Tasman District Council - Global River Works Consent (District Wide Except Specified Exclusions)

Decision Released: 2 March 2016

Update: Decision Released - 2 March 2016

  • A copy of the Commissioners' Decision can be found below.
  • If you have any questions regarding the decision, please contact Michael Croxford, Council’s Principal Resource Consents Advisor, at either michael.croxford@tasman.govt.nz or (03) 543 7241.

Documents

Decision Documents

  1. Tasman District Council - Global Rivers Consent - Decision
  2. Tasman District Council - Global Rivers Consent - Conditions

Right of Reply from Applicant

  1. Tasman District Council - Global Rivers Consent - Right of Reply
  2. Tasman District Council - Global Rivers Consent - Right of Reply - Appendix A
  3. Tasman District Council - Global Rivers Consent - Right of Reply - Appendix B
  4. Tasman District Council - Global Rivers Consent - Right of Reply - Appendix C
  5. Tasman District Council - Global Rivers Consent - Right of Reply - Appendix D
  6. Tasman District Council - Global Rivers Consent - Right of Reply - Appendix E
  7. Tasman District Council - Global Rivers Consent - Right of Reply - Appendix F

Directions Issued from Commissioners

  1. Tasman District Council - Global Rivers Consent - Commissioner Directions

Documents Presented at Hearing

  1. Tasman District Council - Global Rivers Consent - Applicants Legal Submissions
  2. Tasman District Council - Global Rivers Consent - Applicants Case Law
  3. Tasman District Council - Global Rivers Consent - Presented Documents - Fish and Game Council
  4. Tasman District Council - Global Rivers Consent - Statement - Friends of Nelson Haven & Tasman Bay

Submitters' Pre-circulated Evidence

  1. Tasman District Council - Global Rivers Consent - Submitter Evidence - Fish and Game Council

Applicant's Pre-circulated Evidence

  1. Tasman District Council - Global Rivers Consent - Applicants Evidence - Lieffering
  2. Tasman District Council - Global Rivers Consent - Applicants Evidence - Lieffering Appendix 1
  3. Tasman District Council - Global Rivers Consent - Applicants Evidence - Cameron
  4. Tasman District Council - Global Rivers Consent - Applicants Evidence - Griffith
  5. Tasman District Council - Global Rivers Consent - Applicants Evidence - Lowe
  6. Tasman District Council - Global Rivers Consent - Applicants Evidence - Gaze

Section 42A Report

  1. Tasman District Council - Global Rivers Consent - S42A Report
  2. Tasman District Council - Global Rivers Consent - S42A Report - Appendix 1
  3. Tasman District Council - Global Rivers Consent - S42A Report - Appendix 2
  4. Tasman District Council - Global Rivers Consent - S42A Report - Appendix 3
  5. Tasman District Council - Global Rivers Consent - S42A Report - Appendix 4

Copy of Application

  1. Tasman District Council - Global Rivers Consent - Covering Letter
  2. Tasman District Council - Global Rivers Consent - Application and Final AEE

Update: Commissioner Directions - 14 October 2015

  • On 14 October 2015 the Chairperson issued special directions relating to the submission of a revised set of consent conditions.
  • A copy of the Commissioner Directions can be found below.

Update: Pre-circulated Evidence

  • Two Independent Commissioners have been appointed to hear and decide on the application.
  • On 1 September 2015 the Chairperson issued special directions relating to pre-circulation of reports and expert evidence.
  • A copy of the S42A report is to be sent to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing on Friday, 18 September 2015.
  • The applicant must provide their briefs of evidence to Council by 4.00pm Friday, 25 September 2015;
  • Any person who has made a submission and who is intending to call expert evidence must provide briefs of the evidence from that expert to Council by 4.00pm Friday, 2 October 2015.
  • Copies of these reports will be circulated electronically and will be available below.
  • If you have any questions regarding the hearing procedures or if you have specific requirements regarding attendance or presenting at the hearing, please contact Michael Croxford, Council’s Principal Resource Consents Advisor, at either michael.croxford@tasman.govt.nz or (03) 543 7241.

Background

This application seeks to replace a global river works consent held by the Council. The Council has the responsibilities of a Catchment Board under the Soil Conservation & River Control Act 1941 (SCRCA).  The application seeks consent to be able to undertake works to fulfil those responsibilities. The river works activities which the Council undertakes can be divided into the following main types:

  1. River management: activities that take place within river channels to enhance channel stability and reduce the risk of flooding and erosion.  These activities include: river bank shaping, including bank battering and slump reinstatement; beach raking/ripping; non-extractive gravel management, including channel realignment, diversions, and gravel relocation; and, channel/drain clearance, including vegetation clearance on river banks, beds, berms and removal of obstructions
  2. Erosion control: construction and maintenance or erosion protection works to protect adjoining property and infrastructure from damage.  These include gabion walls, rock riprap, groynes, and various vegetative protection methods such as tree layering, and tree planting.
  3. Flood protection: minor improvements to, and maintenance of stopbanks to protect property from flooding and safeguard communities.
  4. Authorising and maintenance of coastal structures.  The majority of the works occur landward of the boundary of the coastal marine area (CMA), which is generally defined as the line of mean high water springs (MHWS) except where the Tasman Resource Management Plan defines some specified CMA boundaries upstream from the river mouths.  This application seeks retrospective authorisation for existing river control structures within the CMA that are currently unauthorised, and also for extending these structures if required.

Note: For the avoidance of doubt, the application does not seek any authorisation to construct new river control structures within the CMA nor does it cover any coastal protection structures, it only covers those existing structures within the CMA that are specifically designed for river management purposes.

There are ancillary activities that are common to these main areas of works such as vehicles/plant crossing flowing water, and earthworks (including vegetation removal) to construct access tracks.

This application includes relocation of gravel within beds of rivers, but it excludes gravel extraction.  An application for gravel extraction will be lodged separately.

It is noted that the Council holds separate resource consents for bridge maintenance works and application of herbicides for vegetation control.

Application Details

Applicant

Tasman District Council

Applicant’s Address for Service

C/- Engineering Department, Private Bag 4, Richmond 7050

Location

The location of the proposed activity is all rivers and other water bodies, their margins and where applicable the coastal marine area upstream of river mouths, within the jurisdictional boundary of Tasman District, but excluding the following:

  1. Waikoropupu Springs;
  2. All rivers within Abel Tasman National Park;
  3. All 24 Significant Natural Areas listed in Schedule 18.1A of the Tasman Resource Management Plan;
  4. All waters listed in Schedule 1 (Waters to be retained in Natural State) of the Buller River Water Conservation Order 2001; and,
  5. All waters listed in Schedule 1 (Waters to be retained in Natural State) of the Motueka River Water Conservation Order 2004.

Consent Type, Application Number and Proposal

Works in the Water (RM100851)

  • To undertake river management activities on land zoned Open Space, Recreation, Conservation, Rural Industrial and Papakainga under the Tasman Resource Management Plan (TRMP).
  • To relocate river bed material within the beds of rivers, including within active flowing channels.
  • To disturb river bed material within the beds of rivers outside the active flowing channels of rivers.
  • To remove non-gravel material (logs, woody debris, vegetation, sand, and silt) from the bed of rivers, including within the flowing active channel.
  • To shape (battering and slump reinstatement) the bank of rivers.
  • To plant trees, excluding crack and grey willow, on the beds of rivers.
  • To place and use culverts on the beds of rivers to provide temporary crossings for vehicles and/or machinery.
  • To construct, reconstruct, repair, maintain, extend and remove river control structures including the associated disturbance of the beds of rivers.
  • To construct, reconstruct, repair, or maintain flood control structures, including the associated disturbance of the beds of rivers and deposition of material, where those structures are within the bed of a river.
  • To place vegetation (layering and trenching) for erosion control purpose, including within beds of rivers.
  • To remove vegetation, including within beds of rivers.
  • To enter and pass across the beds of rivers, including through flowing water, by vehicles and/or machinery.

(excludes the removal of gravel from the riverbed)

Land Use Consent (RM100852)

  • To undertake earthworks outside the beds of rivers to create access tracks for the purposes of gaining access to waterways.
  • To graze stopbanks by stock that is not sheep or goats.
  • Remove vegetation.
  • To plant woody vegetation with a mature height of greater than 0.5 metres more than 10 metres from the banks of rivers.

Water Permit (RM100853)

  • To divert water into newly created channels within the bed of rivers.
  • To temporarily divert water required for the repair, maintenance, extension, or removal of structures.

Discharge to Water (RM100854)

  • To discharge contaminants into water from activities carried out in the beds of rivers (arising from the works described here).

Coastal Permit (RM100855)

  • Coastal Occupation/Structure - To authorise existing unauthorised river control structures within the coastal marine area (CMA).

Coastal Discharge (RM100856)

  • To discharge contaminants into water from activities carried out in the CMA (arising from the works described here).

Coastal Disturbance (RM100857)

  • To extend or add to existing river control structures which are located within the coastal marine area (CMA) (but not to construct new structures).

Links

Read more about how to make a submission

Return to the Currently Notified Applications page