25.04.2015 Views

Part 1 - Palmerston North City Council

Part 1 - Palmerston North City Council

Part 1 - Palmerston North City Council

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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 />

1


gemconsulting<br />

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


gemconsulting<br />

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


gemconsulting<br />

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


gemconsulting<br />

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 />

5


gemconsulting<br />

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 />

6


gemconsulting<br />

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 />

7


gemconsulting<br />

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 />

8


gemconsulting<br />

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 />

9


gemconsulting<br />

"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 />

10


gemconsulting<br />

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 />

11


gemconsulting<br />

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 />

12


gemconsulting<br />

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 />

13


gemconsulting<br />

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 />

14


gemconsulting<br />

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 />

15


gemconsulting<br />

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 />

16


gemconsulting<br />

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 />

17


gemconsulting<br />

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 />

18


gemconsulting<br />

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 />

19


gemconsulting<br />

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 />

20


gemconsulting<br />

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 />

21


gemconsulting<br />

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 />

22


gemconsulting<br />

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 />

23


gemconsulting<br />

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 />

24


gemconsulting<br />

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 />

25


gemconsulting<br />

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 />

26


gemconsulting<br />

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 />

27


gemconsulting<br />

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 />

28


gemconsulting<br />

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 />

29


gemconsulting<br />

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 />

30


gemconsulting<br />

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 />

31


gemconsulting<br />

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 />

32


gemconsulting<br />

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 />

33


gemconsulting<br />

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 />

34


gemconsulting<br />

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 />

35


gemconsulting<br />

(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 />

36


gemconsulting<br />

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 />

37


gemconsulting<br />

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 />

38


gemconsulting<br />

<br />

<br />

<br />

<br />

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 />

39


gemconsulting<br />

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 />

40


gemconsulting<br />

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


gemconsulting<br />

Appendix B<br />

ENGINEERING DRAWINGS

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!