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Ten appeals over protection of world-famous springs

Sunday, 10 May 2020

Visitors check out the sights at Te Waikoropupū Springs in Golden Bay, which is the subject of a proposed Water Conservation Order.
Visitors check out the sights at Te Waikoropupū Springs in Golden Bay, which is the subject of a proposed Water Conservation Order.

Ten parties have lodged appeals with the Environment Court over a report recommending the protection of the world-famous Te Waikoropupu Springs in Golden Bay.

They are NZ King Salmon, Trustpower, Save our Springs, Robert and Cherrie Chubb, A P Reilly, Upper Takaka Irrigators, David Scotland and Sally-Anne Neal, Federated Farmers, applicants Ngāti Tama Ki Te Waipounamu Trust and Andrew Yuill, and the Tasman District Council.

The Environment Court must now hold an inquiry based on the submissions.

The springs are the largest freshwater springs in the Southern Hemisphere and contain some of the clearest water ever measured.

The proposed Water Conservation Order seeks the highest form of national protection for the springs, the Arthur Marble Aquifer, and associated water bodies.

**READ MORE:

* Applicants for Springs protection to examine report 'with fine-tooth comb'

* Special Tribunal recommend Te Waikoropupū Springs be protected by order

* Te Waikoropupū Springs campaigners concerned at water report delay

**

After a hearing in 2018, the special tribunal released its report in March recommending the order be granted over both the confined and unconfined Arthur Marble Aquifer, Te Waikoropupū Springs, the main spring, Dancing Sands Spring and Fish Creek Springs.

The co-applicants for the Water Conservation for Te Waikoropupu Springs. From left: Iwi Ngati Tama ki te Waipounamu Trust
The co-applicants for the Water Conservation for Te Waikoropupu Springs. From left: Iwi Ngati Tama ki te Waipounamu Trust's Margie Little; iwi kaumata John Ward-Holmes and Andrew Yuill.

It also recommended protection of the Takaka River headwaters and to its surface water tributaries and the Waingaro River, and provided controls on water takes and discharges to protect aquifer pressure and water quality. 

All of the appeal submissions, which were due on May 1 following an extension due to the Covid-19 lockdown, wrote that overall, they supported an order to protect the springs.

However,  the Upper Takaka Irrigators group submitted concerns over how the WCO would impact the continued use and reconsenting of the farmers' existing consents.

Dairy farmers Robert and Cherrie Chubb wrote that they opposed the WCO because 'no in-depth economic data' had been gathered around how the order could impact primary and secondary industries.

They wrote that there was 'uncertainty' over the amount and water quality data from Friends of Golden Bay data, which lacked “independence and scrutiny of analysis”.

In his submission, Save Our Springs coordinator Kevin Moran asked that there be 'no provision' within the WCO for a potential increase in water abstraction, which had the potential to damage the aquifer.

He asked for improvements to farm management instead, in order to sustain pasture growth.

NZ King Salmon submitted that the report did not allow renewal of resource consents to use, divert or damn water, or discharge to water or discharge to land which may result in contaminating water. 

It also did not allow a future applicant to apply for minor variations to resource consents, including decreases in volume, to take into account scientific advances or changes in practices.

Ten parties have lodged appeals with the Environment Court over a report recommending protection of Te Waikoropupu Springs, in Golden Bay.
Ten parties have lodged appeals with the Environment Court over a report recommending protection of Te Waikoropupu Springs, in Golden Bay.

Federated Farmers submitted on water quality limits, and wrote that the protections in the draft order around the springs’ outstanding characteristics were “inappropriate”.

The restrictions and requirements 'did not reflect the work' carried out by the Freshwater Land Advisory Group (FLAG) in developing a workable set of abstraction limits, restrictions and requirements providing for the needs of primary and secondary industry, and the community as a whole.

The Tasman District Council submitted on the prohibition of resource consents restrictions, alternations of aquifer depth or form, aquifer pressure, existing lawful uses and activities, and water quality protection.

The council also sought clarification in the report over definitions of the springs, the Takaka River, the aquifer and its tributaries. 

There was 'inconsistency' between the tribunal’s report and the draft WCO around its spiritual values as an outstanding characteristic. 

It also sought clarification over the tribunal report's mean annual low flow limit of 6,895 l/ps, and said it was inconsistent with the evidence which showed 7,661 l/ps as the limit.

Applicants Ngāti Tama and Andrew Yuill sought that 'no further abstraction' be allocated from the aquifer and the springs, given the springs' outstanding qualities.

It wrote that “ecosystem health” should be added to the springs’ list of outstanding characteristics, and that when considering any resource consent or rules in a regional plan relating to the waters, council must consult with manawhenua iwi.

It also said no resource consent should be granted or rule included in a regional plan relating to discharge of contaminants into waters, which may directly or indirectly enter waters contributing to the flow of the springs and damage water quality.

An Environment Court inquiry will be scheduled.