Forest Management NZ Ltd
Unit 13/90 Austin Street, Onekawa
Napier 4110
PH: (64) 06-843 3770
E-mail: kate.muir@fmnz.co.nz
9/02/2016
Taranaki Regional Council
Private Bag 713
Stratford 4352
Re: Draft Freshwater and Land Management Plan for Taranaki
To Whom It May Concern,
Please find attached a submission from Forest Management NZ Ltd on the recent proposed Draft Freshwater
and Land Management Plan for Taranaki.
Forest Management NZ Ltd manage 26,000 ha of plantation forestry, mainly located throughout the North
Island. The forest ownership is made up of investment partnerships, private forest owners and overseas
investors. These forests are located within six different councils, including the Taranaki Regional Council.
The National Environmental Standards for Plantation Forestry currently under development is set to
standardise environmental requirements throughout New Zealand’s plantation forestry industry and also
encompass freshwater and land management aspects. Documents under development for environmental
management will need to be aligned so they are both practicable and measureable.
The intentions of the Freshwater and Land Management Plan will help to encompass and set standardised
requirements for all land users throughout the district. The development of both National Environmental
Standards for Plantations Forestry and the proposed Draft Freshwater and Land Management Plan for
Taranaki will in return lead to duplication and contradiction around the regulations that shall be followed by
land owners and managers. FMNZ have points of support as well as opposition to the Draft Freshwater and
Land Management Plan for Taranaki which follow in the supporting documents.
To ensure the intentions and best outcomes from the Freshwater and Land Management Plan for Taranaki
are met, conditions and rules will need to be practical, unambiguous and achievable. The regulations need
to be aligned with other governing documentation.
I am available to be contacted should further information or clarification be sort over the points raised.
Kind Regards,
Kate Muir
FMNZ comments to particular activity conditions, standards and terms outlined in the Draft Freshwater and Land Management Plan.
Activity
Rule Classification Condition/Standards/Terms
Harvesting of Forests
37
Use of land involving
forestry
harvesting
where
the
activity
involves harvesting a
contiguous area of more
than 5 ha in any 12 month
period
Permitted
(a) Any earthworks associated with
the formation of a new track does
not occur on land that is in, or
within 5 metres of:
(i) The bed of a river that is
permanently flowing or has an
active bed width greater than 1m
(ii) A bed of a lake: or
(iii) A regionally significant wetland
Unless the new tract or earthworks:
(iv) Connect to and from a formed
river crossing point that is a
consented or permitted activity;
or
(v) Are for the purpose of the
maintenance or upgrade of an
existing track
(b) Any area of forestry that is
harvested must be stabilised or
revegetated,
including
the
planting of a replacement forest,
as soon as practicable, no later
than 18 months from the date of
harvesting.
(d) There shall be no slumping of
batters, cuts and side castings.
Points of Opposition
 New track formation
within 5m of a
permanently flowing
or has an active bed
width greater than
1m.
 Any area of forestry
that is harvested must
be
stabilised
or
revegetated, including
the planting of a
replacement forest, as
soon as practicable, no
later than 18 months
from the date of
harvesting.
 There shall be no
slumping of batters,
cuts and side castings.
 The TRC must be
notified, in writing of
the
location and
timing of the activity.
Relief Sort/Supporting Points
Page
This
section
where 67
encompassing forestry should
align itself with the NES
document being created at
present, particularly (a).
(b) What type of cover is
included or classed as
stabilisation. Don’t believe this
should have the ability to take
away freehold land rights and
stop land use conversion.
(d) How realistic? Unrealistic,
impractical and unachievable
for all land users.
(j)(iii) Give no flexibility in the
event of storm damage, wind
throw or activities that require
immediate action to reduce
(j)(iii) The Taranaki Regional Council
must be notified, in writing, of the
location and timing of the activity.
Planting of Forestry
39
further
impacts.
environmental
FMNZ support this point and 69
agree
new
plantings
placement
needs
consideration.
Discretionary
Use of land involving the
planting of a contiguous
area of more than 5
hectares of forestry in
any 12 month period in,
or within 5m of:

The bed of a river
that
is
permanently
flowing or has an
active bed width
greater than 1 m;
OR
 A
Regionally
significant
wetland
Existing Structures
60
Use of an existing
structure
(excluding
pipelines used to convey
liquid
hazardous
substances) in, on, under,
Permitted
(a) The structure was lawfully
established and in use as at 28
February 1998 or has since
been issued a resource
consent that has expired
(b) The structure does not:
(i) Restrict fish passage
(ii) Cause flooding on adjacent
properties
Support for this point. Use of 82
existing structures should not
impede fish passages, cause
flooding or other negative
environmental impacts.
or over the bed of a river
or lake
Maintenance
structures
of 61
Permitted
The maintenance, repair
or upgrading of lawfully
established
existing
structures, in, on under,
or over the bed of a river
or lake
Removal of structures
The
removal
or
decommissioning of a
structure, or any part of a
63
Permitted
(iii) Result in significant erosion,
scour or depositions of any
receiving water body.
(c) The activity does not:
 Restrict fish passage
 Take place in an area and at a time
that impacts on fish spawning and
migration as set out in Policy 9.4
 Might cause flooding on adjacent
properties
 Result in significant erosion, scour
or deposition of any receiving water
body; OR
 Beyond a reasonable mixing zone,
cause any conspicuous change in
the visual clarity of the receiving
water
(d) Any diversion of water must
only be to the extent, and for
the period necessary to carry
out the works, but not more
than 48hrs.
(e) The activity does not occur in
rivers with a channel width (as
measured from bank to bank)
greater than 10 metres.
 Beyond
reasonable
mixing zone, cause any
conspicuous change in
the visual clarity of the
receiving water.
Explanation
of
what 82
“reasonable mixing zone” is
defined as. What about the
surrounding influence that
other land uses have.
How is the reasonable mixing
zone going to be measured and
will it be subjective for the
person onsite?
Need a timeframe around
when the conspicuous change
in visual clarity no longer is
classed against the works that
were undertaken.
Suggested that the word
“being” is incorporated so it
refers to the specific time
where the working is being
undertaken.
 Any diversion of water
during the removal or
decommissioning of the
structure must only be
to the extent and for the
The timeframe provided to 84
remove or decommission the
structure
should
be
determined on a case by case
structure in, on, under, or
over the bed of a river or
lake
Temporary Crossings
Installation, use and
removal of a temporary
crossing, being a bridge,
culvert or ford in the bed
of a river
(h) Any diversion of water during
the removal or decommissioning
of the structure must only be to the
extent and for the period,
necessary to carry out the works,
but not more than 48 hours.
66
Permitted
(b) The crossing must not be in place
longer than six months…
(c) The crossing must not be
constructed from material that
contains any contaminants that could
result in adverse effects on water
quality, aquatic ecosystems, or aquatic
life.
period necessary to basis. Restricting the time
carry out the works, but provided for the activity may
not more than 48 hours. not be suitable or achievable.
Should be a reference to
weather conditions for when
work can and should be carried
out. Weather is a significant
contributing factor to the
environmental
impact
incurred.
 The crossing must not
be in place longer than
six months.
The
duration
of the 86
temporary crossing being in
place needs to be on a case
by case basis. The type of
crossing being installed, any
consent requirements and
checking
of
structural
integrity needs to be
considered.
Needs to be determined if
the specified timeframe is
suitable for the nature of
some operations and the
uncertainty
of
the
environment.
Culverts
Installation and use of a
culvert
and
any
associated
erosion
protection structures in
the bed of a river
excluding where the
activity is undertaken:

In a defined
urban area as
shown
in
Schedule 7
67
Permitted
(a) The culvert is not placed in the bed (c) (iv) the culvert is
installed with its invert set
of an outstanding freshwater body
to a depth below the level
(c) (iv) the culvert is installed with its of the bed that is
invert set to a depth below the level of approximately one sixth
the bed that is approximately one sixth
of the diameter of the
of the diameter of the culvert for a culvert for a circular
circular culvert, and a minimum of culvert, and a minimum of
0.1m for a box culvert;
0.1m for a box culvert.
Specify a maximum depth of 86
the culvert that is to be in-set.
With larger diameter culverts
you are going to be required to
in-set a larger area of the
culvert, and will lose some
capacity from sediment buildup.
Culvert specifications should
(v) For a circular culvert, the diameter
(d) Any disturbance to the be determined on a case by
is a maximum of 1.2m and a minimum river bed is the minimum case basis, and dependent on
of 0.3m;
necessary to carry out the the stream/river conditions.
(vi) for a box culvert, the cross sectional works required.
area is a maximum of 1.5m2 , with
maximum and minimum cross section
dimensions of 1.5m and 0.3m
respectively.
(e) Installation of the
culvert,
including
temporary diversion of
water
or
associated
(vii) A maximum fill height of 1m above disturbance of the river
does not:
the top of the culvert.
Agree with the point to install
the culvert so that any
disturbance to the river bed is
the minimum necessary to
carry out the required works as
well as not restricting fish
(viii) A secondary flow path is provided (i) restrict fish passage for passages.
for flood flows that exceed the capacity more than 48 hours;…
of the culvert;
Should be a reference to
(ix) the culvert is installed so that its
weather conditions for when
alignment and gradient are the same as
work can and should be carried
the river bed;
out. Weather is a significant
(x) The culvert must be constructed to
prevent contaminants entering water
from the track above the culvert or its
approaches.
contributing factor to the
environmental
impact
incurred.
(d) Any disturbance to the river bed is
the minimum necessary to carry out
the works required.
(e) Installation of the culvert, including
temporary diversion of water or
associated disturbance of the river
does not:
(i) restrict fish passage for more than
48 hours;…
Fords
Installation and use of a
ford in or on the bed of a
river
72
Permitted
(h) Installation of the ford, including
temporary diversion of water and
associated disturbance of the river bed
does not:
(i)Restrict fish passage other than
during the construction period where it
must not be restricted for more than
72hrs
(j) The ford must be maintained clear
of debris.
The installation of a ford will be 93
done in relation to the
standard
identified
as
necessary. Maintenance of
fords is important to ensure
functionality as well as
reducing the chance of failure.
Clarify the rational for set
setting the timeframe of the
fish passage being restricted to
72hrs for a ford, however only
48hrs for the installation of a
culvert.
Why is there a difference?
Keep a uniform timeframe for
the allowable time in which a
fish passage is permitted to be
blocked.
Planting or removal of 83
existing vegetation or
debris for environmental
enhancement purposes
Introduction or planting
of any plant, or the
removal and disturbance
of existing vegetation in
or on the bed of a river or
lake for the purpose of:


Retiring
and
planting riparian
margins
in
accordance with
a
riparian
management
plan; OR
Enhancing
the
ecological values
and functioning
Permitted
(b) Any vegetation or debris removed  Any vegetation or debris
removed or trimmed is
or trimmed is completely removed
completely
removed
from the bed and disposed of in a
from the bed and
location where it will not return to the
disposed of in a location
channel during floods of 1% AEP.
where it will not return
to the channel during
floods 1% AEP.
Agree that land users should
Not practicable to completely
remove vegetation or debris
from the bed of a river or lake
where it could return to the
channel during floods 1%AEP
in any land use situations.
If you are improving or
enhancing the river/stream
bed by removing vegetation or
debris you shouldn’t be held
accountable for its removal.
Removing vegetation or debris
completely from the area
where it could return to the
channel during floods of
1%AEP is likely to end with the
of rivers, lakes
and
regionally
significant
wetlands
requirement to end haul the
material, resulting in the
operations
becoming
financially infeasible.