The GB Weekly - 27 May 2022

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Friday 27 May 2022

WCO hearing gets underway

Pre-hearing site visit: from left, Barney Thomas (MKM), Hemi Sundgren, Butch Little (both Ngāti Tama), judge John Hassan, Environment Court commissioner Miria Pomare, and Dave Winterburn (DOC Tākaka) at Waikoropupū Springs on Monday. Photo: Jo Richards. JO RICHARDS

The Environment Court (EC) hearing on the Te Waikoropupū Springs Water Conservation Order (WCO) opened at the Nelson Court on Tuesday morning. The day before the formal proceedings began, the presiding judge John Hassan and commissioner for the Environment Court Miria Pomare were welcomed onto the Onetahua Marae in Pōhara with a pōwhiri. Members of WCO co-applicant Ngāti Tama and chair of Manawhenua ki Mohua Barney Thomas, subsequently accompanied John and Miria on a visit to the springs where Department of Conservation Golden Bay manager Dave Winterburn described the multi-faceted values of the springs. Due to the Covid risk there was limited access to the hearing venue, so some contributors used an audio-visual link, and observers followed a live stream of proceedings. Once the opening formalities were dealt with, the judge explained the nature of the hearing. “We’re dealing with a highly complex context but with the aim of supplying a report to the Ministry for the Environment with the court’s recommendations… a highly focused With 19 years' experience in Golden Bay’s real estate, Belinda has a proven record of marketing & selling a variety of property. If you are considering selling, give Belinda a call.

end point.” A series of opening submissions which took up the remainder of the day, started with Maree Baker-Galloway who spoke on behalf of the applicants. She was followed by a succession of representatives, including Matt Pemberton (for DOC), Gordon Mather (for Friends of Golden Bay) and Professor Cathy Iorns (for Save our Springs). They were each cross examined by EC commissioners. A key concern that emerged from the presentations related to the complexity of the catchment-aquifer hydrogeological system, notably the lack of understanding of the link between land use, nitrate flows, the impact on the aquifer ecosystem, and Waikoropupū Springs water quality. This uncertainty, the speakers argued, made a strong case for applying a precautionary approach in order to protect the outstanding values of the springs. A lack of an effective management plan combined with an apparent prioritisation of economics over environmental protection were also cited as justification for the WCO. Monitoring nitrate concentrations in surface and groundwater, and setting “safe” limits was also a subject of concern. The

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THE GB WEEKLY, FRIDAY 27 MAY 2022

COUNCILLOR CHRIS HILL

The recent hearing panel process to determine whether a penguin protection fence would be built at Port Tarakohe has paralleled many other hearings on other issues. There are usually those adamantly opposed, those passionately in favour and some people who take a position that involves compromise. Some usually say that there is no problem to address, and others who think its a box-ticking exercise with a pre-determined outcome. In this case most submitters’ issues related to: the disturbance of the colony by dogs and people; public access issues; visual impact of a fence; and the ability to undertake research on a species that nationally has a declining population. The penguins arrived at the port of their own accord quite a few years ago. DOC, with community volunteers, put in some nesting boxes and plantings. Some years later the Penguin Trust was formed and engaged with Professor John Cockrem, a national expert. In some ways the trust has been a victim of its own success in terms of drawing attention to the colony. People now head down there to look for penguins. As a result there is disturbance to the colony as people lift lids, move boxes, take dogs in – despite signage, and wander through as penguins attempt to come ashore. Issues of public access and visual intrusion were also important concerns. The hearing panel recommended to Council that a fence be built with a significantly reduced footprint to the one proposed. Public access through to the point was to be maintained through a locked gate that people could gain access to. Dogs will be banned. At the Council meeting last week I put forward a resolution, at the request of the Mohua Penguin Trust, that the fence be reduced even further, and this was agreed to. There will be two short fences built at the base of each arm with a gate on the western arm. The cost and maintenance of the fence will lessen and further plantings will reduce the visual intrusion. I am encouraged by those who get informed and contribute constructively to the myriad of issues we face, given most decisions inevitably involve trade-offs. I particularly appreciate those who spoke with people who had differing view to themselves and the trust’s willingness to adjust. Professor Cockrem indicated there is no intention to expand the colony and, that if all of the current boxes become occupied, that would be a significant achievement.

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question of whether the WCO could prescribe enhancement, as opposed to preventing degradation, was aired, which in turn raised the issue of how the baseline nitrate concentration limit should be set when data shows a clear and significant increase over recent years. Chris Thomsen, presenting for Tasman District Council, indicated they shared a lot of common ground with the previous speakers, but he refuted earlier suggestions that TDC was more focussed on facilitating increases in irrigators’ abstractions and consequent land use intensification. Chris completed TDC’s submission on Wednesday before Paul Matheson summarised the farming sector’s position. The hearing then moved on to matters concerning the cultural and spiritual significance of the springs. The hearing was scheduled to continue until the end of this week with witness, including experts on geohydrology, modelling, ecology/ toxicology, economics and planning, due to speak. Representatives of the farming interests located in the aquifer catchment, along with local DOC operations personnel, were also due to present their case. The hearing will reconvene on 27 June.

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