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3.3.4 Implementation Methods – Water takes

3.3.4.1 Environmental Education

(Method to implement Section 3.3.3 Policies 8 and 9)

The Waikato Regional Council will through ongoing environmental education programmes:

  1. encourage the use of alternative water resources where there is over allocation
  2. encourage consent holders to review their current water takes to ensure water use is still required and their use of water is efficient (see Chapter 3.4 of this Plan)
  3. inform landowners and water users about the in-stream and groundwater values that need to be considered when assessing water take applications
  4. inform the community about water management and allocation as contained in the Variation. The implications for all water users will be identified.

3.3.4.2 Integration with Territorial Authorities

(Method to implement Section 3.3.3 Policy 9)

The Waikato Regional Council will work with Territorial Authorities to:

  1. develop appropriate land use provisions in district plans to avoid, remedy, or mitigate adverse effects of land use on groundwater aquifer yields, aquifer water quality, spring protection, river flows and wetland water levels;
  2. encourage and assist territorial authorities to adopt, through respective LTCCP processes, water demand management tools to plan and manage future projected water use;
  3. encourage the preparation of water management plans in accordance with Section 8.1.2.2 and applications to vary existing resource consent conditions to require existing domestic or municipal supply water takes to be undertaken in accordance with the water management plan.

3.3.4.3 Water User Groups/Voluntary Agreements

(Method to implement Section 3.3.3 Policies 17, 18, 19 and 21)

The Waikato Regional Council will, in order to assist and support the community to understand water management and allocation as an essential element of restoring and protecting water bodies:

  1. promote water user groups, or voluntary agreements between water users, to schedule takes and manage allocations.
  2. initiate and support water user groups to assist with allocations during times of restrictions or when the catchment is fully or over allocated.
  3. provide, where available, accurate technical information on which user groups can make decisions.

The Waikato Regional Council will further investigate how water user groups can be used to:

  1. assist with management of water allocated to abstractors;
  2. provide opportunities for shared investment in, and optimal use of water transport and storage infrastructure;
  3. make best use of available water.

3.3.4.4 Estimating Permitted Takes and s14(3)(b) Takes

(Method to implement Section 3.3.3 Policies 8 and 9)

In order to accurately assess the level of permitted takes and water takes for reasonable stock and domestic needs (s14(3)(b) of the RMA), the Waikato Regional Council will maintain a model to estimate the level of permitted takes. In consultation with stakeholders the Waikato Regional Council will also undertake audits of actual use in selected areas to coincide with relevant catchment investigation dates.

3.3.4.5 Investigations

(Method to implement Section 3.3.3 Policy 4)

The Waikato Regional Council will continue to monitor aquifers and surface waters to ensure water use is sustainable and in areas of high use will develop sustainable yield limits and allocable flows. The council will develop means of making water allocation information readily available to the public.

3.3.4.6 Development of Minimum and Allocable Flows for Surface Water Bodies and Sustainable Yields for Aquifers

(Method to implement Section 3.3.3 Policies 1, 2, 3 and 4)
In determining allocable flows, minimum flows and sustainable yields, the Waikato Regional Council will:

  1. Work with its iwi co-management partners and make use of a variety of recognised assessment methods as appropriate to the particular conditions, including maatauranga Maaori. In determining which combination of technical methods is most appropriate, guidance will be taken from any Integrated River Management Plan, any relevant planning document recognised by an iwi authority and lodged with the Council to the extent that its content has a bearing on water allocation, and the Ministry for the Environment – Environmental Flow Guidelines for Instream Values May 1998, or any subsequent update
  2. Consult with key affected parties including tangata whenua representatives, existing consent holders, domestic or municipal suppliers, Fish and Game New Zealand, Department of Conservation, industry organisations and local area water user groups.

All new entries into Tables 3-5 and 3-6 will be included by way of a Plan Change under the First Schedule of the RMA.

3.3.4.7 Groundwater Depletion of Surface Water

(Method to implement Section 3.3.3 Policy 10(i))
Waikato Regional Council will manage the surface water depletion effects identified by Policy 10 i) and Policy 12 w) using either one or both of the following methods.

  1. A groundwater take will have surface water restrictions imposed where there is a hydraulic connection between the two systems, and a restriction of the groundwater take will result in an increase in surface water flows during times of restrictions.
  2. Where a groundwater take is assessed under Policy 10 i) as impacting on surface water resources and this cannot be solely managed with restrictions on the groundwater take, the reduction in surface water flow occasioned by the groundwater take will be quantified and included in the surface water allocation regime used for assessing the cumulative allocation for the surface water takes in Chapter 3.3. The remainder of the groundwater take (the actual rate of take less the amount quantified as being a reduction in surface water flow) will be allocated against the sustainable yield in Table 3-6.

3.3.4.8 Assessment of hydrological flow statistics for water allocation

(Method to implement Section 3.3.3 Policy 1)
The Waikato Regional Council will maintain a technical report detailing the calculation of flow statistics used for water allocation at key flow recorder sites in the Region, including methods to remove the influence of existing surface water takes. In the Waikato River catchment upstream of the Karapiro Dam this includes the Council developing a model to remove the influence of the eight Waikato River hydro-generation dams, the Lake Taupo outlet gates and the Tongariro Power Scheme on the hydrology of the catchment for implementing Standard 3.3.4.27 f). The model shall be independently peer reviewed.

The flow statistics in the technical report will typically be reassessed five yearly, unless there are any significant changes to the flow regime in which case the technical report will be reassessed as soon as practical thereafter. The technical report will be published on the Waikato Regional Council website.
Advisory Note:

  • The Council will make available to stakeholders a peer review of the model described in this method and the results of periodic reviews of the data used in this model.

3.3.4.9 Review Allocable Flows/Sustainable Yields

(Method to implement Section 3.3.3 Policy 1)

Waikato Regional Council will review minimum flows and primary and secondary allocable flows of surface water or the Sustainable Yields in aquifers when:

  1. Targets and measures are incorporated into either the Vision and Strategy for the Waikato River promulgated under the Waikato River Co-management framework or the regional plan; or
  2. Investigations indicate that the matters listed in Section 3.3.3 Policies 1 and 4 cannot be provided for at current minimum or allocable flows; or
  3. Investigations indicate that the matters listed in either Policy 1 or 4 can be provided for at a different level of allocation than allowed for in either Table 3-5 or 3-6 respectively and that no adverse effects that are more than minor will occur; or
  4. The allocation reaches or exceeds 70 percent of the primary allocable flow for catchments listed as “all other catchments” in Table 3-5; or
  5. The allocation reaches or exceeds 70 percent of Management Level listed in Table 3-6; or
  6. Actual or potential adverse effects are occurring within a catchment due to high demand for surface or groundwater or when tangata whenua values as noted in Section 3.3.3 Policies 1 and 4 are shown to be adversely affected; or
  7. Investigations indicate that climate change is affecting surface water flows and sustainable yields in groundwater; or
  8. Investigations demonstrate that there are significant improvements in water quality which could enable more water to be allocated for out of stream uses; or
  9. Investigations indicate that the matters listed in Section 3.3.3 Policies 1 and 4 cannot be provided for at current minimum flows and primary and secondary allocable flows; or
  10. Catchment investigation date listed in Table 3-4A occurs; or
  11. Any significant changes to the inflow regime that occur in relation to the Waikato River catchment upstream of Karapiro Dam.

Table 3-4A Catchment Investigation Dates

Note:
Refer to water allocation maps 'Catchment Investigation Dates'.

Catchment or Sub-RegionCatchment Investigation Date - and on each 15th anniversary thereafter
Coromandel Peninsula (from the Waihou Catchment north) 1 July 2010
Waihou River including the sections of the streams which have their headwaters in the Waikato Region and their mouth in Bay of Plenty Region 1 July 2012
Piako River and all catchments flowing to the Firth of Thames along the Hunua and Hapuakohe Ranges 1 July 2014
West Coast (From Taranaki regional boundary to Auckland regional boundary excluding the Waikato Catchment) 1 July 2015
Waikato River (1) - Lake Taupo catchment above Huka Falls 1 July 2016

Waikato River (2) - Huka Falls to Karapiro Dam

1 July 2017
Waikato River (3)  - Karapiro Dam to Ngaruawahia at confluence of Waipa (including the Waipa River) 1 July 2019
Waikato River (4)  - Ngaruawahia at confluence of Waipa (excluding the Waipa River) to Mercer Bridge 1 July 2021
Waikato River (5) - Mercer Bridge to Waikato River Mouth 1 July 2023

3.3.4.10 Phasing Out Exceedences of the Table 3-5 Allocable Flows

(Method to implement Section 3.3.3 Policy 19)

Exceedences of the Table 3-5 allocable flows will be phased out by some or all of the following methods:

  1. Ceasing any new allocation of water (not including the replacement of previously consented taking of water subject to the requirements of s124B of the RMA after 9 August 2008)
  2. Encouraging voluntary reductions or promoting water augmentation/harvesting
  3. Reviewing conditions of existing consents to determine if any efficiency gains can be made, including through altering the volume, rate or timing of the take provided this does not invalidate the exercise of the consent for its original purpose
  4. Shared reduction across the catchment either by consent review for existing takes or as resource consents for takes expire. Shared reductions may also be achieved by anticipating the expiry of existing consents in a catchment
  5. Rostering users, so they are not all taking at once or alternatively reducing the rate of permissible takes
  6. Directing new applications or replacement of existing resource consents consider alternatives to the water take or to other potential sources of water (e.g. groundwater, water harvesting)
  7. Temporarily restricting the taking of water by the issuing of a water shortage direction under section 329 of the RMA
  8. Encouraging the establishment of catchment groups or voluntary agreements between water users to achieve necessary reductions in catchment water use
  9. Reduce permitted takes, excluding those provided for by s14 (3)(b) of the RMA, through a pro rata reduction in the rate of take and where necessary through a reduction in the daily permitted volume via a plan change
  10. Undertake an assessment of sustainable yield or allocable flow in accordance with Method 3.3.4.9
  11. Where there is an increase in allocation of water for domestic or municipal supply in a catchment where allocation exceeds 100% of the primary allocation in Table 3-5, there may be shared reduction across the catchment (taking into account the relative efficient use of the water taken) of all industrial, commercial or agricultural users of water (not being water used for human drinking purposes or human sanitation purposes), either by consent review or as consents expire. For the purpose of this provision industrial takes do not include takes associated with the generation of electricity from renewable energy sources.
  12. Where the allocation of water for milk cooling and dairy shed wash down allowed by Rules 3.3.4.12, 3.3.4.13, 3.3.4.19 and 3.3.4.20 results in allocation exceeding 100% of the primary allocable flows in Table 3-5, the Council may as a priority reduce that over allocation by reducing the amount of water allocated by existing consents to other dairy sector production land use activities (including pasture irrigation) before applying shared reductions across all other sectors. Except that, in the case of surface water, this provision shall only apply to the extent that the reduction achieved by the dairy sector equals the amount of water consented for milk cooling and dairy shed wash down under Rules 3.3.4.19 and 3.3.4.20, less the water allowed to be taken by those consent holders under Rule 3.3.4.13.

3.3.4.11 Conditions relating to Water Management Plans

(Method to implement Section 3.3.3 Policy 9 and Section 3.4.3 Policy 2)
The Waikato Regional Council will require a water management plan that meets the requirements of Method 8.1.2.2 to be submitted with any application for a resource consent for domestic or municipal supply, and will impose conditions on any consent granted requiring:

  1. Regular reviews of the water management plan;
  2. Reporting on the effectiveness of the plan in achieving water conservation and water demand management;
  3. Reporting on:
    1. Updated forecasted water demand;
    2. The basis on which those forecasts have been prepared (including breakdown on forecast requirements for domestic or municipal supply use);
    3. The maximum daily take required during the next reporting period and the rationale for this;
    4. Any uncertainties associated with growth data used in the calculation of future demand;
    5. In light of (i) to (iv), whether any reduction in the maximum daily water takes for the next reporting period is considered appropriate;
  4. Regular reviews of consent conditions to give effect to the matters identified in (b) and (c) above.

3.3.4.12 Permitted Activity Rule – Supplementary Groundwater Takes

(Implements Section 3.3.3 Policy 10 a)ii)

In addition to the taking of groundwater as allowed by s14(3)(b) of the RMA

  1. The taking of up to 1.5 cubic metres per day on sites equal to or less than one hectare; or
  2. The taking of up to 1.5 cubic metres per day on sites where the well is within 600 metres of the coastal marine area; or
  3. The taking of up to 15 cubic metres of groundwater per day on all other sites

by means of a well is a permitted activity subject to the following conditions:

  1. The take(s) shall be within a single site.
  2. The site of the activity shall not be within 100 metres of a Significant Geothermal Feature except for those features that are Recent Sinter or Hydrothermal Eruption Craters containing no geothermal pools or discharging geothermal features in which case the take shall not be located within 20 metres of the feature.
  3. The activity shall not result in salt water intrusion or any other contamination of the aquifer.
  4. The total of all takes from the aquifer does not exceed the Sustainable Yield if listed in Table 3-6.

Exception
This rule does not apply to:

  • The taking of geothermal energy and water.
  • The taking of water for a dam or diversion. Such takes are managed by the policies and rules in Chapter 3.6.

Advisory Notes:

  • The drilling and construction of a well for a water take is provided for under Rules 3.8.4.6, 3.8.4.7 and 3.8.4.8. Rule 3.3.4.8 provides control over the location of new wells.
  • Under s14(3)(b) of the RMA, the taking and using of water for an individual’s reasonable domestic needs and stock drinking water requirements are allowed without a resource consent, provided they do not, and are not likely to, have an adverse effect on the environment. Water taken under Parts 1 and 2 of this rule is in addition to that which may be taken for an individual’s domestic and stock watering needs.
  • Where a site with an existing permitted supplementary groundwater take is acquired by the owner of an adjacent site that also has an existing permitted supplementary groundwater take, both takes continue to be permitted activities.
  • Rules governing the take of geothermal energy and water are found in Module 7: Geothermal of this Plan.

3.3.4.13 Permitted Activity Rule - Supplementary Surface Water Takes

(Implements Section 3.3.3 Policy 8 a)ii)

In addition to the taking of surface water as allowed by s14(3)(b) of the RMA

  1. The taking of up to 1.5 cubic metres per day of water (calculated on a net take basis) from sites equal to or less than one hectare; or
  2. The taking of up to 30 cubic metres per day of water (calculated on a net take basis) from the main stem of the Waipa River downstream of Otorohanga (SH 31 bridge at Otorohanga) or from the main stem of the Waikato River downstream of Lake Taupo from sites that adjoin either of those rivers; or
  3. The taking of up to 15 cubic metres per day of water (calculated on a net take basis) from all other sites

from surface water is a permitted activity subject to the following conditions:

  1. The take(s) shall be within a single site.
  2. The net rate of the take, assessed in combination with all other authorised water takes, (all calculated on a net take basis) shall not exceed 100 percent of the primary allocable flows for catchments specified in Table 3-5.
  3. Any water take under this rule shall not be used for the same purpose for which a water take consent is held for the same site (so that the total water allocated to the site is accounted for within the consented amount to ensure no double accounting).
  4. The intake structure shall comply with the screen and velocity standards as set out in the Water Management Class for that water body (refer Chapter 3.2 of this Plan).
  5. The intake structure shall comply with the provisions in Rule 4.2.10.1 of this Plan.
  6. The water take shall not be from a water body classified as Natural State Water in the Water Management Class Maps.

Exception
This rule does not apply to:

  • The taking of geothermal energy and water; or to
  • Takes from wetlands or lakes (excluding artificial lakes and Lake Taupo).
  • The taking of water for a dam or diversion. Such takes are managed by the policies and rules in Chapter 3.6.

Advisory Note:

  • Under s14(3)(b) of the RMA, the taking and using of water for an individual’s reasonable domestic needs and stock drinking water requirements are allowed without a resource consent, provided they do not, and are not likely to, have an adverse effect on the environment. Water taken under Parts 1 and 3 of this rule is in addition to that which may be taken for an individual’s domestic and stock watering needs.
  • Where a site with an existing permitted supplementary surface water take is acquired by the owner of an adjacent site that also has an existing permitted supplementary surface water take, both takes continue to be permitted activities.
  • Rules governing the take of geothermal energy and water are found in Module 7: Geothermal of this Plan.
  • The assessment of cumulative allocation in this rule does not include that allocated by 3.3.4.22 Restricted Discretionary Activity Rule – Surface Water Harvesting.

3.3.4.14 Permitted Activity Rule – Temporary Takes

(Implements Section 3.3.3 Policies 8 a)iii), 10 a)iii))
The taking of up to 150 cubic metres of water per day (calculated on a net take basis for surface water takes) for no more than five days per annum from any river or aquifer is a permitted activity subject to the following standards and terms:

  1. The net rate of the take, assessed in combination with all other authorised water takes, shall not exceed 100 percent of the primary allocable flows for catchments specified in Table 3-5.
  2. For groundwater takes the well is not within 600 metres of the coastal marine area and the total rate of the take in combination with all other takes from the aquifer does not exceed the Sustainable Yield if listed in Table 3-6.
  3. The intake structure shall comply with the screen and velocity standards as set out in the Water Management Class for that water body (see Chapter 3.2 of this Plan) and with the provisions in Rule 4.2.10.1 of this Plan.
  4. This rule shall not apply when water restrictions are in place in accordance with Standard 3.3.4.27.
  5. Written notice of the location, time and duration of take shall be provided to the Waikato Regional Council 10 working days before works commence.

Exceptions
This rule does not apply to:

  • the taking of geothermal energy and water; or to
  • takes from wetlands or lakes (excluding artificial lakes and Lake Taupo).
  • The taking of water for a dam or diversion. Such takes are managed by the policies and rules in Chapter 3.6.

Advisory Note:

  • The assessment of cumulative allocation in this rule does not include that allocated by 3.3.4.22 Restricted Discretionary Activity Rule – Surface Water Harvesting.

3.3.4.15 Permitted Activity Rule - Well or Aquifer Testing

(Implements Section 3.3.3 Policy 10 a) iv))
The taking of groundwater for well or aquifer testing purposes (including water with a temperature in excess of 30 degrees Celsius) is a permitted activity subject to the following conditions:

  1. No test or tests for a well shall exceed a pumping period in excess of three days in duration.
  2. The rate of take shall not exceed 2,500 cubic metres or 2,500 tonnes per day.
  3. The site of the activity shall not be within 100 metres of a Significant Geothermal Feature except for those features that are Recent Sinter or Hydrothermal Eruption Craters containing no geothermal pools or discharging geothermal features in which case the take shall not be located within 20 metres of the feature.
  4. The Waikato Regional Council shall be notified in writing at least one week in advance of tests with a pumping period in excess of 24 hours.
  5. Records of the pump test(s) shall be kept by the owner, detailing flow rates, draw downs, and any information analysis. Copies shall be forwarded to the Waikato Regional Council within one month of completion.
  6. Where the temperature of the water taken exceeds 30 degrees Celsius the following additional information shall be provided in writing to the Waikato Regional Council within one month of completing testing:
    1. location of take and discharge
    2. geological log
    3. well/aquifer test results
    4. map of any deviated drilling
    5. temperature/pressure profiles.

Advisory Notes:

  • The drilling and construction of a well for a water take will require resource consent under Rule 3.8.4.8.
  • Refer also to Rules 3.5.8.1 and 3.5.8.2 regarding the discharge of well and aquifer testing water.

3.3.4.16 Controlled Activity Rule - Taking of Surface Water

(Implements Section 3.3.3 Policy 8 e)i) and Policy 9 b))

Except as permitted by Rules 3.3.4.13 and 3.3.4.14 of this Plan, the taking of surface water up to and including 70 percent of the allocable flow identified in Table 3-5 is a controlled activity (requiring resource consent) subject to the following standards and terms:

  1. The net rate of the take, assessed in combination with all other authorised water takes (all calculated on a net take basis), shall not exceed 70 percent of the primary allocable flows for catchments specified in Table 3-5
  2. The water take location shall not be within a water body classified as Natural State Water on the Water Management Class Maps.
  3. Where the take is for a domestic or municipal supply a water management plan which meets the requirements of Method 8.1.2.2 shall be provided.
  4. All applications to take water under this rule shall be assessed on a net take basis1

Exception
This rule does not apply to:

  • The taking of geothermal energy and water.
  • The taking of water for a dam or diversion. Such takes are managed by the policies and rules in Chapter 3.6.

Waikato Regional Council reserves control over the following matters:

  1. Measures to restore and protect the health and wellbeing of the water body for present and future generations
  2. The timing of abstraction, the (net) volume of water allocated and the rate at which water is abstracted, including daily and seasonal requirements and duration and timing of peak daily take rate, having regard to the efficiency and use of the water allocated and having regard to the matters contained in Policy 11.
  3. The carrying out of measurements, samples, analyses, inspections, recording and reporting having regard to the matters contained in Policy 16.
  4. Measures to avoid, remedy, or mitigate any adverse effects associated with the intake structure.
  5. Measures to satisfy the intake velocity and screening requirements for the protection of aquatic fauna having regard to standards identified in the Water Management Class standards in Section 3.2.4.
  6. The level(s) of priority to apply during water shortage conditions having regard to the matters contained in Policy 18 and Standard 3.3.4.27.
  7. Abstraction restrictions during water shortage conditions (including suspension of abstraction and rostering) having regard to the matters contained in Policies 17, 18 and Standard 3.3.4.27.
  8. The duration of the resource consent having regard to the matters contained in Policy 15 and Policy 18 and to future demands for water for domestic or municipal supply from the surface water body to which the application applies.
  9. Review date with respect to the catchment investigation date as detailed in Method 3.3.4.9 and Table 3-4A.
  10. The effect of the activity on the relationship of tangata whenua and their culture and traditions with their ancestral lands, water, sites, wahi tapu and other taonga.
  11. Measures to maintain and enhance tangata whenua uses and values of water, the ability to exercise kaitiakitanga, and measures to protect and enhance the mauri of water bodies.
  12. The need for and content of a water management plan as appropriate to the nature and scale of the proposed activity in accordance with Method 8.1.2.2.
  13. Measures to ensure that the net take is achieved whenever any consent granted under this rule is being exercised.

Advisory Notes:

  • The level of cumulative authorised abstraction occurring within a catchment is reported on the Waikato Regional Council website
  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.1of this Plan.
  • Rules governing the take of geothermal energy and water are found in Module 7: Geothermal of this Plan.
  • Rule 3.3.4.16 applies to all abstractors, including people/organisations taking water for domestic or municipal supply.
  • Any resource consent granted under this rule shall include a condition specifying the amount of water taken as a net take.
  • The assessment of cumulative allocation in this rule does not include that allocated by 3.3.4.22 Restricted Discretionary Activity Rule – Surface Water Harvesting.

3.3.4.17 Controlled Activity Rule – Taking of Surface Water for Cooling Water for the Huntly Power Station

(Implements Section 3.3.3 Policy 8 e)ii))
The taking of surface water from the Waikato River for cooling water at the Huntly Power Station is a controlled activity (requiring resource consent) subject to the following standards and terms;

  1. The net take by Huntly Power Station shall not exceed 0.7 cubic metres per second.
  2. All applications to take water under this rule shall be assessed2 on a net take basis.

Waikato Regional Council reserves control over the following matters:

  1. Measures to restore and protect the health and wellbeing of the water body for present and future generations.
  2. The timing of abstraction, the quantum of the net take, the timing thereof and volume of water allocated and the rate at which water is abstracted, including daily and seasonal requirements and duration and timing of peak daily take rate, having regard to the efficient use of the water by the existing infrastructure and having regard to the matters contained in Policy 11.
  3. The carrying out of measurements, samples, analyses, inspections, recording and reporting having regard to the matters contained in Policy 16.
  4. Measures to avoid, remedy or mitigate any adverse effects associated with the taking of water including the intake structure.
  5. Abstraction restrictions during water shortage conditions (including suspension of abstraction, rostering) having regard to the matters contained in Policies 17, 18 and Standard 3.3.4.27.
  6. Measures to satisfy the intake velocity and screening requirements for the protection of aquatic fauna.
  7. The duration of the resource consent having regard to the matters contained in Policy 15 and to future demands for water for domestic or municipal supply from the surface water body to which the application applies.
  8. Review date with respect to the catchment investigation date as detailed in Method 3.3.4.9 and Table 3-4A.
  9. The effect of the activity on the relationship of tangata whenua and their culture, and traditions with their ancestral lands, water, sites, wahi tapu and other taonga.
  10. Measures to maintain and enhance tangata whenua uses and values of water, the ability to exercise kaitiakitanga, and measures to protect and enhance the mauri of water bodies.
  11. Measures to ensure that any discharge taken into account when calculating the net take is being exercised whenever any consent granted under this rule is being exercised.

Advisory Note:

  • Any resource consent granted shall include a condition specifying the quantum of the net take.
  • The assessment of cumulative allocation in this rule does not include that allocated by 3.3.4.22 Restricted Discretionary Activity Rule – Surface Water Harvesting.

3.3.4.18 Controlled Activity Rule – Replacing Authorised Taking of Surface Water for Domestic or Municipal Water Supply

(Implements Section 3.3.3 Policy 9 a))
Except as permitted by Rule 3.3.4.13 any taking of surface water for the purposes of domestic or municipal supply is a controlled activity (requiring resource consent) subject to the following standards and terms:

  1. The take is described by Policy 9(a).
  2. The applicant shall prepare and provide a water management plan which meets the requirements of Methods 8.1.2.2.
  3. All applications to take water under this rule shall be assessed on a net take basis.

The Waikato Regional Council reserves control over the following matters:

  1. Measures to restore and protect the health and wellbeing of the water body for present and future generations.
  2. The timing of abstraction, the (net) volume of water allocated and the rate at which water is abstracted, including daily and seasonal requirements and duration and timing of peak daily take rate, having regard to the efficiency of the use of the water allocated and having regard to the matters contained in Policy 11.
  3. The carrying out of measurements, samples, analyses, inspections, recording and reporting having regard to the matters contained in Policy 16.
  4. The extent and location of riparian fencing and planting having regard to the applicant’s Riparian Vegetation Management Plan, the nature of the existing land use in the riparian margins, the length of riparian margin within the property adjacent to the intake structure, the scale of the take and the benefits of fencing and planting in the vicinity of the point of take relative to other locations.
  5. Measures to satisfy the intake screening requirements for the protection of aquatic fauna.
  6. Measures to avoid, remedy, or mitigate any adverse effects associated with the intake structure.
  7. The level(s) of priority to apply during water shortage conditions having regard to the matters contained in Policy 18 and Standard 3.3.4.27.
  8. Abstraction restrictions during water shortage conditions (including suspension of abstraction, rostering) having regard to the matters contained in Policies 17, 18 and Standard 3.3.4.27.
  9. The duration of the resource consent and future demands for domestic or municipal supply for water from the surface water body to which the application applies having regard to the matters contained in Policy 15 and Policy 19.
  10. Review date with respect to the catchment investigation date as detailed in Method 3.3.4.9 and Table 3-4A.
  11. The content and implementation of a water management plan submitted in compliance with standard and term d) of this rule.
  12. The effect of the activity on the relationship of tangata whenua and their culture and traditions with their ancestral lands, water, sites, wahi tapu and other taonga.
  13. Measures to maintain and enhance tangata whenua uses and values of water, the ability to exercise kaitiakitanga, and measures to protect and enhance the mauri of water bodies.
  14. Measures to ensure that the net take is achieved whenever any consent granted under this rule is being exercised.

Exception
This rule does not apply to:

  • The taking of geothermal energy and water.
  • The taking of water for a dam or diversion. Such takes are managed by the policies and rules in Chapter 3.6.

Advisory Note:

  • The level of cumulative authorised abstraction occurring within a catchment is reported on the Waikato Regional Council website
  • Any resource consent granted under this rule shall include a condition specifying the amount of water taken as a net take.
  • The assessment of cumulative allocation in this rule does not include that allocated by 3.3.4.22 Restricted Discretionary Activity Rule – Surface Water Harvesting.

3.3.4.19 Controlled Activity Rule – Taking of Surface Water for Existing Milk Cooling and Dairy Shed Wash Down

(Implements Section 3.3.3 Policies 6 b), 7 b) and 8 b))
Except as provided for by Rule 3.3.4.13 any taking of surface water described in 1 or 2 below for the purposes of milk cooling or dairy shed wash down is a controlled activity:

  1. For applications lodged prior to 1 January 2015 for takes that were existing prior to 15 October 2008 in catchments where the net rate of the take when assessed in combination with all other authorised water takes (all calculated on a net take basis) exceeds 100 percent of the combined primary and secondary flows set in Table 3-5; or
  2. For takes in catchments where the net rate of the take when assessed in combination with all other authorised water takes (all calculated on a net take basis) does not exceed 100 percent of the combined primary and secondary flows set in Table 3-5

subject to the following standards and terms:

  1. The water take shall not be from a water body classified as Natural State Water in the Water Management Class Maps.
  2. The take shall be for a single site
  3. The net amount of water taken is proven to be the same or less than that occurring prior to 15 October 2008.
  4. All stock on the property for which the water is taken and used shall be excluded from the river from which the take occurs by way of fencing, provided that the property owner also owns the land adjacent to that water body.
  5. A Riparian Vegetation Management Plan which meets the requirements of Method 3.3.4.28 shall be provided for the property for which the water is taken and used on and that plan shall specify the location and length of any streams whose riparian margins are to be planted and the proposed timing of that planting.
  6. The reticulation network for the water taken shall include leak detection mechanisms.
  7. All applications to take water under this rule shall be assessed on a net take basis.
  8. Any water take under this rule shall be deemed to include (as the first 15 cubic metres per day of such takes) all water that is permitted for the site pursuant to Rules 3.3.4.12 and 3.3.4.13 (so that the total water allocated to the site is accounted for within the consented amount to ensure no double accounting).

Waikato Regional Council reserves control over the following matters:

  1. Measures to restore and protect the health and wellbeing of the water body for present and future generations.
  2. The extent and location of riparian fencing and planting having regard to the applicant’s Riparian Vegetation Management Plan, the nature of the existing land use in the riparian margins, the length of riparian margin within the property adjacent to the intake structure, the scale of the take and the benefits of fencing and planting in the vicinity of the point of take relative to other locations.
  3. Adequacy and nature of mechanisms used to identify and remedy leaks.
  4. The timing of abstraction, the (net) volume of water allocated and the rate at which water is abstracted, including daily and seasonal requirements and duration and timing of peak daily take rate, having regard to the efficiency and use of the water allocated, the number of cows milked (as at October 2008) and having regard to the matters contained in Policy 11 and Policy 19.
  5. The carrying out of measurements, samples, analyses, inspections, recording and reporting having regard to the matters contained in Policy 16.
  6. Measures to avoid, remedy, or mitigate any adverse effects associated with the intake structure.
  7. Measures to satisfy the intake velocity and screening requirements for the protection of aquatic fauna having regard to standards identified in the Water Management Class standards in Section 3.2.4.
  8. The level(s) of priority to apply during water shortage conditions conditions having regard to the matters contained in Policy 18 and Standard 3.3.4.27.
  9. Abstraction restrictions during water shortage conditions (including suspension of abstraction and rostering) having regard to the matters contained in Policies 17, 18 and Standard 3.3.4.27.
  10. The duration of the resource consent having regard to Policy 15 and to future demands for water for domestic or municipal supply from the surface water body to which the application applies.
  11. Review date with respect to the catchment investigation date as detailed in Method 3.3.4.9 and Table 3-4A.
  12. The effect of the activity on the relationship of tangata whenua and their culture, and traditions with their ancestral lands, water, sites, wahi tapu and other taonga.
  13. Measures to maintain and enhance tangata whenua uses and values of water, the ability to exercise kaitiakitanga, and measures to protect and enhance the mauri of water bodies.
  14. Measures to ensure that any discharge taken into account when calculating the net take is being exercised whenever any consent granted under this rule is being exercised

Advisory Note:

  • Any resource consent granted shall include a condition specifying the quantum of the net take.
  • For the purpose of determining the maximum volume of take as at 15 October 2008 the Waikato Regional Council shall have regard to water use monitoring records held by the applicant, or where no such records exist, shall generally calculate the volume based on the number of cows proven by the applicant to have been milked on the subject site at that time multiplied by 70 litres per cow.
  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.1 of this Plan.
  • Under Rule 4.2.18.1 of this Plan a consent is required for planting and fencing within 10 metres (except in the Hauraki District Council and Aka Aka Otaua Drainage areas where a 15 metre distance applies) of the water bodies listed in Table 4-1. The consent requirements of Rule 4.2.18.1 will be dealt with contemporaneously by WRC when assessing consent applications under Rule 3.3.4.19.

3.3.4.20 Controlled Activity Rule – Taking of Groundwater for Existing Milk Cooling and Dairy Shed Wash Down

(Implements Section 3.3.3 Policy 10b))
Except as permitted by Rule 3.3.4.12 any taking of groundwater for the purposes of milk cooling and dairy shed wash down is a controlled activity subject to the following standards and terms:

  1. The take shall be for a single site .
  2. The take is from a well:
    1. Greater than 600 metres from the coastal marine area or 100 metres from a lake or stream; or
    2. Greater than 100 metres from a Significant Geothermal Feature except for those features that are Recent Sinter or Hydrothermal Eruption Craters containing no geothermal pools or discharging geothermal features in which case the take shall not be located within 20 metres of the feature; or
    3. Greater than 100 metres from any other wells, except if the other well is also owned by the applicant.
    4. With the upper extent of the screen being at a depth greater than 40 metres below ground level.
  3. The take shall not result in salt water intrusion or any other contamination of the aquifer.
  4. The net amount of groundwater taken is proven to be the same or less as was occurring prior to 15 October 2008
  5. The reticulation network for the water taken shall include leak detection mechanisms
  6. The well(s) used for the taking of water are registered with Waikato Regional Council.
  7. Any water take under this rule shall be deemed to include (as the first 15 cubic metres per day of such takes) all water that is permitted for the site pursuant to Rules 3.3.4.12 and 3.3.4.13 (so that the total water allocated to the site is accounted for within the consented amount to ensure no double accounting)

Waikato Regional Council reserves control over the following matters:

  1. Adequacy and nature of mechanisms used to identify and remedy leaks.
  2. The timing of abstraction, the (net) volume of groundwater allocated and the rate at which groundwater is abstracted, including daily and seasonal requirements and duration and timing of peak daily take rate, having regard to the efficiency and use of the groundwater allocated having regard to the number of cows milked (as at October 2008), to the matters contained in Policy 12, and to the matters contained in Policy 11 where appropriate.
  3. The carrying out of measurements, samples, analyses, inspections, recording and reporting having regard to the matters contained in Policy 16.
  4. Measures to avoid, remedy, or mitigate any adverse effects associated with the abstraction, including drawdown interference effects on neighbouring groundwater takes.
  5. Abstraction restrictions during water shortage conditions (including suspension of abstraction and rostering) having regard to the matters contained in Policies 17, 18 and Standard 3.3.4.27.
  6. The duration of the resource consent having regard to the matters contained in Policy 11 and to future demands for water for domestic or municipal supply from the groundwater body to which the application applies.
  7. Review date with respect to the catchment investigation date as detailed in Method 3.3.4.9 and Table 3-4A.
  8. The effect of the activity on the relationship of tangata whenua and their culture, and traditions with their ancestral lands, water, sites, wahi tapu and other taonga.
  9. Measures to maintain and enhance tangata whenua uses and values of water, the ability to exercise kaitiakitanga, and measures to protect and enhance the mauri of water bodies.

Advisory Note:

  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.1 of this Plan. In addition, assessment shall also take into account the matters identified in Policies 1 - 14 of Section 3.3.3.
  • For the purpose of determining the maximum volume of take as at 15 October 2008 the Waikato Regional Council shall have regard to water use monitoring records held by the applicant, or where no such records exist, shall generally calculate the volume based on the number of cows proven by the applicant to have been milked on the subject site at that time multiplied by 70 litres per cow.

3.3.4.21 Restricted Discretionary Activity Rule – The Taking of Surface Water

(Implements Section 3.3.3 Policy 8 e) iii) and Policy 9 c))

  1. Any taking of surface water unable to comply with Rules 3.3.4.16, 3.3.4.17 or 3.3.4.18; or
  2. The taking of surface water exceeding 70 percent and up to and including 100 percent of the primary allocable flow of water from catchments as identified in Table 3-5

is a restricted discretionary activity (requiring resource consent) subject to the following standards and terms:

  1. The net rate of the take, assessed in combination with all other authorised water takes (all calculated on a net take basis), shall not exceed 100 percent of the primary allocable flows for catchments specified in Table 3-5;
  2. Where the take is for a domestic or municipal supply a water management plan which meets the requirements of Method 8.1.2.2 shall be provided;
  3. All applications to take water under this rule shall be assessed on a net take basis.3

Exception
This rule does not apply to:

  • The taking of geothermal energy and water.
  • The taking of water for a dam or diversion. Such takes are managed by the policies and rules in Chapter 3.6.

The Waikato Regional Council restricts its discretion over the following matters:

  1. Measures to restore and protect the health and wellbeing of the water body for present and future generations.
  2. The matters contained in Policy 8.
  3. The timing of abstraction, the (net) volume of water allocated and the rate at which water is abstracted, including daily and seasonal requirements and duration and timing of peak daily take rate, having regard to the efficiency and use of the water allocated.
  4. Where the application is for a domestic or municipal supply the content and implementation of a water management plan.
  5. The carrying out of measurements, samples, analyses, inspections, recording and reporting having regard to the matters contained in Policy 12.
  6. Measures to avoid, remedy, or mitigate any adverse effects associated with the intake structure.
  7. Measures to satisfy the intake screening requirements for the protection of aquatic fauna.
  8. The level(s) of priority to apply during water shortages having regard to the matters contained in Policy 18 and Standard 3.3.4.27.
  9. Abstraction restrictions during water shortage conditions (including suspension of abstraction and rostering) having regard to the matters contained in Policies 17, 18 and Standard 3.3.4.27.
  10. The duration of the resource consent and future demands for domestic or municipal supply for water from the surface water body on which the application applies having regard to the matters contained in Policy 15 and Policy 19.
  11. Review date with respect to the catchment investigation date as detailed in Method 3.3.4.9 and Table 3-4A.
  12. The effect of the activity on the relationship of tangata whenua and their culture, and traditions with their ancestral lands, water, sites, waahi tapu and other taonga.
  13. Measures to maintain and enhance tangata whenua uses and values of water, the ability to exercise kaitiakitanga, and measures to protect and enhance the mauri of water bodies.
  14. Measures to ensure that the net take is achieved whenever any consent granted under this rule is being exercised.

Advisory Notes:

  • The level of cumulative authorised abstraction occurring within a catchment is reported on the Waikato Regional Council website
  • Rules governing the take of geothermal energy and water are found in Module 7: Geothermal, of this Plan.
  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.1 of this Plan.
  • Any resource consent granted under this rule shall include a condition specifying the amount of water taken as a net take.
  • The assessment of cumulative allocation in this rule does not include that allocated by 3.3.4.22 Restricted Discretionary Activity Rule – Surface Water Harvesting.

3.3.4.22 Restricted Discretionary Activity Rule – Surface Water Harvesting

(Implements Section 3.3.3 Policy 20)
The taking of surface water (calculated on a net take basis) for the purposes of water harvesting is a restricted discretionary activity (requiring resource consent) subject to the following standards and terms:

  1. The take shall not occur in the Waikato River catchment upstream of the Karapiro Dam
  2. In circumstances where water is only taken when the river flow is greater than the median flow, and the total amount of water taken by way of water harvesting shall not exceed 10% of the flow in the river at the time of abstraction,
  3. All applications to take water under this rule shall be assessed on a net take basis4.
  4. The take shall cease if the average flow for the previous seven days falls below the median flow.

Waikato Regional Council restricts its discretion over the following matters:

  1. Measures to restore and protect the health and wellbeing of the water body for present and future generations;
  2. The matters contained in Policy 11.
  3. The timing of abstraction, the (net) volume of water allocated and the rate at which water is abstracted, including daily and seasonal requirements and duration and timing of peak daily take rate, having regard to the efficiency and use of the water allocated.
  4. The carrying out of measurements, samples, analyses, inspections, recording and reporting having regard to the matters contained in Policy 16.
  5. Measures to avoid, remedy, or mitigate any adverse effects associated with the intake structure.
  6. Measures to satisfy the intake velocity and screening requirements for the protection of aquatic fauna having regard to standards identified in the Water Management Class standards in Section 3.2.4.
  7. The level(s) of priority to apply during water shortage conditions having regard to the matters contained in Policy 18 and Standard 3.3.4.27.
  8. Abstraction restrictions during water shortage conditions (including suspension of abstraction and rostering) having regard to the matters contained in Policies 17, 18 and Standard 3.3.4.27.
  9. The duration of the resource consent having regard to the matters contained in Policy 15 and Policy 19.
  10. Review date with respect to the catchment investigation date as detailed in Method 3.3.4.9 and Table 3-4A.
  11. The effect of the activity on the relationship of tangata whenua and their culture, and traditions with their ancestral lands, water, sites, wahi tapu and other taonga.
  12. Measures to maintain and enhance tangata whenua uses and values of water, the ability to exercise kaitiakitanga, and measures to protect and enhance the mauri of water bodies.
  13. The need for and content of a water management plan as appropriate to the nature and scale of the proposed activity in accordance with Method 8.1.2.2.
  14. Effects on the generation of electricity.
  15. Measures to ensure that the net take is achieved whenever any consent granted under this rule is being exercised.
  16. Measures monitor and manage the take to ensure water is only taken when the river flow is greater than the median flow, and the total amount of water taken by way of water harvesting shall not exceed 10% of the flow in the river at the time of abstraction.

Advisory Note:

  • Any resource consent granted shall include a condition specifying the quantum of the net take.
  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.1 of this Plan.
  • With regard to monitoring and managing the water harvesting take, the Waikato Regional Council’s preference is for electronic measuring devices that provide real time monitoring information to the applicant and the Council with respect to the times when the water harvesting is occurring and with respect to the gauged median flow of surface water in the river.

3.3.4.23 Discretionary Activity Rule – Surface Water Takes

(Implements Section 3.3.3 Policy 7e) and f), Policy 8 c), d) e)iv)) and Policy 9 d)

The taking of surface water that:

  1. Is a non-qualifying s14(3)(b) take described by Policy 8 c) or
  2. Is a supplementary take or a temporary take described by Policy 8 d), or
  3. Except as provided for by Rules 3.3.3.17, 3.3.4.18 and 3.3.4.19, is a take that when assessed in combination with all other authorised water takes (all calculated on a net take basis), exceeds the primary allocable flow but is less than the combined primary and secondary allocable flows in Table 3-5, or
  4. Is an existing take described by Policy 7(e); or
  5. Is a zero net take described by Policy 7(f); or
  6. Is a new take for domestic or municipal supply described by Policy 7(g) and Policy 9(d); or

is a discretionary activity (requiring resource consent) subject to the following standards and terms:

  1. The water take shall not be from a Natural State water body, wetland or lake (excluding artificial lakes, hydro electricity reservoirs, Lake Rotoaira and Lake Taupo.
  2. Except in relation to applications for domestic and municipal supply, for existing surface takes in catchments exceeding the combined primary and secondary flows in Table 3-5 a Riparian Vegetation Management Plan which meets the requirements of Method 3.3.4.28 shall be provided for the property for which the water is taken and used on and that plan shall specify the location and length of any streams whose riparian margins are to be planted and the proposed timing of that planting.
  3. For domestic or municipal supply takes the applicant must have prepared a water management plan which meets the requirements of Section 8.1.2.2 of this Plan and that water management plan must be made available to the Waikato Regional Council and the Waikato River Iwi within whose rohe the take is located.
  4. All applications to take water under this rule shall be assessed on a net take basis.
  5. Any water take under this rule shall include all water that is permitted for the site pursuant to Rules 3.3.4.12 and 3.3.4.13 (so that the total water allocated to the site is accounted for within the consented amount to ensure no double accounting).

Exception
This rule does not apply to:

  • The taking of geothermal energy and water.
  • The taking of water for a dam or diversion. Such takes are managed by the policies and rules in Chapter 3.6.

Advisory Notes:

  • The level of cumulative authorised abstraction occurring within a catchment is reported on the Waikato Regional Council website.
  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.1 of this Plan.
  • In general, takes assessed in combination with all other existing authorised water takes which exceed 100 percent of the combined primary and secondary allocable flow identified in Table 3-5 are a non-complying activity in accordance with Rule 3.3.4.26.
  • Any resource consent granted under this rule shall include a condition specifying the amount of water taken as a net take.
  • Under Rule 4.2.18.1 of this Plan a consent is required for planting and fencing within 10 metres (except in the Hauraki District Council and Aka Aka Otaua Drainage areas where a 15 metre distance applies) of the water bodies listed in Table 4-1. The consent requirements of Rule 4.2.18.1 will be dealt with contemporaneously by WRC when assessing consent applications under Rule 3.3.4.19.

3.3.4.24 Discretionary Activity Rule – Groundwater Takes

(Implements Section 3.3.3 Policy 10 c), f), g)i))
The taking of groundwater that, when assessed in combination with all other authorised takes from the same aquifer:

  1. Is a supplementary take, temporary take or well and aquifer testing take that does not comply with Rules 3.3.4.12, 3.3.4.14 or 3.3.4.15; or
  2. Is a non-qualifying s14(3)(b) take described by Policy 10 c); or
  3. Does not exceed the Sustainable Yield if listed in Table 3-6; or
  4. Is from an aquifer that is not listed in Table 3-6; or
  5. Is for domestic or municipal supply takes where a water management plan is provided that meets the requirements of Method 8.1.2.2 of this Plan.

is a discretionary activity (requiring resource consent)

Exception

This rule does not apply to the taking of geothermal energy and water.

Advisory Notes:

  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.1 of this Plan.
  • Rules governing the take of geothermal energy and water are found in Module 7: Geothermal of this Plan.

3.3.4.25 Non-Complying Activity Rule – Surface Water Takes From Wetlands, Natural State Water Bodies and Lakes

(Implements Section 3.3.3 Policy 8 f))

Notwithstanding any other rule in this Plan, the taking of water (calculated on a net take basis) from Natural State water bodies, wetlands (that are referred to in Section 3.7.7 of the this Plan or meet the criteria of Appendix 3 of the RPS) and lakes (excluding artificial lakes, hydro electricity reservoirs, Lake Rotoaira and Lake Taupo) is a non-complying activity (requiring resource consent) subject to the following standard and term:
a) All applications to take water under this rule shall be assessed on a net take basis5.

Advisory Notes:

  • For the avoidance of doubt, the lake impounded by the Rangipo Dam on the Tongariro River is a hydro electricity reservoir and Lake Elliot (Grid Reference NZMS 260 U17 753836) is an artificial lake.
  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.1 of this Plan.
  • Any resource consent granted under this rule shall include a condition specifying the amount of water taken as a net take.
  • The assessment of cumulative allocation in this rule does not include that allocated by 3.3.4.22 Restricted Discretionary Activity Rule – Surface Water Harvesting.

3.3.4.26 Non-Complying Activity Rule - Water Takes

(Implements Section 3.3.3 Policy 8 e)v)), Policy 9 e) and Policy 10 g)ii))

Except as provided in Rules 3.3.4.17, 3.3.4.18, 3.3.4.19, 3.3.4.20, 3.3.4.23, 3.3.4.24 and 3.3.4.25 and the takes described by Policy 6 the taking of groundwater or surface water (surface water calculated on a net take basis) that:

  1. Is for a surface water take which when assessed in combination with all other authorised water takes exceeds the combined primary and secondary allocable flows in Table 3-5; or
  2. Is for a surface water harvesting take which when assessed in combination with all other authorised surface water harvesting water takes exceeds the limits set in Policy 20 b); or
  3. Is for a groundwater take which exceeds the Sustainable Yields (if listed) in Table 3-6, or
  4. Is for domestic or municipal supply and a water management plan developed in accordance with Method 8.1.2.2 has not been provided to the Waikato Regional Council and to the Waikato River Iwi within whose rohe the take is located.
    is a non-complying activity (requiring resource consent)

Exception

This rule does not apply to:

  • The taking of geothermal energy and water.
  • The taking of water for a dam or diversion. Such takes are managed by the policies and rules in Chapter 3.6.

Advisory Notes:

  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.1 of this Plan
  • Rules governing the take of geothermal energy and water are found in Module 7: Geothermal of this Plan.
  • Any resource consent granted under this rule in relation to a surface water take shall include a condition specifying the amount of water taken as a net take.
  • The assessment of cumulative allocation in this rule does not include that allocated by 3.3.4.22 Restricted Discretionary Activity Rule – Surface Water Harvesting.

3.3.4.27 Standard - How Water Shortage Restrictions Shall Apply

(Implements Section 3.3.3 Policies 8 g), 10 h), 17 and 18)

  1. Restrictions on water takes directly from surface water bodies will occur in the following manner and order, unless existing water take resource consents already contain conditions requiring the restriction or cessation of taking at times of river low flow or in other circumstances in which case the resource consent conditions shall prevail:
    1. Priority SW-E users will be required to cease taking if the average flow for the previous seven days falls below the median flow.
    2. Priority SW-D users will be required to cease their taking if the average flow for the previous seven days is less than the minimum flows specified in Table 3-5.
    3. Priority SW-C users will be required to reduce their net daily take rate by 50 percent of the authorised amount (when averaged over any two consecutive days, unless undertaken in accordance with Part c) of this Standard) when river flows fall below the minimum flows specified in Table 3-5, three or more days after part a) ii) of this Standard has been implemented.
    4. If the river flow falls below the minimum flows specified in Table 3-5, seven or more days after part a) iii) of this Standard has been implemented:
      • Priority SW-C users will be required to reduce their net daily take rate by 75 percent of the authorised amount (which reduction must be effected on any one day, not averaged over four days unless undertaken in accordance with Part c) of this Policy), and
      • Priority SW-B users will be required to reduce their net daily take rate (averaged over any two consecutive days unless undertaken in accordance with Part c) of this Standard) by 15 percent of the authorised amount.
      • Priority SW-A users will not be required to reduce their net daily net take rate
  2. Where there are no SW-D users the restrictions specified in a) iii) will be implemented if the average flow for the previous seven days is less than the minimum flow in Table 3-5.
  3. The Waikato Regional Council may issue Water Shortage Directions under s329 RMA if surface water flows continue to fall below the minimum flow after implementing parts a) ii), iii), or iv) of this Standard.
  4. Restrictions under parts a) ii), iii), or iv) of this Standard may be implemented by water user groups, voluntary agreements between water users, or transfer of water permits as approved by the Waikato Regional Council.
  5. Priority GW-A and GW-B users taking directly from groundwater will not be restricted except as provided for under s329 RMA (Water Shortage Direction) by Policy 19 and Methods 3.3.4.9, 3.3.4.7 and 3.3.4.10.
  6. In the Waikato River catchment upstream of Karapiro Dam, restrictions will be deemed to occur when calculated natural flows (calculated for the relevant natural inflows to Lake Taupo and the Waikato River above Karapiro Dam) fall below the minimum natural flows calculated using the relevant minimum flow percentages in Table 3-5.

Advisory Note

  • Standard 3.3.4.27 part f), ‘natural flows’ are flows where the influence of the eight Waikato River hydro-generation dams, Lake Taupo outlet gates and the Tongariro Power Scheme on the hydrology of the catchment have been removed. These flows will be determined by the model referred to in Method 3.3.4.8.

3.3.4.28 Standard – How riparian planting and stock exclusion fencing shall apply

(Implements Section 3.3.3 Policies 7, 11 n) and 11 x))
The contents of a Riparian Vegetation Management Plan prepared as part of a consent application to take water shall meet the following requirements:

  1. Extent of riparian fencing and planting:
    1. Notwithstanding Rules 4.3.5.4 and 4.3.5.5, where stock are or are likely to be present, riparian fencing and planting should generally be undertaken within the property along the full extent of the water body from which the take occurs, or the equivalent length of tributary water bodies on the property or another property in the catchment;
    2. All fencing undertaken should generally be permanent and effectively exclude all livestock present;
    3. Where stock exclusion fencing is not required (i.e. there are no livestock on the affected property) or is already in place, riparian planting should generally be undertaken within the property along the full extent of the water body, or the equivalent length of tributary water bodies.
  2. Timeframes for implementation of fencing and/or planting:
    1. Fencing must be completed within 3 years of a water take consent being granted;
    2. Riparian planting must be progressively completed over the term of the water take consent;
    3. Where stock exclusion fencing is not required (i.e. there are no livestock on the affected property) or is already in place, riparian planting must be progressively completed over the term of the water take consent.
  3. Minimum riparian width:
    1. Fences must be set back a minimum of 3 metres from the top of the bank6,
    2. Riparian planting must be undertaken within the full extent of the riparian setback. Where fencing is not required the riparian margin which is planted must be at least 3 metres wide from the top of the bank.
  4. Planting requirements:
    1. Where no suitable planting already exists, a minimum of 80% of riparian plantings shall be made up of native plant species appropriate to the characteristics of the site and catchment (e.g. climate, size of stream, flood risk, erosion, local native flora, potential, and slope);
    2. Plantings must be undertaken at a density of no less than 2500 stems per hectare and shall be maintained (including replacement of losses and control of pest species) accordingly during the term of the consent.

Advisory Note:

  • Fencing and riparian planting may be undertaken on a property other than the property containing the water body from which the water is taken provided that property is in the same catchment. As a guide Waikato Regional Council will generally require riparian fencing and planting over a length equivalent to the full extent of the water body within the property from which the take occurs. However, depending on the site-specific circumstances, the Waikato Regional Council may modify this requirement by altering the extent of fencing and/or planting.

Table 3-5: Allocable Flows for Surface Water

  • Refer to water allocation maps ‘Surface Water Allocation Catchments,’ as directed by the relevant map and catchment numbers in this table to identify the catchment areas to which the allocable and minimum flows relate:
  • For catchments where the allocable or minimum flow is the same for the upland and lowland sub-catchments (e.g. Hapuakohe Range (Piako catchment)) information is only listed in the section of the table relating to the lowland sub-catchments.
  • Table 3-5 specifies the percentage of the Q5 flow which is able to be allocated and the portion required for the minimum flow as established in Policy 1 and Policy 2. The Q5 flow will need to be calculated at the point of take and at each affected downstream reach. The Waikato Regional Council in many cases will be able to provide known values of Q5 for many locations in the region. However, where these are unknown applicants will need to provide a calculation of the Q5 flow.

Catchment

Upland Catchments

Lowland Catchments

Flows: % of Q5

Map #

(catchment #)

Flows: % of Q5

Map #

(catchment #)

Primary Allocable

Secondary Allocable

Minimum

Primary Allocable

Secondary Allocable

Minimum

Hakarimata range

5

25

95

4 (68)

20

10

80

4 (51)

Hapuakohe Range (Piako catchment)

N/A

N/A

N/A

N/A

5

25

95

3 (238)

Kairoa

N/A

N/A

N/A

N/A

30

0

70

1 (118)

Kaniwhaniwha (Pirongia)

N/A

N/A

N/A

N/A

0

30

100

4/7 (86)

Karapiro Stream

10

20

90

6(48)

30

0

70

6 (7)

Kirikiriroa

N/A

N/A

N/A

N/A

30

0

70

4 (8)

Kiwitahi (Piako R)

N/A

N/A

N/A

N/A

5

25

95

5/6 (242)

Komakorau

N/A

N/A

N/A

N/A

30

0

70

4/5 (9)

Mangaio (Pirongia)

N/A

N/A

N/A

N/A

20

10

80

7 (87)

Mangakara (Pirongia)

N/A

N/A

N/A

N/A

20

10

80

7 (88)

Mangakaware

N/A

N/A

N/A

N/A

30

0

70

7 (12)

Mangakotukutuku

N/A

N/A

N/A

N/A

0

30

100

4 (80)

Mangamauku - Domestic or municipal supply only. (Pirongia)

N/A

N/A

N/A

N/A

30

0

70

7 (89)

Mangamutu (Te Kura)

5

25

95

9 (66)

20

10

80

9 (38)

Mangaokewa

5

25

95

9/10 (49)

20

10

80

9/10 (10)

Mangaone

N/A

NA

N/A

N/A

20

10

80

6 (110)

Mangaonua

10

20

90

6 (107)

30

0

70

6 (141)

Mangaorongo (inc. some minor streams on Waipa R)

0

30

100

10 (56)

20

10

80

7/9/10 (11/72)

Mangaotama

N/A

NA

N/A

N/A

30

0

70

7 (13)

Mangapapa (Piako R)

N/A

NA

N/A

N/A

5

25

95

6 (241)

Mangapiko (inc. some minor streams on Waipa R)

10

20

90

8 (82)

20

10

80

7/8 (17/81)

Mangapu

10

20

90

9 (50)

30

0

70

9 (18)

Mangarapa (Mangapu)

N/A

NA

N/A

N/A

5

25

95

9/10 (19)

Mangatangi and Ruaotehuia

Auckland Regional Plan continues to apply pursuant to section 81(1) of the Resource Management Act 1991

1 (114)

20

10

80

1 (178)

Mangatawhiri

Auckland Regional Plan continues to apply pursuant to section 81(1) of the Resource Management Act 1991

1 (400)

30

0

70

1 (101)

Mangatutu (Puniu R.)

0

30

100

8/10 (57)

5

25

95

8/10 (20)

Mangauika - Domestic or municipal supply only. (Pirongia)

N/A

NA

N/A

N/A

30

0

70

7 (90)

Mangawara (inc. minor streams on Waikato R)

10

20

90

3/4/5 (58/59)

20

10

80

4/5 (21)

Mangawawa - Domestic or municipal supply only. (Pirongia)

N/A

NA

N/A

N/A

30

0

70

7 (91)

Mangawhero

N/A

NA

N/A

N/A

30

0

70

6/8 (23)

Mangawhero (Te Kawa)

N/A

NA

N/A

N/A

30

0

70

7/8 (22)

Mangawhero South (Sth Otorohanga)

5

25

95

10 (60)

20

10

80

9 (25)

Moakurarua

0

30

100

7/9 (61)

10

20

90

7 (26)

Mystery Creek

N/A

NA

N/A

N/A

30

0

70

8 (27)

Ngakoaohia (Pirongia)

N/A

NA

N/A

N/A

0

30

100

7 (92)

Ngaruawahia sub catchments (exc. Waikato R. main stem)

0

30

100

4 (73)

30

0

70

4 (74)

Ngutunui (Moakurarua)

N/A

NA

N/A

N/A

0

30

100

7 (94)

Nukuhau (inc. minor streams on Waikato R)

N/A

NA

N/A

N/A

0

30

100

4 (77)

Ohote

N/A

NA

N/A

N/A

30

0

70

4 (33)

Ongaruhe (inc. neighbouring tributaries of the Waipa R)

10

20

90

7/9 (63)

30

0

70

7 (62)

Opitonui (Coromandel)

0

30

100

14 (277)

10

20

90

14 (354)

Orahiri (inc. some minor streams on Waipa R)

0

30

100

9 (64)

30

0

70

9 (34)

Parker Lane

N/A

NA

N/A

N/A

30

0

70

1 (119)

Piako

10

20

90

3/5/6 (251)

30

0

70

3 (237)

Pokaiwhenua

30

0

70

11 (99)

10

20

90

11 (299)

Puniu

0

30

100

8/10 (65)

10

20

90

7/8 (35)

Rangitukia (Pirongia)

N/A

NA

N/A

N/A

0

30

100

7 (95)

Stony (Coromandel)

Refer to “All other Coromandel Peninsula catchments” upland

15 (369)

10

20

90

15 (360)

Tapu (Coromandel)

N/A

NA

N/A

N/A

10

20

90

14 (150)

Te Kowhai (inc. some minor streams on Waipa R)

N/A

NA

N/A

N/A

30

0

70

4 (36/37)

Te Pahu (Pirongia)

N/A

NA

N/A

N/A

0

30

100

7 (96)

Topehahae (Piako R)

N/A

NA

N/A

N/A

5

25

95

5/6 (243)

Torepatutahi

10

20

90

12 (233)

15

15

85

12 (263)

Tutaenui

30

0

70

1/2 (367)

15

15

85

1/2 (115)

Waikanae – East Coast (Coromandel)

Refer to “All other Coromandel Peninsula catchments” upland

13 (365)

10

20

90

13 (366)

Waikato R Nth Cambridge minor tributaries (exc. Waikato R. main stem)

N/A

NA

N/A

N/A

30

0

70

4/6/8 (108)

Waikato River mainstem only downstream of HPS mixing zone to the mouth.  Different levels of allocation occur upstream of HPS mixing zone, Karapiro Dam and on tributaries as specifically listed or accounted for in “All other catchments” in this Table

N/A

NA

N/A

N/A

10

as provided for by “All other catchments” in this Table

0

 

90

as provided for by “All other catchments” in this Table

New Map

Waikato River mainstem only downstream of Karapiro Dam to the HPS mixing zone  Different levels of allocation occur for the reach above Karapiro Dam and on tributaries as specifically listed or accounted for in “All other catchments” in this Table

N/A

NA

N/A

N/A

10

as provided for by “All other catchments” in this Table

0

90

as provided for by “All other catchments” in this Table

New Map

Waikato River, Cumulative allocation at the point of Karapiro Dam.  Different levels of allocation may occur within this catchment as specifically listed or accounted for in “All other catchments” in this Table

N/A

NA

N/A

Not mapped

5

0

95

This minimum flow is relevant for the purposes of applying Rule 3.3.4.27 f)

Map 1 Waikato River Catchments 1 and 2, Index Map, Maps 6,8,10,11,12

(227, 99, 299, 233, 263)

Waikato River, Cumulative allocation at the point of Huka Falls.

Different levels of allocation may occur within this catchment as specifically listed or accounted for in “All other catchments” in this Table

N/A

NA

N/A

Not mapped

1.84

0

98.16

This minimum flow is relevant for the purposes of applying Rule 3.3.4.27 f)

17 (396) 

Waikawau – East Coast (Coromandel)

Refer to “All other Coromandel Peninsula catchments” upland

13 (363)

20

10

80

13 (364)

Waikeria (Puniu R.)

N/A

NA

N/A

N/A

20

10

80

8/10 (39)

Waikoha (Pirongia)

N/A

NA

N/A

N/A

20

10

80

4 (97)

Waipa (Sth Otorohanga)

5

25

95

10 (67)

10

20

90

9/10 (40)

Waipa R minor tributaries (exc. Waipa R. main stem)

N/A

NA

N/A

N/A

30

0

70

4/7 (52/53/69)

Waitakaruru

5

25

95

3 (246)

10

20

90

3 (236)

Waitoa (Piako R)

N/A

NA

N/A

N/A

5

25

95

6 (240)

Waitomo (inc. some minor streams on Waipa R)

0

30

100

9 (155)

30

0

70

9 (41)

Waiomu (Coromandel)

N/A

NA

N/A

N/A

5

25

95

14 (355)

Wentworth (Coromandel)

Refer to “All other Coromandel Peninsula catchments” upland

15 (359)

15

15

85

15 (358)

Whakapipi

30

0

70

1/2 (368)

15 

15

85 

1/2 (117)

Whangamaroro (Coromandel)

Refer to “All other Coromandel Peninsula catchments” upland

14 (279)

5

25

95

14 (353)

Wharekawa (Coromandel)

10

20

90

15 (283)

20

10

80

15 (357)

Whareroa (Coromandel)

Refer to “All other Coromandel Peninsula catchments” upland

13 (361)

10

20

90

13 (362)

Whenuakite

1 Aug to 30 Nov

N/A

NA

N/A

N/A

0

30

193

16  (280)

Whenuakite

1 Dec to 31 July

(10am to Midnight)

N/A

NA

N/A

N/A

0

30

120

16  (280)

Whenuakite

1 Dec to 31 July

(Midnight to 10am)

N/A

NA

N/A

N/A

0

30

193

16  (280)

All other Coromandel Peninsula catchments (refer to advisory notes)

5

25

95

N/A

10

20

90

N/A

All other catchments (excluding Coromandel Peninsula)
(Refer to advisory notes)

5

25

95

Not mapped

10

20

90

Not mapped

 

Advisory Notes:

  • For the default catchments listed in Table 3-5 as “all other catchments (excluding Coromandel Peninsula)” the division between upland and lowland catchments is defined by the mean flow of the stream regardless of catchment location. An upland stream is defined as having a mean flow of less than 5 cubic metres per second (m3/s). Conversely a lowland stream is defined as having a mean flow of more than 5 cubic metres per second (m3/s).
  • Coromandel Peninsula covers all catchments north of the Waihou and Ohinemuri catchments. The 20 m amsl elevation contour defines the division between lowland and upland reaches for the main stem channel.
  • The default minimum flows presented for the lowland Coromandel catchments do not protect the ecosystem against issues relating to dissolved oxygen. Investigations indicated that streams with more than 2 km of stream length from the 20 m amsl elevation contour to the coastal marine have an intermediate to high likelihood of oxygen being a critical issue for determining environmental flow requirements.
  • The default minimum flows presented for the Coromandel catchments may not protect the transitional zone of intermediate gradient between upland and lowland areas. These zones can have high values for fish and invertebrates as they provide less harsh hydrological conditions, and stony streams dominated by run-riffle habitats that are favoured by many fish and invertebrate species.
  • As indicated by Policy 3, any utilisation of the secondary allocable flow in all tributary streams of the Waikato River above Karapiro (including those flowing into Lake Taupo) is contingent upon the take also not exceeding the primary allocable flow at Karapiro, which is 5% of the Q5 flow.
  • Information on the level of allocation from surface water bodies as listed in Table 3-5 can be found on Waikato Regional Council’s website (water allocation calculator).

 

Table 3-6: Sustainable Yields from Aquifers

  • Refer to water allocation maps ‘Management Level – Assessed Aquifers’, as directed by the relevant map and catchment numbers in Table 3-6.
  • In Table 3-6 where N/A appears in the column relating to Sustainable Yield, the necessary evaluation of sustainable yield has yet to be undertaken. When a Sustainable Yield is set it supersedes the Management Level.
  • The determination of Sustainable Yields may result in the inclusion of more refined information. This may include delineation of aquifers laterally and with depth, and improved mapping of aquifer extents.

Aquifer

Management Level

m3 (x1000) per year

Sustainable Yield

 m3 (x1000) per day

Aquifer Map #

Cooks Beach

450

N/A

2

Hahei

75

N/A

2

Kuaotunu West

80

N/A

1

Matarangi

1400

N/A

1

Opoutere

650

N/A

3

Pauanui

900

N/A

3

Whangamata - Moana Point

400

N/A

4

Whangamata

1200

N/A

4

Whangapoua

180

N/A

1

Whiritoa

350

N/A

4

Hamilton basin - North

105200

N/A

8

Hamilton basin - South

42000

N/A

9

Hamilton basin - West

37500

N/A

9

Northern Hauraki

165000

N/A

6

Southern Hauraki

335000

N/A

10

Pukekawa

20000

N/A

5

Pukekohe

12000

N/A

5

Waiuku - Discharge zone

9000

N/A

5

Waiuku - Recharge zone

5500

N/A

5

Reporoa Basin - East of Waikato River

39000

N/A

13

Reporoa Basin - Torepatutahi recharge zone

5000

N/A

13

Reporoa Basin - Torepatutahi discharge zone

9000

N/A

13

Reporoa Basin - West of Waikato river

16500

N/A

13

Putaruru

9000

N/A

12

Tokoroa/Kinleith

25000

N/A

12

Taupo Township

1100

N/A

14

Waihi Basin shallow aquifer

(refer to advisory note)

4800

N/A

7

Waihi Basin deep aquifer

(refer to advisory note)

1200

N/A

7

Waipa

320000

N/A

11

 

Advisory Notes:

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