Under the Resource Management Act 1991

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 Bernie Kelly 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

Introduction 1 My name is Bernie Kelly. 2 I am 58 years old and live in Clive. I have been a keen kayaker for over 27 years and still kayak when I can. 3 I joined the Committee of the Hawkes Bay Canoe Club in 1988 and served in roles ranging from treasurer through to a term as President (2005-2009), and now hold the position of Conservation Officer. 4 In my role as Conservation Officer I have assisted the Club in administering consented flow releases with Genesis Energy for the Whakamarino and Waikaretaheke Rivers that flow out of Lake Waikaremoana. Also I keep abreast of river conservation issues of relevance to the Club, such as ensuring our Club s involvement in the Ngaruroro Water Conservation Order application and process. 5 The early phase of my interest in kayaking was spent on Grade 2 1 sections of rivers such as the Ngaruroro, Mohaka and Rangitaiki. These were club based river trips where there were always experienced people to help and guide new comers to the sport. Over time, I gained the necessary experience myself to be in the position of helping and guiding, which gave me confidence to look further afield and to kayak rivers with higher technical difficulty or grading. 6 Other rivers I have since paddled include runs on the Waikaretaheke, Kaituna, Wairoa (Bay of Plenty), Whirinaki, Waipunga, Manawatu, Mangahao, Tongariro, Te Hoe, Maraetotara rivers. These runs vary in difficulty from Grade 2 to Grade 5 and include a number of the classic outstanding white water kayaking runs in the North Island and New Zealand. I now enjoy kayaking on Grade 3-3+ rather than on higher Grade water, a progression that often occurs as one gets older. 7 I have been fortunate to make a number of first descents on rivers in the North Island, including the Upper Ruakituri, Hautapu and Whakamarino rivers. These rivers range from Grade 4 to 5 in difficulty. This paddling experience classifies me as an advanced to expert kayaker in terms of kayaking ability. Coupled with my canoe club experience and river journeys on other rivers, particularly in the North Island, this experience allows me to comment as an expert on the relative values and importance of the Oxbow reach and lower gorge run on the upper Ngaruroro River. 1 Same as Class II, which describes the technical difficulty of the white water see Appendix I, Evidence of Douglas Rankin on behalf of Whitewater NZ, this Special Tribunal Hearing, for a definition of Classes or Grades of white water. 12000434 3046302 page 1

8 I have also kayaked a number of outstanding South Island rivers, several of which have Water Conservation Orders (WCOs) on them recognising their outstanding kayaking values, including sections of the Buller, Kawarau and Rangitata Rivers, and a multi-day club trip on the Clarence River (not covered by a WCO). 9 While this is not a hearing before the Environment Court, I confirm that I have read the code of conduct for expert witnesses contained in the Environment Court Consolidated Practice Note (2014). I have complied with it when preparing my written statement of evidence and I agree to comply with it when presenting evidence. I confirm that the evidence and the opinions I have expressed in my evidence are within my area of expertise. I have not omitted to consider material facts known to me that might alter or detract from the opinions that I express. Scope of evidence 10 My evidence will address: (a) (b) (c) (d) (e) My personal experience of the Ngaruroro River; The Hawkes Bay Canoe Club; The lower Ngaruroro Gorge; The importance of the Ngaruroro River as a nursery river for kayakers; and The importance of the Ngaruroro River to the Hawkes Bay Canoe Club and kayakers nationally. Personal experience of the Ngaruroro River 11 I have paddled the Ngaruroro River on the Oxbow section and the lower gorge from Kuripapango to Whanawhana. I also competed in the 3 Rivers Triathlon based on the Clive River for ten years in 1989-1999. This event had an 8km kayak section that followed the Clive River to the mouth and then up the Ngaruroro River for a short distance. I also competed twice in a 19km Ngaruroro river race, from Fernhill Bridge to Clive in the mid-nineties. 12 My first trip on the lower gorge section of the Ngaruroro was on a raft in 1986. I can remember rafting that section of river at least four times before I joined the Hawkes Bay Canoe Club in 1988. It was 1992 before I completed my first gorge run in a kayak. It was an overnight trip, camping at Lindsay's Lodge, a hut made from manuka poles and a railway tarp. 13 In the intervening years, I have made over ten descents of the lower gorge and over fifty runs on the Oxbow reach, largely on Club trips. I have also run the lower 12000434 3046302 page 2

gorge section on a number of occasions in one day. This takes around 7-9 hours depending on flows. Newspaper clipping of myself competing in a downriver racing kayak in one of the Ngaruroro river races in the mid-nineties. (Image: Bernie Kelly) 14 As well as club trips, we were well aware of people from outside the region running this section, as I would sometimes field phone calls from people asking about get-in points and level of difficulty. Once guide books were published and river information became available on Whitewater NZ s website 2, the Ngaruroro River attracted more paddlers wanting remote overnight camping options. This culminated in a large group of over 50 kayakers and rafters from throughout New Zealand running the gorge section over two days in Labour Weekend of 2012, which I helped to organise and participated in. The Hawkes Bay Canoe Club (Inc) 15 The Hawkes Bay Canoe Club (Inc) was established in 1974 to promote and encourage the sport of amateur canoeing and kayaking in all its aspects. The club is an affiliated member of Whitewater NZ and KASK (Kiwi Association of Sea Kayakers). 2 http://rivers.org.nz/; accessed 8 October 2017. 12000434 3046302 page 3

16 Over the years the club has run river trips to local and regional rivers, and to rivers elsewhere in the North and South Islands of New Zealand. Currently slalom kayaking is showing a strong resurgence within the Club, with Club member pupils from local high schools being successfully trained and competing in regional and national slalom kayaking and down river racing competitions. A Club slalom kayaker cutting out into the current and competing in a slalom event on the dam controlled Waitaretaheke River in Hawkes Bay. Slalom paddling on white water demands an extraordinary amount of kayaking skill and is an excellent way to become a competent white water kayaker. (Photo: Hawkes Bay Canoe Club photo gallery 2017 (http://www.sporty.co.nz/hbcc/gallery; accessed 8 October 2017)) 12000434 3046302 page 4

A Club kayaker competing in a narrow unstable downriver racing kayak in a down river race on the Waitaretaheke River in Hawkes Bay. Sadly, because this river is dam controlled, it only has significant flow in it when releases are made from the upstream dam containing the flow out of Lake Waikaremoana. (Photo: Hawkes Bay Canoe Club photo gallery 2017 (http://www.sporty.co.nz/hbcc/gallery; accessed 8 October 2017)) 17 Club river trips have included visits to the upper and lower gorges on the Ngaruroro River, including the Oxbow section, and various reaches of the Mohaka, Waipunga, Waikeretaheke/Whakamarino, Rangitaiki, Tongariro, Kaituna and Wairoa rivers. 18 Club trips on the upper Ngaruroro River started in the early 1980s. In October/November 1981, three members of the Hawke s Bay Canoe Club, John Howes, Paul Nielsen and Dave Clark, loaded their kayaks into a Cessna 207 aircraft at Napier Airport, and flew into Boyds airstrip, located towards the top end of the Ngaruroro River catchment. Over the course of the next four days they proceeded to navigate the entire length of the river, all the way down to where it enters the sea near Clive. 19 For any young man or woman at that time, this sort of trip would have had all the hallmarks of true adventure. You can bet that those three young men had read stories about famous explorers who had climbed, kayaked or trekked in far flung locations around the world. 20 Well, for them, why not organise your own expedition or trip of a similar type into the hinterland of the Hawke s Bay! 12000434 3046302 page 5

Paul Nielsen, Dave Clark, and John Howes at Napier Airport with fibreglass kayaks and gear, getting organised for their flight for their kayaking trip from Boyd Hut to the sea, October 1981. (Photo: courtesy John Howes) 21 This early kayak descent just illustrates the connection the Club and its members have had with the river over many years. John Howes, Dave Clark and Paul Nielsen kitted out in kayaking gear at Rocks Ahead Hut on their 1981 descent of the Ngaruroro River from Boyd Hut to the sea. The kayak behind them was severely damaged and apparently abandoned by another group of paddlers making the journey down the upper Ngaruroro two weeks before. (Photo: courtesy John Howes) 12000434 3046302 page 6

Screenshot of a photo from the Hawkes Bay Canoe Club s 2014 40 th anniversary photo gallery, from the Hawkes Bay Canoe Club website. The image shows the Boyd airstrip. Boyd Lodge or Hut is to the right of this image above the airfield. The viewer is looking downstream. (Photo: image reproduced by Bernie Kelly) 22 Fast forward to 2017, and nothing has changed. If you want to kayak or conventionally raft the Upper Ngaruroro River above Kuripapango, the only realistic option for most people to get their gear to the get-in is by helicopter or fixed wing aircraft. However, the wilderness run below Kuripapango can be accessed from the Napier-Taihape Road. 23 I have always appreciated that even in the North Island there are still very remote destinations that can be visited by kayak and other river craft. The Upper Ngaruroro River above Whanawhana is one of these. 24 Once you are on the river, your mind registers that if anything goes wrong, training and systems will need to be deployed to enable a safe extraction and/or your survival. This always heightens the awareness of being in remote environments. The lower Ngaruroro gorge 25 The upper multi-day trip section of the Ngaruroro River which extends from Boyd Hut down to the Napier-Taihape Road at Kuripapango a distance of about 61 kilometres (Figure 1) is described by other experts for Whitewater NZ. My evidence is focussed on the lower Ngaruroro Gorge. 12000434 3046302 page 7

Figure 1. Map showing the upper Ngaruroro River kayaking and rafting run. The start of the river journey is near Boyd Hut at the top of the image and it finishes just above the Taihape-Napier Road Bridge at Kuripapango. This area is back-country wilderness. It typically takes three days to make the descent but can take longer if flows are low, or less time if flows are high. (Image: courtesy Isaac Bain) 26 The lower Ngaruroro Gorge, between Kuripapango and Whanawhana, is 39km down to the normal get-out point downstream of Whanawhana cableway, near Awapai, on a small access road to the river off Whanawhana Road (see Figure 2). 12000434 3046302 page 8

Figure 2. Map showing the lower Ngaruroro gorge kayaking and rafting run from Kuripapango down to the get-out below Whanawhana cableway. The campsite noted is just below the Barricade (Barrier Falls) and is about halfway down the run (timewise) and is where many people stay overnight when doing a two day trip down the run. This reach is still very remote with high wilderness values. (Image: courtesy Isaac Bain) 27 Downstream of Kuripapango the river continues its journey through rock gardens and small gorges punctuated with large headwalls that force the flow of water to change direction. I've always been in awe of the deep blue pools that form at the 12000434 3046302 page 9

base and just below the headwalls. I m always trying to work out how deep these pools are. The water is so clear you often surprise trout as you glide over them. 28 I enjoy these quiet breaks in the pools away from the rush of white water and love to push a lazy 360-degree turn, just to take in the complete surroundings and revel in the enjoyment of kayaking. 29 The river corridor views are very impressive, and particularly the striking contrasts between the slab rock landscape reaching up to the skyline in places, and the vertical gorge walls in many places, and the manuka forest cover on the slopes above. Kowhai trees are also present and their yellow flowers in spring add to the vista. The rock formations are also very different from what we see in nearby catchments such as the Mohaka. 30 These differing rock formations play a big part in how the river flows. The Ngaruroro River seems not to alter its course or the structure of its rapids over the years. This is particularly so in reaches where the river bed is largely bedrock. In contrast, Mohaka River rapids are always changing because of the soft papa mudstone that is easily eroded. 31 A short distance downstream of Kuripapango the river narrows into a bedrock gorge that continues for about 9km. The rapids increase to a Grade 3+ level, but there are always opportunities to check downstream and plan your route. 32 On one of these particular sections I was paddling one day, I noticed something interesting high up on a rocky ledge. Perched and obviously weighed down was one half of a fibreglass kayak, a testament to an age of kayaking gone before, and also a reminder to be very careful when paddling these waters as it s a very long, arduous walk out! 33 By the time you get to The Barricade, the last major Grade 3-4 rapid, your confidence levels are usually high enough to negotiate it with ease. The rest of the river out to Whanawhana is an enjoyable Grade 2 run, as you leave the gorge behind and the terrain opens up to grassy farmland. This transition provides a reality check that civilisation exists, and you have passed out of the wilderness. Importance of the lower gorge 34 In terms of white water kayaking, both the upper river and the lower gorge runs between Boyds airstrip and Whanawhana are high on the rivers to do list for many kayakers in New Zealand. I know this to be the case through many conversations with kayakers that are aware of the hidden treasure on our back door step and who want to run it, and especially those contacting me or the Club for information about the trip. 12000434 3046302 page 10

35 The reasons for this, particularly in the case of the lower gorge, are a number of outstanding qualities associated with the river, including: (a) (b) (c) (d) (e) (f) Its remoteness; Scenic values; The extraordinary water clarity in lower flows; The quality of the white water; The ability to easily access (by road) a two-day wilderness kayaking run; and The general grading and quality of the rapids in a river with the outstanding qualities mentioned above in (a) to (e). 36 The remoteness of the lower Ngaruroro Gorge is a huge attraction to kayakers as it gives you the chance to get totally away from roads and traffic, and you become fully reliant on your kayak and paddling skills and also your team to make a descent. 37 The scenery in the lower gorge is also amazing as it is unmodified from high up on the ridges all the way down to the river s edge. What you are seeing has remained unchanged for many years, which adds to the wilderness experience. 38 Water clarity on the Ngaruroro can also add to the kayaking experience. Being able to see the colour and texture of the rocks in the bed of the river, the depth in the pools and large fish, be they eels or trout, as one paddles down, add significantly to the wilderness journey experience. 39 The quality of the white water rapids is a big factor for why kayakers rate the gorge section so highly. There are sections of rapids that are long but you can always see the way ahead which is always a good thing. Generally, sections of rapids are separated by flat water or large pools which are useful in regard to navigation on the river. 40 The quality and technical difficulty of the rapids also builds steadily as you descend the river, which offers another dimension to challenge beginner and intermediate paddlers, and even more experienced paddlers. 41 Access to the start and finish of the lower gorge is pretty straight forward, and is usually done with two vehicles. The get-in and get-out points are now generally well known (this wasn t always the case) and can be found using maps and river guide books. 12000434 3046302 page 11

42 As a Grade 2-4 river (except when in flood), and where more difficult features can all be portaged, the lower gorge section, with the outstanding qualities identified above, and the upper river sections discussed by other Whitewater NZ experts, are runnable by a large number of kayakers, especially when guided by more experienced kayakers. 43 This is a very important point, as many people often see white water kayaking depicted in the extreme, where participants are seen running massive rapids and waterfalls. Those kayakers make up only a very small percentage of all kayakers. A far bigger number of kayakers have only Grade 2-3 paddling skills. So even remote wilderness rivers like the Ngaruroro can be an attainable goal to paddle for a large number of people. Importance of the Ngaruroro River as a nursery river 44 The Oxbow section of the Ngaruroro River has played a big part in getting new paddlers up to a level where they can tackle Grade 2-3 water. Figure 3: Google Earth image of the Oxbow section of the Ngaruroro River. The river flows from the top of the picture to the bottom. The Napier-Taihape Road Bridge is visible crossing the river near the bottom of the picture. (Image: reproduced by Bernie Kelly) 45 The section is located immediately above the Kuripapango Bridge where the river is accessed upstream from or at a DOC reserve close to the Napier- Taihape highway. It's generally classed as Grade 2, so is very accessible to new paddlers. At this point the river follows a large natural loop (the oxbow) which returns the 12000434 3046302 page 12

river back to a position close to the highway bridge (Figures 3 and 4). The advantage to this is that the section may take an hour to run, but the trip back to the start point is very short, so multiple runs of the section are achievable in the same day. 46 Multiple runs help build beginners kayaking skills very quickly, as they know what to expect and can progressively try new moves or practice skills in a controlled non-intimidating environment. Thus, this short section of river has incredible value, particularly as the rapids and eddies are very suitable for training purposes. This is not only for general kayaking skills, but also for the teaching of rescue techniques and river safety. 47 Over the decades the Hawke s Bay Canoe Club has been involved in running many training days on the Oxbow. Figure 4. Map of the Oxbow showing the two get-in spots and get-out site. This short reach is Grade 1-2 white water. (Image: courtesy Isaac Bain) 48 The natural surroundings also enhance the kayaking experience, which is often why people are interested in taking it up as an activity. 49 The Oxbow is a valuable section of river to the Club. It has been the place where many local kayakers have had their first taste of kayaking. 50 DOC has upgraded the campsites to a point where it's a very popular spot in the summer, and of course it's not unusual to see every kind of floating craft negotiating this very user-friendly part of the river. 12000434 3046302 page 13

51 In addition, once beginner kayakers have developed the necessary skills on a reach such as the Oxbow, they can then move onto more difficult runs on the Ngaruroro River, or elsewhere, under the leadership of more experienced kayakers. Importance of the Ngaruroro River to kayakers 52 We are very lucky as a Canoe Club in Hawke s Bay, as we have a number of rivers to paddle in the region. One of our more popular rivers is the Mohaka. 53 As a Club, we contributed to the application for a Water Conservation Order on the Mohaka, which was duly granted. We have certainly enjoyed and made the most of the protection this river deserves. 54 It is my belief the Ngaruroro River is similarly outstanding and should have the same level of protection, which would ensure the kayaking opportunities I have enjoyed will be available for others to enjoy in the future. 55 From my perspective the lower Ngaruroro gorge has outstanding white water and wilderness and scenic values comparable to other rivers I have kayaked and are covered by a WCO, e.g., Mohaka, Buller, or Rangitata rivers. 56 The relatively enclosed and untouched small narrow river corridor throughout the upper part of the run, with exposed hard bedrock features and vertical gorge walls transitioning with forested margins, is strikingly beautiful. 57 This contrasts with the wider more open vistas and scenery and wilderness of the Clarence River (worthy of a WCO) in the South Island. There, three large gorges located on a fault line are much wider, full of gravel, largely bereft of vegetation, and composed of twisted, contorted, faulted and folded layers of brittle sedimentary rock walls towering above the river. The wilderness feelings on the Clarence River are also different, being perhaps more intense on the Ngaruroro than on the Clarence. 58 In contrast, while the Buller River gorges and rapids are far bigger, the area is nowhere near as remote (road noise can be heard from the river). 59 The Mohaka River is different again. In the vicinity of Long Rapid, the crux rapid in the upper part of the isolated Grade 4-5 run from Te Hoe to Willow Flat, massive cliff faces a short distance away from the river dominate the landscape creating an impressive vista and backdrop. Elsewhere on the main white water run, where massive slabs of papa rock choke the river bed, stands of pine trees are visible in the wider river corridor, and the scenery and wilderness values are not as impressive. 12000434 3046302 page 14

60 It is my contention the upper Ngaruroro, the Oxbow, and the lower Ngaruroro gorge offer outstanding white water kayaking. 61 The Hawkes Bay Canoe Club certainly holds this view, in support of Whitewater NZ, as do many kayakers, paddlers and clubs from throughout the country, as witnessed by the number that have submitted in support of the Water Conservation Order application. 62 I know from personal experience of kayaking on a number of other outstanding rivers throughout the country, that when I stand beside the waters of the Ngaruroro River, when I glide over pristine clean pools in peace and solitude, when I take in the vistas from the river and breathe in the fresh back-country air, and when I run the rapids in the Oxbow or in the lower gorge, that this place is nothing less than outstanding. Bernie Kelly 17 October 2017 12000434 3046302 page 15