Under the Resource Management Act 1991

Transcription

1 Before a Special Tribunal Under the Resource Management Act 1991 In the matter of an application for a Water Conservation Order for the Ngaruroro River and Clive River Statement of Evidence of Hugh Canard on behalf of New Zealand Fish and Game Council, Hawke's Bay Fish and Game Council, Royal Forest and Bird Protection Society of New Zealand, Jet Boating New Zealand, Whitewater NZ Incorporated and Ngāti Hori ki Kohupatiki 17 October 2017

2 Introduction 1 My name is Hugh Jason Paul Canard. 2 I am the current Patron of the Whitewater NZ (a position I have held since 1993). I am now retired and live in Christchurch. In my professional career I have owned a mechanical services consultancy and have been the managing director of a subsidiary of a public company with 180 staff. A lifestyle change at age 50 involved owning a sea kayaking business in the Abel Tasman which became the biggest such business in New Zealand, winning a number of awards, including a New Zealand Tourism Award. I helped establish a Guide s Scheme and Safety Code and became a qualified sea kayak guide and a National Assessor. I moved to Wellington in 2001 and worked in economic development after gaining post graduate qualifications in economic development. From 2003 to 2010 I worked as a consultant contractor managing and recovering distressed businesses ranging from 15 staff to 450 staff. 3 After the Christchurch earthquakes I was recruited to work at Lincoln University for a few months but stayed 5 years, managing and rebuilding a research group of ground water scientists in hydrology, hydrogeology, and soil science, based in Lincoln, Hamilton and Germany. Our field was groundwater contamination, specifically nitrates. I have co-authored a number of published and peerreviewed papers in this field, and delivered speeches to farming groups and papers to conferences. 4 I have been actively involved in collaborative policy development in water management, starting with the Steering Group of the Canterbury Water Management Strategy (CWMS), in 2004, progressing through to being a foundation community member of the regional committee of the CWMS, a position I still hold. I was also a member of the Land and Water Forum Small Group from 2009 to 2016, during which time I served on a number of working groups, including Strategy, Storage, and Chair of the Irrigation Acceleration Fund Advisory group. 5 I have most recently been on two MfE advisory groups the National Objectives Framework Reference Group (limit setting under the NPS-FM) and the Freshwater Improvement Fund which recently allocated $45m to restoration and clean-up projects across the country. Experience 6 I have been a kayaker since I was a founding member of the Whitewater Canoe Club of Christchurch (1977) and was elected to the executive of the New Zealand Canoeing Association (NZCA), one of the antecedents of Whitewater page 1

3 NZ, holding various offices including president until I was elected Patron of Whitewater NZ in 1993 and have been in that position since. 7 My paddling experience has focussed on exploration of new rivers; either ones I hadn t paddled, or ones that no-one had paddled first descents. I have paddled most of the rivers up to Grade 4 1 in the South Island and a few rivers in the North Island, including the Mohaka, Otaki, Waikato, Hutt, and the Ngaruroro. I have made the first descents of the Grade 5 Taipo and Arahura (1985) and Turnbull (1990) rivers in Westland. 8 I have paddled many of the major easy up to Grade 3 rivers in France, including sections of the Aveyron, Lot, Tarn, Ardeche, Dordogne, Garonne, Ubaye (Royal Gorge Grade 5), Durance, Ariege, Var, Verdon, Aude, Herault, and Orb. Many of these were week-long self-supported trips. In Canada I have paddled the Madawaska and the Ottawa rivers. In the USA I have paddled obscure creeks in Georgia, the Arkansas Royal Gorge, the Main Salmon River (6 days) and the Grand Canyon of the Colorado River twice (16 days), in 1990 and again in 2015 at age I still kayak Grade 3 rivers and raft up to Grade 4 on a regular basis and participate in my local cub events. I have recently taken up the emerging sport of pack rafting, which uses super light inflatable craft (less than 4kg) to enable one to tramp into otherwise inaccessible rivers and paddle out. I am currently writing a Guide to Packrafting in New Zealand for a joint working group of Federated Mountain Clubs and Whitewater NZ. 10 I have previously presented evidence as an expert kayaker at the Grey, Buller, Kawarau and Mohaka Water Conservation Order (WCO) hearings, and hearings on major developments, e.g., the Mokihinui dam proposal. 11 I have been involved in hearings on river issues including giving evidence on behalf of kayakers at the Grey, Buller, Kawarau and Mohaka WCO Hearings, and many hearings and made submissions on other major schemes and planning proposals such as the Mokihinui dam proposal, DOC St James Management Plan (Waiau River), and the Mt Aspiring National Park Management Plan (Waiatoto River). 12 During my time as an active kayaker and administrator I have witnessed quantum leaps in kayaking in New Zealand. New Zealand kayakers have won multiple Olympic medals, multi-sport events like the Coast to Coast adventure races have become established, kayaking instruction has been established in many schools and polytechnics, and manufacturers, importers and retailers of kayaking gear 1 See the evidence of Dr Rankin for an explanation of this term page 2

4 have mushroomed. While in the NZCA I initiated the splitting off of competitive canoeing interests from those of recreational wild river paddlers and the formation of the New Zealand Recreational Canoeing Association (NZRCA) in I have been a keen observer of the various policies and statutory protections in Canada, the USA and France, and have attended SAGE (Schema d Amenagement et de Gestion des Eaux) meetings in France, and have participated in academic collaborations on water management and groundwater science during my time at Lincoln University. 14 My interest in water management continues as I believe each waterway deserves to be considered under the Maori concept of Te Mana o te Wai in which the needs of nature comes first and human uses are subservient because as kaitiaki it is our individual whakapapa obligation to maintain the mauri of the river. The Te Mana o te Wai framework is being integrated as a first order objective into the government s freshwater reforms currently. Kayaking and rafting recreation is one of the uses under mana tangata (human uses) called Wai Takaro. 15 Having paddled all over New Zealand and in other parts of the world I am of the view New Zealand needs to protect the wild rivers we have left as they become an increasingly rare commodity here and overseas. Scope of evidence 16 My evidence covers the following: (a) (b) (c) Whitewater NZ; Whitewater NZ s involvement in river conservation; and The upper Ngaruroro catchment. 17 Key points made in my evidence regarding the upper Ngaruroro River white water rafting and kayaking values are expanded upon by the experts appearing for Whitewater NZ. Whitewater New Zealand 18 Whitewater NZ Incorporated (Whitewater NZ), formerly known as the NZCRA, represents more than 1,000 canoe club members and individual members from around New Zealand. The national body helps to look after the interests of white page 3

5 water kayakers and canoeists and river bugging enthusiasts 2 access, safety, and river conservation among other matters. with respect to 19 The organisation changed its name to Whitewater NZ in 2002 to better reflect its interests in white water. Whitewater NZ s purpose is to preserve New Zealand s white water resources and enhance opportunities to enjoy them safely. 20 The NZRCA originated from the NZCA, which was established in the 1950s to help represent the interests of canoeists and canoe clubs throughout the country at a national level. In 1992 the NZCA was split into a number of separate organisations to better represent the interests of different kayaking disciplines. Separate associations were set up to represent canoe polo, canoe slalom, flat water racing (including Olympic competition) and white water recreational canoeing interests. Recreational canoeing interests were devolved to the NZRCA, which also was given a brief and mandate to look after the conservation interests of all canoeists throughout New Zealand. Whitewater NZ s involvement in river conservation 21 Whitewater NZ and its antecedents have consistently held the view that for recreational purposes wild rivers are preferred over modified waterways because of the recreational opportunities the former holds. 22 Natural river surroundings and river geomorphology and flows are an integral part of the rafting/kayaking experience. Natural river flows create a valued variety in the physical and mental canoeing challenge of the white water experience. For this reason Whitewater NZ supports the protection of wild and scenic rivers in principle, as per its Conservation Strategy 3, and has actively participated in previous WCO processes on the Motu, Mohaka, Rangitikei, Grey, Buller, Kawarau, Nevis, Rangitata and Hurunui catchments (application subsequently withdrawn). 23 It is my and Whitewater NZ s opinion that WCOs currently offer the only process for recognising and protecting outstanding recreation and other values of rivers through a statutory process. Such values could be recognised in regional plans, but have not been to date. Further, as regional plans are subject to regular review (10-yearly), such recognition is considered a less effective or appropriate river conservation tool than a WCO for those rivers that represent the best of the best. 2 For an understanding of the different terms canoeists, kayakers and river bugging see the evidence of Dr Rankin presented to this Hearing. 3 Whitewater NZ Conservation Strategy, Whitewater NZ, page 4

6 24 It is for this reason Whitewater NZ is a co-applicant to the current WCO proposal. Canoeing and river running in New Zealand 25 A brief history of the development of canoeing and river running is attached as Appendix As a recreational pursuit, every year in excess of 270,000 4 adult New Zealanders participate in canoeing/kayaking for recreation on our rivers, lakes and coastline. This is 8.2% of the adult (>16 years) population, and may be compared with Tennis at 6.5%, and Golf at 9.2%. Kayaking participation has increased by 30% since the previous survey in 2007/8. Whitewater NZ represents New Zealanders that participate in white water paddlesports, which includes canoe, kayak, raft, river bug and pack raft. Loss of white water and recreation resources 27 The Lake Manapouri raising issue in the 1960s, the Clyde Dam in the 1980s and the Motu Water Conservation Order in 1981 were milestones in water management and conservation in New Zealand. Kayakers have since actively collaborated with others in trying to raise their concerns at the losses of white water. Hydro generation and kayaking desire the same characteristics volume or flow and river gradient near to markets or centres of population. 28 It is a myth, not supported by the facts, that New Zealand has plenty of rivers extant in their natural state. We have lost more than half of all major rapids in New Zealand to inundation as the country developed its hydro generation capacity. There is only one major river east of the Southern Alps that is unmodified, the Clarence River/Waiau-Toa. Otago s (Hawea, Kawarau and Clutha) and Southland s major rivers (Waiau) have all been developed extensively, with the rivers being either dammed and/or dewatered. 29 In a kayaking or rafting context we have lost the high volume high gradient major white water rapids on the Waikato, Waitaki and Clutha Rivers. These were massive natural features of those rivers and there are only four such rapids remaining in the whole of New Zealand thanks to Water Conservation Orders on the Kawarau (Clutha catchment) and the Buller 5. No-one in New Zealand under the age of 45 years has experienced the rapids drowned by the Clyde Dam, and no-one still living has experienced the major rapids drowned by the Roxburgh 4 Sport New Zealand, Sport and Active Recreation in the Lives of New Zealand Adults. 2013/14 Active New Zealand Survey Results. Wellington: Sport New Zealand. ISBN: : 5 Nevis Bluff, Retrospect, and Citroen Rapids on the Kawarau, Gunslinger Rapid on the Earthquake run on the Buller River page 5

7 Dam or the lower Waitaki dams. Once the rapids disappear under a lake, they are gone forever. The tragedy is that in no time at all, no-one knows what was there and the unique taonga or treasure that we have lost. 30 More detail on the history of loss of white water recreational resources, and the Whitewater NZ and its predecessor s conservation efforts, is attached as Appendix 2 to illustrate the consistent and responsible advocacy Whitewater NZ has taken over time, to the protection of the resources that support a range of popular water based sports. The upper Ngaruroro catchment 31 Whitewater NZ has joined four other co-applicants in applying for a WCO over the Ngaruroro/Clive River to recognise and protect a range of outstanding values. Whitewater NZ is seeking protection of the outstanding kayaking and rafting white water values in the upper Ngaruroro catchment, upstream from the Whanawhana cableway. 32 The key element of our case is that the upper Ngaruroro River is a wild and scenic river of sufficient length to support multi-day trips, which are suitable for kayakers and rafters of intermediate ability, without meeting any intrusive manmade structures, such as a road bridge, dam, intake, or contiguous highway 6. This creates a strong wilderness feel in the river corridor, and, coupled with impressive and varied scenery and quality recreational white water values throughout its length, creates a rare and unusual river environment in the New Zealand context. 33 Quality intermediate white water (Grade 2 and 3) is highly valued, as this is what the majority of white water kayakers 7, rafters, river buggers and packrafters will spend most of their time running. 34 New Zealand is a long narrow country, therefore there are few long wild and scenic rivers that can offer multi-day wilderness river trips in remote environments. Those that do are summarised in the table below. 6 Man-made structures in the form of back country huts are present in the river corridor but these do not detract from the experience for most back country users and visitors. 7 In the Whitewater Canoe Club, one of the larger kayak clubs in New Zealand, the middle cohort of intermediate white water paddlers is 70% of the membership, with Experts being 20% and the remainder Novices page 6

8 River Protection Difficulty/Challen ge Motu Water Conservation Order Advanced to Expert No. of days 3-5 Upper Rangitikei Water Conservation Order Advanced to Expert 3 Mohaka Water Conservation Order Intermediate to Expert 3-5 Typically 2-3 days in the upper river, as the Willow Flat section is Expert only Ngaruroro None Intermediate 3-5 Whanganui Karamea Grey Clarence Waiau (Canterbury) Landsborough Waiatoto Water Conservation Order in the Manganui-a-te-ao tributary, and national park status for the river corridor. Partly Kahurangi National Park and a Wilderness Area. Water Conservation Order, but this excludes the most valued paddling section below the Blue Grey None, but has historic huts. The upper river lies in St James Conservation Park. This river was considered one of the best multi-day white water river trips in New Zealand. The Grade 4/5 upper river above Toetoe Flat was designated a Wilderness Area, which prohibited air access and reduced the trip to a single day for amateur kayakers and rafters. Partly in Mount Aspiring National Park and a Wilderness Area. Half the river is not protected. Easy 5 Expert 3-5 Intermediate 2 Intermediate 4-6 Expert 2 Expert 1-2 Expert 2 Cascade The upper river is protected by a Wilderness Area, but ironically this prevents the air access that is needed for access by rafters and kayakers. Expert section excluded, remaining river is Easy N/A Potentially page 7

9 35 There are only four rivers (Clarence, Grey, Ngaruroro and upper Mohaka) that offer a wild river multi-day challenge suitable for the majority of kayakers and rafters (those that can handle rivers that are of intermediate difficulty or challenge), leaving three advanced-expert rivers (Motu, upper Rangitikei and Landsborough), three expert-only rivers (Karamea, Waiau and Waiatoto), and two easy rivers (Whanganui and Cascade). Only the Clarence and Ngaruroro are of sufficient length to offer multi-day trips of four or more days duration. 36 This means the upper Ngaruroro River is approximately one quarter of the intermediate wilderness multi-day paddling resource remaining in New Zealand, and the only one in the North Island offering multi-day wild river trips of four or more days duration. 37 The Taruarau River, a major tributary of the Ngaruroro, also offers a two day Grade 4 wilderness kayaking trip. Although not as important as the runs on the Ngaruroro River, the river is valued and used, and adds to the overall white water experience offered by the Ngaruroro River. 38 If granted, any WCO will need to put in place protections for all elements contributing to the outstanding values identified. With respect to white water recreation this will involve protection of water quantity and quality, amongst other matters, to prevent the situation which has arisen in the neighbouring Mohaka catchment. The Mohaka WCO has prevented damming and protects the natural range of flows, but a lack of water quality limits has meant the river has experienced considerable water quality deterioration, in spite of having WCO protection. Summary 39 Whitewater NZ is a co-applicant for a WCO over the Ngaruroro River because it believes a WCO will recognise and help protect an outstanding white water recreation resource. 40 The outstanding nature of the resource is based on the following factors: (a) (b) (c) (d) (e) The quality of the river scenery and surroundings; The quality of the river wilderness experience; The exceptional quality and clarity of the river water; The quality of and the intermediate difficulty of the white water present; The ability to combine other activities such as tramping and fishing with a multi-day river journey; and page 8

10 (f) The multi-day trip length options on the river. 41 Such features, especially in combination, are rare within New Zealand. Whitewater NZ believes the white water recreation experience of the upper Ngaruroro catchment is easily the equal of other rivers that have their white water values recognised via a WCO. Hugh Canard 17 October page 9

11 Appendix 1 Development of canoeing and river running in New Zealand 1 Maori, Pakeha and Pasifika all have histories and traditions in canoeing. Kayaking as a form of recreation originated in New Zealand as colonisation occurred. In some aspects European notions of canoeing aligned with Maori uses of waka for transport on our lower reaches of rivers, estuaries and inshore coastal waters. In the late 19 th Century there were large canoe clubs. For example, in Wellington, the Tainui Canoe Club ran regattas on Wellington harbour and crossed Cook Strait and explored the Marlborough Sounds. 2 The Wanganui (Whanganui River) was known as the Rhine of the South in the late 19 th Century. Tourists from England travelled by sea for over 6 weeks just to see our glaciers, thermal pools, and rivers. 3 Canoeing/kayaking on the upper reaches of our rivers started as early as the late 1880s. For example, in 1889 the Park brothers from Hokitika made and paddled and carried wooden kayaks up the Taramakau River, over the Main Divide via Harper s Pass, and ran them down the Hurunui River to the sea and thence along the coast to Christchurch. Their diaries show glimpses of a desire to preserve their experience for future generations. New Zealand s wild rivers have that effect on people to this day, more so as we realise how little remains. 4 Not much is recorded in the early 20 th Century, but there is a good record since the 1960s. The major rivers were explored in both islands and a number of major rapids were navigated immediately prior to the dam building explosion on the Waikato and Waitaki systems. No consideration of recreational amenity was ever considered and the construction of major dams on main stem rivers was seen as Taming the Wild Rivers and was entirely perceived as worthy and unquestioned nation building. Much like draining swamps was once seen as worthy development but is now seen as loss of precious wetlands, there are many older kayakers that mourn the loss of wild rivers in part and in whole page 10

12 Appendix 2 Whitewater NZ and its predecessors conservation activities, including WCOs 1 Whitewater NZ has developed a conservation strategy 8 to document and guide its interactions with parties involved in river development and use. The strategy also discusses what makes rivers valued by paddlers, and a strategy for the protection of important rivers throughout the country, including Whitewater NZ s involvement in consent and WCO processes. A woman contemplates the Rainbow Rapids at Ātiamuri, on the Waikato River, in the 1940s. When the Ōhakuri Dam was filled in 1960, the rapids were flooded, along with geysers, hot pools and silica terraces. Writer Elsie Locke, in her 1960 story Place of adorning, mourned the imminent flooding of the river between Ātiamuri and Ōrākei Kōrako. The loss of such beautiful stretches of water to hydroelectricity projects eventually prompted canoeists to join with conservationists, Māori and local people in campaigns to save New Zealand s wild rivers. 9 2 For example, where rivers are substantially modified either by takes or dams Whitewater NZ adopts a pragmatic policy of seeking mitigation in the form of releases for recreation when resource consents are renewed. These releases 8 Whitewater NZ Conservation Strategy, Whitewater NZ, Te Ara Encyclopedia of New Zealand page 11

13 are requested for appropriate times of the year so that maximum recreational use can be obtained at minimal cost to the economic users and disruption to biota. 3 Examples of negotiated mitigation for loss of white water resources include: (a) (b) (c) (d) (e) (f) Waitaki Hydro Scheme. Negotiated releases on the Pukaki River and the Tekapo River, with a contribution to the creation of a white water park on the Tekapo River. Hawea River and Clyde Dam. The construction of two standing waves on the Hawea River and the creation of the Hawea Whitewater Park for use by the local paddling community. Whakapapa River (Central North Island). No-take natural flow days. Tongariro. Scheduled releases at specific flows. Arnold River. Whitewater NZ objected to the application for a diversion canal hydro scheme, and then entered into negotiation with the Applicant. The result was a white water course integrated into the tailrace control structure, which mitigated some of the lost recreational resource, but also reduced the cost of the scheme to the Applicant. This consent has not been activated. Other scheduled releases on other rivers throughout the country, such as the Waikato, Waikarataheke, Mangahao, Wairoa, all in the North Island. 4 Where Whitewater NZ considers a river to be a valued white water resource for paddlers, it will oppose some schemes at the consenting stage. Examples are: (a) (b) Mokihinui River hydro scheme scheme was cancelled. Waitaha River hydro scheme awaiting decision by the Minister of Conservation. (c) Waimakariri River. A number of changes to the irrigation takes were negotiated in the Environment Court, which reduced our loss of amenity, and also saved the Applicants a substantial cost reduction in storage construction. 5 Whitewater NZ has been actively involved in Water Conservation Order processes on the following rivers; the Motu, Mohaka, Rangitikei, Grey and Ahauara, Buller (and Gowan and Maruia), Kawarau (and Shotover), Rangitata and Hurunui. Fish and Game (F&G) was the principal applicant on most, with the Queen Elizabeth II Trust applying for the first WCO on the Motu River and the Department of Internal Affairs on the Kawarau River. Whitewater NZ co-applied page 12

14 with F&G on the Hurunui River WCO application, and supported the other cases with evidence of our values. 6 WCOs currently offer the only process for the recognition of outstanding recreation and other values of rivers through a statutory process. Such values could be recognised in regional plans, but they have not been to date. In addition, as regional plans are subject to on-going change, such recognition would be considered a less effective or appropriate river conservation tool than a WCO. 7 Whereas many of the outstanding white water or fishing rivers that were first recognised and protected under the WCO legislation were often under immediate threat, especially from imminent hydroelectricity development, a number such as the Ngaruroro were not. Thus obtaining WCOs on such rivers has taken more of a back seat, as more important and perhaps threatened resources have been considered and protected first. Early on Whitewater NZ and its predecessors were not able to apply directly for a WCO as our organisation did not have the necessary statutory standing. That has now changed and we have actively been involved as co-applicants in WCOs for the Hurunui River and now the Ngaruroro River page 13