Part 1 - Palmerston North City Council
Part 1 - Palmerston North City Council
Part 1 - Palmerston North City Council
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good earth matters<br />
gemconsulting<br />
Manawatu‐Wanganui Regional<br />
<strong>Council</strong><br />
Channel Realignment of the<br />
Manawatu River at ANZAC Park Cliff<br />
Resource Consent Application and Assessment of<br />
Environmental Effects<br />
March 2012<br />
goodearthmatters.com
gemconsulting<br />
Client:<br />
Manawatu‐Wanganui Regional <strong>Council</strong><br />
Report Title: Channel Realignment of the Manawatu River at ANZAC Park Cliff<br />
Resource Consent Application and Assessment of Environmental Effects<br />
File Reference: 30016\2012.03.23 AEE ‐ FINAL.docx<br />
Report Issue: Draft Date: March 2012<br />
Consultation Draft Date: March 2012<br />
Final Date: March 2012<br />
268 Broadway Avenue | PO Box 1268 | <strong>Palmerston</strong> <strong>North</strong> 4440 | 06 353 7560 | goodearthmatters.com
APPLICATION FOR RESOURCE CONSENT<br />
Section 88, Resource Management Act 1991<br />
To:<br />
Manawatu‐Wanganui Regional <strong>Council</strong><br />
Private Bag 11025<br />
Manawatu Mail Centre<br />
PALMERSTON NORTH 4442<br />
The Manawatu‐Wanganui Regional <strong>Council</strong> hereby applies for the following type(s) of resource consent:<br />
Land use consent:<br />
Discharge permit:<br />
To carry out works in the bed of the Manawatu River including the construction and maintenance of various<br />
permanent flood protection and erosion control structures (rock lining, snub groyne, bed armouring) and a ford, the<br />
realignment of the river channel, the movement of bed material (gravel) within the river bed, and the construction<br />
of temporary structures (cofferdams) within the river and the permanent realignment of the lower part of the<br />
Mangaotane Stream and the construction of a ford across the realigned part of the stream and associated<br />
vegetation clearance.<br />
For discharges of sediment associated with the above activities to the Manawatu River and Mangaotane Stream.<br />
The names and addresses of the owner and occupier (other than the applicant) of land to which the application relates are as follows:<br />
<br />
<br />
<br />
<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>, Private Bag 11034, <strong>Palmerston</strong> <strong>North</strong><br />
PMB Landco Limited, 420 Church Street, <strong>Palmerston</strong> <strong>North</strong><br />
R V Hargreaves, 136 Victoria Avenue, <strong>Palmerston</strong> <strong>North</strong><br />
The location of the proposed activity is as follows:<br />
The Manawatu River, near the ANZAC Cliffs as shown in Figure 2.1 on the attached assessment of environmental effects.<br />
The following additional resource consents are needed for the proposed activity and have been applied for:<br />
Land use consent from the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> to carry out the construction, use and maintenance of flood protection and erosion<br />
control structures within the Residential Zone, Conservation and Amenity Zone and the Water Recreation Zone.<br />
I attach, in accordance with the Fourth Schedule of the Resource Management Act 1991, an Assessment of the Environmental Effects in<br />
the detail that corresponds with the scale and significance of the effects that the proposed activity may have on the environment:<br />
Refer to the Assessment of Environmental Effects attached.<br />
I attach any information required to be included in this application by the district plan, the regional plan, the Resource Management Act<br />
1991, or any regulations made under that Act.<br />
(Signature of applicant or person authorised to sign on behalf of applicant)<br />
(Date)<br />
Address for Service of Applicant:<br />
The Manawatu‐Wanganui Regional <strong>Council</strong><br />
C/‐ Good Earth Matters Consulting Limited<br />
PO Box 1268; <strong>Palmerston</strong> <strong>North</strong> 4440<br />
Attention: Andrew Bashford<br />
Telephone: 06 353 7560<br />
Email:<br />
andrew.bashford@goodearthmatters.com<br />
30016/2012.03.23 RCA.doc
APPLICATION FOR RESOURCE CONSENT<br />
Section 88, Resource Management Act 1991<br />
To:<br />
<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong><br />
Private Bag 11034<br />
PALMERSTON NORTH 4442<br />
The Manawatu‐Wanganui Regional <strong>Council</strong> hereby applies for the following type(s) of resource consent:<br />
Land use consent:<br />
To carry out the construction, use and maintenance of flood protection and erosion control structures within the<br />
Residential Zone, Conservation and Amenity Zone and the Water Recreation Zone.<br />
The names and addresses of the owner and occupier (other than the applicant) of land to which the application relates are as follows:<br />
<br />
<br />
<br />
<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>, Private Bag 11034, <strong>Palmerston</strong> <strong>North</strong><br />
PMB Landco Limited, 420 Church Street, <strong>Palmerston</strong> <strong>North</strong><br />
R V Hargreaves, 136 Victoria Avenue, <strong>Palmerston</strong> <strong>North</strong><br />
The location of the proposed activity is as follows:<br />
The Manawatu River, near the ANZAC Cliffs as shown on Figure 2.1 in the attached assessment of environmental effects.<br />
The following additional resource consents are needed for the proposed activity and have been applied for:<br />
Land use consent from the Manawatu‐Wanganui Regional <strong>Council</strong> to carry out works in the bed of the Manawatu River including the<br />
construction and maintenance of various permanent flood protection and erosion control structures (rock lining, snub groyne, bed<br />
armouring) and a ford, the realignment of the river channel, the movement of bed material (gravel) within the river bed, and the<br />
construction of temporary structures (cofferdams) within the river and the permanent realignment of the lower part of the Mangaotane<br />
Stream and the construction of a ford across the realigned part of the stream and associated vegetation clearance.<br />
Discharge permit from the Manawatu‐Wanganui Regional <strong>Council</strong> for discharges of sediment associated with the above activities to the<br />
Manawatu River and Mangaotane Stream.<br />
I attach, in accordance with the Fourth Schedule of the Resource management Act 1991, an Assessment of the Environmental Effects in<br />
the detail that corresponds with the scale and significance of the effects that the proposed activity may have on the environment<br />
Refer to the Assessment of Environmental Effects attached.<br />
I attach any information required to be included in this application by the district plan, the regional plan, the Resource Management Act<br />
1991, or any regulations made under that Act.<br />
(Signature of applicant or person authorised to sign on behalf of applicant)<br />
(Date)<br />
Address for Service of Applicant:<br />
The Manawatu‐Wanganui Regional <strong>Council</strong><br />
C/‐ Good Earth Matters Consulting Limited<br />
PO Box 1268; <strong>Palmerston</strong> <strong>North</strong> 4440<br />
Attention: Andrew Bashford<br />
Telephone: 06 353 7560<br />
Email:<br />
andrew.bashford@goodearthmatters.com<br />
30016/2012.03.23 RCA.doc
gemconsulting<br />
TABLE OF CONTENTS<br />
1 INTRODUCTION .......................................................................................................................................... 1<br />
2 THE SITE ..................................................................................................................................................... 2<br />
3 THE PROPOSED ACTIVITY ........................................................................................................................... 3<br />
3.1 Reasons for the Proposed Works ...................................................................................................................... 4<br />
3.2 Description of Activities ..................................................................................................................................... 4<br />
3.3 Monitoring and Maintenance ............................................................................................................................ 7<br />
4 ALTERNATIVES ........................................................................................................................................... 7<br />
4.1 Management of Erosion at ANZAC Cliffs ........................................................................................................... 7<br />
4.2 Construction and Access .................................................................................................................................... 8<br />
5 REGULATORY FRAMEWORK ...................................................................................................................... 9<br />
5.1 Manawatu‐Wanganui Regional <strong>Council</strong> ............................................................................................................. 9<br />
5.1.1 Regional Plan for Beds of Rivers and Lakes ............................................................................................ 9<br />
5.1.2 Proposed One Plan ............................................................................................................................... 10<br />
5.1.3 Summary of Activity Status .................................................................................................................. 11<br />
5.2 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> ......................................................................................................................... 12<br />
5.2.1 The <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District Plan ............................................................................................... 12<br />
5.2.2 Summary of Activity Status .................................................................................................................. 14<br />
5.3 Statutory Process ............................................................................................................................................. 14<br />
5.3.1 The Resource Management Act 1991 .................................................................................................. 14<br />
5.3.2 National Environmental Standards ....................................................................................................... 14<br />
5.4 Objectives and Policies .................................................................................................................................... 15<br />
6 ACTUAL AND POTENTIAL EFFECTS OF THE ACTIVITY ............................................................................... 15<br />
6.1 Construction Effects ......................................................................................................................................... 15<br />
6.2 Effects of the Permanent Works ...................................................................................................................... 19<br />
6.3 Conclusion on Actual and Potential Effects ..................................................................................................... 22<br />
7 RELEVANT OBJECTIVES AND POLICIES ..................................................................................................... 23<br />
7.1 National Policy Statements .............................................................................................................................. 23<br />
7.2 Manawatu‐Wanganui Regional <strong>Council</strong> Planning Documents ........................................................................ 23<br />
7.2.1 Operative Regional Policy Statement ................................................................................................... 23<br />
7.2.2 Regional Plan for Beds of Rivers and Lakes .......................................................................................... 25<br />
7.2.3 Proposed One Plan ............................................................................................................................... 29<br />
7.3 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District Plan ................................................................................................................. 32<br />
7.3.1 <strong>City</strong> View Objectives ............................................................................................................................. 32<br />
7.3.2 Residential Zone Objectives and Policies ............................................................................................. 33<br />
7.3.3 Conservation and Amenity Zone Objectives and Policies..................................................................... 34<br />
7.3.4 Water Recreation Zone Objectives and Policies ................................................................................... 36<br />
8 RESOURCE MANAGEMENT ACT ‐ PART II ................................................................................................ 37<br />
8.1 <strong>Part</strong> 2 Conclusion ............................................................................................................................................. 38<br />
9 CONSULTATION ....................................................................................................................................... 38<br />
10 CONCLUSIONS .......................................................................................................................................... 39
gemconsulting<br />
TABLE OF CONTENTS<br />
Appendices<br />
Appendix A<br />
Appendix B<br />
Appendix C<br />
Appendix D<br />
Appendix E<br />
Appendix F<br />
Appendix G<br />
Appendix H<br />
Appendix I<br />
Location Plans and Surrounds ‐ Plans A to D<br />
Engineering Drawings<br />
Peer Review of Engineering Design<br />
Aerial Photographs Showing Rates of Erosion at Anzac Cliff<br />
Proposed Construction Methodology<br />
Protocol for Accidental Discovery of Archaeological Sites<br />
Agreement in Relation to the Teachers College River Monitoring Site<br />
Approvals<br />
Certificates of Title
gemconsulting<br />
1 INTRODUCTION<br />
The Manawatu‐Wanganui Regional <strong>Council</strong> (MWRC) is part way through a major works programme to<br />
upgrade that part of the Lower Manawatu Scheme (LMS) that protects <strong>Palmerston</strong> <strong>North</strong> from flood waters<br />
from the Manawatu River. The project is known as the '<strong>City</strong> Reach Project' and it is designed to protect the<br />
<strong>City</strong> from flood flows as high as 4500 cubic metres per second (cumecs).<br />
The <strong>City</strong> Reach Project includes the construction of new stopbanks and raising the levels of existing<br />
stopbanks between Napier Road and the Awapuni Landfill, and a number of heavy rock linings to ensure the<br />
river does not erode and undermine the stopbanks. The project also includes the realignment of the<br />
Manawatu River adjacent to the ANZAC Park Cliff, which is the particular subject of this resource consent<br />
application.<br />
Erosion in the ANZAC Park Cliff area has been an on‐going issue for a number of years. This issue was<br />
recognised in the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District Plan and until recently the Plan included a 'Cliff Protection<br />
Line' and rules making it a prohibited activity to construct buildings and dwellings near the cliff. The Cliff<br />
Protection Line was based on the best knowledge at the time that it was incorporated into the Plan and was<br />
intended to provide protection well into the future. However, in recent times, the rate of erosion has<br />
accelerated and the cliff is retreating faster than anticipated. This increased rate of erosion will expose land<br />
above the cliff to risk much sooner than expected and also presents increased risk to the LMS stopbanks<br />
due to the river being directed towards them as the cliff retreats. Additionally the erosion of the cliff is<br />
creating an unsafe environment for river users in this popular reach of the river due to the unstable ground<br />
and continual slips.<br />
In April 2006, the MWRC resolved to hold discussions with the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> (PNCC) and<br />
PMB Landco Limited (the affected landowner) in respect of options for funding works to mitigate the<br />
erosion of the cliff. The LMS <strong>City</strong> Reach proposal was approved by the MWRC in December 2006 and the<br />
2007/08 Annual Plan included $1.5 million to realign the river at ANZAC Park Cliff. Subsequent<br />
investigations identified some engineering issues with the realignment proposal and highlighted a need to<br />
consider other alternatives. The present proposal was developed and agreed with the various parties, and<br />
adopted by the MWRC through the 2009/19 Long Term <strong>Council</strong> Community Plan.<br />
The ANZAC Park Cliff project is a multifaceted project with involvement from the MWRC, the PNCC and<br />
PMB Landco Ltd. The MWRC intends to realign the river to prevent it from causing further erosion in the<br />
ANZAC Cliff area. The proposed works will provide long term benefits in minimising future erosion of the<br />
opposite (city side) river bank. It will also minimise sediment release to the river and therefore improve<br />
water quality, and will minimise the risks, associated with land slips to the public who use the river for<br />
recreation.<br />
The PNCC and PMB Landco Ltd involvement is due to the potential for development and use of the<br />
residentially zoned land above the cliff. The PNCC notified proposed Plan Change 2 on 24 November 2010.<br />
It sought to delete the Cliff Protection Line and prohibited activity rule and to control development on the<br />
land through the provisions relating to the control of development on 'Undevelopable Land'. Proposed Plan<br />
Change 2 was heard on 29 September 2011 and the decision was notified, and took effect, in November<br />
2011. Plan Change 2 was proposed and approved in the expectation that the proposed river realignment<br />
and stabilisation works would take place in the near future.<br />
PMB Landco Ltd owns much of the land above the cliff. The company has already subdivided a portion of<br />
the land and is keen to develop its remaining land in the area but is hampered in doing so by the increasing<br />
threat of erosion of the cliff by the river and by the unstable cliff being within close proximity to the<br />
development area, creating a potential safety hazard. PMB Landco Ltd intends to lower and batter the cliff<br />
back to a gentler slope so that it is self‐supporting and stable. These works will take place after the MWRC<br />
has carried out the realignment and is dependent on the MWRC works taking place. The works proposed<br />
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by PMB Landco Ltd are addressed in separate resource consent applications that have been prepared by<br />
Kevin O'Connor and Associates Ltd.<br />
As described, the activities of the three organisations are interrelated and dependent on each other for the<br />
project to proceed. The PNCC, having initiated and approved Plan Change 2, is relying on the MWRC and<br />
PMB Landco Ltd to carry out the physical works to stabilise the cliff. PMB Landco Ltd has agreed to help<br />
fund the realignment of the river but in doing so needs the certainty that the land will be able to be<br />
developed so that it can expect some return on its investment. PMB Landco Ltd is also reliant on the<br />
MWRC to carry out the river realignment so that it can then batter the cliff from the new river channel with<br />
assurance that it will not be eroded away. The MWRC is, to some extent, reliant on PMB Landco Ltd to<br />
carry out its proposed works to batter the cliff so that the erosion control and safety benefits of the river<br />
realignment can be fully realised.<br />
Once the project is completed, the <strong>Palmerston</strong> <strong>North</strong> community can expect a comprehensive and longterm<br />
solution to the erosion issues at the ANZAC Park Cliff which will result in an environment where the<br />
river water quality is improved through reduced sediment discharge, the river can be safely enjoyed and<br />
where the threat to homes and flood protection infrastructure has been significantly reduced.<br />
2 THE SITE<br />
The ANZAC Park cliff is located on the true left bank of the Manawatu River opposite the Manawatu Golf<br />
Course and just east of the Manawatu Observatory on Cliff Road. Views of the ANZAC Park cliff and the<br />
river are most accessible from the Esplanade Walkway between the Fitzherbert Bridge and Albert Street. A<br />
locality plan is shown in Figure 2.1 below and detailed plans of the site and its surrounds are attached to<br />
this report as Appendix A.<br />
Figure 2.1<br />
Site Location<br />
2
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Some 400 metres of the 55 metre high cliff face is actively eroding. An unnamed tributary (from the valley<br />
between Cashmere and Waicola Drives) dissects the actively eroding part of the cliff into two parts; a<br />
western cliff and an eastern cliff. The Mangaotane Stream (also known as Bryant's Creek) running from<br />
Moonshine Valley joins the Manawatu River just upstream of the eastern cliff.<br />
Much of the land directly above the western cliff is residentially zoned and lies between ANZAC Park and<br />
Pari Reserve. The land is accessed from Vaucluse Heights. Some of this land has been subdivided with a<br />
couple of dwellings already constructed at the Cashmere Drive end of Vaucluse Heights. The balance of<br />
Vaucluse Heights, although formed, is in private ownership and does not have public access at this stage.<br />
The land above the western cliff is being eroded and lost at an increasing rate. The cliff itself presents a<br />
safety risk in the area, and while it has been fenced off in the past, the cliff is now slipping away beyond the<br />
fence and constant repairs and adjustments to the fence are required.<br />
ANZAC Park is located just west of the actively eroding cliff. This park is accessed from Cliff Road and<br />
contains remnants of the 90 Mile Bush, a Tangata Whenua site (Te Motu o Poutoa pa), the Manawatu<br />
Observatory and a car park. It is colloquially known as "Pork Chop Hill". The Te Motu o Poutoa pa is<br />
recorded in the New Zealand Archaeological Association’s site recording scheme as Site T24/20. The cliff<br />
below ANZAC Park still retains vegetative cover and is not actively eroding to the same extent as the subject<br />
cliff.<br />
The eastern cliff is mostly contained within the Pari Reserve however the top edge of the cliff has now<br />
retreated beyond the reserve and is starting to erode the privately owned residential land that is located off<br />
Waicola Drive. Further upstream of the eastern cliff the left bank of the river is lined with a strip of dense<br />
vegetation (predominately willows and poplars with a mix of other exotic weed species interspersed<br />
throughout) with farm land beyond.<br />
At the site where the MWRC proposes to carry out the works the Manawatu River runs directly into the<br />
base of the ANZAC Park cliff and is forced to make a sharp right hand turn. The flow of the river directly<br />
into the cliff is undermining the base of the cliff and causing continual slips from higher up.<br />
A large gravel beach has formed on the inside of the river bend and there is a grassy area between the<br />
beach and the Esplanade Walkway. These attributes, along with the ready access to the <strong>City</strong>, make the area<br />
popular for recreational activities, especially during summer.<br />
3 THE PROPOSED ACTIVITY<br />
The MWRC intends to realign the Manawatu River so that it is directed around the ANZAC Park cliff bend<br />
without causing further erosion. This will take several stages to complete but when finished one will see<br />
that the river takes a gentler curve and will be located near the position it was in 1992, being closer to the<br />
right bank. A rock lining on the left bank will direct the river around this curve and a snub groyne will be<br />
visible a short distance upstream of the rock lining. River gravel will be backfilled and compacted behind<br />
the rock lining and the bed of the river will be armoured to protect it from scouring and erosion. The<br />
unnamed tributary will be extended so that it flows through a gap in the upper portion of the rock lining<br />
and the Mangaotane Stream will be realigned so that it joins the Manawatu River upstream of the snub<br />
groyne.<br />
Engineering drawings of the proposed works are attached to this report as Appendix B. Figure 1 shows an<br />
overview of the site with the proposed layout of the rock lining, snub groyne, bed armouring and the<br />
extension and re‐alignment of the small streams in the locality. It is noted that the aerial photograph used<br />
in this figure was taken on 26 January 2011 when the river level was at least 1.7 metres above typical low<br />
flow. Figures 2 and 3 show typical cross sections of the proposed river channel and rock lining, and Figures<br />
4, 5 and 6 show details of other components of the proposal.<br />
3
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The proposed works have been designed by the MWRC River Engineers. The design has been peer<br />
reviewed by Gary Williams from G & E Williams Consultants Ltd. The peer review is attached to this report<br />
as Appendix C.<br />
It is intended to complete the works over one summer period (preferably the summer of 2012/13).<br />
However it is recognised that this timeframe depends on weather conditions and river flows. If we have<br />
another wet summer the works may need to be put off until more favourable conditions exist. It is also<br />
possible that the works proposed by the applicant occur in one summer and the majority of the works<br />
proposed by PMB Landco Ltd occur the following summer.<br />
3.1 Reasons for the Proposed Works<br />
There are a number of reasons for carrying out the works in the river at the ANZAC Park Cliffs. As noted,<br />
the cliff has started to erode much faster than was anticipated, particularly since 2004, and it is estimated<br />
that some 20,000m 3 of soil is now being eroded from the cliff each year. The rate of erosion can be easily<br />
seen in the aerial photographs attached to this report as Appendix D. This erosion is a significant source of<br />
sediment that is released to the Manawatu River each year, thereby contributing to the rivers already high<br />
sediment loadings. Once the works are completed it is anticipated that the erosion and sedimentation from<br />
the cliff will cease.<br />
The retreating cliff is causing a change in the direction of the river flow to the extent that it will eventually<br />
start to erode the opposite river bank, threatening the stopbank protecting the city. Major and costly<br />
works will be required to protect the integrity of the stopbank to ensure that it continues to protect the city<br />
from floods in the future.<br />
If the cliff is left to erode it will eventually expose the existing residentially zoned land on top of the cliff to<br />
significant risk. At some point works similar to those currently proposed will become necessary. As the cliff<br />
erodes, increased costs can be expected due to the river channel alignment continuing to deteriorate<br />
making it more difficult to rectify. Also if the cliff advances too far towards any residential development it<br />
may not be possible to rectify without purchasing land and or dwellings to complete the works.<br />
There is a significant risk to public safety. The site is a popular recreation site with people using the river for<br />
swimming and kayaking. The cliff is extremely unstable and large slips can occur with little or no warning.<br />
People pursuing recreational activities in that stretch of the river are exposed to a high level of risk. In<br />
addition, risk is also present at the top of the cliff. As residential development continues in the vicinity<br />
people are attracted to the open rural landscape around the top of the cliff. While the cliff has been<br />
fenced, a recent visit to the site revealed that the cliff has now retreated beyond the fence and that it no<br />
longer offers any protection to the public.<br />
3.2 Description of Activities<br />
To achieve the realignment of the river in a way that is physically possible, and to avoid or minimise effects<br />
on the river, certain works will be required to occur in a certain order. The following describes the main<br />
components of the works that will need to be undertaken to achieve the river realignment. A construction<br />
methodology has been developed that describes the works, the sequencing of works and mitigation<br />
methods in further detail. The methodology is attached to this report as Appendix E.<br />
Access and Stockpile Areas<br />
Approximately 30,000 tonnes of rock will be used in the construction of the rock lining, bed armouring and<br />
snub groyne. A stockpile area (Stockpile Site 1) will need to be created on the grassed area between the<br />
river and the Esplanade Walkway to accommodate up to 5,000 tonne of rock at any one time. This<br />
immediate supply of rock is required so that there are no delays once construction of the lining is initiated<br />
and also to smooth out any minor supply delays from the quarry should they arise.<br />
Stockpile Site 1 will be accessed from an existing track leading from the end of Albert Street. Up to 300<br />
tonnes of rock will be transported to the site each day, equating to 15 truck and trailer loads per day. It will<br />
4
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take up to 150 working days (30 weeks) to deliver all of the required rock to the site. It is proposed to limit<br />
truck movements 1 to the hours of:<br />
Monday to Friday: 7:00am to 7:00pm<br />
Saturday: 7:30am to 1:30pm.<br />
A secondary stockpile area (Stockpile Site 2) is proposed to be developed on the left bank of the river and<br />
will contain approximately 2000 tonnes of rock. This area will be accessed from a newly constructed ford<br />
across the Manawatu River and access track from Stockpile Site 1. When the project is complete this<br />
stockpile site will be disestablished and replanted.<br />
A third small stockpile area (Stockpile Site 3) will be developed on land owned by the PNCC within the Pari<br />
Reserve. This will be a permanent stockpile accommodating up to 300 tonnes of rock for future<br />
maintenance of the rock lining if required.<br />
River Crossing and Access Track<br />
A ford will need to be constructed upstream of the proposed snub groyne to allow access to the left side of<br />
the river. The ford will be constructed from river gravels and be 0.7 metres below the typical low flow level<br />
of the river allowing for construction vehicles and machinery to pass. 300kg rock will be placed on the<br />
upstream face to protect the ford from scour.<br />
An access track will follow the existing beach from Stockpile Site 1 to the ford. The ford will access the<br />
Hargreaves land where a short access track will be constructed along the river bank to proposed Stockpile<br />
Site 2 and the rock lining site.<br />
Diversion of the Mangaotane Stream<br />
The Mangaotane Stream will be permanently diverted so that it enters the Manawatu River upstream of<br />
the snub groyne. A crossing will be constructed where the stream crosses the access track to allow for its<br />
passage to the river.<br />
Vegetation Clearance<br />
Clearance of vegetation will be required to allow for the access track, the new bed for the Mangaotane<br />
Stream and the construction of Stockpile Site 2. The vegetation in this area predominately consists of<br />
willow and poplar trees and other weedy species such as gorse and broom.<br />
Temporary River Channel<br />
A channel of at least 40 metres wide will be excavated through the gravel beach on the right bank of the<br />
river to act as a temporary river channel whilst the rock lining is completed. The excavation will start from<br />
the downstream end with the gravel from the excavation placed on the land between the current river<br />
channel and the excavation for later use as fill behind the rock lining. 20 metre wide areas of gravel will be<br />
left at each end of the channel to prevent water flow through the area while it is being excavated. These<br />
buffers will be removed once the channel is completed to allow the river to flow through the new channel.<br />
Snub Groyne<br />
Groynes are structures that protrude from the river bank so as to modify channel alignment by shifting<br />
higher velocity flows away from the bank.<br />
A snub groyne will be constructed a short distance upstream of the rock lining to help direct the water<br />
towards the temporary river channel. The snub groyne will remain in place permanently to help direct<br />
water along the rock lining once it is completed. The groyne will protrude into the river by 16 metres (the<br />
1 "Movements" refers to a single entry and single exit<br />
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same as the upstream end of the rock lining) and will be constructed to a height that corresponds with the<br />
annual return flood level.<br />
Temporary Cofferdam<br />
A cofferdam will be constructed from the snub groyne to the temporary river channel to divert the river<br />
into the channel and thereby allowing construction of the rock lining to proceed in a flow free river bed. A<br />
further cofferdam will be constructed at the downstream end of the works to prevent water back‐flowing<br />
into the work area and to minimise sediment release form the works to the river.<br />
Rock Lining<br />
Rock linings generally provide protection against lateral erosion through the placement of rock directly<br />
against the lower sections of the river bank.<br />
In this instance the rock lining will be constructed away from the base of the cliff and will be reinforced by<br />
the gravel previously stockpiled in the middle of the river by placing it behind the rock lining as the work<br />
progresses. The lining will have a similar design to other rock linings already constructed within the <strong>City</strong><br />
Reach. It will be approximately 460 metres long. The rock lining will extend one metre below the level of<br />
the river bed when the works are complete with the upper level of the lining at a height corresponding with<br />
the annual return flood level. The lower part of the lining will be constructed with a median rock size of<br />
750kg and be 1.7 metres thick. Above this, the lining will be constructed with a median rock size of 300kg<br />
and will be 1.2 metres thick. The whole lining will have a 2:1 slope (26.6 degrees).<br />
The rock lining will be constructed to allow the unnamed tributary to enter the Manawatu River with the<br />
top part of the wall curving towards the stream as shown on Figure 1 (attached as Appendix B). The stream<br />
will be channelled across the gravel backfill and through this ‘gap’ in the rock lining.<br />
As mentioned, PMB Landco Ltd intends to re‐contour the western cliff. These works will see the cliff<br />
battered back to a slope starting from a point that leaves a seven metre wide bench on the rock lining to<br />
allow access for maintenance of the lining and for a possible future walkway connecting ANZAC Park to Pari<br />
Reserve. The lower part of the re‐contoured cliff will be lined with quarry rock to protect the fine soils from<br />
the cliff being eroded during floods that are higher than the annual return flood level.<br />
Bed Armouring<br />
Bed armouring layers consist of a few widely spaced larger rocks interspersed with smaller rocks. The larger<br />
rocks reduce the flow velocity close to the river bed thereby minimising scouring. The bed armouring<br />
concept has been successfully used in two locations within the <strong>City</strong> Reach; around the groynes at Fitzroy<br />
Bend and at the downstream end of the Katene Street rock lining.<br />
The new bed of the river will be armoured to prevent any scouring that may undermine the new rock lining.<br />
This armouring layer will be 500mm thick and consist of 80% reject quarry rock and 20% rock with a 300kg<br />
median weight.<br />
Gravel Recovery (if required)<br />
There is a risk that if a flood occurs during the construction period it could potentially wash stockpiled<br />
gravels downstream. If this occurs, recovery of these gravels will likely be required to ensure enough gravel<br />
is available to support the rock lining and complete the works.<br />
Tied Tree Works<br />
Once the rock lining is completed, the river bank upstream of the lining will be protected with tied tree<br />
works. The purpose of this activity is to prevent lateral erosion of the river bank and maintain river<br />
alignment, by providing relatively heavy vegetative protection, developing strong root systems, and<br />
encouraging the deposition of sediment at the toe of the banks. The works will involve anchoring live trees<br />
to the river bed and bank with wire ropes and anchors. Further tree planting will be carried out behind the<br />
tie tree works during the winter following construction.<br />
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3.3 Monitoring and Maintenance<br />
Once the works are completed they will be maintained in perpetuity as a Lower Manawatu Scheme asset.<br />
It will be necessary to monitor the rock lining and groyne on a regular basis, and particularly after any<br />
floods, to ensure that any faults are noted and rectified as required.<br />
The rock lining is designed to be ‘self‐healing’ so that if any rocks are displaced from the lining due to<br />
undermining, the rocks higher up the lining can slip down to take their place and continue to provide<br />
protection of the river bank. The lining can then be topped up from above after the event. For this reason,<br />
vehicular access will be required along the top of the lining and from time to time it is likely that machinery<br />
will be present to carry out repairs and to top up the lining as required.<br />
It is proposed to leave approximately 300 tonnes of rock at Stockpile Site 3 for future maintenance of the<br />
rock lining and groyne. This will reduce the need to transport rock across the Manawatu River. However, it<br />
is likely that machinery will need to cross the river to carry out any maintenance required and as such, it is<br />
proposed to leave the ford in place after the construction. While this structure will likely erode over time, it<br />
is expected to be a simple exercise to bring it back up to useable/crossable state by topping it up with<br />
gravel as or when required.<br />
The ford will also be used to top up the Stockpile Site 3 if required in the future. This will involve the<br />
stockpiling of the rock on the right bank first and then transporting it over the river. It is expected that this<br />
would not occur more than once every five to ten years and would require 15 loads resulting in 30 river<br />
crossings.<br />
4 ALTERNATIVES<br />
4.1 Management of Erosion at ANZAC Cliffs<br />
Several alternatives to manage the erosion at the ANZAC Park cliff area have been considered over recent<br />
years. These include the following:<br />
Realign the river now<br />
This is the option that has been decided upon and for which resource consent is now being sought. Within<br />
this option three proposals have been considered.<br />
The first option considered was to realign the river on a gentler curve by locating it hard against the right<br />
bank. This would involve considerably more excavations and construction of a longer rock lining.<br />
Investigations also proved that there would be issues with an artesian aquifer underneath the site. Also,<br />
the financial cost of undertaking this option was prohibitive.<br />
The second proposal was somewhat less ambitious, and consisted of a rock lining of some 560 metres long<br />
in a similar position to that proposed now but extending upstream an additional 100 metres. Until recently<br />
this was the preferred option. However, there are several reasons why this option has not been adopted.<br />
Surveys of the gravel beach indicated that there would be insufficient gravel available for the back fill<br />
required. Rising costs of transport require that as much material as possible is sourced from the site and<br />
carting in gravel from elsewhere would exceed available budgets. The extra 100 metres of rock lining would<br />
also add significantly to the amount of rock required to be transported to the site. The Regional <strong>Council</strong> has<br />
been unable to gain access to the river, for construction, from the left bank, meaning that all rock for the<br />
lining now has to be transported through residential areas of town and forwarded across the river. Again<br />
this has added to the overall costs of the project and also causes some additional disturbance to residents<br />
and the river. The Mangaotane Stream is also problematic with it currently joining the Manawatu River<br />
behind the proposed rock lining thereby requiring it to be realigned so that it joins the river upstream of the<br />
lining. The longer lining made this difficult to achieve.<br />
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The third option is that for which consent is currently being sought. This is considered to be the most<br />
appropriate as it achieves the level of protection required whilst minimising adverse effects on residents<br />
and the river and is cost effective. This option has been fully described above in Section 3 of this report.<br />
The proposed option will see an improvement to the water quality, due to less erosion and consequent<br />
sediment discharge, of the Manawatu River and an improvement in the operation of the Lower Manawatu<br />
Flood Protection Scheme. When combined with the works proposed by PMB Landco Ltd the full benefits<br />
become more apparent with a significant improvement in public safety through the minimisation of slips<br />
and reduction in the risk of serious falls from the cliff, a small increase in the available developable land<br />
above the cliff and reduced risk to existing and future dwellings and sections above the cliff.<br />
Realign the river or carry out remedial works in the future<br />
This approach involves delaying any realignment works until a later date when the erosion becomes directly<br />
problematic in that it starts to affect the flood protection assets currently protecting the city or causes<br />
unacceptable erosion of the residential land above the cliff. While this option will save some short term<br />
expenditure it will likely be a more expensive option in the long term. As the cliff retreats, the angle of the<br />
river is becoming more acute making it harder to rectify. Also as more and more soil is eroded away it is no<br />
longer available for use as fill to pack in behind the rock lining and less land will be available for<br />
development above the cliff making the viability of completing the works less desirable.<br />
Remedial works could be carried out to protect the city side riverbank in the future when the retreating cliff<br />
directs the river flow in such a direction that it starts to erode the stopbank. This would involve the<br />
construction of a rock lining, similar to that being proposed, except on the right hand bank. This option<br />
would not bring the added benefits of providing a safe environment for river users and there would<br />
continue to be a loss of residential land from the Vaucluse Heights area.<br />
Do nothing<br />
This approach would see the Manawatu River take its natural course. The river will continue to erode the<br />
cliff at ANZAC Park and given the sharp right hand turn at the cliff it will eventually result in the river<br />
attacking the right river bank near the Manawatu Golf Club's land. The cliff edge will continue to move<br />
towards the existing dwellings and sections on Vaucluse Drive and Waicola Drive and will eventually cause<br />
an unsafe living environment for those residents of the <strong>City</strong>. As outlined in Section 3.1 of this report the 'do<br />
nothing' approach will only be viable for a limited timeframe before remedial works are required.<br />
4.2 Construction and Access<br />
Two main alternatives have been considered in the construction of the proposed works. Essentially, the<br />
major point of difference has been the location of the access to the site. The initial construction<br />
methodology had access to the site via Petersens Road and through two private land holdings. This would<br />
have involved upgrading an existing access track through the private land to reach the river where a rock<br />
stockpile area could be created. The methodology was similar to that proposed in all other respects with a<br />
temporary river channel, snub groyne and coffer dam constructed first followed by the construction of the<br />
rock lining, bed armouring and re‐contouring of the cliff.<br />
Benefits of this option were that machinery would not need to cross the river, transportation costs would<br />
be reduced, due to a shorter distance travelled, and there would be fewer disturbances to the city<br />
residents, on the esplanade walkway and the grassy areas on the right river bank. However, the <strong>Council</strong> has<br />
been unable to gain access through the private land to the site for the construction phase of the project<br />
thus requiring an alternative access.<br />
Potential options to access the site from Cliff Road and from Vaucluse Heights have been considered. Both<br />
of these options would require an access road to be constructed from the top of the cliff to the river. Given<br />
the instability, and consequent safety issues, associated with the cliff and the extra disturbance that any<br />
access road would create these options have been considered to be unsuitable. Access to the site from<br />
Albert Street, as proposed, is the only viable option available.<br />
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5 REGULATORY FRAMEWORK<br />
5.1 Manawatu-Wanganui Regional <strong>Council</strong><br />
Section 13 of the RMA restricts certain uses of the beds of lakes and rivers and states, inter alia, that no<br />
person may use, erect or place any structure in, on or over the bed and that no person may excavate, drill,<br />
tunnel or otherwise disturb the bed of any river unless the activity is allowed by a national environmental<br />
standard, a rule in a regional plan as well as a rule in a proposed regional plan, or a resource consent. The<br />
proposal involves the construction, use and maintenance of structures that will be erected or placed in and<br />
on the bed of the Manawatu River and will involve the excavation and disturbance of the river bed and is<br />
subject to the requirements of the MWRC's operative and proposed Regional Plans.<br />
5.1.1 Regional Plan for Beds of Rivers and Lakes<br />
On the face of it, it appears that Rule 22 of the Regional Plan for Beds of Rivers and Lakes (BRL Plan) would<br />
apply to this application, given its heading of 'Structures and Activities for Flood Protection or Erosion<br />
Control and the Mitigation of Flood Hazards'. The introduction to the Rule appears to anticipate the type of<br />
activity proposed, but it then goes on to only provide for four categories of structures or works, each of<br />
which are defined in size, length or some other limiting factor. These structures or works are deemed to be<br />
permitted if they comply with certain conditions.<br />
While some parts of the current proposal may meet the definitions and conditions under this rule, such as<br />
the tree bank protection works, in general the bulk of the proposed works do not fit within the defined<br />
structures or works and therefore Rule 22 has limited applicability to this proposal. Notwithstanding this,<br />
Rule 22 does permit tree bank protection works provided certain standards are met. The proposed tied<br />
tree works will be carried out so that compliance with the standards is met and it is considered that this<br />
component of the works is a permitted activity.<br />
The vegetation clearance required for the diversion of the Mangaotane Stream and for the establishment of<br />
the access tracks and rock Stockpile Site 2 is provided for under Rule 19. This rule permits the removal of<br />
vegetation from the bed of a river provided certain conditions are met. Most of these conditions relate to<br />
water quality. The vegetation to be removed is situated on the river banks and not within the flowing river<br />
itself. The removal of vegetation will be undertaken so as to comply with the conditions under Rule 19 and,<br />
as such, is a permitted activity.<br />
Rules 9 and 10 relate to diversions of water, associated bed disturbance and structures for diversion. Rule 9<br />
provides for minor diversions and associated activities, including the excavation or disturbance of a river<br />
bed, the damming or discharge of water, the discharge of sediment and the drainage or reclamation of the<br />
old bed as permitted activities provided they meet certain performance conditions. This proposal does not<br />
meet performance condition (i) in that the realigned channel will exceed 100 metres in length. It therefore<br />
falls to be considered as a Discretionary Activity under Rule 10 of the BRL Plan.<br />
Rule 10 provides for new diversions of water within or out of the bed and associated activities including:<br />
<br />
<br />
<br />
The erection or placement of a structure in, on, under or over the bed of a river or lake;<br />
The disturbance of a river or lake bed; and<br />
The discharge of sediment.<br />
It is noted that Rule 10 does not specifically include the 'excavation' of the river bed as an associated<br />
activity, as Rule 9 does. It appears that this may be an oversight in the drafting of the Plan as the advisory<br />
note in Rule 9 states that:<br />
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"Any activity otherwise governed by, but does not comply with one or more of the performance<br />
conditions of BRL Rule 9 is a Discretionary Activity in accordance with BRL Rule 10 and a resource<br />
consent is required".<br />
Given that 'excavation or disturbance of a river bed' is governed under Rule 9, it follows that it would be<br />
addressed under Rule 10 if a performance condition was not met, as is the case with this proposal.<br />
Furthermore, the introduction to Rules 16 and 17, which provide for the excavation of the bed that does<br />
not remove material, states that excavation or other bed disturbance associated with structures associated<br />
with damming or diverting are provided for under Rule 10, among others.<br />
It is considered that Rule 10 of the BRL Plan is the appropriate rule to apply to the proposal giving it a<br />
discretionary activity status.<br />
5.1.2 Proposed One Plan<br />
The proposed One Plan is a combined regional policy statement and regional plan. The decisions on<br />
submissions to the proposed One Plan were publicly released on 24 August 2010 but many were<br />
subsequently appealed. Appeals have not yet been heard and at this stage the plan is not operative and its<br />
provisions cannot be afforded full weight.<br />
Chapter 16 of the proposed One Plan provides for activities in the beds of rivers and lakes. Specifically, Rule<br />
16‐13 provides for activities undertaken by or on behalf of the Regional <strong>Council</strong> in rivers with a 'Schedule AB<br />
Value of Flood Control and Drainage', as a permitted activity. The Manawatu River has this 'Flood Control<br />
and Drainage Value' assigned to it between the Coastal Marine Area boundary and the confluence with the<br />
Pohangina River, therefore Rule 16‐13 is applicable to this proposal. Rule 16‐13 provides for the following<br />
activities:<br />
a. The erection, placement, or extension of any structure in, on, under or over the bed of a river pursuant<br />
to s13(1) RMA<br />
b. The excavation, drilling, tunnelling or other disturbance (including gravel extraction) of the bed of a<br />
river pursuant to s13(1) RMA<br />
c. Any damming or diversion of water pursuant to s14(2) RMA<br />
d. Any discharge or deposition of plants, removed bed material, rock, shingle, earth, cleanfill material,<br />
water or sediment into water or onto or into land pursuant to ss13(1), 15(1) or 15(2A) RMA<br />
e. The damage, destruction, disturbance or removal of plants or parts of plants pursuant to s13(2) RMA.<br />
These activities are considered to be Permitted Activities provided that the activity is undertaken in<br />
accordance with the following listed sections of the Environmental Code of Practice for River Works<br />
(MWRC, June 2010) and does not involve an activity prohibited under Rule 16‐1 or an activity regulated<br />
under Rule 16‐4 (except that the activities may be carried out in specified Sites of Significance ‐ Aquatic and<br />
Sites of Significance ‐ Cultural).<br />
<br />
<br />
<br />
<br />
The Generic Standards in section 2.4.2 of <strong>Part</strong> One Generic Standards for Good Practice<br />
The description of each Activity and the associated Standards for Good Practice in <strong>Part</strong> Two (for the<br />
avoidance of doubt, excluding the discussion of the Resource Management Act and potential beneficial<br />
and adverse effects)<br />
Generic Special Standards and the Site Specific Special Standards in <strong>Part</strong> Three (for the avoidance of<br />
doubt, excluding Scheme maps and Scheme dams and locations)<br />
<strong>Part</strong> Seven Definition of Terms, insofar as those defined terms must not be used other than in relation<br />
to interpreting the Environmental Code of Practice for River Works.<br />
The proposed works, in particular the diversion of water, fail to comply with all of the <strong>Part</strong> Two standards of<br />
the Environmental Code of Practice, particularly those specific to gravel management including channel<br />
realignment and diversions. The proposed works will not meet Condition 5 relating to gravel movement on<br />
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beaches which specifies that such movement shall be limited to strips not exceeding 3 metres in width. The<br />
proposal involves excavating a channel, of at least 40 metres wide, through the gravel beach to act as a<br />
temporary diversion and will also involve the movement of gravel from the beach in greater than 3 metre<br />
wide strips.<br />
The tied tree works and the removal of vegetation will be carried out in accordance with the standards<br />
within the Environmental Code of Practice for River Works and are therefore considered to be permitted<br />
activities.<br />
The identified non‐compliances with the standards of the Environmental Code of Practice in relation to the<br />
movement of gravel mean that the bulk of the proposal must be considered under other rules within the<br />
One Plan.<br />
Given the proximity of the subject site to Te Motu‐a‐Poutoa it is considered by the MWRC that the subject<br />
site is a Site of Significance – Cultural and that Rule 16‐4 could therefore apply. This view was discussed in a<br />
meeting with representatives from Tanenuiarangi Manawatu Incorporated (TMI) with no alternative view<br />
being raised as to this status.<br />
This rule provides for all of the proposed activities as a Discretionary Activity and states:<br />
Except as prohibited by Rule 16‐1, any of the following activities pursuant to s13(1) RMA within:<br />
…<br />
(b)<br />
Sites of Significance ‐ Aquatic and Sites of Significance ‐ Cultural<br />
(i)<br />
(ii)<br />
and any ancillary:<br />
(i)<br />
(ii)<br />
(iii)<br />
The erection, placement or extension of any structure^ in, on, under or over the bed^,<br />
except for lines, cables and ropeways that are suspended above the water^ and do not<br />
require a support structure^ in, on, over or under the bed^ and except for those activities<br />
regulated by Rule 16‐13<br />
Any excavation, drilling, tunnelling or other disturbance of the bed^, except for<br />
those activities regulated by Rules 16‐6 and 16‐13<br />
damming or diversion of water^ pursuant to s14(2) RMA<br />
discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or<br />
15(2A) RMA<br />
deposition of substances in or on the bed^ pursuant to s13(1).<br />
It is noted that this Rule does not apply to those activities regulated by Rule 16‐13. Given that the proposal<br />
cannot comply with Rule 16‐13 it could be considered that it is not regulated by the Rule and that Rule 16‐4<br />
is the appropriate rule to apply thereby giving it a discretionary status. An alternative view could be that<br />
the proposed activities are regulated by Rule 16‐13 and because they do not comply with the<br />
Conditions/Standards/Terms under that rule the proposal is considered a discretionary activity under Rule<br />
16‐20 being the default rule for all activities not otherwise complying with permitted, controlled or<br />
restricted discretionary activity rules within Chapter 16 of the Plan.<br />
In any case, the activity is considered to be a Discretionary Activity under the Proposed One Plan.<br />
5.1.3 Summary of Activity Status<br />
The proposal is considered to be a Discretionary Activity under both the Regional Plan for Beds of Lakes and<br />
Rivers and the Proposed One Plan.<br />
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5.2 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong><br />
Due to the erosion in the ANZAC Cliff area the river has moved beyond the river channel as defined in the<br />
<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District Plan (e.g. Water Recreation Zone and Flood Protection Zone) and now also<br />
runs through parts of an unformed road, the Residential Zone and the Conservation and Amenity Zone as<br />
defined in the Plan. Accordingly the proposed works will also take place within these zones, although they<br />
will be within the current river bed. The location of the proposed works in relation to the <strong>Palmerston</strong> <strong>North</strong><br />
<strong>City</strong> zoning can be seen on Figure C contained within Appendix A attached to this report.<br />
5.2.1 The <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District Plan<br />
The proposed works will take place within several zones as defined in the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District<br />
Plan (the District Plan) as follows:<br />
<br />
<br />
<br />
<br />
Water Recreation Zone<br />
Flood Protection Zone<br />
Conservation and Amenity Zone<br />
Residential Zone<br />
In addition to the above zones, the works will also take place within the boundaries of an unformed road.<br />
Rule 24.3.1 of the Plan requires that all roads, whether constructed or not, shall be given an underlying<br />
zoning of the adjoining property. Therefore the unformed road will assume the zoning of the adjacent<br />
properties and in this instance will include all of the abovementioned zones.<br />
Water Recreation Zone<br />
The Water Recreation Zone has been established to cover the fresh water surface areas of the Manawatu<br />
River, and other rivers, located within the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> boundary and is focussed on permitting<br />
recreational activities while controlling noise from such activities. The rules permit water related recreation<br />
activities and associated activities and minor temporary military training activities with all other activities<br />
deemed to be Discretionary Activities under Rule 15.6.6.1.<br />
However, under the explanation in Section 15.6.1 Objectives and Policies, the following is stated:<br />
Activities occurring on the riverbeds, or within the waterbody, are the responsibility of the Manawatu‐<br />
Wanganui Regional <strong>Council</strong> and are not addressed in this District Plan. Activities which may disturb<br />
riverbeds in any way require a consent from the Manawatu‐Wanganui Regional <strong>Council</strong>.<br />
This statement provides a clear message that the District Plan does not address activities that take place in<br />
or on a river bed or within a waterbody. It is considered that the proposed works are works that will take<br />
place in and on the bed of the river as defined in the Act and are therefore a Regional <strong>Council</strong> matter and<br />
not of concerns to the Territorial Authority.<br />
Correspondence with the PNCC Senior Planner regarding this issue established that the PNCC considers that<br />
a resource consent from it is required, especially in respect of the Conservation and Amenity Zone and the<br />
Residential Zone.<br />
It is considered that resource consent from the PNCC is not required for the works within the Water<br />
Recreation Zone, however, if determined otherwise, sufficient information is provided within this<br />
assessment of environmental effects to enable a full assessment of the activities to determine consent.<br />
For the avoidance of any doubt a land use consent is sought, if required, under Rule 15.6.6.1 for the<br />
construction, use and maintenance of the flood and erosion control structures and any associated<br />
structures, as a Discretionary Activity.<br />
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Flood Protection Zone<br />
The Flood Protection Zone lies on land adjacent to the river and is generally defined by the river’s stopbanks<br />
or maximum flood flows. Rule 22.8.1.1 states:<br />
R 22.8.1.1 Permitted Activities<br />
The following activities are Permitted Activities:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
Recreational activities.<br />
Grazing and cropping, including horticulture.<br />
Walkways, bridlepaths and cycleways.<br />
Soil conservation and river control works carried out or supervised by the Manawatu‐Wanganui<br />
Regional <strong>Council</strong><br />
The proposed works and any future maintenance fall within (iv) Soil Conservation and River Control Works<br />
carried out or supervised by the MWRC, and are therefore deemed to be a Permitted Activity in this zone.<br />
Conservation and Amenity Zone<br />
The Conservation and Amenity Zone covers natural areas that have been identified as having high<br />
environmental or amenity values. The allotments containing both ANZAC Park and Pari Reserve are zoned<br />
Conservation and Amenity and small parts of the rock lining and gravel back fill will be located within the<br />
zone.<br />
In this zone the construction and development of flood protection works by the MWRC are provided for as<br />
a Discretionary Activity under Rule 15.5.7.2. This rule states:<br />
R 15.5.7.2 Construction, Development or Redevelopment of Flood Protection Works by the<br />
Manawatu‐Wanganui Regional <strong>Council</strong><br />
The construction, development or redevelopment of Flood Protection Works or Structures by the<br />
Manawatu‐Wanganui Regional <strong>Council</strong> shall be a Discretionary Activity (Unrestricted).<br />
The structural maintenance of flood protection works is deemed to be a Controlled Activity in the<br />
Conservation and Amenity Zone under Rule 15.5.5.1 that states:<br />
R 15.5.5.1 Structural Maintenance of Flood Protection Works by the Manawatu‐Wanganui Regional<br />
<strong>Council</strong><br />
Structural Maintenance of Flood Protection works or structures by the Manawatu‐Wanganui Regional<br />
<strong>Council</strong> are Controlled Activities with regard to:<br />
‐ Effects on Adjoining Residential Areas;<br />
‐ Effects on Conservation, Heritage, Scientific, and/or Amenity Values;<br />
‐ Effects of Disturbance on Land Form;<br />
‐ Disturbance of Flora and Fauna.<br />
Residential Zone<br />
The Residential Zone provides for residential and certain non‐residential activities throughout the <strong>City</strong>. A<br />
small portion of the proposed works will extend into the Residential Zone where it currently overlaps the<br />
active river channel.<br />
In the Residential Zone the construction and development of flood protection works by the MWRC are<br />
provided for as a Restricted Discretionary Activity under Rule 10.8.3.3. The rule states:<br />
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R 10.8.3.3 Construction, Development or Redevelopment of Flood Protection Works or Structures by<br />
the Manawatu‐Wanganui Regional <strong>Council</strong>.<br />
The construction, development or redevelopment of Flood Protection Works or Structures by the<br />
Manawatu‐Wanganui Regional <strong>Council</strong> shall be a Discretionary Activity (Restricted) with regard to:<br />
‐ Height<br />
‐ Location<br />
‐ Effects of such work on residential amenity<br />
It is noted that Rule 10.8.1.9 provides for the structural maintenance of flood protection works or<br />
structures by the MWRC as a Permitted Activity.<br />
5.2.2 Summary of Activity Status<br />
Resource consent is required to construct the flood protection structures as a Discretionary Activity under<br />
Rule 15.5.7.2 (Conservation and Amenity Zone) and as a Restricted Discretionary Activity under Rule<br />
10.8.3.3 (Residential Zone). If resource consent is required for the proposal within the Water Recreation<br />
Zone then both the construction and future maintenance of the structures will be a Discretionary Activity<br />
under Rule 15.6.6.1.<br />
Resource consent is also required for future maintenance of the structures within the Conservation and<br />
Amenity Zone as a Controlled Activity pursuant to Rule 15.5.5.1.<br />
Overall it is considered appropriate that the consents required from PNCC be bundled and that the proposal<br />
be assessed as a Discretionary Activity under the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District Plan.<br />
5.3 Statutory Process<br />
5.3.1 The Resource Management Act 1991<br />
The activities, structures and associated sediment discharges of the proposed works are considered to be<br />
discretionary activities under the relevant plans. Sections 104 and 104B of the Act apply to the activities for<br />
which consents are being sought. Given that there is likely to be some discharge of sediment as the works<br />
take place, the matters outlined in Section 105 of the Act also apply to the proposal. In this instance there<br />
are no alternatives possible to the discharge of the sediment, given that the works can only take place in<br />
the river. The best that can be achieved is that the discharge of sediment is managed to keep it to a<br />
minimum. This is largely achieved through following the proposed methodology of works. The relevant<br />
assessments under Section 104 are contained below in this report.<br />
5.3.2 National Environmental Standards<br />
Applications for discharge permits are required to be assessed against the Resource Management (National<br />
Environmental Standards for Sources of Human Drinking Water) Regulations 2007. Regulations 7 and 8 of<br />
the National Environmental Standard refer to instances when a Regional <strong>Council</strong> must not grant a water<br />
permit or discharge permit. Regulation 6 limits their applicability to activities that have the potential to<br />
affect registered drinking‐water supplies that provide more than 501 people with drinking water. In this<br />
instance there are no registered drinking water supplies that source water from the Manawatu River<br />
downstream of the activity. Therefore, the National Environmental Standard does not require further<br />
consideration.<br />
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5.4 Objectives and Policies<br />
There are a number of objectives and policies that are relevant to these applications. These include the<br />
relevant objectives and policies contained within the following documents:<br />
<br />
<br />
<br />
<br />
<br />
National Policy Statement for freshwater management;<br />
The Operative Regional Policy Statement;<br />
The Regional Plan for the Beds of Rivers and Lakes;<br />
The Proposed One Plan; and<br />
The <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District Plan<br />
The relevant objectives and policies from these documents are assessed in Section 7 of this report below.<br />
6 ACTUAL AND POTENTIAL EFFECTS OF THE ACTIVITY<br />
The effects of the proposal can be split into two broad categories; the permanent effects of the completed<br />
works and the shorter term effects that arise during the construction phase of the project. This assessment<br />
addresses only the actual and potential effects of the proposed works carried out by the Regional <strong>Council</strong>.<br />
The effects of the proposed works carried out by PMB Landco Ltd are addressed in the separate<br />
applications lodged with the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> and the Manawatu‐Wanganui Regional <strong>Council</strong><br />
for those works.<br />
6.1 Construction Effects<br />
It is acknowledged that adverse effects may potentially be generated during the construction phases of the<br />
project. These effects will be of a relatively short duration and will affect only a short section of the river<br />
and surrounding environment for one summer construction season. A construction methodology has been<br />
formulated that will minimise the potential effects as much as is possible. This is attached to this report as<br />
Appendix E.<br />
In terms of avoiding potential effects three key principles have been utilised in the construction<br />
methodology. These are to:<br />
<br />
<br />
<br />
Carry out works in the dry or in non‐flowing river bed or water as much as possible<br />
Minimise machinery in water<br />
Provide silt retention facilities (silt fences and sediment ponds)<br />
Effects on water quality<br />
The main effect on water quality will be the potential discharge of sediment to the river during excavations<br />
and construction of the various components of the project. The effects of sediment on waterways can<br />
include the smothering of aquatic life, loss of spawning grounds, reduction in habitat quality, disruption of<br />
upstream migrations, and reduced feeding and growth rates for aquatic life.<br />
It is intended to keep such sediment discharges to a minimum by adherence to the proposed construction<br />
methodology and the implementation of the silt mitigation measures contained therein.<br />
As much of the works as possible will be completed from the right bank without disturbing the river. This<br />
includes the placing of the 750kg rock for the lining between chainages 280 to 480 (refer to Site Layout plan<br />
– Appendix B for chainages).<br />
The river channel for the temporary diversion will be excavated through the beach starting 20 metres from<br />
the downstream end and moving upstream to ensure that that flowing water is not running through the<br />
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channel as it is excavated. Once the bulk of the channel is excavated the remaining downstream and<br />
upstream portions will be removed allowing the river to flow through. This will likely see a ‘flushing flow’ of<br />
water containing higher than normal loads of sediment from the disturbed gravels for a short time.<br />
Accessing the site from the right bank will necessitate carting most of the rock across the river. A crossing<br />
(ford) will be established upstream of the work site to allow for this. It is expected that sediment in the<br />
river bed will be disturbed and released during the construction of the ford. Numerous trips across the<br />
river by off‐road trucks will be required and while these crossings may cause disturbance of the gravels in<br />
the ford, initially resulting in a small amount of sediment discharge, it is expected that this will soon settle<br />
and any discharge will be minimal. It is noted that the trucks themselves will not introduce new<br />
contaminants into the river environment.<br />
The construction of the snub groyne and cofferdam will be constructed in the active river channel and there<br />
is expected to be some sediment released from the river bed and gravels while this work takes place. Past<br />
experience has shown that sediment discharges from this type of work is short term and any discoloration<br />
is expected to dissipate within 200 to 300 metres of the site. The groyne and coffer dam will be wide<br />
enough to allow heavy vehicle access from the central island created between the new river channel and<br />
the old channel and will be used to transport gravels between the island and the work site.<br />
A further cofferdam will be constructed downstream of the worksite to prevent the free flow of river water<br />
from entering the site. The construction of the majority of the rock lining and the bed armouring will take<br />
place in the dry 2 river bed contained within the cofferdams minimising the release of sediment into the<br />
river.<br />
The unnamed tributary that runs from the central valley between Waicola and Cashmere Drives will run<br />
into the ‘dry’ area. This stream only flows during wet weather and only has a small volume of flow. As the<br />
works progress past this stream, it will be channelled so that it can flow directly over the rock lining and to<br />
the river. A cross section of the proposed stream channel is shown on Figure 5 of the engineering plans<br />
attached as Appendix B. The Mangaotane Stream will be diverted so that it runs to the Manawatu River<br />
upstream of the proposed works thereby avoiding any issue of inflow and associated outflow of sediment<br />
laden water from the work area.<br />
The lower portion of the rock lining will be constructed within the flowing river but will be done so from the<br />
left bank and from the platform created from the previously completed works. Excavations of the river bed<br />
to reach the founding depth of the rock lining will cause unavoidable sediment release to the river. Once<br />
the lower portions of the wall are constructed it is expected that sediment release will be minimal. River<br />
gravels will be carted from the central island over the upstream coffer dam and to the construction site<br />
thereby requiring no river crossings during this phase of construction.<br />
An additional potential cause of an adverse effect on water quality is the accidental release of oils or other<br />
chemicals from machinery working in the riverbed. All machinery working in this environment is required<br />
to be of good condition and properly maintained and is not to be parked or left unattended in or near the<br />
river. The risk of this type of spill is considered to be extremely low.<br />
All fuels and oils will be required to be stored well away from any surface water bodies and in bunded<br />
facilities to avoid the likelihood of such contaminants entering water bodies.<br />
Unclean machinery can also spread weed species into new terrestrial and aquatic environments. This has<br />
been observed in the South Island with the rapid spread of Didymo throughout several water bodies. To<br />
minimise such risk all machinery will be required to be cleaned prior to entering any water bodies on the<br />
site to prevent the spread of pest species.<br />
2 The term 'dry' is used here but is a loose term as the bed will still contain water but it will not be running into the river. It would be more of a pool of still water.<br />
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The extent and nature of the disturbance to the river bed<br />
The proposed works will disturb the bed of the river in the immediate location of the works. As described<br />
in Section 3.2 above, it is intended to excavate a temporary river channel through the beach on the right<br />
bank of the river and to eventually use this gravel to support the rock lining. The proposed works will<br />
disturb the river bed for much of its width in places and for a length of some 550 metres in total.<br />
Some of the proposed works will be permanent, e.g. the rock lining, the snub groyne, bed armouring and<br />
re‐alignment of the River and Mangaotane Stream. Other components will be removed once works are<br />
complete, e.g. cofferdams. It is expected that the beach on the right river bank will reform over time after<br />
completion of the works however, it will not reform to the same extent that it is now due to the river being<br />
closer to the right bank.<br />
Effects on in‐stream habitats, spawning habitats and fish passage<br />
The proposed method of construction will ensure that fish passage is maintained in the Manawatu River at<br />
all times during the construction period. Fish passage will also be maintained for the Mangaotane Stream.<br />
The unnamed tributary only flows during wet weather and it has a small waterfall of about two metres in<br />
height as it joins the river. When the works are complete it is expected that it will continue to have a similar<br />
fall into the river at low flow conditions.<br />
Any habitats in the immediate area of the works will likely be destroyed, however it is expected that such<br />
habitats would quickly reform in this area once the works are complete as has occurred near other rock<br />
linings along the river. Downstream habitats could potentially be affected by sediment released from the<br />
river bed during the works but it is expected that this will be limited to 200 to 300 metre downstream of the<br />
site. Past experience has shown that sediment can be released from such works but that it is minimal and<br />
does not stay in suspension for any great distance. Adherence to the construction methodology will<br />
mitigate the severity of the effects on downstream habitats with the majority of the works taking place out<br />
of the active river channel.<br />
The ‘in river’ construction works are programmed to start in September 2012 and are expected to be<br />
complete by April 2013 thus avoiding the spawning season of trout (May to September).<br />
Effects on flood flows<br />
The works will not restrict or affect flood flows of the river itself, however, the possibility of floods during<br />
the construction phase presents challenges to the project. If a flood were to occur during the construction,<br />
it is possible that stockpiled gravel could be lost downstream. To help mitigate this, the work is to proceed<br />
quickly once commenced. Also, the shape of the stockpile, following the curvature of the river, and the<br />
addition of larger rocks at the upstream end of the stockpile are expected to minimise any losses during a<br />
flood event. Some gravel recovery may be required from downstream if losses are experienced.<br />
Effects on water levels and passage of flows<br />
The passage of flows will be maintained throughout the construction stages of the project. Once the river is<br />
diverted through the temporary channel the works will proceed in the "dry" river bed with no effect on the<br />
river flow. Water levels are not expected to alter as a result of the proposal. The river will still rise and fall<br />
naturally in accordance with rainfall in its catchments.<br />
It is intended to realign the Mangaotane Stream so that it joins the river just upstream of the snub groyne.<br />
Once the initial re‐alignment is completed the only further effects on this stream will be from machinery<br />
crossing it via a ford on the access track to the site. The rock lining will be designed to accommodate the<br />
smaller unnamed tributary so that it will join the river in the approximate location and level that it does<br />
now.<br />
Effects on public access to the river and recreation<br />
During construction, public access to the site, in particular the river, beach and rock stockpile area will need<br />
to be restricted. Currently there are signs restricting access to the river in this location due to the existing<br />
safety concerns in the area so effectively there will be little change from the current situation.<br />
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Before any works start, Stockpile Site 1 and the surrounding area will be fenced off to prevent public access<br />
to the site. Access will be maintained along the Esplanade Walkway between the river and golf course. It is<br />
noted that part of the Esplanade Walkway is currently shared with the access track between Albert Street<br />
and the proposed stockpile area. To address this, prior to any works commencing on the site a Health and<br />
Safety plan will be developed for the works and site that will address the shared access arrangement and<br />
seek to eliminate, isolate or minimise risks and hazards associated with this, as is required under the Health<br />
and Safety in Employment Act.<br />
Effects on spiritual and cultural values<br />
The works are proposed to occur within the current active channel of the river and on land where the river<br />
has flowed in the past. It is unlikely that any archaeological sites exist within the active river channel or past<br />
channels as any such sites would most likely have been washed away by the river.<br />
No archaeological sites are known to exist within the subject site itself, however given the location of the<br />
nearby Te Motu o Poutoa pa site it is possible that archaeological sites or remains may be discovered at the<br />
base of the cliff where debris has slipped from above. During the PNCC Plan Change 2 process a Protocol<br />
for the Accidental Discovery of Archaeological Sites was developed for the works at the site. This protocol is<br />
attached to this report as Appendix F and outlines the process to be followed in the event that an<br />
archaeological site is discovered including the cessation of works. It is proposed to adhere to this protocol<br />
should any site or remains be discovered at the work site.<br />
It is noted that an archaeological site T24/22 is recorded with the New Zealand Archaeological Association<br />
as being located near the Esplanade Walkway between the site and the Manawatu Golf Course. While not<br />
within the subject site an authority from the New Zealand Historic Places Trust is being sought for the works<br />
near the site separately to this application.<br />
Traffic Effects<br />
It is expected that up to 15 truck and trailer loads of rock per day will be delivered to the site. In addition,<br />
transporters will deliver the necessary machinery to the site as required throughout the works and light<br />
vehicles will visit the site on a daily basis with various personal such as machinery operators, engineers,<br />
MWRC staff, and other such persons required to carry out or oversee the works.<br />
Access to the site will be from Albert Street. Contracts for the rock supply or construction works have not<br />
been let at this stage so there is some uncertainty as to where most of the traffic will come from. However,<br />
if sourced from the Aokautere side of the river then heavy vehicles will travel across the Fitzherbert Bridge,<br />
along Te Awe Awe Street and Albert Street to the site. If rock is sourced from the city side of the river then<br />
it is likely that heavy vehicles will travel along Main and Albert Streets or alternatively from Fitzherbert<br />
Avenue, Te Awe Awe Street and Albert Street to the site. It is anticipated that the roading network will<br />
accommodate the expected level of traffic with no difficulty.<br />
One of the benefits of sourcing as much material as possible for the proposed works from the river itself, is<br />
that it minimises traffic movements and any associated short term effects that this causes.<br />
Effects from Noise<br />
Noise will primarily arise from machinery working, from trucks unloading rock and from vehicles travelling<br />
to and from the site. Probably the most significant source of noise will be from the unloading of rock with<br />
noise generated as the rock slides from the truck trays. As stated, there will be up to 15 truck and trailer<br />
movements for unloading rock at the site per day. This noise will be mitigated by limiting the hours that<br />
trucks can deliver rock to certain hours, as outlined below, by the distance between the stockpile area and<br />
the nearest dwellings (approximately 500 metres) and by the mass of the existing stopbanks along the river<br />
providing a physical barrier between the stockpile area and any dwellings.<br />
Hours of truck movements: Monday to Friday: 7:00am to 7:00pm<br />
Saturday:<br />
7:30am to 1:30pm<br />
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Other sources of noise will be from the operation of the various machinery required to carry out the works.<br />
This is likely to consist of excavators, motor scrapers and off‐road trucks. Any machinery will be required to<br />
be in good order and maintained and will have appropriate mufflers fitted. This noise source is not<br />
expected to be any different to other working machinery in the area, e.g. excavators carrying out river<br />
maintenance works or stopbank works as are currently taking place in the locality, and given the distances<br />
between the site and the nearest dwellings it is expected to comply with the District Plan limits.<br />
It is expected that working hours for the river works to be from 7:00am to 7:00pm 7 days a week and<br />
including public holidays. This is required to maximise the low flow conditions over the summer period as<br />
they are available. Without this flexibility it is possible that the works will not be completed within the one<br />
summer resulting in further adverse effects associated with working in higher flow river conditions.<br />
It is noted that the recent upgrades of the stopbanks adjacent to the subject area required more trucks per<br />
day and had machinery working much closer to dwellings that the proposed works and that there has been<br />
little concern regarding noise with no complaints or negative comments known to have been received.<br />
Vehicles, especially trucks, entering and leaving the site may create some noise, primarily engine noise and<br />
tailgates and decks rattling as they drive past. This is unlikely to be an issue on the formed roads as they are<br />
sealed and in good condition. The District Plan allows for use of the roading network and also provides an<br />
exemption to noise from vehicles being driven on roads (see Rule 6.2.6.2 Exclusions from Noise Control<br />
Rules). The access track from the end of Albert Street to the stockpile area is not a road in terms of the<br />
District Plan but it is sealed for most of its length. Noise will be mitigated by keeping the access track in<br />
good condition. Trucks will be travelling at low speed along this track thereby keeping noise and<br />
disturbance to a minimum.<br />
Effects from Dust<br />
The proposed works will generally be carried out in or near a water environment so any dust from the<br />
works will be minimal. The access road to the site is largely sealed. If dusty conditions arise a water cart<br />
will be employed as necessary to dampen down the problem areas.<br />
Vegetation Clearance<br />
Vegetation clearance will be required to allow for the access track on the left bank of the river, the realignment<br />
of the Mangaotane Stream and for Stock Pile Sites 2 and 3. The existing vegetation consists of<br />
willows, poplars and other weedy species and as such is not of high value, ecologically or otherwise. It is<br />
proposed to redistribute soil over Stockpile Site 2 and to replant it with trees once the works are complete.<br />
Stockpile Site 3 will be left with approximately 300 tonne of rock on it for future maintenance use. It is<br />
proposed to top soil and grass all access tracks and it is expected that they will soon revegetate with more<br />
substantial vegetation within a short time.<br />
6.2 Effects of the Permanent Works<br />
Effects on water quality<br />
Once the works are completed there will be an improvement in water quality due to the cessation of<br />
sediment discharges to the Manawatu River resulting from the erosion of the cliff. It is estimated that up to<br />
20,000m 3 of sediment per year is currently entering the river from the cliff. Such erosion will cease with the<br />
completion of the works and the stabilisation of the cliff.<br />
The extent and nature of the disturbance to the river bed<br />
The finished works will consist of the snub groyne, the rock lining bed armouring and the ford. The river will<br />
have been permanently realigned so that it is located closer to the right bank of the river. The Mangaotane<br />
Stream will enter the river slightly upstream of its current location, and the unnamed tributary will be<br />
extended slightly to enter the river via a gap in the top part of the rock lining.<br />
Once the works are complete there will be few further disturbances to the bed of the river. As stated the<br />
rock lining is designed to be self‐healing so if it is undermined, rocks will slip into place filling the gap and<br />
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preventing further erosion. These areas can then be topped up later from above with no further<br />
disturbance to the river bed or active channel. The ford will be used for machinery to cross the river when<br />
maintaining or repairing the rock lining and will be occasionally used to transport rock to Stockpile Site 3 if<br />
and when required. It is expected that this may amount to 15 loads of rock every 10 years or so.<br />
Effects on in‐stream habitats, spawning habitats and fish passage<br />
It is unlikely that the finished works will result in any significant effects on in‐stream habitats, spawning<br />
habitats or fish passage. Currently the cliff is actively eroding and slipping into the river resulting in a very<br />
dynamic environment that is not suitable for supporting in‐stream or spawning habitats. The works will<br />
result in a stable channel environment and the rock lining will also provide gaps and shelter between rocks<br />
suitable for some fish species. It is noted that rock linings can result in the permanent preclusion of riparian<br />
vegetation or bank shading, however in this instance there is no riparian vegetation or shading currently<br />
provided in the area.<br />
Fish passage will not be impeded by the finished works. The Manawatu River will flow against the new rock<br />
lining and fish will be able to swim up or down river as usual. Fish passage will also be maintained along the<br />
realigned portion of the Mangaotane Stream. The unnamed tributary will continue to have a small drop<br />
into the Manawatu River as it currently does so no change is expected to fish passage along this stream.<br />
Effects on channel, bank or bed stability<br />
The intent of the works is to improve the channel, bank and bed stability to prevent further erosion of the<br />
river bed and ANZAC Park Cliff in the immediate location. It is anticipated that there will only be positive<br />
effects on channel, bank and river bed stability as a result of the proposed works.<br />
Effects on flood flows<br />
The finished works will not have an effect on the flood flows of the Manawatu River. The rock lining will<br />
have a design height equal to that of the annual return flood level and any floods above this height will<br />
simply flow over the top of the wall as they do for other similar rock linings. The first four metres of fill<br />
placed on the rock lining by PMB Landco Ltd will be lined by reject quarry rock to protect the slope from any<br />
further erosion during flood events.<br />
The works are also being done to ensure the integrity of the existing <strong>City</strong> stopbanks and to ensure safe<br />
conveyance of flood flows through the <strong>City</strong> Reach of the Lower Manawatu Flood Protection Scheme.<br />
Effects on public access to the river and recreation<br />
The potential for public access will be greatly enhanced by the proposed works. Currently there is no safe<br />
public access along the left bank of the Manawatu River in this location and access to Pari Reserve is<br />
difficult with the reserve being located within a steep sided valley. The <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> has<br />
indicated a desire to see a public access route along this side of the river.<br />
The design of the proposed works will see a seven metre wide bench on top of the rock lining between the<br />
river and the toe of the re‐contoured cliff. This area will provide access for future inspections and<br />
maintenance of the finished rock lining and groyne. Subject to PNCC funding and works, the bench will also<br />
enable a safe public access link from ANZAC Park to Pari Reserve to be formed.<br />
Whilst the river will be located closer to the right bank it is expected that the beach on the inside of the<br />
corner will reform naturally over time providing good access to the river. Overall the finished works will<br />
provide improved access to the river, its margins and the nearby reserves and will eliminate a real risk to<br />
public safety.<br />
Effects on natural character<br />
Currently the river flows directly into the cliff and makes a dramatic turn to the right. This sharp change in<br />
river flow combined with the active slipping of the cliff provides for a very active scene for viewers. There is<br />
little human modification at the river's edge on the left bank of the river. Although not considered to be a<br />
significant habitat, the Pari Reserve is vegetated but this is also being actively eroded by the river.<br />
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This natural character of the area will change as a result of the proposed works. The river channel will be<br />
located closer to the right bank of the river and the river will take a more constant and gentler curve around<br />
the corner as it did previously. The rock lining and upstream groyne will be visible for much of the time, the<br />
exception being in flood events that exceed the annual return period flood level. The works may also see<br />
the introduction of a public access to the left bank of the river. Some people may also find that the<br />
presence of people on the left hand side of the river detracts from the character of the area. It is not<br />
expected that there will be any change to any habitats offered by the Pari Reserve, and it is likely that there<br />
will be improvements in habitats offered by the river due to the stabilisation of the erosion from the cliff<br />
above.<br />
The realignment of the Mangaotane Stream is not likely to change the natural character of the area to any<br />
great extent. Currently the stream runs through exotic scrub before joining the river at the subject site and<br />
is extremely difficult to identify from the right bank of the Manawatu River. Once realigned, the stream will<br />
continue to flow through similar vegetation as it does now and would still be difficult to identify.<br />
The access track between the river crossing and subject site on the left bank would likely be visible and<br />
could detract from the natural character that bank. It is intended to top soil and grass all access tracks to<br />
help prevent erosion and it is expected that the track would quickly revegetate with light scrub similar to<br />
that around it after its use has ceased.<br />
Effects on infrastructure (MWRC monitoring station and Fitzherbert Bridge)<br />
The MWRC has a river monitoring station near the former Teachers College. This station is of considerable<br />
importance to the Regional <strong>Council</strong> as it is used to monitor levels and flow rates of the river and in turn this<br />
information is used in and to assess various resource consents and to inform policy development. Any<br />
changes to the accuracy of the recordings from this station are likely to have on‐going effects and could<br />
possibly affect third parties through the monitoring of resource consent conditions. Changes in the<br />
accuracy of recordings from the station can occur though changes in the river bed. Regular monitoring of<br />
the river bed is carried out to detect natural bed changes and the flow rating is maintained accordingly.<br />
The proposed works have potential to cause changes to the channel bed profile that could affect the flow<br />
ratings from the recording station. The applicant has been in discussions with the <strong>Council</strong>’s Catchment<br />
Information Department regarding this issue and has reached an agreement that is satisfactory to both<br />
departments of the <strong>Council</strong>. A copy of the agreement is attached to this report as Appendix G.<br />
The Fitzherbert Bridge crosses the Manawatu River approximately 1km downstream of the subject site. The<br />
proposed works will not affect the bridge in any way.<br />
Effects on existing flood protection infrastructure<br />
One of the reasons for carrying out the proposed works is to provide long term protection for existing flood<br />
protection infrastructure. If left to erode the cliff, the river will eventually change direction and start to<br />
undermine the flood protection structures on the right bank of the river. The proposed works will prevent<br />
that from happening. Overall there will only be beneficial effects on the flood protection infrastructure.<br />
Effects on adjacent and residential properties<br />
Due to the erosion in this area very little of the works will actually occur in the river bed as surveyed. In fact<br />
most of the works will occur on land titles that are owned by the PNCC (Lot 13 DP 72989 and Cliff Road<br />
reserve), PMB Landco Ltd (Lot 51 DP 382375) and the Hargreaves title (Section 219 Town of Fitzherbert).<br />
Essentially, the surveyed river bed is the adjacent property on the city side of the subject site and PMB<br />
Landco Ltd and the PNCC own most of the land adjacent to the site on the left bank. Some of the reasons<br />
for the proposal are to protect land adjacent to the river from undue erosion and to protect flood<br />
protection structures from being undermined in the future. It is considered that the proposal will have<br />
significant benefits for the adjacent land.<br />
There are some residential properties on Waicola Drive that are starting to erode. The works will protect<br />
these properties by preventing the river from undermining the eastern cliff below these properties.<br />
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However, it is probable that some erosion and slippage will still occur on this cliff until it reaches a more<br />
stable slope.<br />
The finished works are unlikely to cause any effects on the residential amenity of nearby properties. The<br />
closest residential properties are those located above the cliff off Cashmere Drive, Vaucluse Heights and<br />
Waicola Drive. The site at the base of the cliff is screened from view by the cliff itself. The properties at the<br />
end of Albert Street are over 500 metres from the site. Given this distance the finished works are not likely<br />
to be prominent and will also be screened from view by the river bank vegetation located between the site<br />
and the dwellings.<br />
6.3 Conclusion on Actual and Potential Effects<br />
There are a number of actual and potential effects from this proposal, both positive and adverse. In terms<br />
of the positive, the proposed works will offer opportunities for greater access to the river, in particular the<br />
PNCC owned reserves on the left bank of the river. The works will also provide long term protection to the<br />
<strong>City</strong>'s existing stopbanks. When considered in conjunction with the works proposed by PMB Landco Ltd,<br />
the proposal will also lessen risk to the public using that stretch of the river for recreation purposes and will<br />
prevent further erosion of the ANZAC Cliff thereby protecting valuable residentially zoned land and<br />
reducing a significant source of silt and sediment to the Manawatu River.<br />
Adverse effects arise primarily through the construction phases of the works. Perhaps the most significant<br />
matter is sediment release. While this is minimised through the techniques and work sequencing as<br />
outlined within the construction methodology document it is inevitable that some sediment will be<br />
released to the Manawatu River. As stated, this is expected to affect the river for approximately 200 to 300<br />
metres downstream from the subject site.<br />
Habitats within the work area are likely to be destroyed during construction. It is expected that once the<br />
works are complete that this stretch of the river will once again provide good habitats as has been seen<br />
along other rock linings within the river.<br />
Effects on public access will be apparent while the works are being carried out. Public access will need to<br />
be prevented to the river during the construction period due to health and safety reasons.<br />
Although recognised as being within an area of significant cultural values (being near Te Motu o Poutoa) no<br />
effects on these values have been specifically identified. A protocol for the Accidental Discovery of<br />
Archaeological Sites has been developed between Tanenuiarangi Manawatu Incorporated and the PNCC.<br />
The applicant is willing to adhere to the protocol.<br />
Noise effects are not expected to be significant. There will only be 15 rock truck movements per day and<br />
they are travelling on public roads and hours of work will be limited. The work site itself is some 500 metres<br />
from the nearest dwellings and noise will be further mitigated by the existing stopbanks between the<br />
worksite and dwellings.<br />
The abovementioned adverse effects will only exist for a short duration, being one summer season. The<br />
most significant longer term effect will be the visual effects from the permanent works. The works<br />
proposed by the MWRC will result in the river being located closer to the right bank and the top of the rock<br />
lining and groyne will be visible for most of the year on the left bank. It is expected that vegetation will<br />
soon establish on the re‐grassed tracks minimising the visual effects of these.<br />
It is considered that the effects on the immediate environment caused by the construction phase of the<br />
project will be more than minor. Primarily this will be from the release of sediment to the Manawatu River<br />
during the various works. While sediment release will be greatly mitigated by adherence to the<br />
construction methodology and the installation of cofferdams, silt fences and sediment ponds it will not be<br />
avoided entirely. Also the public's amenity will be affected during the construction phase with access being<br />
prevented to this popular stretch of the river.<br />
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It is considered that the permanent effects of the proposal on the environment will be minor. While the<br />
rock lining and groyne will be visible they will be low‐lying. The beach will return to the inside corner of the<br />
river and the river will be located as it was in the early nineties.<br />
7 RELEVANT OBJECTIVES AND POLICIES<br />
There are numerous objectives and policies under the various policy statements and plans that need to be<br />
considered when assessing this proposal. The key objectives and policies are addressed below.<br />
7.1 National Policy Statements<br />
The National Policy Statement for Freshwater Management 2011 took effect from 1 July 2011 and includes<br />
the following objectives [summarised] among others:<br />
<br />
<br />
<br />
<br />
<br />
To safeguard the life supporting capacity, ecosystem processes and indigenous species of fresh water<br />
(Objective A1 & B1),<br />
The overall quality of freshwater within a region is maintained or improved (Objective A2),<br />
To avoid over allocation of fresh water and phase out existing over allocation (Objective B2),<br />
To improve and maximise efficient allocation and use of water (Objective B3),<br />
To protect significant values of wetlands (Objective B4).<br />
The policy statement and its objectives and policies must be considered in relation to these applications.<br />
The first two objectives have some relevance to this proposal and it is considered that the proposal is not<br />
inconsistent with either of them. Whilst there will be some short term disruption to habitats with the<br />
subject site, the works will provide a more stable environment in the longer term that will be suitable for<br />
the re‐establishment of any habitat lost.<br />
Some discharge of sediment is inevitable from the disturbance of the river bed and gravels despite all<br />
practicable measures. This will be a short term duration effect and would be far less than what the river<br />
carries naturally in flood events. Again, in the longer term the works will prevent the erosion of the cliff<br />
which is a significant source of sediment entering the river.<br />
7.2 Manawatu-Wanganui Regional <strong>Council</strong> Planning Documents<br />
7.2.1 Operative Regional Policy Statement<br />
Objective 15 and Policies<br />
Objective 15 seeks to preserve the natural character of rivers and their margins and protect their ecological,<br />
cultural, intrinsic and amenity values from inappropriate subdivision, use and development.<br />
The objective has four policies associated with it which, in addition to preserving the natural character of<br />
rivers, outline matters to be considered when determining the natural character of a river and for<br />
determining whether a proposed use or development is inappropriate. Policy 15.4 also requires the<br />
Regional <strong>Council</strong> to consider whether the water body is regionally significant.<br />
It is identified above that there are some elements of natural character present at the site. The left bank of<br />
the river (below the cliff) has little sign of human modification and the vegetation of Pari Reserve and the<br />
river bank (although predominately exotic weed species) does add to the character of the area. Above the<br />
cliff, dwellings are visible and there are very obvious signs of human intervention. It is considered that<br />
while there is a certain degree of natural character associated with the immediate rivers edge at the site,<br />
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overall the natural character is eroded by the presence of exotic vegetation, dwellings and other human<br />
modification above the cliff and a lack of significant habitats in the area.<br />
Nonetheless, there will be a change in what natural character exists in the area with the introduction of the<br />
rock lining directing the river flow as well as the introduction of walkways and vehicle access (for<br />
maintenance and repairs only) along the left bank. The rock lining and the snub groyne structures will be<br />
visible for much of the year and will be obvious built structures.<br />
The question becomes one of whether the proposed works are an inappropriate use or development of the<br />
site. Policy 15.2 outlines the following matters that are to be considered when determining whether a use<br />
or development of a site is appropriate or inappropriate:<br />
a. actual or potential effects on:<br />
i. natural character; and<br />
ii.<br />
iii.<br />
iv.<br />
areas of significant indigenous vegetation or habitat of indigenous fauna; and<br />
amenity or intrinsic values; and<br />
cultural values; and<br />
v. the life supporting capacity of ecosystems; and<br />
vi.<br />
vii.<br />
the habitats of trout; and<br />
frequency and magnitude of occurrence of natural hazards such as flooding and erosion;<br />
and, where the activity may result in adverse effects, the degree to which it is required to:<br />
b. mitigate the effects of natural hazards; or<br />
c. provide for the development or maintenance of utilities and services to the public; or<br />
d. provide for the social and economic well‐being of communities;<br />
provided that, in all cases, adverse effects of any activity on these features and attributes can be<br />
avoided, remedied or mitigated.<br />
It is considered that the proposal is not an inappropriate use or development of the site as the proposal will<br />
see improvements in many of these factors. The actual or potential effects on those matters defined under<br />
(a) have been assessed in Sections 6.1 and 6.2 above where it is concluded that the short term effects<br />
(during construction) are likely to be more than minor in the immediate area but less than minor overall<br />
and in the long term. Additionally, the works will mitigate the effects of natural hazards by preventing the<br />
river from undermining the cliff face and reducing the frequency of slips and rates of erosion. The works<br />
proposed by PMB Landco Ltd will stabilise the western cliff face preventing further slips and erosion from<br />
this area. The proposed works provide for the maintenance of services (flood protection) to the public and<br />
provide for the social and economic well‐being of the <strong>Palmerston</strong> <strong>North</strong> community through the protection<br />
of existing flood protection works and allowing residentially zoned land to be developed.<br />
Objective 16 and Policies<br />
This objective seeks to avoid, remedy or mitigate the adverse effects of structures or activities in the beds<br />
of rivers. Policy 16.1 aims to avoid, remedy or mitigate the effects of structures on the following matters<br />
once those structures are in place.<br />
a. habitats of indigenous fauna; or<br />
b. Maori cultural and spiritual values; or<br />
c. amenity values; or<br />
d. intrinsic values of ecosystems; or<br />
e. habitats of trout<br />
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Policy 16.2 requires that regard be had to the appropriate matters contained within Sections 6, 7 and 8 of<br />
the Act, and in particular the effects of the following matters, when controlling the erection, maintenance<br />
or removal of structures in the bed of a river.<br />
a. outstanding natural features of rivers and lakes; and<br />
b. significant habitats of indigenous flora and fauna; and<br />
c. Maori cultural or spiritual values; and<br />
d. amenity values or intrinsic values of rivers or lakes; and<br />
e. habitats of trout.<br />
The effects of the proposal during construction and the effects associated with the permanent structures<br />
have been assessed in Sections 6.1 and 6.2 above. <strong>Part</strong> Two of the Act is addressed in Section 8 of this<br />
report below.<br />
Objective 18 and Policies<br />
This objective aims to maintain and enhance public access to and along rivers and lakes. Policy 18.1<br />
requires the promotion of public access to and along rivers unless certain restrictions are necessary. The<br />
only restriction to consider, in this instance, is the safeguarding of ecological, cultural, intrinsic or<br />
recreational attributes of rivers and lakes. As stated, it is considered that the ecological and cultural<br />
matters will not be significantly affected by the proposal. Intrinsic attributes could be considered, by some<br />
people, to be adversely affected. The right river bank is regularly visited by a number of people and the site<br />
is highly visible from this vantage point. For some, the cliffs, the erosion and its effects are intrinsic to the<br />
river and will be seen as a natural process. There will be changes to the cliffs and erosive processes as a<br />
result of the proposed works and this could be seen to affect the intrinsic value of the area.<br />
Overall it is considered that the positive aspects of the proposal outweigh the adverse effects on intrinsic<br />
values and that this objective can be met in full, with safe public access being made available along the left<br />
bank of the river.<br />
Objective 24 and Policies<br />
This objective seeks to avoid or mitigate the adverse effects of natural hazards upon human life,<br />
infrastructure and property, and the natural environment. Policy 24.3 is of most relevance to this proposal<br />
and aims to ensure hazard avoidance in areas of high risk to people and communities. Once complete the<br />
proposed works will ensure that the existing erosion and its effects on public safety, property and the<br />
natural environment are avoided.<br />
7.2.2 Regional Plan for Beds of Rivers and Lakes<br />
Objectives<br />
Objective 1<br />
This objective seeks to maintain and enhance the specified values of rivers identified in Policies 8.1 and 8.3<br />
of the Regional Policy Statement (RPS) as outstanding and regionally significant natural features.<br />
Policy 8.1 of the RPS outlines certain matters to be considered when identifying which natural features and<br />
landscapes are outstanding and regionally significant. Policy 8.2 requires protection of regionally significant<br />
natural features and landscapes from inappropriate subdivision, use and development and Policy 8.3<br />
requires protection of specified values associated with the features identified within the policy.<br />
The Manawatu River is a natural landscape feature that passes through <strong>Palmerston</strong> <strong>North</strong>. The ANZAC Park<br />
Cliff is a geological feature that is dynamic, has visual prominence and provides a backdrop to views from<br />
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the Esplanade Walkway between Fitzherbert Avenue and Albert Street. However, it is noted that these<br />
views are very much localised to the immediate area. The area is not considered to be significant in<br />
ecological terms in that it does not provide important habitat for rare or unique species nor is it an area of<br />
indigenous flora. The site is of significance to tangata whenua being located just upstream of the historic<br />
Te Motu o Poutoa pa site within ANZAC Park. The river offers important amenity values, in particular<br />
recreational opportunities. However at the subject site these are compromised due to the current safety<br />
issues. The site is not subject to any recognised national or regional protection instruments.<br />
While the cliff is a distinctive natural feature, neither it nor this reach of the Manawatu River, is identified as<br />
an outstanding or regionally significant natural feature in the PNCC District Plan, any Regional Plans or the<br />
RPS. The applicant’s proposal will not adversely affect the visual prominence or other values identified<br />
within Policy 8.1 in itself, however when considered in conjunction with the proposed works to re‐contour<br />
the cliff there will be a change in the prominence and backdrop views offered by the cliff. It will, however,<br />
remain as a recognisable river terrace or escarpment.<br />
Objective 2<br />
Objective 2 seeks to recognise and provide for the relationship of Maori, their culture and traditions with<br />
their ancestral lands, water, sites, waahi tapu and other taonga in the beds of rivers and lakes. The site is<br />
upstream of Te Motu o Poutoa, a site of significance to local Maori. The works that the MWRC are<br />
proposing to undertake are within the active river bed and where the active river channel has been located<br />
over the past 20 years or so. Therefore it is considered unlikely that any taonga, remains or archaeological<br />
sites will be disturbed or discovered during the works. Nevertheless, a Protocol for the Accidental<br />
Discovery of Archaeological Sites has been developed between the PNCC and Tanenuiarangi Manawatu<br />
Incorporated for the proposed works, and the applicant has agreed to adhere to the protocol during the<br />
works.<br />
Objective 3<br />
This objective seeks to enable the use and development of resources in, on, or under the beds of rivers<br />
while ensuring that adverse effects on natural character, ecological, intrinsic, amenity or cultural values are<br />
avoided, remedied or mitigated and that the existing life supporting capacity is maintained or enhanced.<br />
The proposal will potentially see the <strong>Palmerston</strong> <strong>North</strong> community gaining more use and enjoyment out of<br />
the river through enabling the provision of access along the left bank and through the removal of the risks<br />
currently associated with the site. This will be especially so, with the location being very accessible and<br />
close to the <strong>City</strong>. There will be some effect on the natural character of the area that is unavoidable. It will,<br />
however, be mitigated to some extent with plantings proposed on the re‐contoured cliff.<br />
The life supporting capacity of the river at the subject site is currently limited. The dynamic nature of the<br />
cliff face and fine sediments of the cliff material do not allow for good habitat establishment. When the<br />
works are complete it is expected that the life supporting capacity will be improved with less sediment<br />
entering the river and a more stable environment being provided in the long term.<br />
Objective 4<br />
This objective seeks to recognise and provide for the physical resources in the beds of rivers and sustain<br />
their potential to meet the reasonable foreseeable needs of future generations. The proposal recognises<br />
not only the resources within the bed of the river but also the resources each side of the river. Use will be<br />
made of the gravel resources in the river for the project. The gravel will be placed behind the rock lining to<br />
provide support to it and as a foundation for the re‐contoured slope above. Ultimately, the gravel has not<br />
been removed from the river bed but rather redistributed within it. If future generations considered that<br />
better use could be made of that particular resource, it could potentially be recovered, albeit at some cost.<br />
The proposal will enable recreational opportunities in this part of the river through the provision of a safe<br />
environment and potential for access to the left bank to be developed. It also recognises the land resource<br />
on each side of the river and will provide for its protection and use for future generations. The left bank will<br />
be protected from further erosion so that the residentially zoned land above the cliff can be utilised and the<br />
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existing stop banks on the right hand bank will be protected, thereby maintaining the <strong>City</strong> defences against<br />
flood risk.<br />
Policies<br />
Policy 1<br />
This policy establishes a framework for managing activities in the beds of rivers and lakes. This has been<br />
achieved through the regional plan by the use of rules to regulate activities in accordance with their<br />
anticipated effects. The appropriate consents have been applied for as outlined on the resource consent<br />
application (Form 9) and in Section 5 of this report.<br />
Policy 2<br />
This policy outlines certain matters that are to be considered for resource consent applications for activities<br />
in the beds of rivers and lakes. Most of these matters have already been addressed in this report, however,<br />
where they have not been addressed above they are examined here.<br />
Policies 2(a) and 2(b) are addressed in the effects assessment in Section 6 above.<br />
Policy 2(c) requires the <strong>Council</strong> to have regard to the potential for the activity to:<br />
<br />
<br />
<br />
breach any relevant water quality standards in any regional plan,<br />
cause any of the effects described in Section 107 of the RMA 1991, or<br />
breach any relevant conditions in any regional rule in any regional plan.<br />
This policy makes for an onerous assessment. Relevant water quality standards exist in the Manawatu<br />
Catchment Water Quality Regional Plan and the Proposed One Plan. The discharge of sediment from the<br />
disturbed river bed is the only discharge of any significance that may occur from the proposal. This could<br />
result in changes to horizontal visibility, however after reasonable mixing any sediment discharge is not<br />
likely to cause any conspicuous change in the colour or visual clarity of the river.<br />
Policy 2(d) requires the <strong>Council</strong> to have regard to the degree to which the activity provides for the<br />
mitigation of the effects of flooding or erosion, or the development of essential utilities or services that<br />
contribute to the well‐being of people and communities or the restoration or enhancement of natural<br />
habitat. The intention of the proposed works is to halt the erosion of the ANZAC Park cliff. It will also<br />
enable access to the left bank of the river to be developed if the PNCC wishes to do so. It will also provide a<br />
safe environment that will contribute to the well‐being of the <strong>Palmerston</strong> <strong>North</strong> community. The proposal<br />
does not restore natural habitat, however, in the long, term it will provide for a stable environment in the<br />
area thereby possibly enhancing the existing habitat.<br />
Policy 2(e) concerns the outcome of any consultation between the applicant and affected parties.<br />
Discussions have been carried out between the MWRC and the PNCC, PMB Landco Ltd and TMI. Outcomes<br />
of these discussions are addressed in Section 9 of this report.<br />
Policy 2(f) requires the <strong>Council</strong> to have regard to the level of compliance with any relevant code of practice.<br />
The most relevant code of practice is the Environmental Code of Practice for River Works (MWRC, June<br />
2010). The proposal complies with most of the conditions within this code of practice except that the<br />
gravel movement associated with the temporary diversion works exceeds the relevant standards of the<br />
code.<br />
The relevant matters under Policy 2(g) as they relate to the realignment of the river bed (diversion) are<br />
addressed in Section 6 of this report. No gravel extraction is proposed as part of this application, although<br />
gravel will be re‐distributed within the river bed. Up to 115,000m 3 of gravel will be required for the works,<br />
far exceeding the annual limits on gravel extraction activities as defined in Schedule 2 which provide for a<br />
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maximum of 60,000m 3 . The gravel for the project will be sourced from the beach located adjacent to the<br />
site where it has been calculated that 200,000m 3 is available.<br />
Policy 2(i) is not relevant to this proposal.<br />
Policy 3<br />
The Lower Manawatu River or ANZAC Park Cliffs are not identified in the Regional Policy Statement as an<br />
outstanding or regionally significant feature.<br />
Policy 4<br />
This policy relates to the management of fluvial gravel extraction and is of limited relevance to the proposal<br />
as no gravel extraction is proposed. However, it is recognised that the gravel will be moved and locked in<br />
place by the works, and that it will no longer be available to natural movement processes. The policy aims<br />
to ensure that gravel extraction does not exceed the natural rates of replenishment, except where the<br />
extraction is necessary to decrease the risk of flooding or damage to essential structures. As stated above<br />
the Lower Manawatu River the maximum volume available for extraction is set at 60,000m 3 per year.<br />
Calculations show that the proposed works will require approximately 115,000m 3 of gravel to be placed<br />
behind the rock lining to provide support.<br />
It is intended to take this gravel from the adjacent beach where there is approximately 200,000m 3 available.<br />
The beach was previously a well‐used gravel extraction area with abstraction ceasing with the granting of a<br />
global resource consent to the MWRC. Since then aggradation of river gravels has been observed at the<br />
beach and as such it is anticipated that the beach will reform overtime. In addition the works are required<br />
to decrease the risk of damage to essential structures such as the existing <strong>City</strong> stopbanks.<br />
Policy 5<br />
This policy aims to provide for structures and activities to mitigate the adverse effects of flood hazard. One<br />
of the reasons for the proposed works is to provide long term protection for the flood protection structures<br />
currently protecting <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> from floods.<br />
Policy 6<br />
Policy 6 requires recognition and provision for the relationship of tangata whenua, their culture and<br />
traditions with their ancestral lands, water, sites of waahi tapu and other taonga in the beds of rivers and<br />
lakes.<br />
Te Motu o Poutoa is a site of significance to Maori and is located just downstream of the subject site. It is<br />
possible that taonga, artefacts, or remains are located in the general locality of the subject site. It is<br />
considered unlikely that any such taonga, artefacts or remains will be discovered in the excavation sites due<br />
to it being within the active bed of the river.<br />
Rangitane, represented by Tanenuiarangi Manawatu Incorporated, have been involved in the preparation<br />
of an accidental discovery protocol in relation to the works proposed by the MWRC and PMB Landco Ltd.<br />
This will ensure that an appropriate and acceptable process is followed in the event that a discovery is<br />
made during the works.<br />
Policy 7<br />
This policy allows the Regional <strong>Council</strong> to use financial contributions as a condition of resource consent for<br />
mitigating or offsetting adverse effects arising as a consequence of an activity. Such financial contributions<br />
can be used for maintaining, restoring or enhancing flood protection or erosion control works, and/or<br />
maintaining or enhancing public access to and along the margins of rivers and lakes.<br />
In this instance the proposal is to construct and maintain new flood protection and erosion control works.<br />
As a consequence of the proposal an opportunity is available to the PNCC to use the top of the rock lining to<br />
create a public access along the left bank of the river. Therefore it is considered unnecessary to impose<br />
further financial contributions on the applicant.<br />
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Policy 8<br />
This policy encourages consultation prior to the lodgement of resource consent applications.<br />
consultation that has occurred to date is described in Section 9 below.<br />
The<br />
Policy 9<br />
Policy 9 requires the MWRC to provide one month’s notice to owners and occupiers of private land in urban<br />
areas prior to undertaking flood protection works on their properties. In this instance the works will be<br />
undertaken on some land that is privately owned, namely the Hargreaves and PMB Landco Ltd owned<br />
properties. Both parties have been kept informed of the project and notice of the intent to begin works will<br />
be provided in accordance with this policy.<br />
Policy 10<br />
This policy encourages the removal of unused or derelict structures from the river bed. There are no such<br />
structures known to exist in the locality.<br />
7.2.3 Proposed One Plan<br />
Objectives<br />
Objectives 6‐1 and 6‐4 from Chapter Six and Objective 16‐1 from Chapter 16 of the One Plan have relevance<br />
to the proposal. Objective 16‐1 is effectively a placeholder that directs the Plan user back to the objectives<br />
and policies of Chapter Six and to the values and management objectives in Schedule AB.<br />
Objective 6‐1<br />
This objective states that surface water bodies must be managed in a manner which has regard to the<br />
Values in Schedule AB.<br />
The subject site is within the Middle Manawatu River Management Zone. This zone has the following zone<br />
wide and site specific values:<br />
<br />
<br />
Zone wide values<br />
- Life Supporting Capacity (Hill Mixed) ‐ Over the long term it is expected that the life supporting<br />
capacity of the river will be enhanced due to the stabilisation of the environment and reduction of<br />
sediment entering the river.<br />
- Aesthetics ‐ The aesthetic values of the river will be altered as a result of the river. Structures will<br />
be visible where they were not in the past, however, the works will also protect Pari Reserve and<br />
the river edge from further erosion and protect the aesthetics of these.<br />
- Contact Recreation ‐ the proposed works will provide for a safe area for contact recreation and<br />
significantly reduce the risk of land slips into the river.<br />
- Mauri ‐ The proposal will result in the relocation of the river back to the position, or near to, where<br />
it ran in 1992. This is not expected to have any effect on the mauri of the river or its bed.<br />
- Industrial Abstraction/Irrigation/Stock Water ‐ The proposed works will not affect the quality or<br />
volumes of water available for these uses.<br />
- Existing Infrastructure ‐ The works will not affect any existing infrastructure in the area.<br />
- Capacity to Assimilate Pollution ‐ The capacity of the Manawatu River to assimilate pollution will<br />
not be affected by the proposal.<br />
Site specific values<br />
- Site of Significance ‐ Aquatic ‐ This value relates to two tributaries located several kilometres<br />
upstream of the subject site and is therefore not relevant to the proposal.<br />
- Site of Significance ‐ Riparian ‐ This value relates to the gravels and sands required for dotterel<br />
breeding. It is anticipated that given the time of year that the works will start and the constant<br />
nature of the works during construction that it is unlikely that any dotterel will be disturbed by the<br />
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works. In addition the beach is a popular public area visited by a number of people, some with<br />
dogs, thereby keeping the site busy and not so suitable for nesting dotterel.<br />
- Site of Significance ‐ Cultural ‐ This relates to specific sites along the River. The site is located just<br />
upstream of Te Motu o Pouto, a site of significance to tangata whenua. Given its proximity to this<br />
site the subject site has been considered to be a Site of Significance – Cultural. An accidental<br />
discovery protocol has been developed in conjunction with Tanenuiarangi Manawatu Incorporated<br />
that provides an acceptable process to be followed in the event of any discoveries of artefacts,<br />
remains or taonga.<br />
- Trout Fishery ‐ Category 3 ‐ The works will not detract from the ability of the river to sustain<br />
healthy rainbow or brown trout.<br />
- Flood Control and Drainage ‐ The purpose of the proposed works is to protect existing flood<br />
protection infrastructure. If the works are not completed the integrity of the stopbanks protecting<br />
the city will be compromised in the future.<br />
Objective 6‐4<br />
This objective seeks to ensure that the beds of rivers and lakes, and land adjacent to the bed reaches, with<br />
the value of Flood Control and Drainage, are managed to enable future use and development, while having<br />
regard to the other Schedule AB Values and Objectives 7‐2(b) and 7‐2(c).<br />
Objectives 7‐2(b) and 7‐2(c) concern outstanding natural landscapes and features, of which the subject site<br />
is not, and therefore are not relevant. The proposed works will enable the future use of the bed of the river<br />
and adjacent land. Adjacent land on the left bank will be protected from erosion from the river thus<br />
enabling its use for residential development.<br />
Policies<br />
Policy 6‐27<br />
This policy requires that activities in, on, under or over the beds of rivers or lakes generally be managed in a<br />
manner that has regard to the following matters:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
has regard to the Schedule AB Values for the Water Management Subzone(s) in which the<br />
activity takes place, in the manner described in Policies 6‐28, 6‐29 and 6‐30<br />
avoids any significant reduction in the ability of a river and its bed to convey flood flows, or<br />
significant impedance to the passage of floating debris<br />
avoids, remedies or mitigates any significant adverse effects on the stability and function of<br />
existing structures including flood and erosion control structures<br />
avoids, remedies or mitigates any significant reduction in the habitat diversity, including the<br />
morphological diversity, of the river or lake or its bed<br />
manages effects on natural character and public access in accordance with the relevant policies<br />
in Chapter 7. Natural character can include the natural style and dynamic processes of the river,<br />
such as bed style and width and the quality and quantity of bed habitat<br />
provides for the safe passage of fish both upstream and downstream<br />
ensures that the existing nature and extent of navigation of the river or lake are not obstructed<br />
ensures that access required for the operation, maintenance, and upgrade of infrastructure and<br />
other physical resources of regional or national importance is not obstructed<br />
(i) provides for continued public access in accordance with Policy 7‐9.<br />
This proposal has had regard to the relevant Schedule AB values, will not reduce the ability of the river or its<br />
bed to convey flood flows or will not cause significant reductions in habitat diversity. Access to existing<br />
infrastructure and other physical resources will not be compromised by the proposed works. The proposed<br />
activities will avoid or mitigate adverse effects on existing structures, will provide for the safe passage of<br />
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fish, will ensure that the existing nature and extent of navigation of the river is not obstructed (in the long<br />
term) and will provide for long term public access.<br />
It is noted that there will be some effect on the natural character of the river and its form at the site. The<br />
river will no longer flow directly in to the cliff but will be guided by the rock lining around a gentler curve<br />
instead.<br />
Policy 6‐28<br />
This policy requires that activities on sites with a value of ‘Site of Significance – Cultural’ be managed in a<br />
manner which avoids adverse effects on the value as far as reasonably practicable or otherwise remedies or<br />
mitigates those effects<br />
Whilst the site has been identified as a ‘Site of Significance – Cultural’, it is not expected that any artefacts,<br />
remains or taonga will be discovered within the river bed itself. The works will take place in the current<br />
active channel or in areas where the river has run within the past 20 years or so and any gravel to be<br />
excavated has accumulated on the beach since that time. Nevertheless a accidental discovery protocol has<br />
been developed to address any such discovery and to provide a clear procedure that can be followed in the<br />
event that a discovery is made.<br />
Policy 6‐29<br />
Policy 6‐29 deals with activities in rivers and their beds with a Value of ‘Flood Control and Drainage’. It<br />
requires activities to be managed in a manner which enables the level of flood hazard or erosion control<br />
existing at the time the Plan was notified to be maintained or enhanced and that the other Schedule AB<br />
values are maintained.<br />
The proposed works will enhance the existing level of flood hazard and erosion control and, as described<br />
above, will maintain most of the other values associated with the river. As stated, the aesthetics of the<br />
river at the subject site will be altered. Aesthetics add to a persons enjoyment of an area and, while they<br />
may be changed in the immediate locality, the proposed works provide an opportunity for the PNCC to<br />
develop a public access along the length of the rock lining that could link ANZAC Park to Pari Reserve,<br />
should it wish to do so. Such a link would open up an area that is currently inaccessible to the public<br />
thereby potentially increasing overall enjoyment of the area.<br />
Policy 6‐31<br />
This policy states that activities that are essential or result in an environmental benefit must generally be<br />
allowed. The proposed works have been designed to maintain and improve the stability of existing flood<br />
protection structures that protect the <strong>City</strong> from the flood waters of the Manawatu River. The works, while<br />
perhaps not essential at the present time, will soon become necessary as the cliff face erodes exposing the<br />
dwellings above the cliff to unacceptable risk, and as the river starts to erode the right bank and<br />
undermines the existing stopbanks. Completing the works now will prevent further unnecessary expense in<br />
the future and enable a solution to the erosion issue while it is still affordable.<br />
Policy 16‐1<br />
This policy sets out matters that the consenting authority must consider when considering and deciding on<br />
resource consent applications. With the exception of the movement of gravel within the river for the rock<br />
lining and temporary channel the proposal is consistent with the Environmental Code of Practice for River<br />
Works (MWRC, June 2010). The proposal seeks to avoid and mitigate any adverse effects on other lawful<br />
activities in the river, however, it is acknowledged that access to that stretch of the river during the<br />
construction stage will be necessarily limited for safety reasons. While the finished works are permanent,<br />
the construction stage will be of a temporary nature.<br />
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7.3 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District Plan<br />
7.3.1 <strong>City</strong> View Objectives<br />
The <strong>City</strong> View Objectives have been developed to reflect the different aspects of the <strong>City</strong>’s environment and<br />
activities that occur within it. They are overall objectives to ensure that the <strong>City</strong> is managed in a sustainable<br />
manner.<br />
The Healthy Community<br />
‐ To avoid, remedy or mitigate the adverse effects of natural hazards<br />
The proposed works aim to avoid the adverse effects of a natural hazard. The works will prevent the river<br />
from eroding the base of the cliff face thereby reducing the frequency of slips from the cliff. The works will<br />
also preventing future undermining of the existing stopbanks on the right bank of the river. When both the<br />
MWRC and PMB Landco Ltd projects are complete it is expected that no further land slips will occur from<br />
the cliff.<br />
The Working Community<br />
‐ To provide the conditions to ensure the physical resources of the <strong>City</strong> are managed and<br />
developed while avoiding, remedying, or mitigating adverse environmental effects.<br />
The proposed works will provide the conditions required to enable the re‐contouring of the cliff face<br />
thereby allowing for the residentially zoned land above the cliff (a physical resource of the <strong>City</strong>) to be<br />
developed while avoiding the adverse environmental effects presented by the current situation.<br />
The Leisure Community<br />
‐ To encourage a broad range of leisure opportunities in the <strong>City</strong><br />
As mentioned above, the site is easily accessible from the <strong>City</strong> and as such is a popular recreational site. At<br />
present use of the river is very limited due to the safety risks associated with the cliffs. This proposal,<br />
combined with the proposal of PMB Landco Ltd will see this risk removed and enable full use of the river at<br />
this locality. The works will also present an opportunity for the PNCC to provide public access ways and<br />
linkages along the top of the rock lining between ANZAC Park and Pari Reserve.<br />
The Heritage Community<br />
‐ To identify and preserve the cultural heritage fabric of the <strong>City</strong><br />
The subject site is located near Te Motu o Poutoa, a site of significance to tangata whenua and part of the<br />
cultural fabric of the <strong>City</strong>. Whilst it is expected that no discoveries will be made in the bed of the river, an<br />
accidental discovery protocol has been developed that outlines an acceptable process to be followed<br />
should a discovery be made.<br />
‐ To preserve and enhance the natural heritage features of the <strong>City</strong>, including lake and river<br />
margins, significant areas of indigenous vegetation and habitats and important natural features<br />
and landscapes.<br />
The proposed works will affect the existing river margins. Instead of the river flowing directly into the cliff it<br />
will follow a gentler curve, being guided around the corner by the proposed snub groyne and rock lining.<br />
The MWRC works will have little impact on the cliff, however, it will enable the re‐contouring of the cliff to<br />
occur which will result in some change. The works will not affect any significant areas of indigenous<br />
vegetation or habitats.<br />
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The Attractive Community<br />
‐ To maintain and enhance the visual appeal of the <strong>City</strong>.<br />
Some people will view rock linings and groynes and intrusive structures with limited visual appeal.<br />
However, in certain circumstances, they are necessary structures required to control the effects of the river<br />
on the surrounding environments. In this instance the rock lining will prevent the undermining of the cliff<br />
face and provide a solid foundation to the re‐contoured cliff face as proposed by PMB Landco Ltd. When<br />
complete, the cliff face will still be a recognisable terrace rising from the river and will be enhanced through<br />
landscape plantings.<br />
‐ To manage the adverse effects of activities on the environment.<br />
The actual and potential effects of the proposal are addressed in Section 6 above. A construction<br />
methodology has been developed (attached as Appendix E) which will enable construction works within the<br />
river to occur whilst minimising effects on that environment.<br />
7.3.2 Residential Zone Objectives and Policies<br />
The residential section of the District Plan contains a number of objectives and policies that are specific to<br />
the residential area. It is considered that objectives 1, 2, 3 and 4 and their associated policies have some<br />
relevance to the proposal along with the additional policies under Rule 10.8.3.3.<br />
Objective 1 and Policies<br />
This objective seeks to promote the efficient use of urban infrastructure and other physical resources.<br />
Policy 1.4 requires the avoidance of development of areas subject to a natural hazard and to ensure that<br />
development is guided to less hazardous areas. The intention of the proposal is to reduce and ultimately<br />
avoid the effects of a natural hazard on residentially zoned land and existing flood protection infrastructure<br />
on each side of the river. The works will ensure that the site is less hazardous, will enable the re‐contouring<br />
of the cliff face thereby allowing for the development of the residential land above the cliff thus promoting<br />
the efficient use of the <strong>City</strong>’s physical resources.<br />
Objective 2 and Policies<br />
Objective 2 seeks to recognise the range of activities which are complementary to and compatible with<br />
residential development. The policies require that adverse effects of non‐residential activities on<br />
residential activities are controlled and that the scale and character of non‐residential activities within the<br />
zone are controlled.<br />
In this instance only a small portion of the proposed works are within the residential zone and these are at<br />
the base of the cliff. The MWRC works are not likely to be observed from future residential dwellings on<br />
this land or from existing residential dwellings on the right river bank, the nearest of these being at the end<br />
of Albert Street, some 500 metres away. The construction type effects on residential amenity are discussed<br />
in Section 6.1 above.<br />
Objective 3 and Policies<br />
This objective seeks to secure and maintain a high standard of amenity within the Residential Zone. The<br />
policies set standards on which the site specific rules of the plan are based. As mentioned above, the<br />
subject site is located at the base of the cliff where it is on residentially zone land and will not be viewed<br />
from any future properties on this land. It is located some 500 metres from the closest residential dwellings<br />
on the right bank of the river. The finished works will not affect the amenity of any residential properties or<br />
the residential zone.<br />
Objective 4 and Policies<br />
Objective 4 seeks to reinforce the predominant character of the residential zone. Policy 4.2 requires<br />
avoidance of activities which do not maintain, or create adverse effects on, the overall amenity and<br />
ambience of the residential environment. As stated above the finished works will not disturb or create<br />
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effects on residential amenity or overall ambience of the residential environment. During the construction<br />
phase, some disturbance may be noted by the <strong>City</strong>’s residents, especially those users of the Esplanade<br />
Walkway between the Fitzherbert Bridge and Albert Street. This would predominately be from heavy<br />
vehicles using the Albert Street entrance to the river reserve, from the machinery working in the river and<br />
from the stock pile of rock on the river bank. These effects will be temporary with works expected to be<br />
completed over one summer period.<br />
Rule 10.8.3.3 Policies<br />
This rule contains three additional policies that are to be considered as follows:<br />
(a)<br />
(b)<br />
(c)<br />
To avoid, remedy or mitigate the visual effects of flood protection works on residential<br />
neighbourhoods.<br />
To avoid, remedy or mitigate any adverse effects associated with the development and<br />
construction of flood protection works on the surrounding residential area.<br />
To recognise the positive effect of flood protection works.<br />
Visual effects of the finished rock lining, snub groyne and bed armouring will be minimal. The bed<br />
armouring will be below the river’s surface and not visible at all. The snub groyne and rock lining will be at<br />
a height near to the annual return flood level and therefore will be partly visible most of the time. These<br />
will look similar to the rock linings along the Dittmer Drive section of river. In this instance the proposed<br />
works are located a considerable distance from residential properties, being approximately 500 metres<br />
from the closest dwellings at the end of Albert Street and at the base of the cliff so not visible from future<br />
dwellings along Vaucluse Drive.<br />
Construction effects will be controlled by adherence to a construction methodology that has been<br />
developed to mitigate possible effects on the river and surrounding areas.<br />
The positive effects of flood protection works are reasonably obvious but are often not noted unless there<br />
is a failure in the works. Without such works in place, much of <strong>Palmerston</strong> <strong>North</strong> would not be developed<br />
as it is today and if it were developed would be subjected to flooding and damage on a regular basis. The<br />
proposed works provide benefit by providing long term protection to other flood protection works along<br />
the river and by enabling further development of residential land within the <strong>City</strong>.<br />
7.3.3 Conservation and Amenity Zone Objectives and Policies<br />
This section of the District Plan contains one objective and four general policies, specific policies under Rule<br />
15.5.5.1 and specific policies under Rule 15.5.7.2 that must be considered.<br />
Objective 1 and Policies<br />
This objective seeks to recognise and protect the <strong>City</strong>’s conservation and amenity areas. Polices 1.1 and 1.2<br />
require protection of those areas which have high scenic, scientific, conservation and amenity values and<br />
the restriction of activities or development in the zone to that which is consistent with the natural or<br />
undeveloped open space character of the Zone.<br />
The proposed works will take place on parts of three lots of land that are zoned Recreation and Amenity.<br />
These lots also contain ANZAC Park and Pari Reserve. Some of the works will take place within Pari Reserve<br />
but will avoid ANZAC Park. The zoning, lots and reserves can be seen on the series of plans attached to this<br />
report as Appendix A.<br />
In general, the areas of the Conservation and Amenity Zone where the works are proposed are actively<br />
eroding and retreating. The proposed works will protect these areas from further erosion thereby<br />
protecting any scenic or amenity values that they offer. In the long term the PNCC wishes to develop a<br />
public walkway along the left bank of the Manawatu River and this proposal provides an opportunity for the<br />
PNCC to construct such a walkway along the top of the rock lining that will link ANZAC Park to Pari Reserve.<br />
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The Mangaotane Stream will be realigned through part of Pari Reserve. The realigned route will see the<br />
stream entering the reserve, as it does now, and taking a right hand turn before joining the river just<br />
upstream of the snub groyne. Some vegetation will be cleared to enable this re‐alignment however it is<br />
noted that the vegetation within this part of the reserve is predominately willows and poplars. The realignment<br />
is unlikely to create any adverse effect on the reserve with the stream appearing to have<br />
followed several differing routes to the river in the past and vegetation expected to quickly re‐establish.<br />
Rule 15.5.5.1 Policies<br />
This rule addresses ongoing maintenance of flood protection structures within the zone and contains six<br />
specific policies as follows:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
To avoid, remedy or mitigate any adverse effects associated with maintenance work on the<br />
environment.<br />
To ensure that any excavation of land is minimised and any adverse effects are remedied or<br />
mitigated upon the completion of the works.<br />
To ensure that any adverse effects associated with the use of land for the storage and/or<br />
disposal of materials associated with the maintenance of flood protection works are remedied or<br />
mitigated upon the completion of the work.<br />
To assess the appropriateness and necessity for the removal or destruction of any tree associated<br />
with any maintenance work.<br />
To ensure that the removal or destruction of vegetation is remedied or mitigated, through the<br />
restoration of the affected area and the re‐vegetation of the site.<br />
To recognise the positive effects of flood protection works.<br />
The rock lining and associated works will become assets of the Lower Manawatu Scheme. To ensure<br />
operational effectiveness, maintenance will be undertaken if required, however this is not expected to<br />
occur particularly often. As stated, the rock lining is designed to be ‘self‐healing’ with higher rocks slipping<br />
into place should lower level rocks become displaced. In general any maintenance will consist of a truck<br />
and excavator accessing the top of the rock lining to top up any depressions where rocks have slipped<br />
down.<br />
More significant maintenance would only be required if the lining or bed armouring is damaged during a<br />
major flood event. This may necessitate the stockpiling of rock, further machinery being present, and<br />
various excavations required to repair any damage.<br />
Only a small portion of the rock lining is located within the Conservation and Amenity Zone. During any<br />
maintenance, public access to the rock lining will need to be closed to ensure safety is maintained. Access<br />
to the lining will be through the Hargreaves land and maintenance carried out from the top of the lining<br />
itself, thereby minimising effects on the environment and avoiding disruptions to the <strong>City</strong> side of the river.<br />
It is likely that a stockpile of rock will be kept near the lining for maintenance purposes. This will be located<br />
on the land between the rock lining and the snub groyne and be well screened from view by the existing<br />
vegetation. As an access track is to be maintained to the lining it is not expected that any further<br />
vegetation would require removal to accommodate any maintenance works.<br />
Rule 15.5.7.2 Policies<br />
This rule contains six additional policies as follows:<br />
(a)<br />
(b)<br />
To avoid, remedy or mitigate the visual effects of flood protection works on the amenity values<br />
of the Conservation and Amenity Zone and adjoining residential areas.<br />
To avoid, remedy or mitigate any adverse effects associated with the development and<br />
construction of flood protection works on the scenic, scientific, heritage, and conservation and<br />
amenity values of the Conservation and Amenity Zone.<br />
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(c)<br />
(d)<br />
(e)<br />
(f)<br />
To avoid, remedy or mitigate any adverse effects of providing for the efficient and effective<br />
functioning of flood protection works on the scenic, scientific, heritage, and conservation and<br />
amenity values of the Conservation and Amenity Zone.<br />
To avoid, remedy or mitigate any adverse effects of the development and construction of flood<br />
protection works on the amenity values of adjoining residential areas.<br />
To avoid, remedy or mitigate any adverse effects of flood protection works on public access to<br />
the Manawatu River and any other waterbody.<br />
To recognise the positive effects of flood protection works.<br />
Pari Reserve and ANZAC Park are visible from the right bank of the river. ANZAC Park is primarily located<br />
above the cliff but does extend down the cliff as well. Pari Reserve is located down to the river edge with<br />
the river currently eroding into the reserve. The reserve also extends away from the river up the valley<br />
between Cashmere and Waicola Drives and towards the east following the Mangaotane Stream for a short<br />
distance. Whilst the proposed works will be visible, being located down at the river level they will not<br />
substantially affect current views to the park and reserve. At present there is limited access to Pari Reserve<br />
or the lower portions of ANZAC park. Therefore views from these locations will not be disturbed by the<br />
works.<br />
The proposed rock lining will not affect the scenic, scientific, heritage, and conservation and amenity values<br />
of the Conservation and Amenity Zone. The portions of the zone where the works are to take place have<br />
been eroded away and are now part of the active river channel. The works will, in effect, reinstate land<br />
back to the Zone. The realignment of the Mangaotane Stream will see a small amount of vegetation<br />
removed from Pari Reserve.<br />
Public access will be limited to the beach and the grassy area on the right bank of the river during the<br />
construction period. Access to the left bank is currently not available. Preventing access to the right bank is<br />
unavoidable during the construction period due to potential safety issues. When the works are complete<br />
people will be able to access the river bank and the river itself in safety and without risk of the cliff<br />
collapsing on them. There will be potential for the PNCC to establish an access path along the top of the<br />
rock lining along the left bank of the river thereby linking ANZAC Park to Pari Reserve. Overall it is<br />
considered that access opportunities to the river will be greatly improved by the proposed works.<br />
The effects on residential amenity and the positive effects of flood protection works are addressed earlier in<br />
this report.<br />
7.3.4 Water Recreation Zone Objectives and Policies<br />
The Water Recreation Zone was developed so that the PNCC can fulfil its obligations under section 31(e) of<br />
the Act in relation to the surface of water in rivers and lakes. It does not appear to apply to this proposal as<br />
the proposed works are in or on the bed of the river, however the works will also be visible at the surface.<br />
Objective and Policies<br />
The objective of this zone is to manage the effects of activities on the surface of significant rivers, lakes and<br />
streams located within <strong>Palmerston</strong> <strong>North</strong>. The policies aim to enable a wide range of recreation activities<br />
and to avoid, remedy or mitigate adverse effects of noise generated by recreational activities occurring<br />
within the zone. There is a specific policy under Rule 15.6.6.1 that also requires that noise and other<br />
environmental disturbance on adjoining residential neighbourhoods be avoided, remedied or mitigated.<br />
The main issue here appears to be noise and disturbance to residential neighbours. As stated above in this<br />
report it is expected that the considerable distance between the site and residential neighbours will<br />
mitigate potential sources of noise. Also all machinery will have mufflers installed and be in good condition.<br />
The access road will be kept in good condition to minimise truck decks or trays from banging. In addition it<br />
is expected that the existing stopbanks will offer mitigation to any nearby dwellings. Overall it is<br />
anticipated that noise and environmental disturbance from the proposed works will be minimal.<br />
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8 RESOURCE MANAGEMENT ACT - PART II<br />
Section 6 of the Act requires that all persons exercising functions and powers under the Act shall recognise<br />
and provide for the matters of national importance listed within the section. The following are considered<br />
to be of relevance to the proposed activities:<br />
(a)<br />
(d)<br />
(e)<br />
the preservation of the natural character of the coastal environment (including the coastal<br />
marine area), wetlands, and lakes and rivers and their margins, and the protection of them from<br />
inappropriate subdivision, use, and development;<br />
the maintenance and enhancement of public access to and along the coastal marine area, lakes<br />
and rivers;<br />
the relationship of Maori and their culture and traditions with their ancestral lands, water, sites,<br />
waahi tapu and other taonga;<br />
These matters have been discussed above in this report. It is considered that while there are elements of<br />
natural character at the site this character is compromised by the poor quality of vegetation in the area and<br />
by the urban activities above the cliff. It is also considered that, given the circumstances, the development<br />
is not an inappropriate development for the site. The proposal will provide for the establishment of future<br />
public access to the left bank of the river which would otherwise not be possible due to the nature of the<br />
cliff. As discussed above, Te Motu o Poutoa is located just down steam of the subject site. An accidental<br />
discovery protocol has been developed to address any discovery of archaeological material.<br />
Section 7 requires all persons exercising functions and powers under the Act to have particular regard to<br />
certain matters. The following are of relevance to this proposal:<br />
(a)<br />
(b)<br />
(c)<br />
(f)<br />
(i)<br />
Kaitiakitanga<br />
the efficient use and development of natural and physical resources;<br />
the maintenance and enhancement of amenity values;<br />
maintenance and enhancement of the quality of the environment<br />
the protection of the habitat of trout and salmon<br />
The proposal represents the efficient use and development of natural and physical resources. The works<br />
provide for the protection of the residential land resources above the cliff and the continued protection of<br />
that land on the right bank of the river. This will allow for the land above the cliff to be further developed<br />
adding to the housing stock of the city on land that is relatively central to the <strong>City</strong>. The proposal will<br />
enhance amenity values through the provision of additional public access along the river where it could not<br />
otherwise be safely provided. The environment will be maintained and possibly enhanced through the<br />
protection of land from erosion. The habitat of trout in the river will not be affected by the proposed<br />
works.<br />
Section 8 requires those making decisions under the Act to take into account the principles of the Treaty of<br />
Waitangi. These principles have been identified by the Court of Appeal (New Zealand Maori <strong>Council</strong> Case<br />
54/87), which are:<br />
1. The Essential Bargain – the exchange of kawanatanga (in Article 1) for the protection of tino<br />
rangatiratanga (in Article 2)<br />
2. The Principles of Tino Rangatiratanga and Kawanatanga – the guarantee to Iwi and Hapu of full<br />
chieftainship or authority over their lands, resources, and taonga, and therefore the control and<br />
management of tribal resources according to Maori cultural preferences, as balanced against the<br />
Crown’s right to make laws and govern.<br />
3. The Principles of <strong>Part</strong>nership and Good Faith – The shared obligation of both Treaty partners to meet<br />
their respective commitments and to act reasonably and in good faith to one another.<br />
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4. The Principles of Active Protection – the Crown’s obligation to actively protect the interests of Maori in<br />
their land and resources.<br />
The principles of the Treaty of Waitangi have been considered and addressed through the consultation and<br />
the acceptance by the applicant to adhere to the Protocol for Accidental Discovery as prepared by TMI. The<br />
applicant and iwi have acted reasonably and in good faith towards each other. The project will disturb the<br />
river bed in the locality of a site that is important to Maori but will also prevent erosion that will eventually<br />
threaten that same site.<br />
8.1 <strong>Part</strong> 2 Conclusion<br />
The purpose of the Act is to promote the sustainable management of natural and physical resources. This<br />
proposal will see the use and development of natural and physical resources in a way that will allow for<br />
people and the <strong>Palmerston</strong> <strong>North</strong> community to provide for their social, economic and cultural wellbeing<br />
and for their health and safety. It will achieve this while sustaining the potential of natural and physical<br />
resources for future generations, safeguarding the life supporting capacity of water and avoiding or<br />
mitigating adverse effects on the environment.<br />
In Section 6.3 of this report it is concluded that the effects on the immediate environment caused by the<br />
construction phase of the project will be more than minor due to the destruction of habitat, unavoidable<br />
sediment release and the effects on public amenity being significant. It is also concluded that the<br />
permanent (long‐term) effects of the proposal on the environment will be minor.<br />
Essentially, the construction site and immediate environment will be affected during the construction<br />
period but once the works are completed the level of effect is considered to be minor and will<br />
predominately relate to visual effects.<br />
Overall, in weighing up the matters under <strong>Part</strong> 2 of the Act it is considered that the it is considered that the<br />
purpose of the RMA will be achieved by granting of the consent applications.<br />
9 CONSULTATION<br />
The <strong>City</strong> Reach project is publicly well known and the local community has been kept informed over recent<br />
years with updates provided in the various newsletters that accompany rates demands. Information in<br />
relation to the project, including specific mention of the ANZAC Park cliff realignment was released by the<br />
MWRC in March 2007 through a document entitled "Keeping <strong>Palmerston</strong> <strong>North</strong> Dry". This document<br />
invited submissions on the project through the <strong>Council</strong>'s Draft Annual Plan consultation processes at that<br />
time.<br />
Plan Change 2 was recently heard by the PNCC and included details of the proposed works by the MWRC<br />
and PMB Landco Ltd. The Plan change was subject to the statutory consultation and notification processes<br />
of the RMA and provided further information in respect of the project to the wider community.<br />
The applicant has consulted with the following persons and organisations in relation to its proposed works<br />
as part of this project.<br />
<br />
Tanenuiarangi Manawatu Incorporated (TMI) ‐ Discussions have been held between TMI and the<br />
MWRC in respect of the ANZAC Cliffs river realignment. In August 2010 an informal agreement was<br />
reached between the two parties where they would take a collaborative approach to the initial<br />
establishment and ongoing management of vegetation on the re‐contoured cliff face. Decisions around<br />
the species selection will be undertaken by a group comprising representatives from TMI and the<br />
MWRC. Agreement was reached that signage would be erected to explain the importance of Te Motu<br />
o Poutoa to local iwi and the involvement of iwi in the ongoing management of the adjoining area.<br />
A further meeting was held on 14 December 2011 between representatives of PNCC, MWRC, PMB<br />
Landco Ltd and TMI. The discussions were general in nature and outlined the proposal and landscaping<br />
for the PMB Landco Ltd works. TMI indicated their wish to be involved in the process and reinforced<br />
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<br />
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the significance of Te Motu o Poutoa and the area to local Maori. TMI expressed that they have been<br />
aware of the project for a long time and had been involved with the PNCC in the development of the<br />
Accidental Discovery Protocol during the Plan Change 2 process. It was indicated that no major<br />
concerns with the project had been raised and that it was expected that the protocol would be adhered<br />
to.<br />
PNCC Parks and Reserves Department ‐ Several discussions and emails have been exchanged between<br />
the applicant and staff from PNCC's Parks and Reserves Department regarding the project. Primarily<br />
these have related to the provision of the seven metre wide bench on top of the rock lining and its<br />
possible use for a walkway between ANZAC Park and Pari Reserve. No formal agreements have been<br />
reached, or sought, on this. However, the applicant is comfortable for a walkway to be installed along<br />
the top of the bench so long as it does not prevent machinery access for future maintenance or<br />
otherwise affect the integrity of the structure for its intended purpose.<br />
PNCC Roading ‐ Discussions have been undertaken with staff from the PNCC Roading Department in<br />
respect of accessing the site from Petersens Road. This option has not been progressed due to access<br />
issues.<br />
Landowners ‐ The applicant has discussed the proposal with landowners including PMB Landco Ltd and<br />
Robert Hargreaves. The project is being completed in conjunction with PMB Landco Ltd's proposal to<br />
re‐contour the ANZAC Cliff and both applications are somewhat interrelated. Discussions with Robert<br />
Hargreaves have been centred on access arraignments through his property to the subject site on the<br />
left bank. Agreement has been secured that allows access through the non‐productive part of his land<br />
near the river.<br />
Other ‐ Discussions were also undertaken with other landowners in the immediate area in relation to<br />
accessing the site from the left bank. Unfortunately agreements regarding access arrangements have<br />
not yet been reached, hence the current application accessing the site from the <strong>City</strong> side of the river.<br />
Discussions are continuing between the parties with a view reaching agreement to accessing the site<br />
from the left bank.<br />
Written approvals from affected persons or landowners that have been provided are attached to this report<br />
as Appendix H.<br />
10 CONCLUSIONS<br />
The applicant is proposing to realign the Manawatu River adjacent to the ANZAC Park Cliff and to construct<br />
a rock lining and other protection works as detailed in this application. These works are required to<br />
stabilise the left bank of the river, prevent further erosion of the left bank, and prevent attack and<br />
undermining of the right bank flood protection assets. The proposed works detailed in this application are<br />
an integral part of the “<strong>City</strong> Reach” project designed to improve the level of flood protection for <strong>Palmerston</strong><br />
<strong>North</strong> <strong>City</strong> and as part of the overall Lower Manawatu Scheme upgrade project.<br />
Resource consent is sought from the MWRC and PNCC in order to be able to undertake the proposed<br />
works. This report has provided an Assessment of Environmental Effects in accordance with s88 and the<br />
4th schedule of the Resource Management Act.<br />
A detailed construction methodology has been developed by the applicant which describes how the works<br />
will be undertaken so as to avoid, remedy or mitigate potential effects as far as practicable. This includes<br />
staging of the works and temporary diversions of the Manawatu River to enable as much of the works as<br />
possible to be undertaken in the dry or out of flowing water, thereby minimising potential sediment release<br />
to the River. It also includes restrictions on vehicle movements and hours of work to minimise any<br />
disturbance to the public and landowners in the area. A discovery protocol has been developed in<br />
conjunction with Tanenuiarangi Manawatu Incorporated which outlines the process to be followed in the<br />
event that an archaeological site is discovered. The proposed construction works are not considered to<br />
have any other potential adverse effects, as discussed in this report.<br />
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Once constructed, the proposed works may have some effect on the natural character of the area,<br />
however, this character is compromised by the poor quality of vegetation in the area and by the urban<br />
activities above the cliff. The proposed works are also essential for the safety of persons using the area and<br />
to ensure the integrity of the flood protection assets in the vicinity.<br />
Given that potential effects will be mitigated as far as practicable and the proposal is not inconsistent with<br />
any of the relevant objectives or policies of any of the Operative or Proposed Regional Policy Statements,<br />
Regional Plans or District Plans, it is considered that the purpose of the RMA will be achieved by granting of<br />
the consent applications.<br />
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Appendix A<br />
LOCATION PLANS AND SURROUNDS - PLANS A TO D
FIGURE A: AERIAL PHOTOGRAPH OF SITE AND SURROUNDS<br />
Legend:<br />
Rock Lining Bed Armouring Streams<br />
Gravel Backfill Snub Groyne Re-aligned stream<br />
Note: All proposed structures are indicative only.<br />
Not to scale
FIGURE B: LOCAL PARKS, RESERVES & WALKWAYS<br />
Legend:<br />
Reserves & Parks Rock Lining Bed Armouring Streams<br />
Walkways Gravel Backfill Snub Groyne Re-aligned stream<br />
Note: All proposed structures are indicative only.<br />
Not to scale
FIGURE C: PNCC DISTRICT PLAN ZONES<br />
Legend:<br />
Residential Zone Water Recreation Zone Recreation Zone Rock Lining Snub Groyne<br />
Flood Protection Zone Rural Zone Institutional Zone Gravel Backfill Streams<br />
Conservation and Amenity Zone Unformed Road Bed Armouring Re-aligned stream<br />
Note: All proposed structures are indicative only.<br />
Not to scale
FIGURE D: LAND HOLDINGS WHERE WORKS ARE PROPOSED TO TAKE PLACE<br />
Legend:<br />
Surveyed river bed PNCC (Cliff Road - partially formed) Rock Lining Snub Groyne<br />
PMB Landco Ltd (Lot 51 DP 382375) PNCC (ANZAC Park) (Pt Section 206 TN of Fitzherbert) Gravel back fill Streams<br />
Hargraves (Pt Section 219 TN of Fitzherbert) PNCC (Pari Reserve) (Pt Lot 13 DP 72989 & Lot 3 DP 33102) Bed Armouring Re-aligned stream<br />
Note: All proposed structures are indicative only.<br />
Not to scale
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Appendix B<br />
ENGINEERING DRAWINGS