders at the end of each financial year. This will detail the levy collection income and expenditure as well as a closing reserve balance.

Environment Canterbury has an obligation to ensure our harbours are made safe, and in the event of an incident requiring wreckage or vessel removal, we often incur costs to remove any hazards first and recover costs later. The registered vessel owners are invoiced for any associated charges (where we can identify the owner). If payment is not forthcoming, then debt recovery is pursued.

We will ensure that the use of the levy funds for vessel or wreckage recovery/removal are only used once all other options of debt recovery have been exhausted.

Akaroa harbour

Details of vessel Year Cost Recoverable Y/N Abandoned/Wreck Owner Identified Cost recovery Full payment (FP)/Payment Arrangement(PA)/Remains Debtor(RD)
Launch 8.3m 2015 $2,355.53 N Abandoned/wreck N FP
Sloop 8.5m 2017 $5,276.35 Abandoned/wreck  
Multihull 8m 2019 $3,355.14 Wreck RD

Whakaraupō / Lyttelton harbour area

Details of vessel Year Cost Recoverable Y/N Abandoned/Wreck Owner Identified Cost recovery Full payment (FP)/Payment Arrangement(PA)/Remains Debtor(RD)
Launch 2014 $12,383.60 Y Wreck Y PA/FP
Yacht 7.8m 2015 $2,004.6$ U Wreck U  
Launch 9.6m 2015 $18,365.01 Y Wreck Y U  
Ex-Ship's Lifeboat 2016 $2,500.00 Abandoned  
Launch 10m 2019 $8,943.35 Wreck RD
Keeler 2019 $1,585.48 Y Abandoned FP
Keeler 2019 $586.50 N Abandoned FP
Unknown from Purau 2020 $5,623.50 Abandoned/wreck  
Unknown from Cass 2020 $4,404.39 Wreck  
Yacht (LOA unknown) 2020 $6,871.02 Abandoned/wreck  
Unknown from Akaroa 2022 $5,000.00 Y Abandoned  
Catamaran- Cass Bay 2022 $12,257.00 Wreck  
Unknown 2022 $16,281.00 Y Wreck  
    $107,792.47 Cost total for both areas        
    $16,911.11 Recovered for both areas        
Request for information in relation to the mooring fee towards removal of wrecks/abandoned vessels from swing moorings
We have had several official information requests about the mooring fee towards the removal of wrecks/abandoned vessels from swing moorings.

As required by the Maritime Transport Act 1994, funds from the fee towards removal of wrecks/abandoned vessels from swing moorings are only used when we need to deal with wrecked, stranded or abandoned vessels that are at, or have come adrift from, swing moorings.

Any funds unspent in a financial year are placed in a dedicated reserve for use in a future year in addition to any fees paid in that year if expenditure exceeds the sum of that year’s fee total.

Find out more about our fees for moorings.  You can find information on ways to pay on our contact page. Further information on fees can be found in the Navigation Safety Bylaw.

Our response

Shouldn’t the wrecks’ owners arrange and pay for recovery?

The cost of recovery and disposal of a sunk or stranded boat is the responsibility of the boat’s owner. We only become involved when there is no identifiable owner or when there is a compelling navigation safety reason to do so. When we do take action, we try to recover costs from the boat owner.

I keep my boat in good condition. Why am I paying towards the removal of wrecks?

In cases where there is no identifiable owner or where the owner has no means to pay, costs cannot be recovered from an individual. In the past, these costs have been covered by Canterbury ratepayers.

It is more reasonable for these costs to rest where the greatest risks and benefits exist. The boats most at risk from a sunk or drifting boat on/from a swing mooring are other boats on swing moorings. Therefore, the greatest benefits from recovery of sunk/drifting boats is to the owners of other boats on swing moorings.

How many wrecks does the Harbourmaster’s Office deal with each year?

From 2015-2021, at least 12 wrecks or derelict vessels from swing moorings have sunk or required removal, requiring direct action by the HMO that incurred costs. Only two of these had the costs eventually fully paid by the owner; the others either had no identifiable owner or were written off as bad debt due to demonstrable inability to pay.

How much does the Harbourmaster’s Office spend dealing with wrecks and abandoned vessels?

Between 2014 and 30 June 2023, we spent $130,904.47+GST removing wrecked and abandoned vessels. Of that total, we recovered $16,911.11 from the vessels’ owners.

We spent $23,112 on wreck removals during the 2022/23 Financial Year. There is $21,431 remaining in the reserve fund as of 1 July 2023.

Why don’t you require proof of insurance?

In New Zealand, there is no requirement for private vessel owners to hold insurance for their vessels. Even if a vessel is insured, no one can require the insurance holder to make a claim; nor is there any guarantee of a claim being accepted or paid by an insurer (claims are sometimes refused); nor can anyone else, including a regulatory body, claim on that insurance.

There would be an administrative cost to checking, noting and filing 650 insurance certificates each year. This would increase mooring administration costs.

Why can’t you identify all vessels’ owners?

As there is no formal compulsory registry of private vessels in New Zealand, Environment Canterbury has only our own records to rely on as to who may own any particular vessel. The Bylaw requirement to have vessels identified is not a registry and so does not serve as a record of ownership.

16 March 2017 - Request for information in relation to the implementation of the Port and Harbour Marine Safety Code at the Port of Timaru

1087C - Environment Canterbury has adopted the New Zealand Port and Harbour Marine Safety Code (the Code). The principles of the Code are used in the management of navigation safety throughout the region.

We were unable to provide information to most of these queries, and have outlined below why. Specifically the following was requested:

1. A copy of the Harbour Safety Management System for the Port of Timaru.

Timaru Port is a single port operation and does not lie within a harbour. This means the only operations being undertaken are those of a single port company and associated operations and therefore does not require a harbour safety management system.

2. Documents relevant to berthing plans, any consultation that took place with Environment Canterbury as Harbourmaster and copies of the final plans developed by the Port.

The Port Safety Management System serves as the management document for the operations of that Port. This is not a single document but made up of many procedures, practices, assessments and manuals. Environment Canterbury does not hold copies of these documents.

PrimePort consult with the Harbourmaster on many matters. The discussions and review of documents take place at our meetings with PrimePort on site in Timaru. The discussions are those relating to amendments to existing documents rather than new documents. As such, the discussions are focused on those matters and any changes, amendments or improvements are made at the time, or are reviewed again at a subsequent visit. Environment Canterbury has adopted this process in order to provide a prompt review and response to port company documents. We do not hold copies of the PrimePort documents.

3. A copy of all documents relevant to the setting of wind limit guidelines pursuant to clause 6.3(4) of Harbourmaster’s Direction 16-1.

Harbourmaster’s Direction 16-1, clause 6.3(4) requires that “Every commercial port shall, in consultation with the Harbourmaster, set and operate agreed wind limit guidelines for that port.” These limits will be found within the Port Safety Management System. These documents are reviewed and approved as described above. No copies are held by Environment Canterbury.

4. Any documents that relate to Harbourmaster’s approval of cruise ship visits to Port of Timaru.

The Harbourmaster’s Direction 16-1 sets out the maximum size of vessels that may navigate within the port of Timaru under the Port Safety Management System. This is based on the operational limitations of the port and its infrastructure, and their ability to safely handle those ships, rather than a vessel type. Any vessel in excess of those sizes requires individual approval of the Harbourmaster. There is no separate approval for cruise ships.

Home heating
7 August 2017 - Request for information in relation to our Timaru Home Heating Subsidy Data

1140C - We received a number of questions, most of which we have answered in the table below. 

Timaru Clean Air Zone Clean Heat programmes

We could not answer the requestor’s following queries because we do not compile data about the specific low income evidence supplied and it has only been since December 2016 that the low income eligibility criteria has been expanded to include a wider range of low income evidence than a Community Services Card.

  • Number of applications from those who own a rental property and have tenants (Until recently we have not compiled data about owner occupied and rented properties.)
  • Number of applications for subsidies from those who had a community services card
  • Number of application for subsidies from those who had a combined SuperGold card and community services card
  • Number of applications for subsidies from those who just missed out on being eligible for a community services card by $5,000 or less
  • Number of applications for subsidies from those who receive a rates rebate for the current financial year
  • Number of applications for subsidies from those who receive a disability support pension

It is also important to note that the subsidy programmes have been amended over the years, with the main changes to the amount available and the eligibility criteria.  The home heating subsidy started at $500 (until June 2013) and then increased to $1000 (until June 2014) with no Community Services Card requirement.  At that time $1000 was made available towards a wood burner or $2000 towards a heat pump and a requirement for a Community Services Card (until Dec 2016).  Now the eligibility criteria has been expanded further and provides up to $5,000.

Nitrate
28 February 2019 - Request for information about the Hurunui Waiau zone risk map associated with nitrates in drinking water

1562C - A request has been made in regards to the Hurunui Waiau zone risk map associated with nitrates in drinking water. Below are the three answers to the following questions relating to a risk map associated nitrates in drinking water:

  1. Has the map linked below been updated since December 2017? View map.
  2. If it has not been updated, can you let me know when the Council plans to update this map?
  3. If the Council does not plan to update this map, can the Council provide an explanation why?

This map version is the latest we hold on record. The maps are scheduled to be revised every two years and our next update is planned for late in 2019.

 

Irrigation
22 February 2019 - Request for information related to the September 2018 AIC groundwater report

1538C - We received an email dated 16/01/19 requesting information about the September 2018 AIC groundwater report.

Please note that AIC's consent includes strict requirements for land and water uses to limit nitrogen losses and improve irrigation efficiencies and environmental outcomes.

To ensure its water allocation is being used efficiently, AIC has transitioned from a border dyke system to a spray irrigation system – the former uses more water than is needed and as a result dilutes nutrients moving to groundwater.

As part of transitioning to the more efficient spray irrigation system, increases in nitrate concentration will happen due to reduced dilution. However, the consent sets some strict nitrogen loss limits based on AIC’s existing activities.

These limits cannot be exceeded. The transition to good management practice and efficient irrigation is intended to reduce total nitrogen leaching. Without the Hurunui Waiau Rivers Regional Plan and consent being in place, the company could have continued what it was doing without the controls or mitigation measures mentioned above.

Monitoring shows AIC has already achieved nitrogen loss reductions of 3% and 1.6% in the Waiau and Hurunui catchments respectively.

To address the potentially increasing concentration from reduced nitrate dilution, AIC’s consent requires the company to take action when there are any exceedances to ensure any environmental impacts are addressed and any health risks are dealt with appropriately. This includes advising residents of the exceedance and where there are vulnerable people living in the property, ensuring a safe supply of drinking water is available.

Questions referring to the above report:

1. Concern that averages are not the same as quarterly sampling. AIC should be required to provide all 4 values so that the Council can see how the nitrate concentrations have changed over time, and so that the Council can verify that the average value provided is correct. We would like to see the Council request the individual data points as part of the consent conditions and provide those data points.

Please find the relevant (nitrate) data in the table below.

SiteSample typeDateNO3-N (g/m3)
N32 / 0139Rotherham Stream11/01/20170.52
N32 / 0139Rotherham Stream12/04/20170.82
N32 / 0139Rotherham Stream19/07/20170.45
N32 / 0139Rotherham Stream11/10/20171.56
N32 / 0139Rotherham Stream17/01/20180.53
N32 / 0139Rotherham Stream11/04/20180.53
N32 / 0139Rotherham Stream11/07/20181.46
N32 / 0277Rotherham Stream23/11/20160.47
N32 / 0277Rotherham Stream14/12/20160.9
N32 / 0277Rotherham Stream11/01/20170.89
N32 / 0277Rotherham Stream12/04/20171.25
N32 / 0277Rotherham Stream19/07/20171.07
N32 / 0277Rotherham Stream11/10/20171.58
N32 / 0277Rotherham Stream17/01/20181.09
N32 / 0277Rotherham Stream11/04/20181.04
N32 / 0277Rotherham Stream11/07/20182
N32 / 0267Rotherham Stream23/11/20161.12
N32 / 0267Rotherham Stream15/02/20171.07
N32 / 0267Rotherham Stream17/05/20171.66
N32 / 0267Rotherham Stream16/08/20171.93
N32 / 0267Rotherham Stream15/11/20172.2
N32 / 0267Rotherham Stream17/01/20182.2
N32 / 0267Rotherham Stream11/04/20181.74
N32 / 0267Rotherham Stream11/07/20181.77

Note that while we are unable to change consent conditions without an application to change conditions, or a review of consent to address an environmental effect (or update to be consistent with a plan)”, in this case condition 11(e) states:

  1. Specify annual reporting requirements including as a minimum:
  • the results of the quarterly sampling, including any increase in nitrate-nitrogen concentration from that measured above the baseline period; and
  • an assessment of the relationship between any changes in measured groundwater quality and recorded increases in irrigation area...

Condition 12 states: “Any nitrate-nitrogen concentrations as measured in accordance with condition 11, exceeds 9 grams per cubic metre, the consent holder shall…”. In other words, not an average exceedance; it is any single sample.

2. Satisfied with the Council’s response in bullet point #2 stating that the Sept 2017 report served as a baseline report and therefore there was no action to be taken. In regards to the Sept 2018 report which has shown a substantial increase in nitrates, and most values exceeding the 11.3 g/l MAV... Outside of the consent conditions, what actions will the council take to remedy the pollution or what actions will the council take to find a third party responsible to remedy this pollution? Noting that the levels detected are dangerous to human and ecosystem health. Are there any protocols in place to address nitrate pollution in groundwater in Canterbury?

There is no requirement for further compliance action. The limits in the consent require, when exceeded, further testing and communication with landowners. This has happened. Nitrate concentration in localised areas are expected to increase due to the introduction of efficient irrigation and loss of dilution from piping the scheme – see also the background, above.

The maximum nitrate discharge in the Hurunui and Waiau catchments is capped in the consent at 956 and 722 tonnes respectively. The reported total annual nitrate discharge is decreasing, as noted in table 2.2 in the 2017 and 2018 annual reports. AIC complies with this consented discharge.

Regarding the second part of the question, Canterbury has some of the strictest land-use rules in New Zealand to protect the region’s water quality.

Farmers must adhere to strict water quality limits, obtain consents to farm, and implement good management practices. Stock exclusion rules are in place.

Fences and buffer strips are encouraged at the edges of rivers and streams to prevent animal waste entering the water.

All these steps will ensure that over time less nitrate will enter Canterbury’s water. In the meantime, private well owners are advised to take precautions. There are treatment options they can implement.

3. The groundwater report supplied appears to be incomplete. Can the Council supply an updated version of this report and explain where and why any information is withheld?

The groundwater report is complete. The two headings refer to sections of the annual monitoring report and are not interpretation and discussion or conclusion relating to this groundwater monitoring plan.

4. Request for the GPS locations or coordinates of the 41 domestic bores. The Council responded that this relates to personal information and that the public interest does not outweigh the grounds for withholding it. Given that there are a health risks associated with nitrate contaminated drinking water and the second report (Sept 2018) confirms that the concentrations are higher than the safe levels and higher than the baseline report, the year before. Forest & Bird believes there is a strong public interest to know where groundwater nitrate levels are above legal standard levels (i.e. potentially harmful levels). Especially given that some women may become pregnant and not be aware that they are pregnant until the 4th or 8th week of pregnancy. We seek that the location of the 41 domestic bores are released or at least the location of the bores that have been shown to have contaminated drinking water (i.e. above 11.3 g/l) in the report 2 (Sept 2018).

AIC communicates with landowners where nitrate levels exceed the MAV as required in its consent conditions. See also the above summary and the response to the next question.

5. The link provided in the response to question 5 does not contain the 41 domestic bores or the bores in report 1 or report 2 and only contains one common bore to the data provided in the response to question 6. In other words, this map does not contain all the information requested.

The Canterbury Maps website contains a Wells and Bores layer that will provide information on all bores in Canterbury. All Hurunui bores are included in this dataset. 

All the bores contained in the AIC annual report, the groundwater report provided and the bores in response to question 6 are visible. This was verified on the external ‘public’ website through the search function.

6. The data provided excludes 24 of the 25 bores locatable on the link provided in the response to question 5. (canterburymaps.govt.nz) The 25 bores referred to are those that are in the Hurunui and classified as ‘active’. We would like to request the nitrate measurements for all 24 of the bores (see attached for a list of bore numbers and the layer associated – ‘Hurunui Bores – Active’ and ‘Wells and Bores.zip).

The data provided in response to question 6 in the LGOIMA response 27 July 2018 is all the Environment Canterbury-gathered nitrate data. We do not monitor all bores in Hurunui.

22 February 2018 - Request for information related to conditions to take and use water for irrigation on Simons Pass Station

1254C - We received an information request related to Conditions of Consent No. CRC062867 to take and use water for irrigation on Simons Pass Station, in particular Conditions 86 and 87 of the Dryland Recovery Management Plan (Area G). The requestor’s questions and our responses are outlined below.

Has the regional council received a copy of the Baseline Survey due April 2017 and the Dryland Recovery Management Plan that was to be prepared by October 2017?

Simons Pass have not completed the baseline survey nor developed the Dryland Recovery Management Plan as per the requirement of condition 86 and 87 of CRC062867.

If the Baseline Survey and Dryland Recovery Management Plan have not been completed, what action the council has taken?

The action Environment Canterbury has taken has resulted in the consent holder applying for a change of consent conditions, since the timeframes in the existing conditions can no longer be complied with.

That application is currently in process.

27 September 2017 - Request for information on water used for irrigation purposes between 2000 - 2015.

1180C - We received an information request regarding water use for irrigation purposes from 2000-2015.

Below is an explanation of the columns in the spreadsheet.
Date End date of the water year (e.g. 30/06/2015 refers to the 2015-2015 water year)
Take Type Differentiation is made between groundwater and surface water
Usage The amount of water used for irrigation purpose in m3, for consents Environment Canterbury received water use data for
Total allocation of measured water takes Allocation for consented water use for irrigation in m3, for consents Environment Canterbury received water use data for
% usage of measured allocation The amount of water used in m3 divided by the amount of water allocated for irrigation purposes that is measured (times 100)
Total allocation across all irrigations water takes Total allocation for all irrigations consents
Percentage of measured allocation vs total allocation Ration of measured allocation/total allocation (times 100)
% of water usage recorded against total allocation The amount of water used divided by the total amount of water allocated for irrigations purposes (times 100)
22 February 2017 - Request for information on irrigation schemes

1070C - We received an information request regarding irrigation schemes. The requestor’s specific questions and our responses are outlined below.

What projects have been funded using the Environmental Management Fund, and if there is any information regarding the projects?

The requestor was inquiring after the Central Plains Water (CPW) Environmental Fund. This fund is not administered by Environment Canterbury.  However, CPW have confirmed that they received one application from Te Ara Kākāriki for a Hororata planting project and funded it. 

Details about the project from the original application include the following:

Te Ara Kākāriki intend to work with at least ten landowners in 2017 and have already identified thirteen who have shown interest in receiving our assistance, of which four would be new projects in the CPW area and two are partially established restoration sites in the CPW area that we would like to assist in growing.  The rest of the sites are within the Selwyn Waihora Zone.  However, we are just about to make a call out for more interested landowners to work with, and we would be open to take on your suggestion for sites near the Hororata and Selwyn Rivers – concentrating our efforts more in one area for the coming year.

In addition to assisting landowners with restoration plans, plants, and maintenance advice, we coordinate large volunteer planting days in which volunteers locally and from Christchurch city are coordinated to help plant. We have over 500 people on our volunteer list, of which we expect 150 to 200 will participate. With their help, we intend to help landowners plant 6,000 native plants in the 2017 Spring Season. We require funding to make this happen.

The Environment Canterbury Selwyn-Waihora Zone Team has identified the Hororata area as a priority for Immediate Steps projects, and has begun discussions with CPW to collaborate on future projects. These projects would be signed off by the Selwyn-Waihora Zone Committee before they can commence.

What mechanisms Environment Canterbury uses as the zone team to encourage farmers to reduce their ground water abstraction within the Selwyn-Waihora zone.

This information sheet outlines the Selwyn-Waihora groundwater allocation and role of Central Plains Water.  This includes details about the package of actions being undertaken by Environment Canterbury to encourage farmers to reduce their ground water abstraction.

The Land and Water Regional Plan (through Plan Change 1) addresses over-allocation of water in the Selwyn-Waihora catchment in the longer term by:

  • Prohibiting new surface and groundwater water takes

The plan is written on the basis that the catchment is already over-allocated for groundwater and surface water quantity.  Rules prohibit new water takes where allocation limits are exceeded.  This prohibition is in place now.

Introducing consented Central Plains Water Limited (CPWL) ‘alpine water’ into the catchment

This encourages the replacement of groundwater takes in the upper plains (above SH1) with CPWL-supplied surface water from the alpine rivers, thereby leaving more groundwater in the aquifer.  This transition is in progress and may take some time for the benefits to be fully realised.

CPWL have completed their Stage 1 in the area between the Selwyn and Rakaia rivers above SH1. Indicative dates are for construction of Stage 2 (includes large area north of the Selwyn River above SH1) to start in early 2017 with completion by September 2018. More information can be found here.

Please note that CPWL provided an update on the Scheme to the Zone Committee on 1 November 2016, in which they advised that in Stage 1 in 2015/16, 75% or 60 million cubic meters of groundwater was not abstracted as farmers switched to CPWL.  The following is a link to the minutes from the meeting on 1 November 2016 which contain a summary of the update from CPW on pp5-6.

Read the full agenda paper for the 1 November 2016 meeting (CPW Agenda Item 2 p13)

Restrictions on transfer of water take permits

The plan prohibits CPWL Irrigation Scheme shareholders from transferring their ‘no longer required’ permits to take and use groundwater, so water is not simply abstracted elsewhere and used by somebody else. In all other cases 50% of any transferred water is required to be surrendered. This restriction is in place now.

20 April 2017 - Request for information on communications between Rangitata South Irrigation Limited (RSIL) and Environment Canterbury in relation to irrigation in South Canterbury
1099C - We received an information request for communications between Rangitata South Irrigation Limited and Environment Canterbury in relation to irrigation in South Canterbury. Below are several documents that show our communications.
  1. Email from Olivia Smith, Zone Facilitator. This correspondence provides context and background to the OTOP Zone Committee process and recommendations which lead to the Water Resource Modelling project.
  2. Email from Brett Painter, Project Leader CWMS. This correspondence includes details of a public meeting on 17 October 2016, which was attended by Ian Morton and includes a copy of Mr Painter’s presentation at the public meeting (also attached).
  3. Presentation by Brett Painter on 17 October 2016 at the Waihi Lodge, Geraldine.
  4. OTOP ZC Agenda 4 July 2016 (refer to page 22)
  5. OTOP ZC Agenda 21 November 2016 (refer to items on pages 15 & 17)
  6. Geraldine Water Solutions presentation on 21 November 2016
  7. Presentation from Brett Painter to the Zone Committee on 21 November 2016
6 April 2017 - Request for information from Rangitata South Irrigation Limited
1098C - Any information requests from Rangitata South Irrigation Limited (or its representative), Environment Canterbury’s response to these requests, and any further correspondence arising from the request.
There were approximately 50 attachments associated with this LGOIMA, due to the large number we cannot display them here but if you are interested in viewing the documents please contact us at LGOIMA@ecan.govt.nz.
3 April 2017 - Request for information on Rangitata Diversion Race resource consent
1093C - We received an information request for information about the Rangitata Diversion Race (RDR) resource consent. The requestor’s specific questions and our responses are outlined below.

We received an information request for information about the Rangitata Diversion Race (RDR) resource consent. The requestor’s specific questions and our responses are outlined below.

In relation to consents that RDR currently hold, is all of the irrigable land within the existing command area is being irrigated.

In short, no. Further details are supplied answering the requestor’s second question below.
Does Environment Canterbury have breakdowns of what can be irrigated in relation to what is in fact irrigated, and a total overall command area as per consents.

Consent CRC121664 authorises the use of water for irrigation of up to 94,486ha in the Expanded Command Area. The RDRML Compliance Report of 24 November 2016 shows that the total area irrigated by RDRML sourced water is 79,028 ha. This comprises:

  • 75,000 ha of Existing Irrigated Area, and
  • 4,028 ha of New Irrigated Area.

The definitions of areas are included below to provide clarity in terms of this consent and the associated compliance reporting:

  • Existing Command Area: are the three (3) areas indicated on Plan CRC121664A coloured brown, orange and green, and labelled Mayfield/Hinds, Valetta and Ashburton/Lyndhurst respectively. The Existing Command Area totals 94,486 ha.
  • Existing Irrigation Area: are the areas of land within the Existing Command Area that had water supply agreements in place with the consent holder (or its agents) and were being irrigated prior to December 2013.
  • Expanded Command Area: is the area bounded by the Rakaia River, the Rangitata River, the foothills of Mt Taylor and Mt Hutt and the Pacific Ocean (refer to Plan CRC121664A as above).
  • New Irrigation Areas: are any area(s) of land within the Expanded Command Area that did not have a water supply agreement in place with the consent holder (or its agents) or were not being irrigated prior to December 2013 but are, or will be, irrigated under this consent.
  • Water Supply Consents: are any, or all of the existing water permits held by the consent holder being resource consent numbers: CRC011237, CRC011245, CRC134808 and CRC133962 (or their subsequent respective replacements).

Is there is an application lodged to expand any irrigable area or the command area itself?

Environment Canterbury has not received any applications to expand the irrigable or command areas (as of 3 April 2017).

6 March 2017 - Request for information regarding issuing a water shortage direction for Selwyn river aquifers

1079C - We received an information request regarding if we are going to issue a water shortage direction under the Resource Management Act to stop irrigators taking water from Selwyn River aquifers.

Environment Canterbury has used s329 of the RMA in the past in drought conditions in South Canterbury and we are prepared to do so again when and where appropriate. We are cognisant that we have experienced our third consecutive dry winter and therefore need to explore all available tools at our disposal to protect the Selwyn River.

To this effect, we are meeting with the Selwyn-Waihora Zone Committee to affirm the need for direct interventions. Utilisation of s329, a Water Shortage Direction, is one tool we will consider whether to deploy. Other interventions, such as those discussed at the recent Zone Committee workshop e.g. consent reviews, are also being explored. In short, we are actively assessing direct intervention.

We currently also have restrictions in place that help stream flows. For any water take that is likely to have a direct, short-term impact on stream flows, the resource consent contains conditions that restrict the rate of take either partially or fully when stream flows drop below a set trigger level. Given the low flows we are currently experiencing in many streams, these trigger levels have largely been reached and restrictions took effect some time ago.

In addition to the tools noted above, we also have longer-term planning rules in place that will over time see improvements in water quality and quantity. With the Selwyn-Waihora catchment being over-allocated, the Land and Water Regional Plan (through Plan Change 1) addresses over-allocation of water in a number of ways. There is already in place a prohibition on new surface and groundwater water takes, and a restriction on the transferring of water take permits. More detailed information about these rules can be found in the attached appendix.

Environment Canterbury has deployed a number of short and longer term measures to address water quality and quantity in the Selwyn River and in recognition of the ongoing decline of the Selwyn River's flow we are now preparing to deploy further measures commensurate with our rules.

8 December 2016 - Request for information regarding declarations of interest and irrigation NZ, specifically conflict of interest declarations
1044C - Information request regarding declarations of interest & Irrigation NZ, specifically:
  • A copy of the conflict of interest declarations of the commissioners from the years 2010 until 2016
  • A copy of the conflict of interest declarations of CEO Bill Bayfield from the years 2011 until 2016
  • A list of the times, dates, locations, minutes and attendees of all meetings between Environment Canterbury staff or commissioners and Irrigation NZ representatives since 2010

The information requested is attached.

29 November 2016 - Request for information on irrigation practices in Canterbury

1042C - We received a request for information on irrigation practices in Canterbury.

We were asked if Environment Canterbury or any bodies associated with us have invested in, funded or part funded the development of the following irrigation projects, including feasibility studies and other reports: Central Plains Water, Hunter Downs or Hurunui Water Project.

We responded by informing the requester that irrigation infrastructure in Canterbury is developed, owned and operated by the private sector. However, Environment Canterbury in its role of facilitating infrastructure that addresses all CWMS targets has undertaken strategic assessments of Central Plains Water Ltd (CPWL) and other water concepts across Canterbury. We attached reports relevant to CPWL, Hunter Downs Irrigation Ltd (HDIL) and Hurunui Water Project Ltd (HWPL).

We were asked if we have commissioned or undertaken any research into land uses and/or farming practices that would minimise the demand for irrigation in Canterbury in the last 15 years. We have not. This is because a number of private sectors, educational, research and industry organisations with appropriate skills and expertise have been undertaking this work with their own funding sources.

We were asked if the farmers in Stage 1 of Central Plains Water surrendered their groundwater consents, and if so, whether or not they are being monitored. There is no immediate regulatory requirement for farmers in CPWL Stage 1 to give up their groundwater consents.

However, there are incentives to reduce or remove pumping capacity, as the costs of electricity to pump deep groundwater and the ‘capacity charge’ to maintain a connection for a pump, whether or not it is used, are significant.

Environment Canterbury is monitoring the situation through the annual compliance report from CPWL, water consumption information from water meters, and by liaising with Orion Group to gain an appreciation of the scale of reduction in irrigation pumping activity and connected capacity.

Attached is an email from Orion that confirms irrigation pump disconnections. Please note that actual water use fluctuates from season to season depending on climatic conditions, so we will get a clearer picture of the scale of the reduction in groundwater use over the next few seasons.

We were asked for copies of any peer reviewed scientific evidence held by Environment Canterbury which suggests that CPWL, Hunter Downs and/or Hurunui Water Project will recharge groundwater and/or have any other positive environmental impacts. Technical reports are available which cover the environmental effects of CPWL, HDL and HWPL. If you are interested in viewing this information please contact LGOIMA@ecan.govt.nz

While these are the main reports on the topics identified there may be additional information of interest in other reports. Therefore please be aware that all reports used as part of the consent process for CPWL, HDIL and HWPL can be found on the Environment Canterbury website at the following links:

Current land use and expected land use changes in the command areas for HDIL and HWPL can be found in the consent applications by these companies, as above. An update from HWPL, given at the August Hurunui Waiau Zone Committee Meeting, is attached.

4 October 2016 - Request for information regarding irrigation on the Canterbury Plains
1026C - Information request regarding irrigation on the Canterbury plains. Specific answers are located under the numbered questions below.

1. If there are now almost 6000 permitted water takers, what is the combined volume of water taken annually in the Canterbury Plains region?

The total volume of water taken annually from the Canterbury Plains varies year on year. We now have water meters in place for all takes greater than 10 litres per second which accounts for an estimated 90% of the total volume extracted. For the year 2014/15, July-June, the total measured water volume extracted was 3,194,759,406 m3. To place this volume in context, this is 4% of Canterbury’s average rainfall.

2. Is there a ceiling for water usage and has the science been done to quantify this?

Yes, allocation limits have been set all across Canterbury. There has been a huge amount of science done on what allocation limits are applicable for groundwater and surface water, based around the effect of taking the water on the surrounding environment. For groundwater, the annual allocation limit is based on what is sustainable for lowland streams in the long-term. For surface water, the instantaneous limit is to ensure what remains in the stream is enough to sustain life in the stream, and the total limit is to ensure rivers maintain natural highs and lows (i.e. a naturally variable hydrograph rather than a flat line). However, two important points need to be made:
a) Fundamentally the decision on how much water is allocated is a value based decision supported by science. Science can help inform the community to protect the values that are important, but it won’t tell you how much water should be allocated; that will depend on what the stream is valued for.
a) There is always natural variation in climate and during a dry period (ie drought) all values including irrigation reliability will suffer.

3. Why, during one of our driest summers, was irrigation allowed to continue unabated and for such an extended period into winter?

There were more irrigation restrictions this last summer than any time during the past ten years. Where irrigation continued, it was sourced from either alpine rivers via big schemes like the Rangitata Diversion Race (which maintained good flows with a lot of nor west rain) or groundwater, which is managed through annual limits. The annual limits give a total amount that can be used during a year and that can happen at any time. There was reasonable rainfall in January that meant many people stopped irrigating and therefore, their annual volume wasn’t used up until later in the season.

4. Following on from that, given this extended usage, surely permitted allocations had been exhausted months previously.

No. Preliminary analysis suggests that there were more people that used their full allocation in 2014-15 than in 2015-16 (for reason above).

5. Are there instances of irrigators having to establish new bores because their original bores have been exhausted?

Yes, although ‘exhausted’ is probably a misleading term. The deeper aquifers give better certainty of water supply.

6. Why is irrigation permitted to continue when surrounding waterways become dry and river levels drop to unsustainable levels?

See explanation on water sources above. Any water take from streams/rivers or groundwater near to streams, are subject to minimum flows where irrigation must cease. In these cases, there is no abstraction from the stream and if the river level drops further it is due to natural variation.

7. Why have consents been issued without the relevant compliance mechanisms in place and signed off?

Consents are not being issued without relevant compliance mechanisms. All consents for water takes have specific conditions on them to limit the effects and make sure water is managed sustainably. These conditions limit such things as the annual total volume to make sure water is used efficiently, the rate of take it can be pumped to make sure surrounding water users are not affected, low flow limits requiring irrigators to cease taking when rivers are too low, metering and the supply of records to make sure we know limits are being met. It is an offence under s14 of the RMA to breach any resource consent and we can and do enforce these limits when necessary. We monitor all metered takes and we serve numerous Abatement Notices, Infringement Notices and take prosecutions when we have sufficient evidence and deemed necessary. You can now see the list of the latest enforcement actions being taken on our website at http://ecan.govt.nz/our-responsibilities/consents-compliance/monitoring-compliance/Pages/enforcement-tools.aspx#enforce and also see historical compliance reports at http://ecan.govt.nz/publications/Pages/annual-incident-enforcement.aspx. For the 2014-15 year see http://ecan.govt.nz/publications/Pages/compliance-reports.aspx. Our latest report for the 2015-16 year is being prepared at the moment and will be released within the next few months.

8. If there is not sufficient replenishment of water resources this winter, will irrigation be restricted accordingly for the coming season to prevent an exacerbation of the water crisis?

Yes. Irrigation restrictions are already in place for many streams across Canterbury. Further details are available by searching under ‘irrigation restrictions’ on the Environment Canterbury website.

27 September 2016 - Request from B Raid regarding water extractors of the Ashley Rakahuri River

1024C - Information request from B Raid regarding water extractors of the Ashley Rakahuri River, including abstractions directly from the river as well as aquifers associated with the river. The requestor also asked to be supplied with the conditions by which the consent holders are abstracting water.

Attached is a map of surface water takes and groundwater takes which are stream depleting.

Also attached is a list of consents shown on the map, along with relevant consent conditions. A consent inventory is underway as part of the Waimakariri Land and Water Solutions Programme and we are able to supply that once it is completed.

Operations
3 December 2019 - Request for information on our planning staff's membership with professional bodies.

1728C - we recieved a request for information on our planning staff’s membership with professional bodies. We responded as follows:

Membership of the NZ Planning Institute (NZPI) is not a prerequisite to employment with Environment Canterbury (nor is any other professional body membership). Any staff member may choose to be a member of the NZPI, but their membership is neither recorded, nor paid, by Environment Canterbury. As we do not hold details on how many staff are members of the NZPI, this part of your request is refused pursuant to section 17 of the LGOIMA.

You have asked, in relation to professional planners on staff:

Does Canterbury Regional Council support staff retaining professional status in any particular field by meeting the costs of

a) membership of a professional body;

b) funding continuing professional development activities necessary for members of professional bodies that enable them to retain their professional status?

  • Environment Canterbury does not have a specific policy on membership of the NZPI. We have a Learning and Development Policy, containing guidelines and procedures. Relevant to this inquiry is the following passage from the guidelines and procedures mentioned above:
  • Staff are encouraged to hold professional memberships where appropriate. However, the organisation does not pay for individual professional memberships.
  • The exception is where staff are required to maintain a professional membership to fulfil the duties of their role.
As noted above, Environment Canterbury does not require its planners to hold membership with any professional body.
10 September 2019 - Request for information relating to NZ Parliament and European Parliament meetings held in 2000 where Dr Neil Cherry presented on "Evidence that Electromagnetic Radiation is Genotoxic".

1669C - We recieved a request for information relating to meeting minutes and attendees of NZ Parliament and European Parliament meetings held in 2000 where Dr Neil Cherry presented on “Evidence that Electromagnetic Radiation is Genotoxic.”

Confirmation that Environment Canterbury does not have any information relating to meeting minutes or who was in attendance at those presentations; either to the New Zealand Parliament in May 2000 or the European Parliaments of Austria, Italy, Ireland or Brussels in June 2000. 

8 August 2019 - Request for information relating to Environment Canterbury hiring/utilising a helicopter or helicopters.

1645C - We received an information request regarding information relating to Environment Canterbury hiring/utilising a helicopter or helicopters over the past two years.

Request for answers to the following questions:

1.1 Over the past two years, has Environment Canterbury hired/utilised a helicopter or helicopters for the purpose of ascertaining, maintaining or improving the water quality/condition at Canterbury freshwater sites and beaches/oceans?

  • 1.1.1. If so, for what purpose?
  • 1.1.2. If so, on what dates?
  • 1.1.3. If so, what is the total cost (itemised)?
Environment Canterbury conduct three main types of sampling via Helicopter: high country lakes; coastal sampling; and Te Waihora/Lake Ellesmere openings.

High country lakes

Canterbury’s numerous high-country lakes are sampled monthly through the summer (total of five times). We sample between 30-33 lakes from Lake Aviemore in the south up to Lake Sumner in the north of Canterbury. This is to calculate Trophic Lake Index (TLI) and inform on state and trend.

Coastal sampling

The coastal sampling is long term and is done four times per year from off the Waitaki River to off the Waiau River, including several sites around Banks Peninsula. This is to inform on state and trend of Canterbury’s near coastal waters.

Te Waihora/Lake Ellesmere openings

The lake openings are part of consent conditions and we try to do that once a year. We take six samples, three at fixed coastal sites, and three more at varying distances in the direction of the plume of lake water.

The table below itemises the total costs over the past two years:

Run Date Cost
Te Waihora opening 10/07/2017 $4,485.00
Te Waihora opening 2/05/2018 $2,616.25
  Total $7,101.25
Coastal sampling 14/09/2017 $6,440.00
Coastal sampling 20/09/2017 $5,836.25
Coastal sampling (half run) 4/12/2017 $3,823.75
Coastal sampling 5/12/2017 $5,704.00
Coastal sampling (half run) 7/12/2017 $3,018.75
Coastal sampling 14/03/2018 $5,880.00
Coastal sampling 28/03/2018 $6,440.00
Coastal sampling 15/06/2018 $4,600.00
Coastal sampling 21/06/2018 $8,050.00
Coastal sampling 5/09/2018 $7,446.25
Coastal sampling 11/09/2018 $5,520.00
Coastal sampling x2 7/12/2018 $12,753.50
Coastal sampling x2 6/03/2019 $13,150.25
Coastal sampling 19/06/2019 $7,659.00
Coastal sampling 21/06/2019 $5,520.00
  Total $101,841.75
High Country Lakes 14/12/2017 $10,465.00
High Country Lakes 29/01/2018 $11,471.25
High Country Lakes 23/02/2018 $11,471.25
High Country Lakes 8/03/2018 $12,075.00
High Country Lakes 13/04/2018 $11,068.75
High Country Lakes 21/12/2018 $11,914.00
High Country Lakes 24/01/2019 $12,339.50
High Country Lakes 13/02/2019 $13,190.50
High Country Lakes 19/03/2019 $12,126.75
High Country Lakes 17/04/2019 $12,126.75
  Total $118,248.75

Environment Canterbury uses several Helicopter companies within the Canterbury region which were selected using the MBIE Procurement guidelines. A Request for Proposal (RFP) for Helicopter services was put out early in 2018. The RFP covered all of Canterbury, covering seven service types. This resulted in a panel arrangement with a number of Helicopter providers, which was awarded mid-2018, and has a duration of three years until mid-2021.

25 January 2019 - Request for all reports and correspondence between ECan and ORC in the past three years relating to council operations along, and the management of, ECan's southern boundary with the Otago Regional Council, including the Lower Waitaki River boundary with regard to operation of the flood protection scheme.
1487C - We received an information request for all reports and correspondence between ECan and ORC in the past three years relating to council operations along, and the management of, ECan's southern boundary with the Otago Regional Council, including the Lower Waitaki River boundary with regard to operation of the flood protection scheme.
Please also supply a summary of how the legislative responsibilities along the boundary work with regard to the operation of the flood protection scheme.
The date of reply was extended for this requested information under section 14 of the Local Government Official Information and Meetings Act (LGOIMA) 1987 to 25 January 2019 instead of the originally stated 17 December 2018.
Following a discussion, the request was refined to the following: “all reports and correspondence between ECan and ORC in the past three years relating to council operations along, and the management of, ECan’s southern boundary with the Otago Regional Council, including the Lower Waitaki River boundary with regard to operation of the flood protection scheme. Supply a summary of how the legislative responsibilities along the boundary work with regard to the operation of the flood protection scheme.
The documents requested were emailed to the requestor. They are no longer electronically accessible. 
The Asset Management Plan for the Lower Waitaki Scheme has been included for reference which includes details of scheme objectives, funding and expenditure. The day-to-day management of the flood protection scheme is delegated to Environment Canterbury for the entire area within the scheme (both ORC and CRC area). The work programme is discussed between the Councils annually at a liaison committee meeting with community representatives, Fish and Game, Meridian, DOC, Bridge Managers and Councillors present. CRC and ORC collect rates independently, noting that 40% of the scheme costs are paid by Meridian Energy.
ORC transfer the collected rates from their region to CRC. Setting the budget and expenditure within the scheme is the responsibility of the CRC and is informed by the liaison committee. Physical assets located within each region are protected separately under independent Bylaws. CRC is in the process of obtaining resource consent off ORC for the work that is carried out in the ORC area not directly authorised by ORC Permitted Activity rules.
Separate to the management of the flood protection scheme, anyone wishing to carry out activities in the Waitaki River must apply to either the CRC or ORC for permission (if resource consent or Bylaw Authorisation is required). Permissions are issued independently by each Council and compliance monitoring of those activities is also carried out independently.
28 February 2018 - Request for information on long-term infrastructure planning (e.g. 50 to 100 years) for Christchurch City and the surrounding towns
1258C - We received an information request regarding long-term infrastructure planning for Christchurch City and the surrounding towns. Please find below the relevant information.

We received an information request regarding long-term infrastructure planning for Christchurch City and the surrounding towns. Please find below the relevant information.

Local Government Act 2002 requirements

Section 101B of the Local Government Act 2002 stipulates that ‘a local authority must, as part of its long-term plan, prepare and adopt an infrastructure strategy for a period of at least 30 consecutive financial years’.

Long-term plans for 2015–25 are available on council websites. Councils are currently developing and consulting on draft long-term plans for 2018–28.

All-of-region planning and collaboration

The Canterbury Local Authorities Triennial Agreement 2017–19 is a requirement of Section 15 of the Local Government Act 2002. The Agreement details arrangements for communication, co-ordination and collaboration between local authorities within the region, and mandates the work of the Canterbury Mayoral Forum and Chief Executives Forum.

The Canterbury Policy Forum, Corporate Forum and Operations Forum and a number of regional working groups report through to Chief Executives and Mayors. Of particular relevance to your request, a Climate Change Working Group reports to the Policy Forum; a Natural Hazards Working Group, a Drinking Water Reference Group, a regional Stormwater Forum and the Canterbury Engineering Managers Group report to the Operations Forum.

Spatial planning and growth management

Environment Canterbury, as a member of the Greater Christchurch Partnership, works with other councils, government agencies and local iwi on planning for growth and development in the Greater Christchurch area, which includes Christchurch City and the surrounding towns in Selwyn and Waimakariri Districts.

In 2007 the Partnership adopted the Greater Christchurch Urban Development Strategy (UDS). The UDS sets out a vision for Greater Christchurch to 2041, and details the key actions required to deliver this vision – including co-ordinated planning of urban areas through the provision of housing, transport, social, health and recreational facilities. The original Strategy and Action Plan was updated in 2016.

The Land Use Recovery Plan 2013 (LURP) is a statutory document prepared under the Canterbury Earthquake Recovery Act 2011. Its purpose is to provide for residential and business land uses, and support recovery and rebuilding in Greater Christchurch through to 2028. The LURP provided a policy and planning framework for the sub-region after the earthquakes, including identifying the infrastructure needed to support residential, business and community activities.

The LURP directed changes to resource management documents, including the insertion of Chapter six to the Canterbury Regional Policy Statement.  Chapter six provides a resource management framework for Greater Christchurch to guide future growth through to 2028. Map A (page 6-27) identifies the location and extent of urban growth within Greater Christchurch, based on planned infrastructure within Christchurch City, Selwyn, and Waimakariri Districts.  The City and District councils are required to give effect to Chapter six and plan for urban growth (including the infrastructure required to support this growth) through their own district plans. For information on the detailed district and city-wide long-term infrastructure planning undertaken for Christchurch City, Selwyn District, and Waimakariri District please contact these authorities directly.

The Greater Christchurch Partnership recently commenced a review of the long-term settlement planning approach reflected in the UDS. This review will include an assessment of the infrastructure needed to support the levels of growth expected over a 30-year period to 2048. A draft settlement pattern document is expected to be published by the Partnership for community feedback in 2018.

Transport infrastructure

The Canterbury Regional Land Transport Plan 2015–2025 sets the direction for the Canterbury transport system for the next 30 years. The Canterbury Regional Public Transport Plan 2014 sets out objectives and policies for delivering public transport in Canterbury. Both plans are currently being reviewed.

AECOM Consulting has been appointed by the Greater Christchurch Public Transport Joint Committee to undertake a programme business case process on future public transport in Greater Christchurch for the next 30 years. This process will be incorporated in the revision of the Regional Public Transport Plan, due in 2018. Further information about this process, and other public transport projects, is available on the Environment Canterbury website.

23 February 2017 - Request for information on whether ECan were undergoing negotiations with Alliance/SOL Quarries regarding their lease of an access track to Guys Road
1080C - We received a request for information on whether ECan were undergoing negotiations with Alliance/SOL Quarries regarding their lease of an access track to Guys Road. 
Environment Canterbury can confirm that the block of land in question is a farm lease occupied by Alliance Group Ltd on a 5 year lease expiring on 31/12/19 but in the current lease there is no right of renewal. Alliance, with Environment Canterbury's consent, have entered into an access agreement with SOL to allow vehicle access across the farm lease to their freehold quarry on adjacent land. This access agreement expires when the lease expires and would be up for reconsideration/re-negotiation when the future of any farm lease is considered.
A granting of any new lease is at the discretion of Environment Canterbury as lessor. Usually six months prior to expiry we will consider any granting of a new lease and have discussions with the lessee, Alliance Group.
To date, Environment Canterbury staff have had no discussions or correspondence with either Alliance or the SOL Company about any new lease, extension of the current lease or renewal of any access agreement.
28 September 2016 - Request from media for information on any external help for media management, crisis and issues management and help with managing government relations
1022C - Media request for information regarding information on any external help for media management, crisis and issues management and help with managing government relations that Environment Canterbury (including commissioners) has undertaken since 30 March 2010. The advice (if any) the company/person and the cost is also outlined below.
Environment Canterbury has not sought external assistance for media management, crisis and issues management since 2010. However, in the last three years, we have contracted external suppliers to provide training for our staff spokespeople so they understand how media organisation work, the importance of deadlines, and the importance of talking about technical science and planning matters using everyday language.
Since 2014 we have contracted an external consultant to provide this training.
Year Provider Cost Number of staff trained
2014 Brett Solvander $370 (for reimbursement of expenses)

24

2015 Jo Malcolm $4,080 48
2016  Jo Malcolm  $5,775  50 
In terms of managing government relations, Commissioners are appointed by Government and as such regularly communicate with Ministers. They do this without external help.
Plan Change
13 March 2017- Request for original submissions from Ngāi Tahu for various plan changes
1077C - We received an information request for original submissions from Ngāi Tahu for various plan changes.

We supplied the below copies of submissions from Ngāi Tahu in relation to the following:

Ngāi Tahu presented evidence and legal submissions at the hearings for both Plan Change 3 and 5. In respect of PC3, the Council’s decision records the outcome from that submission, the legal submissions and evidence.

There is not yet a Council decision in respect of the submissions on PC5 because the hearing commissioners are still deliberating.

Quarries
27 July 2019- Request for details of complaints made regarding Winstone Aggregates
1374C - We received an information request for details of complaints made regarding Winstone Aggregates

As we advised in our letter of 13/07/18 Environment Canterbury is in the process of assembling information on all complaints that we have received relating to quarries in Canterbury and we will be posting that information on our website by mid-August. That information will cover all quarries and will be for the period from at least 2014 to the present (with some data going as far back as 2008).

We believe that this information will address many of the queries you have raised. However, we note that you have asked for extensive details about each complaint. We do not ordinarily collect and keep all of that information with our complaint records.

Accordingly, providing all of the information you have requested would require substantial collation and research, totalling weeks of staff time.

We have considered whether fixing a charge or extending the time limit for responding would enable the request to be granted. We have also considered whether consulting with you would help you to make the request in a form that would remove the reason for the refusal. We do not believe that taking those steps would achieve this and have therefore decided to withhold the information you have requested under section 17(f) of the Local Government Official Information and Meetings Act 1987.

However, as noted above, we are confident that providing the complaint data on our website will be useful. We will write to you again as soon as that information is available and would be happy to discuss whether you require further information after you have had the opportunity to review that data.

17 July 2019- Request for a breakdown of the submissions received for the Fulton Hogan Quarry application, by postal code and split into “support” or “oppose”.
1640C - We received an information request for a breakdown of the submissions received for the Fulton Hogan Quarry application, by postal code and split into “support” or “oppose”.
Please find below a spreadsheet setting out the information as requested. 
12 July 2019 - Request for information on the appointment of hearings commissioner John Iseli for consents RMA/2017/2011 and CRC181274
1629C - Requesting for information on the appointment of hearings commissioner John Iseli for consents RMA/2017/2011 and CRC181274.
Request for copies of the above information related to two separate areas:
  1. That related to the deliberations by CRC staff and Commissioner Sarah Dawson on potential conflicts-of-interest for John Iseli as stated in paragraph 11 of the Decision of Hearings Commissioners (dated 16 May 2018) for resource consent RMA/2017/2111 and CRC181274; and
  2. That related to any assessment of real or perceived conflicts-of-interest between John Iseli's role as a hearing commissioner and the activities of the company Specialist Environmental Services Limited, which John Iseli is both a director and shareholder of, acting in a commercial capacity in the immediate area that resource consent RMA/2017/2111 and CRC181274 pertained to or Specialist Environmental Services Limited acting for any associated business or affiliated party to the applicant of resource consent RMA/2017/2111 and CRC181274, Road Metals Limited or owner Murray Francis, over the five years prior to the date of the lodging of resource consent RMA/2017/2111 and CRC181274 . This includes any minuted Declarations-of-Interest made by John Iseli to CRC to ensure that CRC's own standards related to real or perceived conflicts-of-interest with hearings commissioners are met, i.e. "It is a conflict of interest of the hearings commissioner if they have worked with or for, or previously known an applicant/consultant/submitter."

View LGOIMA 1629C - Hearings Commissioner Contract (PDF File, 22.64MB)

  • The hearings decision on RMA/2017/2111 and CRC181274 which at paragraph 11 discussed the matter of whether there was any conflict of interest;
  • Email correspondence both internal and external on the question and process around potential conflicts of interest, including providing Environment Canterbury’s Hearing Policy;
  • Signed contracts between Environment Canterbury and John Iseli as hearings commissioner, setting out how conflicts of interests are to be managed and including at schedule 6 a declaration of no conflict being present in this instance.
We do not have any emails to John Iseli or Sarah Dawson on the topic of a possible conflict. Environment Canterbury’s hearings manager would have verbally advised them that the question had come in, and it was subsequently addressed by the commissioners and noted in the decision.
As the information will further confirm, the fact that a commissioner has heard and granted/declined and/or conditions are changed, on an application for consent does not preclude hearing commissioners from being appointed to hear similar types of applications in the future. It is also not deemed to be a conflict of interest of the hearing commissioner if an applicant is an owner of one or more businesses requiring consent. It is a conflict of interest of the hearing commissioner if they have worked with or for, or personally know an applicant/consultant/submitter.
More information on this topic in the Hearing Policy.
15 July 2019 - Request for information on quarry activity in the Yaldhurst area

1631C - Request for information on quarry activity in the Yaldhurst area - Any complaints in the last three years, dates complaints filed, methodology used to monitor quarry activity and any resulting breaches, any evidence Ecan holds as to exceedances in air quality as a result of smoke from a nearby fire, all internal and external communication relating to Yaldhurst in the last three years, from 2014.

1. Any complaint made about quarrying related activity in the last three years in and around the Yaldhurst area. This includes but is not limited to air quality, water quality, and potential consent breaches.

1a. The date the complaint was filed, what response was made to the complaint and any outcomes or consequences as a result of the complaint. This includes what efforts were made to investigate complaints such as the date and time of any onsite visit.

  • Please find attached a spreadsheet with the information requested.
  • Please note that information has been redacted in order to protect the privacy of pursuant to section 7(2)(a) of the LGOIMA.

2. The methodology ECan uses to monitor quarry activity and any resulting breaches in accord with this monitoring. This includes how and what ECan does to ensure that quarrying activity is done in accordance with resource consents.

Quarrying is a consented activity and as with any consented activity, Environment Canterbury assigns a Resource Management Officer (RMO) responsible for completing a quarterly, half yearly, yearly or bi-yearly inspection of the site to complete a compliance report. If for any reason a part of the consent is non-compliant the RMO will work with the individual/business to address the issue. If, after investigating, there is an unsatisfactory explanation or reason for the non-compliance the RMO may take enforcement action.

Environment Canterbury’s Incident Response Team assesses complaints received. As a first step, it assesses the likely duration of the effects and seriousness of the event being complained about, and whether an immediate response is appropriate – if the complaint was about dust blown from a single vehicle, we would be unlikely to attend as the event would be unlikely to be ongoing when they arrived. Complaints about operations at a quarry site or a recurring issue are more likely to be attended.

When staff do attend, if they observe dust or other contaminants of concern, they will speak with the person responsible to highlight the issue and assess what steps have been taken to mitigate those effects and may suggest additional options. They also always consider whether it would be appropriate to take more formal enforcement action.

2a. Any evidence ECan holds as to exceedances in air quality determined to be the result of smoke from a nearby fire and was done to reach this conclusion.
Environment Canterbury, the Christchurch City Council and the Canterbury District Health Board engaged Mote Limited to run an ambient air monitoring programme from November 2017 to June 2018.

This shows that in May there was an exceedance caused by a neighbouring fire, as evidenced in the independent final month of reporting. The relevant excerpt from Mote’s report is at the bottom of this letter.

The report showed the time, and date of the exceedance along with the concentration level as recorded from data pulled from Mote’s monitors, and what Mote determined was the cause for the high readings.

It is noted in their summary that these events were confirmed via landowners or Mote staff observations. Find out more about the Mote ambient air monitoring programme. Download the Mote Report.

As the programme was run independently, these exceedances were recorded and analysed by Mote. Environment Canterbury received no complaints regarding dust, or open fires on these dates and therefore holds no records or information relating to these exceedances.

3. All internal and external communication relating to the Yaldhurst quarries in the last three years, from 2014. This includes any form of communication where operations of existing quarries and/or future quarrying activity is mentioned/discussed

Due to the substantial amount of work that would be required to research and collate this information, we are refusing this part of your request under section 17(f) of the LGOIMA.
The scope of this request is so wide that it would require the review of well in excess of 10,000 emails.

This is the case even if we were able to formulate accurate search parameters around those emails which would capture all emails only on the topic of Yaldhurst quarries, which we are unable to do without including a lot of emails outside the scope of the request regarding other quarries.

We are unable to search in a way that captures only correspondence related to the Yaldhurst quarries, and because of the substantial volume of correspondence that exists, the time required to find and bring all this information together would have a detrimental impact on Environment Canterbury’s other operations and is not achievable.

We also considered whether charging or extending the timeframe for responding to the request would help, as required by section 17A of the LGOIMA, but determined it would not, for similar reasons.

26 June 2019 - Request for information on dust mitigation at quarries in the Yaldhurst area.
1622C - Requesting information on dust mitigation at quarries in the Yaldhurst area.
Reference to Environment Canterbury’s network of dust monitoring equipment installed on quarry boundaries. To clarify, Environment Canterbury does not have monitors installed on quarry boundaries, monitors are commissioned and operated by the quarry operators at Environment Canterbury’s request.
Also pointed out was that a review of results is due in June 2019. That review update is due shortly, to ensure the monitors are configured and recording correctly.
1. Have the quarry operators installed dust suppression equipment, if so, what kind?
There are nine quarry operators in and around the Yaldhurst area, all of whom use a variety of techniques to suppress dust. These include the use of water carts, sealing haul roads, restricting vehicle movement and speed, using pea gravel and polymer. Each quarry operator uses some or all these options to suppress dust, depending on the quarrying operation.
2. Have the quarry operators found an affordable source of such equipment?
The cost of any dust mitigation is met by the quarry operator and this is not information Environment Canterbury holds. We can comment that obviously costs vary with each measure in place and further that we are satisfied with the response from the quarry industry in that they are continually looking at options to improve their sites.
3. Are the quarry operators employing fine mist spray of water over the crushing operation, if so, are they finding it effective?
It is not a requirement of any of the quarrying consents to use misting as a dust mitigation measure. Where misting is used Environment Canterbury staff have not observed any fugitive dust emissions. All the quarry operators generally use some form of dampening down of material when at the operations phase of crushing, be it fine mist, watering stockpile before crushing or sprinkles on conveyer belts.
Observations from staff have also indicated that all the quarry operators’ processing sites are within the quarry floor, in the centre of the site, away from the boundaries.
4. Have the quarry operators installed covers over crushing machinery and conveyor belts if so, are they finding that to be effective?
The use of covers on the crushing machinery is not considered viable because of the potential for over-heating the machinery. Some quarry operators use shielding panels which are strategically placed to mitigate dust discharges. Using dampening down of the material and situating the plants in the pit, as dust mitigation measures has eliminated much of the dust from the crushing plants.
5. Are the quarry operators employing any other dust suppression techniques that are not already mentioned?
The quarry operators are working closely with Environment Canterbury and the community to ensure dust is not causing any effects on the surrounding environment. They are continuously exploring new dust mitigation techniques. Quarry operators have also begun to initiate liaison groups with communities, to allow the public to be better involved with the industry.
6 June 2019 - Request for information for all communication relating to the Templeton Quarry Project
1614C - Request for information for Emails dated 20 May 2019 and 5 June 2019 requesting communication relating to the Templeton Quarry Project .
Request for copies of all communication between ECAN and Fulton Hogan and to include any companies representing Fulton Hogan (including but not limited to internal and external reports, memos, recommendations, emails, minutes, letters) that pertain to the Templeton Quarry Project (6 May 2018 - 31 July 2018).
Please note that we have withheld one email from an Environment Canterbury staff member on the basis that it contains personal information about that staff member, in terms of section 7(2)(a) of LGOIMA. We do not believe that the public interest in disclosing this information outweighs the grounds for withholding it.
This information contains all of the relevant communication and documentation on the Project as per the request. However, we are aware that there may be some further ancillary correspondence which is not within our online files, as we do not for example, file every piece of internal correspondence or duplicate emails/meeting requests in our online filing system. In order to provide every piece of communication requires an exercise we would be unable to undertake in this case, as it requires a substantial amount of work to collate, which is particularly problematic given the timeframe for the response requested.
We are refusing this part of the request under section 17(f) of the LGOIMA as the time required to find and bring all this information together would have a detrimental impact on Environment Canterbury’s other operations, and work within Environment Canterbury on the Project itself.
We also considered whether charging or extending the timeframe for responding to the request would help, as required by section 17A of the LGOIMA. However, given the sheer number of emails and the complexity in establishing which emails relate to the Project, charging or extending would not help.
It is for this reason that we rely on our online filing system to hold all the relevant information and communication on the Project. We note this simply for transparency and completeness, but we do not expect there is any information missing in terms of the information requested in order to prepare the submission on the Project.
26 February 2019 - Request for information regarding air quality in the Yaldhurst area
1526C - Request for information regarding air quality in the Yaldhurst area. Copies of all recorded data collected by MOTE 1 Jan 2016 - 31 Dec 2018. All official communication & recommendations between Mote/Environment Canterbury.
Environment Canterbury extended the date of reply for this requested information to 26 February 2019 under section14(1)(a) of LGOIMA 1987.
Request for: “all copies of all recorded data which was collected by MOTE under contract to Environment Canterbury from 1 January 2016 to 31 December 2018”.
The most recent summary reports on the PM10, PM2.5 and respirable crystalline silica data collected under that study are available on our website at ecan.govt.nz/quarries
Also requested: “all official communication between MOTE and Environment Canterbury to include, but not exclusive to, emails, texts, minutes from meeting and telephone conversation, letters and formal documentation, including any and all recommendations made by MOTE or any of MOTE’s representatives, in their capacity as contracted air quality specialists”.
Almost all correspondence between Environment Canterbury and MOTE was by email, and all those emails for the period requested were sent to the requestor. No minutes of any meetings or phone conversations held with MOTE were recorded, as these discussions focused on revising the work proposal – which resulted in revised drafts of MOTE’s proposal being sent. 
Please note that information has been redacted from some emails and from MOTE’s proposal, to remove MOTE’s pricing information. MOTE has asked us not to disclose this information as it is commercially sensitive (potentially disclosing MOTE’s pricing to its competitors). We therefore consider that withholding the information is necessary to protect that information where making it available would unreasonably prejudice MOTE’s commercial position, in terms of section 7(2)(b)(ii) of LGOIMA. We do not believe that the public interest in disclosing this information outweighs the grounds for withholding it.
30 October 2018 - Request for information regarding Yaldhurst quarry monitoring - various requests for breakdowns of twelve instances of local burning exceedances.
1456C - Request for information regarding Yaldhurst quarry monitoring - various requests for breakdowns of 12 instances of local burning exceedances.
Reference to the Environment Canterbury website, specifically this page and update 30 which references 12 exceedances from the Yaldhurst monitoring period. Asked for detailed information relating to each of these exceedances.
The monitoring programme, which was commissioned by Christchurch City Council, Environment Canterbury, Canterbury District Health Board and Worksafe NZ, was independently run by Mote and Emission Impossible. It was agreed to share all results online on a monthly basis. These results were updated online after the programme completion as we wanted to collect the additional data for the respirable crystalline silica monitor that was tampered with, to ensure the full three months data for all sites. We felt it important to have further data to compare this against, so continued with monitoring at all sites for this additional month. The data covers all sites that were included in the full programme, previously noted in the results in ‘Update 29. 22-06-2018’ under Working together to solve quarry dust issues.
The below summary was extracted from the independent final month of reporting from Mote and Emission Impossible. It shows the time, and date of the exceedance along with the concentration level as recorded from data pulled from Mote’s monitors, and what Mote determined was the cause for the high readings. It is noted in their summary that these findings were also based on land owner/s or Mote staff observations.
As the programme was run independently, these exceedances were recorded and analysed by Mote. Environment Canterbury received no complaints regarding dust, or open fires on these dates and therefore holds no records or information relating to these exceedances.
LocationDateTimeHourly PM concentration10 (µg/m3)Comment
Site 225-Apr1 - 2pm1,341Tree trimming from a nearby shelterbelt were burnt approx. 50 metres from the monitoring site
Site 225-Apr2 - 3pm1,245Tree trimming from a nearby shelterbelt were burnt approx. 50 metres from the monitoring site
Site 225-Apr4 - 5pm180Tree trimming from a nearby shelterbelt were burnt approx. 50 metres from the monitoring site
Site 225-Apr5 - 6pm180Tree trimming from a nearby shelterbelt were burnt approx. 50 metres from the monitoring site
Site 69-May10 - 11am413Shelterbelt trimming tractor immediately adjacent to monitor
Site 611-May4 - 5pm697Shelterbelt trimmings being burnt
Site 611-May5 - 6pm1,213Shelterbelt trimmings being burnt
Site 611-May6 - 7pm1,109Shelterbelt trimmings being burnt
Site 611-May12 - 1pm532Shelterbelt trimmings being burnt
Site 611-May1 - 2pm1,695Shelterbelt trimmings being burnt
Site 611-May2 - 3pm902Shelterbelt trimmings being burnt
Site 611-May8 - 9am151Resident advised smoke in the area - source unknown
A map on page two of the summary report of the site locations. The report is under ‘Update 29’ under Working together to solve quarry dust issues and is called YAQMP Summary Report (PDF File, 1.46MB).
12 October 2018 - Request for information regarding Quarry practices and responsibilities: Monitoring, investigation, administer and full range of sanctions over and above cease and desist, minimum/maximum fines available.
1445C - Request for information regarding Quarry practices and responsibilities: Monitoring, investigation, administer and full range of sanctions over and above cease and desist, minimum/maximum fines available.
1. Which body or department is responsible for the monitoring of quarries within the Christchurch/Selwyn districts, with particular reference to adherence to consent conditions?
Environment Canterbury is responsible for monitoring the resource consents that it has granted to quarry companies. It is also responsible for monitoring any effects on the environment caused by the quarries, so far as they relate to discharges of contaminants to land, air and water; and to water quality. Within Environment Canterbury, the Christchurch West Melton and the Selwyn Waihora zone teams are responsible for monitoring quarries’ consents within the Christchurch and Selwyn districts respectively.

Other agencies, including Christchurch City Council, the Christchurch District Health Board and WorkSafe also have responsibilities in relation to monitoring the quarries within their own areas of expertise.

2. Which body or department is responsible for the investigating of reported incidents or consent breaches in relation to quarry operations within the quarries within the Christchurch/Selwyn districts?

Environment Canterbury’s Christchurch West Melton and the Selwyn Waihora zone teams are responsible for investigating reported incidents or consent breaches within the Christchurch and Selwyn districts.

3. Which body or department is responsible for the administering of sanctions to quarry companies who are in breach of any legislation or regulation (environmental laws, local bylaws etc), or are in breach of consent conditions? Can you please list the full range of sanctions that can be applied over and above ‘cease and desist’.

Environment Canterbury has some responsibility for administering sanctions for breaches of the Resource Management Act (RMA) or resource consents by quarry companies. These sanctions include:

  • Formal warnings;
  • Abatement notices, which can require a person to take specific action or to stop taking action in order to prevent breaches of resource consents or the RMA – it would seem likely that these notices are what you have referred to as “cease and desist” orders; and
  • Infringement notices, which impose a financial penalty for breaches of resource consents or the RMA.

There are other sanctions provided for in the RMA, as listed below. Environment Canterbury can, where appropriate, apply to the Environment Court for any order to use any of these, but cannot use these sanctions without the Court’s authorisation.

The full range of such sanctions is as follows:

  • Enforcement Order
  • Interim Enforcement Order
  • Search warrants
  • Prosecutions

For further information on response and enforcement procedures please see investigations and enforcement.

4. Where fines can be administered, can the minimum and maximum fines available please be shown?

Breaching a resource consent or the requirements of the RMA can amount to serious criminal offending and matters are heard in the Environment Court. The maximum penalties include imprisonment for up to two years and fines of up to $300,000 for an individual or $600,000 for a company.

This information is also available through the link provided above.

Rating districts
31 July 2019 - Request for information on the consultation process for the rating allocation for the Rakaia Double Hill River Rating District
1639C - Email dated 3 July 2019 requesting information on the consultation process for the rating allocation for the Rakaia Double Hill River Rating District.
Email dated 3 July 2019 requesting information on the consultation process for the rating allocation for the Rakaia Double Hill River Rating District.
Community consultation on the formalisation and appropriate form of the Rakaia Double Hill Rating District has been ongoing for a number of years. This has included full Rating District meetings where all land owners are invited as well as individual meetings where requested. Rating District Meeting Notes from 30 March 2017, 13 April 2018 and 22 March 2019 are included in the information supplied.
Environment Canterbury’s document on best practice for community consultation titled “briefing notes – how to set up a rating district” dated October 2018 is also included.
Regarding the steps taken by Environment Canterbury to verify the factual accuracy of third-party statements included in or supporting the draft recommendations on rating allocation; Dougal Smith spoke to various members of the community as part of his independent report. Further, we have planned the additional processes and verification steps outlined below in order to ensure there are no questions on the robustness of the final recommendations.
The community consultation process to be adopted by Environment Canterbury for the rest of the rating allocation process will be:
  1. A pre and post Scheme works flood and erosion hazard assessment will be undertaken for the Twin Waters Bach property by an Environment Canterbury Hazards Analyst.
  2. Dougal Smith and Ian Heslop of Environment Canterbury will meet with and interview Alistair Ensor regarding behaviour of historical floods in the Twin Waters area.
  3. Dougal and Ian will review the current proposed rating classification giving regard to the hazard assessment, the Ensor interview, and professional engineering knowledge and experience.
  4.  A draft review report will be prepared by Dougal and Ian and circulated to rating district members for information & comment. This report will include a statement of the ongoing benefit offered to Twin Waters relative to the other ratepayers, the hazard assessment report and Ensor interview notes, and a statement of the weighting placed on the Ensor interview and other factors.
  5. Feedback on the draft report will be summarised, included in, and considered before updating the report.
  6. The updated report will be circulated to ratepayers prior to holding a special ratepayer meeting to discuss, and vote for or against, the report’s new rating recommendations.
  7. Glenfalloch, Manuka Point, Twin Waters, Glenaan, Glenariffe, and Double Hill will all have the opportunity to attend and vote at the meeting.
  8. The meeting will be Chaired by an Environment Canterbury Councillor or Director, and it will not proceed unless there is a quorum of at least three ratepayers. Proxy votes will be accepted, and we will send a form to allow this.
  9. If there is adequate community support for the recommendations, the new rating classification will be included in Environment Canterbury’s Draft 2020/21 Annual Plan. An 80% or better majority vote will be taken as adequate community support.
  10. If there is inadequate community support for the recommendations, there will be no basis for striking a Scheme rate for 2020/21, and the Council executive will reconsider the situation.
  11. Submissions for the Draft Annual Plan, including support for or opposition to the proposed rating classification, will be invited when it is notified (this is likely to be in early 2020).
  12. The Council will make a decision on a new rating classification which will be implemented from 2020/21 onwards.
Transport
24 January 2020 - Request for information on passenger statistics by stop & route, provision of facilities at stops for last calendar year

1747C - We received a request for information on passenger statistics by stop & route, provision of facilities at stops for last calendar year

Response to email dated 10 December 2019 requesting information on Passenger Statistics by Stop and Route, Provision of Facilities at Stops.

Please find attached an excel spreadsheet (XLSX File, 199.38KB) showing the total number of passenger boardings at each given stop for the 2019 calendar year. The data includes all recorded passenger boardings for all Christchurch bus routes and the Diamond Harbour Ferry. It does not include data for school bus routes, as boardings at each bus stop are not recorded for these services. It also does not include any special events services. It should be noted that if the ticket machines experience any issues, location data can default to the first stop on the route, meaning that data for these locations is sometimes inflated.

We do not currently hold readily available data on passenger boardings at each given stop broken down by route, or statistics on passenger boardings on each given day in the last calendar year.

As advised by letter on 19 December 2019, a request for information showing which stops have seats, shelters, bus arrival boards, and trash cans (or other amenities) has been transferred to the relevant Territorial Authorities who administer this information.

4 November 2019 - Request for information on future planning of the Orange Line bus route in Halswell

1710C - We received a request for information on future planning of the Orange Line bus route in Halswell.

Environment Canterbury consulted the local community of the Longhurst and Knights Stream subdivision about the current Orange Line bus route throughout September 2016. The current route of the Orange line was approved in November 2016 by the Greater Christchurch Public Transport Committee. The route has now been operational along Murphys Road for three years.

The south west of Christchurch has seen, and will continue to see, high residential growth. However, it is not always possible to change bus routes when one section of a new subdivision opens. We need to consider a range of factors such as what roading connections are available, the residential catchment, what other options will become available in the future, and the impact on existing users of bus services.

In this case an extension to the Orange Line such as the one you have suggested is not currently possible as the roads are not yet connected. It will be necessary to consider the whole bus network in the area, rather than piecemeal changes to one service, and Environment Canterbury will do this through a full-service review in the future.

14 October 2019 - Request for information on information on the Free Bus Weekend of 21 and 22 September 

1687C - We received a request for information on the Free Bus Weekend of 21 and 22 September.

There were 71,622 free bus trips and this cost $62,577.

The weekend promotion was funded through Environment Canterbury’s public transport marketing and promotions budget.

Funding for this budget is derived from targeted public transport rates and NZTA grants.

1 August 2019 - Request for information on public transport

1642C - Request for information on public transport - Why can't the management of the public transport system go back to Christchurch City Council?

It is not possible under the current legislative framework for Environment Canterbury to transfer public transport management to the Christchurch City Council (CCC).
Environment Canterbury currently holds the statutory responsibility for public transport in Canterbury.

The only way that the CCC could take over management of public transport in Christchurch would follow a transfer of responsibilities from Environment Canterbury to the CCC.

The Local Government Act 2002 (LGA) under section 17 permits the transfer of responsibilities between regional councils and territorial authorities, but the term “responsibilities” is defined to exclude duties and obligations conferred by another statute.

Public transport responsibilities arise under the Land Transport Management Act 2003. They therefore do not fall within the definition of “responsibilities” in the LGA, and therefore cannot be transferred between councils.

Even if it were legally possible for a transfer to happen - which, as noted above, it is not - Environment Canterbury and the CCC would need to follow a process of consulting with the public and deciding whether the benefits of any transfer outweighed any negative impacts of it. This process would obviously require significant work and consideration before any transfer could be progressed.

11 February 2019 - Request for information regarding what changes (new or changed routes, trials, etc) happened to Public Transport in Christchurch between 1989 and 1999.

1534C - Request dated 15/01/19 for information relating to public transport.

“What changes (new or changed routes, trials etc) happened to public transport in Christchurch between 1989 and 1999?”

We have conducted an extensive search through our database for relevant files and have been unable to find anything of relevance to the question.

This is most likely because our current records management platform was not in place at the time, meaning records including marketing collateral were not saved into it. While paper copies may have been retained in some form, this information was not preserved post-earthquake.

We are not able to guarantee the information requested is not held anywhere, but extensive investigations have been unable to locate it either in physical or electronic form. We are therefore declining the request under section 17(e) of LGOIMA.

17 May 2019 - Request for information relating to all correspondence about on-demand public transport service proposal for Timaru

1596C - We received an information request regarding relating to all correspondence about on-demand public transport service proposal for Timaru - all briefing papers, correspondence with TDC & NZTA, costings of project so far, results of community engagement & prototype testing.

Request for all correspondence about the on-demand public transport service proposal for Timaru, including: all briefing papers, internal correspondence, and external correspondence with Timaru District Council and NZTA, costings of the project so far, project costs for the project, and results of community engagement and prototype testing.

Please find the following documents regarding community engagement and prototype testing:

  1. Timaru On-Demand Public Transport Project: Current State Research of Timaru Public Bus Service (December 2018);
  2. Timaru On-Demand Public Transport Project: Summary of prototyping & testing phase (March 2019);
  3. Community Engagement – Summary of Activities to-date including List of media releases;
  4. The Innovate Conference – Employer Engagement; and
  5. Copy of e-mail to update members of our Passenger Transport Advisory Group (PTAG).

Please note that some information has been redacted in order to protect the privacy of individuals pursuant to section 7(2)(a), and in order to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between officers as well as confidentiality, in formulating potential brand names and taglines, pursuant to sections 7(2)(c) and 7(2)(f)(i), of the LGOIMA.

Due to the substantial amount of work that would be required to research and collate the remainder of the information requested, we are refusing the request under section 17(f) of the LGOIMA. An initial search of emails on the parameters requested, returned over 6500 emails and we believe there may be substantially more. The time required to find and bring all of this information together would have a detrimental impact on Environment Canterbury’s other operations, and in particular delivery of this Project.

We have considered whether charging or extending the timeframe for responding to the request would help, as required by section 17A of the LGOIMA. However, given the sheer number of emails in an initial scoping exercise, charging or extending would not help.

31 January 2019 - Request for information regarding public transport drivers.

1542C - Request dated 28/01/19 for information regarding public transport drivers.

Why do bus drivers speak their own language?

The answer to the question is – because they can.

In order to gain a bus licence, drivers require a reasonable standard of English, and we expect them to communicate clearly with passengers. The ability to speak another language is of particular benefit when dealing with a multi-cultural public, some of whom do not speak English well, and instructing drivers not to speak their own language would impinge on their freedom of expression, which is protected by law.

It is commonplace for employers to encourage diversity among employees. There are numerous examples of organisations encouraging their staff to speak a multitude of different languages in order to better serve their customers, ranging from hospitality and tourism, social agencies and airlines.

16 January 2019 - Request for a shape file of all bus routes for past five years, a summary of successful tenders of the past five years and quality of service statistics for each route.

1498C - We received a request for:

A shape file of all the bus routes in a specific district containing the following information:

  • Charter or agent
  • Route number of name
  • Patronage of route

We do not have the shape file that has been requested. 

Please find a spreadsheet which contains the patronage data by route for the period December 2017 to November 2018:

A shape file of the above five years ago

We do not have the shapefile or GTFS data for the network five years ago.

A summary of successful tenders over the last five years for bus services

A spreadsheet of successful tenders:

We will be re-tendering our network this year.
Quality of service statistics for each route
Please find attached a spreadsheet which details the average and scheduled travel times between timing points (1st tab) and for each trip (2nd tab) for each year back to Dec 2015. This includes weekends as well as on and off-peak Monday to Friday.
15 January 2019 - Request for Public Transport monthly patronage data.

1531C - Request for Public Transport monthly patronage data.

We do not accept that the 11 December 2018 email was a request for information - rather, it was a continuation of the LTP submission asking that this information be made available on our website. It was expressed that this was not an official information request. However, the email was treated as a request under the Local Government Official Information and Meeting Act (LGOIMA).

21 December 2018 - Request for information relating to monthly bus unit costs and fare revenue under PTOM.

1495C - We received an information request regarding the cost of Canterbury’s public transport services under the new PTOM contracts.

Requested copies of:

  • “the monthly fare revenue for each bus route or each bus PTOM unit for each month since the bus services were taken over by various bus operators under PTOM contracts”;
  • “the bus ticket sales by ticket type and ticket type revenue for each bus route or each bus PTOM unit for each month since the bus services were taken over by various bus operators under PTOM contracts”; and
  • “the monthly bus PTOM contract operating cost paid to bus operators for each PTOM bus unit for each month since bus services were taken over by various bus operators under PTOM contacts”.

As advised in an email dated 29 November, we are not currently running fully PTOM compliant contracts. Furthermore, as our fare revenue data per route has been materially influenced by significant disruptions from the Canterbury earthquakes, we have only included the data requested from July 2014 onwards.

Please find attached a spreadsheet containing the information requested.

There are some grey cells in the spreadsheet where there is no information for a specific category. For example:

  • Where there has been a route change during the period of the information provided (for example route 45);
  • Where a particular ticket type is not used on a route (for example, complimentary tickets in Timaru; and Supergold tickets on school routes);
  • Where some routes are consolidated (for example route 89 and 99 are the clockwise and anti-clockwise routes that together form the Orbiter route).

Bus route contract costs are withheld, as these are covered by commercial contracts and releasing this information would unduly prejudice Environment Canterbury’s pending procurement process and the contracted operators. We believe that withholding this information is necessary to protect the information as making it available would prejudice Environment Canterbury’s commercial position as well as the relevant bus company’s commercial position (in terms of section 7(b)(ii) of LGOIMA). We do not consider that the public interest in disclosing the information outweighs the grounds for withholding it.

17 December 2018 - Request for information relating to vaping and e-cigarettes on public transport

1500C - We received an information request regarding the use of vapers and e-cigarettes on all public transport.

Question: “Do vapers and e-cigs have different regulations than smoking” and “can they be used on public transport?”

The use of e-cigarettes or “vaping” devices is prohibited on public transport vehicles in Canterbury.

See more about rules and regulations on metroinfo.co.nz

14 December 2018 - Request for information relating to the age of buses software.

1505C - We received an information request regarding relating to the age of buses software.

How long have the bus machines and software been around?

ConnexioNZ RTI software was implemented in 2000 and supports ‘bus finder units’ installed in bus stops across the network. The plan is to go to the market to refresh this system early next year.
INIT on-bus Ticketing Machine system was implemented in 2010.

Environment Canterbury is part of a national project led by NZTA to procure and implement a new ticketing system across New Zealand. It is anticipated this system will be implemented in Canterbury sometime between 2020 and 2022.

8 November 2018 - Request for information relating to bus routes and services

1455C - We received an information request regarding routes and services around Dallington

Why is there a lack of routes and services around Dallington?

Prior to the 2010 and 2011 earthquake events, the area around the Dallington bridge and adjacent suburbs was serviced by three bus routes:

  • the 83 Hei Hei/Burwood route which travelled via Gloucester St, Gayhurst Rd, McBratneys Rd and Fleete St;
  • the 84 Russley/Avondale route that travelled via Patten St, Retreat Rd, Keller St, Morris St, Avonside Dr, Torlesse St, Holland St and Dunarnan St; and
  • the Orbiter route which travelled via Gayhurst Rd, Gloucester St and Woodham Rd.

The earthquakes caused significant damage in this area of Christchurch and many streets became unsuitable for bus services. Many properties were damaged beyond repair and much of the area was subsequently designated as residential red zone, with the houses being removed. Significant damage was caused to the Dallington Bridge which meant it was unsafe and closed to heavy vehicles.

This necessitated a reconfiguration of our Metro bus services to and through the area. The eastern parts of the 83 and 84 routes were discontinued and the Orbiter was diverted away from the Dallington Bridge onto the Stanmore Road bridge.

A shuttle service using smaller vehicles was introduced through Avondale, Dallington and Avonside (south of the river) and a link service ran from McBratneys Rd/Gayhurst Rd through to The Palms.

While the Shuttle service proved less successful as housing was demolished and the number of people in the area reduced, the link to McBratneys/Gayhurst continues to this day and, since the central city has been re-opened for business, this route has been included as part of the 44 route from The Palms into the CBD.

The subsequent replacement of the Dallington Bridge provided an opportunity to restore the Orbiter to its former route; however by this time (2015) the current route via Stanmore Road had proven very popular, so the decision was made to make this route permanent. Many of the regular users of the Orbiter in this area are associated with Avonside Girls’ High School and Shirley Boys’ High School, which will relocate to QEII Park in April 2019. The move of these schools may provide an opportunity for this decision to be revisited.

As you will be aware, consultation on the Draft Regional Public Transport Plan (RPTP) has recently concluded. Once the final RPTP has been adopted there will be a detailed review of all bus routes, including those in the Dallington area. This will include public consultation, and it is anticipated this will take place in the first half of 2019.

2 November 2018 - Request for information relating to free bus services on World Car Free Day 2018 across Christchurch and Timaru

1453C - We received an information request regarding information relating to the provision of free bus services on World Car-free Day on 22 September 2018 across Greater Christchurch and Timaru

Free travel on the Metro public transport network for World Car-free Day was an outstanding success, with an additional 15,672 trips on the network - a 60% increase compared to Saturdays at the same time last year.

The free buses were provided as a way of starting a conversation about the future focus of plans for transport in the region and gave us the opportunity to reach a wide range of people. It was also a chance for people to try their local service, leave the car at home for the day, and to think about the sort of public transport system needed in Canterbury.

What is the total cost for making buses free for the day, and for a breakdown of the cost?

The operational cost for making the buses free across was approximately $36,000. This is based on the average amount of revenue received for Saturdays in the same period last year.

How much was spent on the wider campaign, and for a breakdown of the costs involved?

The costs for the advertising/campaign development and execution to promote free buses across Greater Christchurch and Timaru were as follows:

  • The media cost was $23,464.14 (excluding GST); and
  • The campaign cost (including strategic development, illustration and execution) was approximately $6,000 (excluding GST).

The promotion of free buses was a combined message with the launch of the Regional Public Transport Plan consultation.

How many submissions were made on the Regional Public Transport Plan (RPTP)?

More than 700 submissions have been received to date, and they are still being processed.

31 October 2018 - Request for information relating to rate/tax payer subsidy per passenger per year on public transport - including overhead costs that would not exist if, eg: the whole thing was outsourced to Uber.

1459C - We received a request for the true rate/tax payer subsidy per passenger per year on public transport in Canterbury, including overhead costs that would not exist if, for example, public transport was outsourced.

The total rate plus tax payer subsidy per passenger trip for the 2018/19 fiscal year (that is, funding from rates plus government grants) for public transport bus and ferry services in Canterbury is $2.87 excluding GST.

 

1 November 2018 - Request for information relating to free travel on the Metro public transport network for World Car-free Day

1453C - We received an information request regarding the breakdown of total cost of Metro's Free Bus Day, and how many submissions have been made on the public transport plan.

Free travel on the Metro public transport network for World Car-free Day was an outstanding success, with an additional 15,672 trips on the network - a 60% increase compared to Saturdays at the same time last year.

The free buses were provided as a way of starting a conversation about the future focus of plans for transport in the region and gave us the opportunity to reach a wide range of people. It was also a chance for people to try their local service, leave the car at home for the day, and to think about the sort of public transport system needed in Canterbury.

The total cost for making buses free for the day, and for a breakdown of the cost.

The operational cost for making the buses free was approximately $36,000. This is based on the average amount of revenue received for Saturdays in the same period last year.

How much was spent on the wider campaign, and for a breakdown of the costs involved.

The costs for the advertising/campaign development and execution to promote free buses across Greater Christchurch and Timaru were as follows:

  • The media cost was $23,464.14 (excluding GST); and
  • The campaign cost (including strategic development, illustration and execution) was approximately $6,000 (excluding GST).

The promotion of free buses was a combined message with the launch of the Regional Public Transport Plan consultation.

How many submissions were made on the Regional Public Transport Plan (RPTP).

More than 700 submissions have been received to date, and they are still being processed.

1 November 2018 - Request for information relating to free travel on the Metro public transport network for World Car-free Day

1453C - We received an information request regarding the breakdown of total cost of Metro's Free Bus Day, and how many submissions have been made on the public transport plan.

Free travel on the Metro public transport network for World Car-free Day was an outstanding success, with an additional 15,672 trips on the network - a 60% increase compared to Saturdays at the same time last year.

The free buses were provided as a way of starting a conversation about the future focus of plans for transport in the region and gave us the opportunity to reach a wide range of people. It was also a chance for people to try their local service, leave the car at home for the day, and to think about the sort of public transport system needed in Canterbury.

The total cost for making buses free for the day, and for a breakdown of the cost.

The operational cost for making the buses free was approximately $36,000. This is based on the average amount of revenue received for Saturdays in the same period last year.

How much was spent on the wider campaign, and for a breakdown of the costs involved.

The costs for the advertising/campaign development and execution to promote free buses across Greater Christchurch and Timaru were as follows:

  • The media cost was $23,464.14 (excluding GST); and
  • The campaign cost (including strategic development, illustration and execution) was approximately $6,000 (excluding GST).

The promotion of free buses was a combined message with the launch of the Regional Public Transport Plan consultation.

How many submissions were made on the Regional Public Transport Plan (RPTP).

More than 700 submissions have been received to date, and they are still being processed.

2 March 2018 - Request for information on public transport operations in Christchurch and Timaru and any other areas provided by Environment Canterbury separately
1259C - We received an information request regarding public transport operations. Please find below the requestor’s specific queries and our responses. Note that the figures are GST exclusive.

How many buses are under contract for public transport services excluding school buses, mobility services and any other specialist contracts?

Greater Christchurch (excluding schools and ferry): 208 (plus 10% back-ups)
Timaru (excluding school) & Timaru to Temuka: 6 (plus 10% back-ups)

What is the total cost of contracting buses for public transport services (excluding school and mobility contracts)?

Below is the total cost for the 2016/17 financial year:

Operating costs (excluding school and ferry services)

Greater Christchurch: $51,041,794
Timaru and Temuka: $985,538
Total: $52,027,332

Administration costs – contract management, administration, monitoring, tendering and reviews (excluding mobility contracts but including schools and ferry)

Total: $1,359,590

What is the total revenue received from fares?

Below is the total revenue for the 2016/17 year:

Greater Christchurch (excluding schools and ferry)

  • Metrocard: $12,032,263
  • Cash: $5,514,144

Timaru (excluding school)

  • Metrocard: $59,553
  • Cash: $77,194

What is the total cost recovery from subsidies?

Below is the total cost recovery for the 2016/17 financial year (excluding mobility contracts but including school and ferry services):

a) City councils: $0
b) Environments Canterbury (rates and reserve)
  • Greater Christchurch Bus Services: $15,765,518
  • Timaru and Temuka Bus Services: $400,816
  • Ferry Services: $277,572
  • Total: $16,443,907
c) New Zealand Transport Agency (including Super Gold Card revenue)
  • Greater Christchurch Bus Services: $18,874,998
  • Timaru and Temuka Bus Services: $427,057
  • Ferry Services: $304,038
  • Total: $19,606,093

Please note that as we have (as requested) excluded school services from some of these sums but included them in others (including NZTA subsidies, as we do not calculate subsidies for school services separately), these numbers will not add together.

What is the total number of Metrocards currently active in each city?

The number of unique Metrocards presented from 1 January to 31 December 2017 are as below:

  • Greater Christchurch: 111,770
  • Timaru: 1300
14 February 2017 - Request for information on the Traffic Management Plan (TMP) at Akaroa
1252CWe received an information request regarding the holder of the TMP at Akaroa. 

Challenge Events is the current holder of the TMP in Akaroa on behalf of the cruise ship agent ISS Mckay.

Copies of all correspondence, notes, memos and content of telephone calls between Environment Canterbury and the Christchurch City Council (CCC) were also requested.

Please find those documents here.

14 February 2017 - Request for information on the Traffic Management Plan (TMP) at Akaroa
1252CWe received an information request regarding the holder of the TMP at Akaroa. 

Challenge Events is the current holder of the TMP in Akaroa on behalf of the cruise ship agent ISS Mckay.

Copies of all correspondence, notes, memos and content of telephone calls between Environment Canterbury and the Christchurch City Council (CCC) were also requested.

Please find those documents here.

30 August 2017 - Request for information on SuperGold Card
1170C - We received an information request regarding SuperGold Cards.

1. How do the trips used by the SuperGold Card get paid?

Trips made on public transport services in Canterbury by SuperGold Card holders during off-peak periods are funded 100% by Central Government but at a capped annual figure. Off-peak periods are from 9.00am to 3.00pm and from 6:30pm to the end of service on weekdays, and any time on weekends and public holidays.

Trips made on public transport services in Canterbury by SuperGold card holders during peak periods are paid for by the customer at normal adult fares.

2. What is the total paid for fares using the SuperGold Card in the 16/17 financial year?

The total funding by Central Government for off-peak SuperGold travel in Canterbury for the year Jul 2016 – June 2017 was capped at $2,956,485 excluding GST.

18 May 2017 - Request for information on mobile phone payment support for public transport
1109C - We received an information request regarding whether or not we have looked into providing mobile payment support on our public bus services.

Environment Canterbury has not looked into the specific requirements of providing true mobile payment support, as such technologies are not able to be supported by our current ticketing system. However, we will be reviewing our ticketing system, including various payment technologies such as mobile payment, when the current system reaches the end of life around 2020/2021.

As a public entity, asset investment lifecycle and the maturity of technologies are very important considerations influencing our decisions at the time of evaluation. We consider that mobile payment technology is relatively immature in its implementation in New Zealand. Environment Canterbury does not see itself as an early adopter of technology solutions, given that we are using public funds and that there is an inherent risk associated with this sort of developing the technology.

The requestor also asked if we would consider talking with Google about supporting Android Pay.

As the current ticketing system will not support Android Pay, a discussion with Google may not represent value for either party at this point in time. Environment Canterbury will certainly consider talking with Google closer to the time of replacement of the current ticketing system.

8 September 2016 - Request from a university student for information about our public transport language support services for people with limited English proficiency
1023C - We had a request from a university student for information about our public transport language support services for people with limited English proficiency.

How does Ecan manage interpretation and translation?

The public transport team at ECan has only used a translation service for one customer who is profoundly deaf. The translation service is provided through I-Signs who have a list of interpreters they use. The interpreter has typically been employed by Workbridge.

Does your transport department have access to the same translation and interpretation
services as the wider regional Council?

Our transport team has access to the same translation and interpretation services as the wider regional council. However, to date, these services have not been used.

How much money has Ecan spent on interpretation and translation services?

In relation to public transport, there has been only one occurrence of the public transport team paying for translation services as the remainder have been met by the customer. This occurrence was in May 2016 and the cost was $161.

Public transport brochures are not translated. Across Environment Canterbury, we provide translated services as required, such as using the Department of Internal Affairs’ Chinese
translation services for our Selwyn HAIL (Hazardous Industries and Activities List) project, to cater to the ethnic makeup of the area.

For the wider Environment Canterbury organisation, there have been a few occasions when deaf people have called with prearranged hearing services.

Does Ecan have metrics for tracking language services?

ECan does not use metrics for tracking language services.  

Does Ecan have any other specific policies for reaching out to ethnic/CALD (culturally and linguistically diverse) communities?

For visually impaired travellers, large format timetables are available from Metroinfo and on the website www.metroinfo.co.nz We have tactile pavers to lead visibility impaired people to buses, bus bays numbered on columns in Braille, and push buttons for audio door number announcements.

Water Metering
30 May 2019 - Request for information on the volume of water take in the Kaikoura Zone
1603C - We received an information requesting information on the volume of water take in the Kaikoura Zone.

On 6 September we provided a response to an earlier LGOIMA request on the measure water take in the Kaikoura Zone for the 2017/2018 year. The follow-on request to that was:

How and why has rural water take almost doubled to 2,064,050m3 in 2017/18 since 2016/2017?

Where does ECan collect the data from and is Kaikoura District Council water sources/consumption included in the count?

  1. In November 2016 Kaikoura experienced a large earthquake that destroyed a large number of farms’ infrastructure. This earthquake collapsed bores and destroyed pipes and equipment. As this earthquake occurred at the beginning of the irrigation season, there was little water used until all the repairs could be finished; and
  2. We are seeing continual improvement in the number of meters and the quality of data we are receiving. This in turn improves the accuracy of reporting.

In response to the question on where Environment Canterbury collects its data, we can confirm that Kaikoura District Council’s data was not included in the calculations provided. Water usage data is provided from the meters and dataloggers associated with each water abstraction point associated with the consents. This data is provided to Environment Canterbury in line with the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 and is sourced through third party data providers.

28 January 2019 - Request for information on water quality
1524C - We received an information request regarding several water quality questions including the way they are measured. Below are the queries from the requestor and our responses.

Do you measure water quality? Do you measure river water quality? if so;

  • what locations to you measure? latitude/longitude
  • what do you measure? ie. what elements
  • how do you measure? ie. fixed meter or physical sample?
  • how often do you measure, by site?

In answer to the above, yes, we do measure water quality throughout the Canterbury region and we have this spreadsheet which provides the subsequent details that were requested.

12 October 2018 - Request for information on Cloud Ocean Water

1439C - We received an information request relating to 20 Station Road and 66 Belfast Road. Below are the queries from the requestor and our responses:

20 Station Road – All records held by Environment Canterbury in respect to water taken by Cloud Ocean Water Limited or otherwise from the above site, from 21 December 2017 to present.

Please find attached the water data graphs for Cloud Ocean’s water take from CRC182813 for the period 13 August to 8 October 2018.

Any data previous to this was so distorted as to be unusable due to the following:

1. Electrical interference with the data logger and flow meter providing highly inaccurate, rogue readings 2. Issues with the data logger communicating with the host server has meant that there is some missing data.

However, we have attached two photos, one from 24 August 2018 which confirms minimal amount of water used since December 2017 when the flow meter was installed. The external flow meter attached to the well (photo 152836) indicated a reading of 10,534,244l used or 10,534.244m3.

We were able to match this to an internal flow meter which is attached to the same line and a photo of this meter taken on 4 September (see attached) shows a reading of 10244.937m3. The difference exists as the flow meter was used during well testing phases when it hadn’t been connected up to the factory line. There could also be a difference in the percentage error of the two flow meters. There is no requirement for Cloud Ocean to have the internal flow meter recording correctly. The external flow meter is the device which provides data to the data provider and Environment Canterbury.

66 Belfast Road - All records held by Environment Canterbury in respect to water taken by Rāpaki Natural Resources Limited or otherwise from the above site, from 21 December 2017 to present.

File Number: GOVE/INQU/OMBU/1439C

Water takes at 66 Belfast Road are currently inactive. Hence, we do not hold any water data for these takes.

Prior to these takes becoming active, the consent holders will need to comply with their consent conditions which includes installing a flow meter and data logger on each bore, as well as exercising their consents and ensuring data is being sent to us. The site at 66 Belfast road is currently a demolition site.

Any contamination reports, including site investigation reports, site management reports or similar, relating to either of the above sites.

20 Station Road is included on the LLUR in relation to two HAIL land uses: • A17 – Storage tanks or drums for fuel, chemicals or liquid waste • A16 – Skin or wool processing

66 Belfast Road is not included on Environment Canterbury’s Listed Land Use Register (LLUR) in relation to hazardous activities and industries list (HAIL) land uses. There is therefore no file managed for that physical address. This does not mean hazardous activities or land uses we don’t know about have never occurred there.

12 February 2018 - Request for information on Cloud Ocean Water

1243C - We received a request for information regarding the “decision by Environment Canterbury to allow Cloud Ocean Water … using a 20-year-old permit … to remove up to 4.32 million litres per day for bottling”. The requestor’s specific queries and our responses are outlined below.

How does the decision by Environment Canterbury represent the best interests of the environment?

Environment Canterbury’s purpose under the Resource Management Act 1991 (RMA) is to facilitate sustainable management of our natural resources.  To do this, we are legally required to process resource consent applications in line with the statutory tests outlined in the RMA, and clarified via caselaw developed by the Environment (and higher) Courts.

Under the RMA, Environment Canterbury is not able to consider who an applicant is (other than to ensure they are a legal entity under New Zealand law) or the merits of why they wish to use a natural resource (in this case water) for a particular purpose.  Given that, we have no ability to consider the nationality of the shareholders in Cloud Ocean Water Ltd, nor whether water bottling is a better use of water than irrigation or wine making etc., in our processing of the application.  Rather we must make decisions on the basis of the effects of a proposal on the environment.

In determining the significance of those effects, we have to look at the environment against which the activity will occur.  In terms of the RMA, the Courts (via caselaw) have determined that the environment includes the effects of existing consents.  We are therefore limited to only looking at effects over and above those that are already consented to occur.  As the effects of taking water out of the aquifer were already consented to the Kaputone Wool Scour in 1997, and as there was no change in the rate or volume at which water was to be taken (from what was already consented), those effects could not be reconsidered as part of the application in front of Environment Canterbury which was simply to use water already consented to be taken for a different purpose.

“It appears to me that Environment Canterbury is not representing the environment in this case so who is please?”

Environment Canterbury is performing its statutory function in accordance with the limits imposed upon it via the Resource Management Act and relevant caselaw.

What consultation did Environment Canterbury undertake with this bottling decision?

Environment Canterbury sought comment on the proposal from Tuahuriri Rūnanga, Christchurch City Council, the North Canterbury District Health Board, and the North Canterbury Fish and Game Council.  An email response was received from the Christchurch City Council (CCC) expressing concerns around the potential for water to be taken from a deeper bore. As the application did not propose to take water from a deeper bore this could not be considered.  If an application to take water from a deeper bore is received, then the effects of that deeper take (including the effects on CCC) will be considered as part of that proposal.  None of the other contacted parties provided any comment on the application.

Correspondence was also received from Linwood Law, and the matters raised in that letter were considered by the Council officers in the recommendation and subsequent decision (which are attached to this response).  Consideration was also given to the petition that was circulating requesting that Environment Canterbury rescind the consent on the basis of climate change and public feeling.  The ability to rescind the existing consent is not within the powers provided to Environment Canterbury under the RMA.

Why was there not reasonable consultation about this issue?

Environment Canterbury must make a determination on the environmental effects of a proposal prior to public notification. Where these are considered more than minor, then applications are publicly notified.  As discussed above, this proposal was simply to use water already consented to be taken, and Environment Canterbury could not reconsider the effects of taking that water.  The effects of the new use of that water were not considered to meet the requirements for public notification.  This is discussed fully in the Officer’s Report and accompanying decision.

Who holds ECan to account for this apparent blatant mis-representation of the Canterbury environment? And how is this accountability exercised?

Accountability for Environment Canterbury’s administration of the RMA sits with the Environment, and higher, Courts.  This accountability is exercised via appeals to the Environment Court (where applications have been notified; which is not the case here), or via Judicial Review in the High Court of the process followed by Environment Canterbury.

How can residents hold ECAN accountable for mismanagement of the environment?

Residents may seek a Judicial Review of Environment Canterbury’s decision-making process via the High Court.  This review is of the process undertaken in reaching a decision, rather than the decision itself.  If the High Court finds that the process followed was flawed, then it typically sends the application back to be reconsidered.

How can residents make change to local government (ECan in particular)?

Residents are encouraged to provide input into any publicly notified process via written submissions and can also be heard in support of their submissions.  This includes the proposed Long Term Plan (LTP), proposed RMA plans or plan changes, and any notified resource consent applications.  Publicly notified processes are advertised in newspapers, on our website and, in the case of the proposed LTP and RMA plans and plan changes, in the Living Here newsletter that is delivered to all residents in Canterbury.

Residents may also use their democratic right to vote for Councillors who represent their interests in Local Government elections. The next election is in 2019.

ECan says it is “facilitating sustainable development in the Canterbury region”; how does this decision reflect that?

As noted above, Environment Canterbury is unable to consider the “merits” of who or why a person or company wishes to use water; they can only consider whether the effects are acceptable, and the consistency of the decision with national and regional policy. In this instance, there is no national or regional policy regarding water bottling, and the effects of taking the water were considered when the original consent was granted to the Kaputone Wool Scour in 1997.  As explained above, the effects of taking water form part of the existing environment and could not be reconsidered.

The cumulative effects of abstraction from the aquifer (i.e. how much water can be sustainably taken from the aquifer) was also considered as part of the public process that developed the operative Land and Water Regional Plan. That process concluded that, in the Christchurch West Melton area, maintaining the existing consented level of abstraction (including the existing take consent, now held by Cloud Ocean Water Ltd) was sustainable.  It limited any further takes to be solely for community supply or non-consumptive uses.  As this application was simply to enable already consented water to be used for an alternative purpose, it will not have any cumulative effect on the sustainability of Christchurch’s aquifers over what is already allowed to occur.

8 December 2017 - Request for information on water allocation in Canterbury
1216C - We received an information request for each water allocation area in Canterbury, the year in which those areas reached 100% allocation (and the current % of allocation in each area).  Also, how many water consents have been granted or renewed since those areas reached 100% allocation

We provided the requestor with the current percentage (as at 8 December 2017) of allocation in each area for:

  1. Surface Water
  2. Groundwater

We have two different spreadsheet tables because Groundwater and Surface Water are accounted for separately.  This is because they have different management triggers.

  • Surface water has minimum flows in the river at which irrigation must cease and river flow trigger levels at which flow rates must reduce.
  • Groundwater doesn’t have minimum flows attached but is managed on an instantaneous take rate and annual total.
  • Groundwater takes that are considered hydraulically linked (i.e. taking their water directly affects river flows because they are so close to a river) are considered surface water takes.

We manage the water as a single resource (combined groundwater and surface water) but for the sake of accounting for takes and how they are restricted we maintain different tables.
Commentary was also requested regarding water allocation and we advised the following:

Within Canterbury there is a comprehensive suite of resource management plans to manage the take and use of water.  Many of our largest catchments, including the Hurunui, Waiau, Waimakariri and Waitaki, along with the Waipara, Opihi and Pareora Catchments have their own flow and allocation plans which list the Minimum River Flow and an allocation regime which determines how much water can be allocated.

Some of our Alpine rivers, including the Rangitata and Rakaia have water conservations orders which contain similar restrictions.

The Land and Water Regional Plan (LWRP) is the most modern of Canterbury’s plans, with its final parts becoming fully operative in early 2017. It contains minimum flow and allocation limits for all other rivers and streams in the region, and allocation limits for groundwater throughout the region.  This plan provides the strongest direction possible to ensure that allocation limits are not exceeded by any new takes, expressly prohibiting any applications for new takes if they would breach limits.  You will see that some of the water management areas are over 100% allocated; this is a historical result of consents granted before the planning framework was put in place.  Under the LWRP, where consent is sought to continue existing abstractions in overallocated catchments, the plan provides direction that those existing takes should be reduced to phase out overallocation.

Whether a river is managed under a Resource Management Plan or Water Conservation Order they all have a similar management approach.

Anyone wishing to take and use water must apply for resource consent. Consent will only be granted if there is space available within the allocation block.  Consents are granted with conditions including a requirement to cease taking water when the minimum flow is reached.  Most takes for irrigation now have an annual volume (i.e. a total amount of water which can be taken over a year). Most consents, and in practice all large consents, to take and use water now have a water meter which allows us to monitor accurately water use across the region.

16 August 2017 - Request for information on all active water bottling consents issued in Canterbury
1148C - We received a request for information on all active water bottling consents issued in Canterbury.

Please find below a table of all active water bottling consents issued in Canterbury.

Table of active water bottling consents

15 August 2017 - Request for information on all active water bottling consents issued in Canterbury
1152C - We received an information request for the Hurunui Water Project (HWP) Ltd consents and if there were revisions to existing consents in 2016 and 2017.  Revisions to existing consents held by HWP have been: a notice of partial transfer of the nutrient load that was authorised under CRC153349, to Ngai Tahu Farming Limited.  
The notice of transfer resulted in a land use consent held by Hurunui Water Project Limited (HWP, CRC153349) being partially transferred to Ngai Tahu Farming Limited as CRC172781, and the part retained by HWP being CRC172780.

The consent application documents and emails surrounding the application were also requested which can be found below, including an email which explains the conditions required.

4 August 2017 - Request for information following our response to LGOIMA - 1117C
1132C - We received a further request for information following our response to LGOIMA - 1117C regarding information on the Cloud Ocean Consent which can be found above. The requestor’s additional queries on the Cloud Ocean Consent are outlined below.

 

1. Information on the allocation of the aquifer over the term of Cloud Ocean’s consent (in relation to capacity), allowing for population growth.

The Land and Water Regional Plan (LWRP) (Chapter 9) states that:
In general no additional water is to be allocated from the Christchurch West-Melton groundwater allocation zone - except for group or community supply as set out in Rule 5.155 or for non-consumptive taking and use as set out I Rules 5.131 and 5.132.

This is because the Christchurch West-Melton aquifer is treated as fully-allocated, at around 160 million cubic metres allocated per year. This 160 million cubic metres includes the full consented allocation to Ocean Cloud water.

Similar provisions regarding the fully-allocated aquifer were included in the Natural Resources Regional Plan (NRRP), which was notified in 2004. Prior to the NRRP there were no groundwater allocation limits calculated for this aquifer.

2. What was the level of the aquifer over the last 10-20 years?

Data is not available on the level of the aquifer overall.  The attached map here shows groundwater level monitoring bores within 10km of the Cloud Ocean site, and data on groundwater levels for those bores is here.

Water level data and graphs can be accessed on Canterbury Maps using the well search function.  The bore numbers can be entered and graphs generated from the water level graphs tab and the water level data can be downloaded from this page.

The excel sheet attached above shows bore numbers, eg. M36/xxxx, date of data reading and the depth to groundwater measured from a reference point for that well.  The measuring point varies by well.  The depth to water references the measuring point which may be above, below or at ground level depending on the well.  Also, please note that the well details search on our website at www.ecan.govt.nz includes a plot showing water levels relative to ground level.

The positive numbers indicate the water level is above the measuring points, which may or may not be ground surface.  Positive values generally indicate artesian condition, but you would have to check the measuring point elevation relative to the ground elevation.  This information is available on the well summary which is available from our website.

3. Provide a summary of complaints received from water users.

There are no records of complaints in our database relating to availability of groundwater in this area.

4. What is Environment Canterbury’s position regarding reviewing the consent?

Environment Canterbury has the right to review the conditions of this resource consent to deal with adverse effects on the environment that are best dealt with at a later stage.

We can review a resource consent for the following reasons:

  • If a new or unforeseen adverse effect occurs or one that is beyond that which was consented
  • For any purpose specified in a consent
  • If a new rule comes into force in a new plan that requires something which is not addressed in an existing old consent
  • If a new national environmental standard comes into force
  • If we were misled or there were inaccuracies in a consent application

We have not considered whether there are any such adverse effects in relation to this resource consent.

12 April 2017 - Request for information regarding water take consents

1096C

- We received an information request regarding how we classify water takes, how many industrial water take consents there are currently and how much revenue we raise from the consents.

Environment Canterbury classifies water takes by the purpose of the use to which the water will be put. Water take and use classifications include industrial, farming, mining, public water supply, hydroelectric power generation and frost protection.

Attached is a table of all active industrial water takes in Canterbury: 99 consents, and a total of 67,719,793 m3 allocated per year.

The Council recovers its costs of processing these applications and of monitoring consent holders’ compliance with their resource consents; however, we do not raise revenue from these consents.

18 July 2016 - Request for information on generic letters sent out regarding water metering
990C - We received a request for information on generic letters sent out regarding water metering.

See below the attached four letters:

  • Letter one is the reminder sent to approximately 500 users with a water take of 10 litres per second or more, and where we did not have a record of the installation of their water measuring device.
  • Letter two is a follow up letter asking for immediate action to install their water measuring device. When the device has been installed and verified, a copy of the certificates must be submitted to Environment Canterbury.
  • Letter three is another reminder that we had not been provided with the installation and/or verification certificate on the water measuring device.
  • Letter four is a response letter after we have been informed that the owner no longer intends to use the bore or does not require the full allocation of water.
This is part of a strategic program of work that Environment Canterbury started in April of this year. If no response is received or we are not satisfied with the response that we receive from the addressees of these letters, then we will determine the appropriate enforcement response, which may involve the issuing of an Abatement Notice requiring compliance and then an Infringement Notice for non-compliance if that is the outcome and, for the most significant breaches, under the Resource Management Act is available.

Farming water use practices are changing

In 2009 the Canterbury Water Management Strategy (CWMS) was launched. An initiative of the region's Mayoral Forum, it set out a shared vision, which was developed over many years via extensive public engagement. This vision reflected the community's desire to work differently, in a collaborative manner, around water management.

As a result, Environment Canterbury has adopted a strong collaborative and supportive approach to getting the right environmental outcomes for the community. In terms of water measurement/metering this has meant Environment Canterbury has worked with water take consent holders to move water management towards a self-audited approach where we can work together collaboratively to ensure that compliance is achieved.

As rules for water metering were introduced, in 2011 Environment Canterbury began a five year staged process to ensure that all water-take consent holders (for 5 1/s or more) had installed a water measuring device. It is a farmer's responsibility to manage their resources to achieve water efficiency. From a water measurement perspective, when the process started few meters were in place and so a huge effort has been made by Environment Canterbury's compliance team to get farmers on board with this process.

Daily monitoring and telemetry has been installed on most Canterbury farms to measure water use over the last four years. This has involved significant technological change for farmers and for Environment Canterbury, ensuring all large water takes are being measured, monitored and reported, and ensuring water use is within the allocated amount set by consent.

90% (4900/5400) of water takes are now metered and reported, most of them daily. Canterbury has three times the number of water takes than any other region.

A range of different tools as set out under the Resource Management Act 1991 can be used to ensure compliance with water take consent conditions. Environment Canterbury's first priority is to work with farmers so that they comply voluntarily. Where consents holders haven't complied, we have taken the following staged approach:

  • Formal written warning - notice of an offence (often minor)
  • Abatement notice - formal notice to take action or cease an activity that may have an adverse environmental effect or breaches the Resource Management Act
  • Infringement notice - formal notice of an offence which includes payment of a fine.
  • Prosecution - for offences so serious that they warrant proceedings through the courts.
Environment Canterbury is now reaching the end of the five year process. In April this year, we started implementing new enforcement measures designed to address the small overall percentage of non-compliant water take consent holders. For those who have not taken action we have begun to issue abatement notices - which will lead to appropriate enforcement action (such as an infringement notice and fines). Since April, we have issued 45 abatement notices for non-compliance with water metering and have many more in the pipeline. We believe by next year the whole region will be compliant in terms of water metering. Our focus now is on cracking down on anyone who still does not have a water meter, low flow breaches during times of water restriction then dealing with breaches exceeding consented volumes.

Generic letters attached here.

20 July 2016 - Request for information regarding the number of FTE staff working on water metering responses since 2012, whether the responses were acceptable, and whether further resources and actions are planned to comply with regulations; also the number of total permitted water takes and information

989C - We received a request for information regarding the number of FTE staff working on water metering responses since 2012, whether the responses were acceptable, and whether further resources and actions are planned to comply with regulations; also the number of total permitted water takes and information.

Questions

1) Back in 2012 Ecan advised that a dedicated team of 3 fulltime staff had been working with water users to promote meter use since 2008;

a) how many staff have been working on this since June 2012?

From June 2012 to October 2013 there were three full time staff as part of the Extension’s team who were working with industry and water users. After October 2013 there has been two full time staff from this team. In addition a large number of other staff from across the Council have also been working with water users to promote water measuring devices. This includes staff from compliance monitoring, zone delivery, CWMS facilitators, planners and Customer Services.

b) given Ecan's efforts since 2008, do you believe the outcomes reported recently are acceptable?

Canterbury also has three times the number of water takes than any other region. The approach Environment Canterbury has taken since the national regulations were introduced has been very successful in achieving the outcomes sought.

The main outcomes were to improve water efficiency and ensure the fair and equitable allocation of water resources.  This approach has gone beyond what is required under the regulations by working with consent holders and industry towards daily measurement and telemetry to enable real time monitoring of water use. This has benefits both in terms of enabling the consent holder to manage water more efficiently and for the broader community.

There has been a huge effort by both consent holders and industry and the project has involved significant technological change. The council has a formal process for taking enforcement action when we believe offences against these regulations may be taking place. This process is focused on achieving compliance and includes the following staged approach:

1. Warning letter

2. Abatement notice

3. Infringements

4. Prosecution

Over the past four years 90% (4900/5400) meters of water takes are now metered with a majority of these (3,800) now using daily telemetry reporting water use. We are constantly reviewing our processes and have in April this year started implementing new measures designed to address the small overall percentage of non-compliances by taking a stronger approach.

The priority has been to address those who have failed to comply with installing meters and then in August (following the end of the irrigation season) any non-compliance with water takes.

We have heard our community and are satisfied enough time has elapsed for water users to now understand their obligations. As a consequence, we will be ramp-up the pressure on compliance over the next few seasons and look to take stronger action when warranted.

c) what further resources and actions does Ecan plan to take to ensure regulations in effect since November 2010 are fully complied with?

We are constantly reviewing our processes and progress made. In April this year the council kicked off a water measurement compliance campaign. This campaign has three priorities addressing missing meters, addressing missing information and addressing any overtakes. At the beginning of this campaign, there were 500 missing meters. Now all of these have now been contacted.

Enforcement action is being pursued for those that haven’t taken action. After July the focus will shift assessing compliance with consented allocations. We have heard our community and we are satisfied consent holders have had sufficient time to implement the regulations. We will be taking stronger action when warranted.

2) The last Canterbury Region Water Use Report we are aware of was for the 2013/14water year;

a) is there to be a report published for the 2014/15 and subsequent water years with similar data and tables?

No. We have moved away from publishing a specific water report as we transition to reporting at a zone level on a range of matters of importance to community including water. We can however provide an analysis of the total water used in the context of the total amount of water allocated.

3) Can Ecan please advise the total permitted water takes;

a) for all existing water users consented to take 10 litres or more per second, who still do not have water meters installed?

At the beginning of April there are approximately 500 takes ≥10l/s that required a water measuring device(s). However, all of these consent holders have now been contacted and have either taken action or we are pursuing enforcement action against.

There are 5,400 takes that are now measured (90% of water takes) with 4,600 of these being taken that are equal to or greater than 20 litres per second.  This effectively equates to 97% of water allocation in Canterbury now being measured and reported.

b) for all existing water users consented to take 10 litres or more per second who have meters installed but are not consistently supplying useable data?

Environment Canterbury received data from approximately 3,648 consents in the 2014/2015 Water Year. Of those approximately 327 were not consistently supplying useable data due to a variety reasons such as:

  • No data due to battery failure;
  • Loggers incorrectly configured (if at all);
  • Gaps in data record – data spikes (electric fence) or magnetic interference by Variable Speed
  • Drive pumps, cables disconnected etc.; and
  • Inability to download data from loggers.

Requesting data daily from takes that are telemetered will ensure onsite issues are dealt with in a timely manner thus ensuring useable data is submitted consistently. Environment Canterbury is currently receiving data daily from approximately 3,800 takes.

4) We are aware of several information bulletins produced by Ecan similar to the attached, dated July 2011 could you please advise;

a) was this and other information sheets sent to all water consent holders and when?

Since July 2011 there has been a comprehensive programme in place to ensure that water take consent holders understand their obligations and know what to do to comply.

This has included letters, brochures and a range of compliance communications and actions. In addition there have also been a number of field days, media campaigns, and one on one phone calls.

b) how many water consent holders contacted Ecan to advise that they did not understand water metering regulations?

Since July 2011 1,402 people have contacted Customer Services to discuss their water measuring requirements.

Zone Committee
10 April 2017 - Request for information around publicly excluded water zone management committee meetings

1097C -  Information was requested around publicly excluded water zone management committee meetings, were non-notified in the past council term, any decisions made in publicly excluded meetings, how many items were discussed at each meeting which excluded the public and a list of workshops and topics.

Information was requested for:

  • How many Environment Canterbury council, water zone management committees and committee meetings, including extraordinary meetings, minor matters etc., were non-notified in the past council term and the current term, and why?
  • Any decisions made in publicly excluded meetings in the past and current term.
  • A breakdown on how many times items were discussed at each council/committee/community board meetings - which excluded the public.
  • A full list of workshops, and topics, in the past term as well, and any that are planned for the current term.

The agendas and minutes for all Council and committee meetings (including all Zone Committee meetings) that have been held in the current term and in the previous term are provided on Environment Canterbury's website at Council and Committee Meetings.  All of those meetings were duly notified in accordance with the Local Government Official Information and Meetings Act 1987 (LGOIMA) therefore there were no non-notified meetings in the past or present council term.

Also available on our website are those occasions when matters were discussed in publicly excluded parts of the meetings and also the grounds for the public being excluded. As noted (and as required by LGOIMA), the resolution to move into a publicly excluded session is always passed in an open meeting, the grounds for exclusion of the public are provided as part of the resolution and all are recorded in the minutes of the meeting.

There are numerous informal gatherings held between Councillors, staff and others for a variety of purposes, including to discuss current issues, to provide Councillors with information and to share ideas. It is impossible to maintain any list of such meetings.

Workshops and briefings, at which no resolutions or decisions are made, are not "meetings" for the purposes of LGOIMA and accordingly none of the formal notice, agenda and minute keeping requirements of that Act apply. This is entirely appropriate since otherwise Councillors and staff would not be able to hold unscheduled or informal gatherings unless public notice of them had previously been provided.

Groundwater well monitoring and surface water data
8 August 2019 - Request for information on all available data for the sites specified in Appendix 1 in the Akaroa area.
1644C - Requesting all the available data for the following in the Akaroa area, Groundwater quality, Surface water quality including healthy streams data, Surface water gauging site data and Rainfall monitoring sites.
Please find attached the following documents which provide the data requested:
  1. Groundwater Quality (XLSX File, 11.92KB)
  2. Surface water quality including healthy streams data - Surface water quality including healthy streams data #1 (XLSX File, 1.35MB) and Surface water quality including healthy streams data #2 (XLSX File, 195.77KB)
  3. Surface water stream flow data (XLS File, 687KB) , including Surface water stream flow data Terms and Conditions (PDF File, 163.26KB)
Please note Environment Canterbury does not measure rainfall in the Akaroa area, although NIWA does have a rain gauge that it maintains on behalf of CCC. You will need to approach NIWA or CCC for those data.
10 April 2019 - Request for historical water well readings

1610C – We received an information request to provide historical water well readings

Request for historical water well readings for the following wells:

  1. M36/4191
  2. M36/4239
  3. M36/8331
  4. BX23/0419
  5. M36/0265
  6. BX23/0833
  7. BX23/0834
  8. BX23/0835
  9. BX23/0836
  10. M36/4238
  11. BX23/0098
  12. M36/0257
  13. M36/2743

All the water level data, along with comprehensive well details, strata details and water quality data, can be found on Environment Canterbury’s website using the “Well Search” function. Water level data can also be downloaded for use. These links will provide access to the general Well Search function.

We only hold groundwater level data for two of the wells listed, M36/0257 and BX23/0419. The data set for both is limited and for M36/0257 mostly quite
old. There are also initial groundwater levels for some of the other wells. These are water levels measured by the driller at the time the well was completed. They are indicative of water level at that time but can often be influenced by the process of establishing a well, so are not particularly reliable.

View data for M36/0257 and BX23/0419.

10 April 2019 - Request for information regarding Canterbury well water take data on metered, compliant, monitored, usage and the way they are measured

1573C – We received an information request regarding Canterbury well water take data on metered, compliant, monitored, usage and the way they are measured. Website info for reports on consent monitoring.

We received an information request regarding several water quality questions including the way they are measured. Below are the queries from the requestor and our responses.

  1. The number of water takes that the wells have to be metered.
  2. The number of these that are metered and the meter is compliant.
  3. The number that are sending to ECan the water usage.
  4. The number of data sent that is good and is monitored.
  5. Where on ECan’s website you can find reports on consents monitoring.

Background

Canterbury has the largest number of water consents (5,090) and water abstraction points (7,922) in New Zealand, twice the number of Hawke’s Bay region (2,489). Environment Canterbury’s approach to implementing the requirements of the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 has been progressive implementation, recognising the level of investment required by consent holders to install both meters and data loggers and contract third party providers to monitor this data. The purpose of these requirements is to improve measurement of water in order to improve water use efficiency.

There are a number of aspects of compliance including:

  • Installation of meters;
  • Verification of meters every 5 years;
  • Installation and calibration of data loggers.

Therefore, levels of compliance across the 5,090 water consents in Canterbury varies. It is not possible for Environment Canterbury to monitor compliance with each of these consents and water abstraction points each year, so each year we focus on a different aspect of compliance.

Over the last 5 years in implementing this approach, compliance levels across all these aspects has increased (for example, the percentage of metered water takes has increased from 50% to 89%) and there has been no significant instance of taking too much water identified.

The average actual annual water use, as a percentage of the consented volume of water allocated in Canterbury, is 50 to 60%, so generally less water is taken for use than has been allocated.

1. The number of water takes that the wells have to be metered

After consultation, the request was refined to “All consents over 5l/s requiring a meter as per the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 (the Regulations)”.

Please see below the table setting out this information.

Consented Water Volume Consent Count WAP Count
Between 5 and 10 Litres/second  651  693
Between 10 and 20 Litres/second 808 888
Between 20 and 100 Litres/second 2749 3858
Over 100 Litres/second 882 2483
Total 5090 7922

Table 1 – detail of the number of consents and the rate of take bracket they fall into. The WAP count is the number of “Water Abstraction Points” which can include a well or a surface water abstraction point.

2. The number of these that are metered and the meter is compliant

Please see the table below which sets out the meters that are verified as accurate as required in the Regulations.

Consented Water Volume WAP Count Inactive WAP Waiver Installed Verified
Between 5 and 10 Litres/second 693 20 9 304 189
Between 10 and 20 Litres/second 888 40 69 736 574
Between 20 and 100 Litres/second 3858 185 338 3205 2186
Over 100 Litres/second 2483 115 148 2064 1568
Total 7922 360 564 6309 4517
Percent 100.0 4.5 7.1 79.6 71.6

Table 2 – detail of the number of the WAP’s detailed in part 1 including the number of these WAP’s that are status “Inactive”, have a waiver (not requiring metering now), or have a meter installed. Verified column is the number of WAP’s with meters that have a current verification as required in the Regulations. The %age here is against the total installed. 

3. The number that are sending to ECan the water usage.

Please see below a table setting out the number of wells which Environment Canterbury receive data for.

Consented Water Volume WAP Count Installed Missing data Incompleted data Completed data
Between 5 and 10 Litres/second 693 304 177 20 133
Between 10 and 20 Litres/second 888 736 160 59 523
Between 20 and 100 Litres/second 3858 3205 534 314 2391
Over 100 Litres/second 2483 2064 321 154 1650
Total 7922 6309 1192 547 4677
Percent 100.0 79.6 18.9 8.7 74.1

Table 3 – Number of required and installed WAP’s and the status of data for the period 1 July 2017 to 30 June 2018. As we are still within the current reporting year, we do not have the stats for 2018/2019 as data may be submitted up until 1 August 2019. Missing data means no data or less than 100 days data. Incomplete data means 100-300 days data, complete data means greater than 300 days data. This was to ease reporting for this LGOIMA as there are very complex processes to create these reports. The thresholds for compliance are much stricter, where missing data over 2 days in the irrigation season is non-compliant and will require action.

4. The number of the data sent that is good and is monitored.

After consultation this request was refined to be the data on “compliant” consents monitored for water use data, and the outcomes of inspections on monitored water takes.

Row Labels Count of Inspections
Complies 1337
Non-compliance No action required 177
Non-compliance Action required 216
Significant non-compliance 34
Grand Total 1764

Table 4 – To compare the grades as compliance officers issue to the online reporting, Complies is A, Non-compliance no action is B, Non-compliance action required is C, and Significant non-compliance is D.

data on “compliant” consents monitored for water use data outcomes graph

5. Where on ECan’s website I can find reports on consents monitoring.

24 January 2019 - Request for information on nitrogen loss rules

1529C - We received an information request regarding several water quality questions including the way they are measured.

All assessments by ECan staff or contractors of the likelihood of catchments meeting nitrogen loss rules, as per the Canterbury Land and Water Regional Plan. The information should include, but not be limited to, the Selwyn-Te Waihora catchment, in which, it’s reported in The Press today, nitrogen losses from dairy farms must be reduced to 30 percent below their average 2009-2013 nitrogen losses by 2022.

Basically, ECan’s own evaluation of how the catchments are tracking towards those rules and what might have to be done to achieve them.

We refer to your email dated 10 January 2019 requesting that we provide all assessments by ECan staff or contractors of the likelihood of catchments meeting nitrogen loss rules, as per the Canterbury Land and Water Regional Plan.

It was requested that the response include, but not be limited to, the Selwyn-Te Waihora catchment, in which, it was reported in the Press at the time of your request, nitrogen losses from dairy farms must be reduced to 30 percent below their average 2009-2013 nitrogen losses by 2022. Also requested was ECan’s own evaluation of how the catchments are tracking towards those rules and what might have to be done to achieve them.

If catchment nitrogen loss objectives are to be met, farmers must play their part. Farmers have therefore been our main focus for some time, starting with the Selwyn Te Waihora sub-region as you point out, and with an emphasis on at-risk catchments. Different sub-regions are at different stages of their planning; Waimakariri and Orari – Temuka – Opihi – Pareora are now starting their planning processes, while other sub-regions are further advanced. In the meantime, the Land and Water Regional Plan has ensured that farmers could not exceed their “baseline” nutrient losses from 2009-2013. This has put the brakes on land use intensification.

Our land use consent to farm campaign is already showing good results – as outlined on our website at ecan.govt.nz/reporting-back/farming-to-limits-freshwater-management and the attached infographic about consent progress and audit grades.

Here is the latest information from Selwyn:

Selwyn 50ha Irrigation graph 356 farms

Selwyn 50ha Irrigation graph 295 farms

The 1875 farms throughout the region that require land use consent now are being reached through a rolling programme designed to advise farmers of their requirements and help them take appropriate action. Work with the remaining 425 farms will start after the Nutrient Management and Waitaki Plan Change (Plan Change 5, LWRP) is operative – from next month.

Selwyn Te Waihora farmers are generally well on the way to achieving their current limits, meaning they should be well placed to meet the tougher limits in future. An A or B audit grade now means they are meeting current limits.

Our work programme in other sub-regions is a rolling approach, focused on areas of most need based on environmental impact.

Environment Canterbury is assisting farmers in the form of drop-in sessions and other support to help them achieve their limits.

We are seeing water quality improvements throughout the region as shown by a recent analysis of 5, 10 and 20 year trends (see https://www.ecan.govt.nz/get-involved/news-and-events/2018/water-quality-trends-in-canterbury-august-2018/ which includes a link to a fuller report). The gist of this analysis is that many more sites are showing improvement, particularly over 10 years, than are degrading.

Water quality is complex, with many different parameters that react at different timescales. Harts Creek (a lowland stream that feeds into Te Waihora/Lake Ellesmere) is a good example where both phosphorus and ammonia have improved over 10 years but nitrate has degraded.

This is not unexpected because both phosphorus and ammonia are quickly influenced by direct actions such as riparian management, but nitrate takes a long time to travel through groundwater and responds slowly to interventions like reduced leaching from farms. All of these results, including trends, are available on the LAWA website.

Each sub-region plan is evaluated for effectiveness every five years. The figure you cite of Selwyn Te Waihora dairy farms reducing nitrogen losses by 30% is by 2022. Because there are still three years to go, we have not yet done an assessment of the number of farms that have reached the target. In terms of how the catchments are tracking, Environment Canterbury is currently working on an evaluation of the Selwyn Te Waihora catchment in relation to environmental outcomes.

This work will be completed later this year when it will be presented to the Selwyn Waihora zone committee. Given that many of the rules in the plan don’t take effect for a further 3-6 years (e.g. nutrient discharge reductions minimum flows in spring fed streams) it is not expected that all of the environmental outcomes sought will have been reached.

As part of RMA planning, an assessment is done of all catchments meeting various objectives, including nitrogen loss rules. This information is used in writing the plans. For each of the sub-region plans in the Land and Water Regional Plan, there is a comprehensive technical overview report.

In addition to meeting their regulatory requirements, many farmers are engaged in a variety of other activities designed to improve environmental performance on farm. Environment Canterbury and other agencies provide funding and hands-on support of these activities.

29 January 2018 - Request for all data held by the Council of the change in nitrate concentration in the water supply of Rolleston and Darfield from 1997 to 2017
1239C - We received an information request for all data regarding the change in nitrate concentration in the water supply of Rolleston and Darfield from 1997 – 2017.
Environment Canterbury does not monitor the quality of water supplies.  This is the responsibility of the water supplier.
However, we do occasionally collect samples from water supply wells to help us understand the groundwater system on a regional scale. In that capacity, we have collected a few samples from Darfield and Rolleston water supply wells in the past.
Our records list four wells that have supplied Darfield and eight that have supplied Rolleston, as detailed in the following table.
Well Number NZTM East NZTM North Well depth (m) Diameter (mm) Nitrate data
Darfield          
BX22/0006 1525994 5185659 245  300  
L35/0934 1529313 5191983      
L35/0980 1525941 5185699 246.8 400  
L35/1173 1533762 5185475 250.83 300 Yes
Rolleston          
BX23/0312 1549841 5172811 204 300  
M36/0026 1549008 5172830 56.1 200 Yes
M36/2298  1550583  5173513 99.5  250   
M36/2495  1551037  5173756 101.2   300  
M36/3922  1549818 5172903   200.7 300  Yes 
M36/7533  1549389  5173911  194.5  300  
M36/7833   1549011   5174033  190  300  
 M36/7835  1549033  5174630  123.1  300  

We have sampled only three of these wells, and the data we hold are very limited.  The nitrate data we hold are summarised in the following table.

Well Number Date sampled Nitrate Nitrogen (mg/L N)
L35/0980  1/06/2012 6.5 
L35/0980 30/08/2012 6.2
L35/0980 23/01/2013 6
M36/0026 02/08/1971 2.2
M36/0026 20/06/1983 3.4
M36/3922 6/12/1988 0.8
M36/3922 16/04/1999 0.97
Well Number Date sampled Nitrate Nitrogen (mg/L N)
L35/0980  1/06/2012 6.5 
L35/0980 30/08/2012 6.2
L35/0980 23/01/2013 6
M36/0026 02/08/1971 2.2
M36/0026 20/06/1983 3.4
M36/3922 6/12/1988 0.8
M36/3922 16/04/1999 0.97

The data show some clear differences in the nitrate concentrations in the three wells, related to the depths and locations of the wells.  The data do not give us enough information to analyse long-term trends. For example, well L35/0980 was sampled more recently than the other two wells, and the concentrations were higher, but that is not evidence of an increasing trend over time.  Instead, the difference is most like related to the locations of the wells. Note also that all of these concentrations are below the New Zealand drinking-water standard of 11.3 mg/L N.