Nick Smith27 December,
2010 - Environment Minister Nick Smith today
approved the joint application from Te Runanga
o Ngai Tahu (Ngai Tahu) and the Department
of Conservation (DoC) to amend the Lake
Ellesmere (Te Waihora) Water Conservation
Order (WCO) to recognise additional outstanding
values.
“There is a strong case
for additional protection of Lake Ellesmere
(Te Waihora). It was identified as the second
most polluted lake in the country in the
recent report on water quality. It is the
worst in the South Island and for many Cantabrians
symbolises the problem of water quality
mismanagement,” Dr Smith said.
“The current WCO, which
has been in place for 20 years, only identifies
wildlife habitat as an outstanding feature.”
The new application
proposes changes to the WCO to ensure active
management of the lake to protect a number
of values including indigenous vegetation,
fisheries and cultural characteristics,
in addition to wildlife habitat, whilst
still recognising the needs of farming through
the continuation of a lake management protocol.
“The Environment Canterbury
(Temporary Commissioners and Improved Water
Management) Act 2010 provides a streamlined
process for amending water conservation
orders. This application meets the requirements
in the Act and so I have referred it to
Environment Canterbury for advertising,
submissions and public hearings.
“These water conservation
order changes are part of what is needed
to be considered to improve and provide
greater protection to Lake Ellesmere (Te
Waihora),” Dr Smith said.
“Lake Ellesmere should
be a Canterbury icon, not an eyesore. Further
steps, as well as considering changes to
the water conservation order will be needed
to improve this lake. I look forward to
an ongoing dialogue with Ngai Tahu, Environment
Canterbury, the Selwyn District Council
and local stakeholders on how we can clean-up
and better manage this important lake.”
The Environment Canterbury
(Temporary Commissioners and Improved Water
Management) Act 2010 makes Environment Canterbury
responsible for hearing all new or amended
Water Conservation Order applications forwarded
by the Minister for the Environment.
Environment Canterbury
will shortly appoint commissioners to hear
the application. It is expected the application
will be publicly notified next month and
a call for submissions made.
Questions & Answers
What is a water conservation
order?
A water conservation order (WCO) can prohibit
or restrict a regional council from issuing
new water and discharge permits, although
it cannot affect existing permits.
Once a WCO is made,
councils need to ensure that their regional
policy statements and regional/district
plans are not inconsistent with its provisions.
Councils cannot grant water, coastal or
discharge permits that are contrary to the
restrictions, prohibitions or provisions
of a WCO.
A WCO can apply to rivers,
lakes, streams, ponds, wetlands or aquifers.
They can cover fresh water or geothermal
water.
What do water conservation
orders recognise?
A water conservation order (WCO) recognises
the outstanding amenity or intrinsic values
that a specific water body provides, in
either a natural or modified state. WCOs
can be used to preserve that natural state,
or to protect characteristics such as:
• the water body's value
as a habitat or fishery
• its wild and scenic
nature
• its value for recreational,
historic, spiritual, cultural or scenic
purposes.
3. What changes are
being sort in the Lake Ellesmere/Lake Ellesmere
(Te Waihora) WCO amendment application?
The Applicants (the applicant) are jointly
Te Runanga o Ngai Tahu (Ngai Tahu) and the
Department of Conservation (DoC).
The changes being sought
in the application are:
• To add four more outstanding
features:
o Indigenous wetland
vegetation complex,
o Customary fisheries,
o Ngai Tahu historical,
spiritual and cultural characteristics,
o Significance in accordance
with tikanga Ngai Tahu, including in respect
of kaitiakitanga and mahinga kai.
• To allow the artificial
opening of the lake between 1 April and
15 June each year;
• Changing the datum
referred to from the mean sea level as at
1988 to the 1937 Lyttelton vertical datum;
• Changing the references
from Lake Ellesmere to Te Waihora/Lake Ellesmere;
• Changing the references
from Water and Soil Conservation Act 1967
to Resource Management Act 1991;
• Changing the references
from water rights to resource consents;
and
• Amending the level
at which damming, stop banking and reclamation
can occur.
What is the process
for making changes to Lake Ellesmere (Te
Waihora)?
Environment Canterbury will publicly notify
the application for an amendment to the
Lake Ellesmere water conservation order
and call for submissions from the public
on the application.
Hearing Commissioners will be appointed
by the Environment Canterbury Commissioners.
The Hearing Commissioners
will convene a hearing to allow the applicants
and submitters who requested to be heard
to provide more detail on their submissions.
The hearing will also give the Hearing Commissioners
the opportunity to ask questions.
The Hearing Commissioners
will then make a recommendation to the Minister
for the Environment, who will then make
the ultimate decision on whether the WCO
should be amended.
What is the role of
Environment Canterbury in the process?
The Environment Canterbury (Temporary Commissioners
and Improved Water Management) Act 2010
came into force on 13 April 2010. This Act
changes the Resource Management Act 1991
WCO process and makes Environment Canterbury
responsible for hearing WCO applications
forwarded by the Minister for the Environment.
All new or amended water
conservation orders in Canterbury are subject
to new criteria as a result of the Act:
• Subject to Part 2
of the RMA
Particular regard must
be had to the visions and principles of
the CWMS as set out in Schedule 1, Part
1 of the Environment Canterbury (Temporary
Commissioners and Improved Water Management)
Act 2010
Have regard to section 207(a)-(c) RMA
6. Why change the current Water Conservation
Order?
A technical group concluded the current
WCO does not provide for all the values
associated with Lake Ellesmere (Te Waihora).
Given this, it is proposed that outstanding
values which warrant protection by the WCO
be expanded to recognise four additional
values.
The current WCO identifies
wildlife habitat as the only outstanding
feature. Wildlife is defined under the Wildlife
Act 1953 and is very specific excluding
a number of other natural values. In the
case of Lake Ellesmere (Te Waihora) the
wildlife habitat mainly refers to that of
birds, although it may include invertebrates,
reptiles, etc.
Unfortunately, the definition
of “wildlife” under the Wildlife Act 1953
does not include aquatic species such as
tuna (eel) or patiki (flounder). This means
that the management of the lake water level
carried out under the provisions of the
current WCO is generally limited to providing
for birdlife habitat.
The way in which the
lake is currently managed has been developed
to protect wildlife habitat while recognising
the needs of farming.
