Part 1 - Palmerston North City Council

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"Any activity otherwise governed by, but does not comply with one or more of the performance
conditions of BRL Rule 9 is a Discretionary Activity in accordance with BRL Rule 10 and a resource
consent is required".
Given that 'excavation or disturbance of a river bed' is governed under Rule 9, it follows that it would be
addressed under Rule 10 if a performance condition was not met, as is the case with this proposal.
Furthermore, the introduction to Rules 16 and 17, which provide for the excavation of the bed that does
not remove material, states that excavation or other bed disturbance associated with structures associated
with damming or diverting are provided for under Rule 10, among others.
It is considered that Rule 10 of the BRL Plan is the appropriate rule to apply to the proposal giving it a
discretionary activity status.
5.1.2 Proposed One Plan
The proposed One Plan is a combined regional policy statement and regional plan. The decisions on
submissions to the proposed One Plan were publicly released on 24 August 2010 but many were
subsequently appealed. Appeals have not yet been heard and at this stage the plan is not operative and its
provisions cannot be afforded full weight.
Chapter 16 of the proposed One Plan provides for activities in the beds of rivers and lakes. Specifically, Rule
16‐13 provides for activities undertaken by or on behalf of the Regional Council in rivers with a 'Schedule AB
Value of Flood Control and Drainage', as a permitted activity. The Manawatu River has this 'Flood Control
and Drainage Value' assigned to it between the Coastal Marine Area boundary and the confluence with the
Pohangina River, therefore Rule 16‐13 is applicable to this proposal. Rule 16‐13 provides for the following
activities:
a. The erection, placement, or extension of any structure in, on, under or over the bed of a river pursuant
to s13(1) RMA
b. The excavation, drilling, tunnelling or other disturbance (including gravel extraction) of the bed of a
river pursuant to s13(1) RMA
c. Any damming or diversion of water pursuant to s14(2) RMA
d. Any discharge or deposition of plants, removed bed material, rock, shingle, earth, cleanfill material,
water or sediment into water or onto or into land pursuant to ss13(1), 15(1) or 15(2A) RMA
e. The damage, destruction, disturbance or removal of plants or parts of plants pursuant to s13(2) RMA.
These activities are considered to be Permitted Activities provided that the activity is undertaken in
accordance with the following listed sections of the Environmental Code of Practice for River Works
(MWRC, June 2010) and does not involve an activity prohibited under Rule 16‐1 or an activity regulated
under Rule 16‐4 (except that the activities may be carried out in specified Sites of Significance ‐ Aquatic and
Sites of Significance ‐ Cultural).
The Generic Standards in section 2.4.2 of Part One Generic Standards for Good Practice
The description of each Activity and the associated Standards for Good Practice in Part Two (for the
avoidance of doubt, excluding the discussion of the Resource Management Act and potential beneficial
and adverse effects)
Generic Special Standards and the Site Specific Special Standards in Part Three (for the avoidance of
doubt, excluding Scheme maps and Scheme dams and locations)
Part Seven Definition of Terms, insofar as those defined terms must not be used other than in relation
to interpreting the Environmental Code of Practice for River Works.
The proposed works, in particular the diversion of water, fail to comply with all of the Part Two standards of
the Environmental Code of Practice, particularly those specific to gravel management including channel
realignment and diversions. The proposed works will not meet Condition 5 relating to gravel movement on
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