IN THE MATTER of the Resource Management Act 1991

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35065584_1.docx Page 1 IN THE MATTER of the Resource Management Act 1991

AND

IN THE MATTER of a Board of Inquiry appointed under s149J of the Resource Management Act 1991 to determine an application for resource consents sought by Watercare Services Limited for its Waikato River Take and Discharge Proposal.

STATEMENT OF EVIDENCE OF TANVIR AHEMAD BHAMJI ON BEHALF OF WATERCARE SERVICES LIMITED

General Stakeholder Engagement

1. Introduction, Qualifications and Experience

1.1 My full name is Tanvir Ahemad Bhamji. I am the Head Works Consents Manager at Watercare Services Limited (Watercare).

1.2 I hold a BSc in Human Geography and a Master of Planning Practice from the University of Auckland. I also hold a Master of Project Management from the University of Southern Queensland.

1.3 I am currently employed as the Headworks Consents Manager at Watercare, a position I have held since March 2018. In this role I am responsible for managing and obtaining all necessary resource consents required for any upgrades to Watercare’s water storage lakes, water treatment plants and wastewater treatment plants. Prior to me assuming the position as Headworks Consents Manager I was employed as a Senior Planner at Watercare for two years managing reconsenting projects for wastewater treatment plants

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Page 2 1.5 I have been a full member of the New Zealand Planning Institute since May

2013.

1.6 This evidence is provided in support of Watercare’s application for all necessary

consents to enable the taking of up to 150,000 cubic metres (net) of water from the Waikato River for municipal supply purposes (Project).

1.7 My involvement in this Project as Watercare's Project Manager since October 2017. My role has been to prepare the scope of works and supervising the staff and experts who have supported the application.

1.8 My role has also been to lead the interface between the project team and Environmental Protection Authority (EPA) as well as engagement with submitters and stakeholders.

2. Code of Conduct

2.1 Although I have set out my academic qualifications and experience above, I am presenting this evidence as a Watercare representative rather than an independent expert witness. However, to the extent that my evidence addresses matters in respect of which I have expertise, I can confirm I have been provided with, and agree to comply with the Expert Witness Code of Conduct set out in the Environment Court’s Practice Note 2014.

3. Scope of Evidence

3.1 Watercare’s relationship with Waikato-Tainui has been discussed in the

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Page 3 3.2 This brief summarises the general stakeholder engagement undertaken as part

of the process to update the 2013 Application. My evidence addresses the following matters:

(a) Stakeholder engagement prior to lodgement of the amended application with the EPA on 11 December 2020;

(b) Stakeholder engagement following lodgement of the 2020 Application; and

(c) Stakeholder engagement following the close of submissions.

4. Stakeholder Engagement Prior to Lodgement of the Updated Application

4.1 As part of the updating of the 2013 Application, Watercare reintroduced the Project to the parties who were consulted as part of the preparation of the 2013 Application. In addition, Watercare identified new stakeholders who were considered to have an interest in the Waikato River within the ‘affected’ reach. This included other river users, parties with consented water takes, local authorities, interest groups, industry and potential future water users.

4.2 The goal of the stakeholder engagement was to update parties on the changes since lodgement of the 2013 Application, and to provide a forum for parties to ask questions and request further information on the updated application. Watercare did not seek support for the application nor was there any request to identify a position on the application. A summary of consultation with these other stakeholders in set out in Section 11 of the updated AEE lodged with the EPA on 11 December 2020.

4.3 By way of summary, the stakeholder engagement process was as follows:

(a) An initial letter was sent out to stakeholder parties extending the opportunity to meet with Watercare staff to discuss the update of the 2013 Application;

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Page 4 (c) Where no response was received from a party, an additional email was

sent restating the offer to meet and also providing a stakeholder summary sheet which provided a high-level overview of the application including identifying the key changes from the 2013 Application.

4.4 Of the responses received, the two key matters raised through the stakeholder engagement meetings related to the effect of the proposed abstraction on the current allocation status of the Waikato River and impacts on the future availability of water for other users within the Waikato River catchment. While allocation is a matter which is managed by Waikato Regional Council (WRC) as the regulator, Watercare has provided commentary on this matter in the evidence of Mr Tom Bassett (Hydrology) on behalf of Watercare.

4.5 Part A of the Stakeholder Engagement Summary Table, provided as Annexure

A of this evidence, provides the engagement undertaken with stakeholders

ahead of lodgement of the updated application. I can take the Panel through this where requested.

5. Stakeholder Engagement Following Lodgement of the Updated Application

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Page 5 5.2 This list identified five parties that Watercare had not identified as stakeholders

or interested parties. This was because four of the five parties were landowners of land adjoining Watercare’s site at Hayward Road. Watercare is not seeking consent for any land-based activities. All of the activities for which consent is sought under this proposal are “regional” consents for activities within the Waikato River.

5.3 The parties were:

(a) Fastco Trustees Limited, C/ - Nicholas John Buxeda;

(b) New Zealand Health Food Park Limited C/ Qing Ye;

(c) Jessica Jane Carlton Timmins, William Cameron Timmins;

(d) Mt Beasley Holdings Ltd C/ - Jason Boggs; and

(e) Waikato District Council.

5.4 In order to provide all parties with an opportunity to understand the application, Watercare sent a letter, via email and post on 21 January 2021, to each of these parties1_{ahead of the formal notification of the Project extending the offer to}

meeting to discuss the project.

5.5 Of these parties, only Mr Boggs responded and a meeting was held on 4 February 2021. A summary of this is provided in Part A of the Stakeholder Engagement Summary Table provided as Annexure A to this evidence. I can take the Panel through this if requested.

6. Stakeholder Engagement Following the Close of Submissions

6.1 At the close of the public notification period for the Application, the EPA received 55 submissions with:

 14 submitters (26%) supporting the proposal;  39 submitters (72%) opposing the proposal; and  2 submitters neutral to the proposal.

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Page 6 6.2 The common themes2_{across those submissions received included:}

(a) effects on customary and cultural values;

(b) consistency with statutory documents and current reform processes;

(c) engagement with iwi;

(d) consistency with Te Ture Whaimana (the Vision and Strategy for the Waikato River);

(e) future water availability in Waikato;

(f) alternative water sources;

(g) water management in Auckland;

(h) security of supply for Auckland;

(i) ecological effects;

(j) consistency with settlement legislation;

(k) upstream effects;

(l) saline intrusion;

(m) climate change; and

(n) short term use of Watercare allocation.

6.3 Additional engagement with those submitters from iwi, hapū and marae entities

and those which were related to cultural matters has been undertaken and is summarised in the evidence of Mr Richard Waiwai.

6.4 Of the remaining submitters, Watercare has undertaken additional engagement, primarily with those parties in opposition to the application, to provide an opportunity for Watercare to be able to understand the submitters’ concerns further and to also provide an opportunity for Watercare to respond to the matters raised.

6.5 As part of this process Watercare sent meeting invitations to the following parties:

(a) The Department of Conservation;

(b) Federated Farmers;

(c) Hamilton City Council;

(d) Horticulture New Zealand;

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Page 7 (e) Shane Solomon;

(f) Waikato Conservation Board;

(g) Waikato Regional Irrigators Incorporated; and

(h) Waipā District Council.

6.6 At the time of drafting this evidence, Watercare had met with the Department of Conservation, Federated Farmers, Hamilton City Council, Shane Solomon and the Waipa District Council.

6.7 Watercare has also had correspondence with Horticulture New Zealand and the Waikato Conservation Board and has meetings scheduled with both parties on Monday 24 May 2021.

6.8 Watercare has not yet had opportunity to meet with the Waikato Regional Irrigators Incorporated however, Watercare is committed to meeting with this party and will provide an update on any future engagement during the hearing.

6.9 While there have been no agreed outcomes as a result of any of the post-lodgement engagement undertaken to date, Watercare has found this process to be very helpful in understanding each submitter’s concerns and enabling some clarification to be provided by both the submitters and Watercare. Additionally, this has helped to direct some of the technical evidence that Watercare has prepared in support of its application.

6.10 A summary of the post-lodgement engagement is provided in Part B of the Stakeholder Engagement Summary Table provided as Annexure A to this evidence. I can take the Panel through this if requested.

6.11 Notwithstanding the meetings and engagement that have occurred to date, Watercare is committed to ongoing engagement with stakeholders where this is requested.

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8 The purpose of the table below is to provide a record of engagement and consultation activities associated with Watercare Services Ltd’s Waikato River Water Take Board of Inquiry Application.

Part A - Summary of engagement prior to notification of the 2020 Application

Date Stakeholder Contact

Method

Discussion/ Outcome Follow Up Actions

Downstream water users

05/11/20 All downstream users identified in the Stakeholder

Engagement Table (Refer to Appendix 1)

Email Stakeholder Engagement Letter (Refer to Appendix 3) sent out providing an opportunity to meet in person to discuss the application.

No Action

18.11.20 Wai Shing Ltd Email Stakeholder Engagement Letter sent out providing an opportunity to meet in person to discuss the application.

No Action

25.11.20 Winstone Aggregates Email Tanvir Bhamji (TB) emailed Tyler Sharratt at Winstone to follow up on a stakeholder meeting.

26.11.20 - Tyler responded confirming a meeting for 27.11.20 26.11.20 Wai Shing Ltd (Frank

Wai Shing), Hira Bhana,, Tuakau Proteins Ltd (Phil

Hocquard), and

Envirofert Ltd (Alan Copsey).

Email Follow up email re requesting stakeholder meeting and provision of the Stakeholder Summary Sheet (Refer to Appendix 4). No Action 27.11.20 Winstone Aggregates (Tyler Sharratt) Teams Meeting

Key matters / comments:

- Main concern was the location of the intake and how it would affect their operations within the river – these concerns were confirming the location of the intake next to the existing intake as it provides separation from Winstone extraction activities and is in line with

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the existing exclusion zone agreement between the parties

- Winstone’s stated their support for the application and looked forward to continuing the positive working relationship

options, drawing, and preferred option intake drawing.

1.12.20 Wai Shing Ltd (Frank Wai Shing)

Phone and Email

LF called Frank to arrange a meeting for Wednesday 2.12.20 and sent meeting request.

No Action

2.12.20 Wai Shing Ltd (Frank and Riley Wai Shing)

Zoom Meeting

Discussed the application and the implications on the water allocation from the Waikato River.

3.12.20 – LF sent email with images from the meeting to Frank being Watercare Waikato River water take consent summary, Long List Intake location options drawing, and preferred option intake drawing. Stakeholders 5/11/20 All stakeholders identified in the Stakeholder Engagement Table (Refer to Appendix 1)

Email Stakeholder Engagement Letter sent out providing an opportunity to meet in person to discuss the application.

No Action

6/11/20 NZ Steel / Glenbrook Mill (Edit Simpson Blue

Scope Steel -

Environmental Advisor)

Email Email received requesting a meeting to discuss the application.

12.11.20 & 16.11.20 – LF left a phone message and emailed re arranged meeting time for 27.11.20

6/11/20 Waikato Rivercare Group (Kevin Hutchinson)

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9/11/20 Fonterra Co-operative Ltd (Carolyn Mortland – Director Global Sustainability)

Email Email received requesting a meeting to discuss the application with her and Ian Goldschmidt.

12.11.20 & 18.11.20 - LF / TB emailed Carolyn and Ian Goldschmidt re arranging a meeting time for 2.12.20

10/11/20 Horticulture NZ – (Lucy Deverall – Environmental Policy Advisor)

Email Email received requesting a meeting to discuss the application and some project information that can be provided ahead of the meeting.

12.11.20 & 16.11.20 - LF emailed Lucy providing the 2013 AEE to arrange a meeting time for 27.11.20. 26.11.20 – meeting changed to 30.11.20 and Mike Chapman included

11/11/20 Fish and Game (Ben Wilson CE Auckland / Waikato)

12.11.20 & 16.11.20 - LF emailed re arranging a meeting time for 27.11.20

16.11.20 Department of Conservation

Email Received email to acknowledge letter and requesting AEE be supplied. Email received from [email protected] address as no single person of contact provided.

17.11.20 – LF emailed providing 2013 AEE and sent proposed meeting dates

17.11.20 Department of Conservation

Email Notifying that information has been received and the request will be processed shortly. A reference number was provided for future correspondence #RC1442.

No Action

18.11.20 Genesis Email Stakeholder Engagement Letter sent out providing an opportunity to meet in person to discuss the application.

No Action

26.11.20 Mercury Energy (Vince Hawksworth), Genesis Energy (Marc England and Karen Sky), Waikato Forrest and Bird, Watercare

Email Follow up email re requesting stakeholder meeting and provision of the Stakeholder Summary Sheet.

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Environmental Group (Paul Walbran), Dairy NZ (Tim Mackle) and Federated Farmers (Jacqui Hahn).

27.11.20 Department of Conservation (Ray Scrimgeour and Paul Hardy)

Email and Phone

Email and phone call to arrange a meeting time and to provide the Stakeholder Summary Sheet.

No Action

27.11.20 Watercare

Environmental Advisory Group (Paul Walbarn)

Email Paul advised that ‘something is happening on this, EAG being the body it is, needs to have internal discussions before arriving at a view. This will happen no later than the group’s scheduled meeting on 8th_December.’

28.11.20 - LF responded informing of the intended mid-December lodgement date but advised that engagement can continue following lodgement and will be available to discuss the application once the EAG has had its discussion.

27.11.20 NZ Steel / Glenbrook Mill (Edit Simpson)

Meeting Key matters / comments:

- Main concern was if there would be any impact on the intake at the Glenbrook Mill and also if there would be any effect on their current application to renew their water take – TB confirmed that Watercare’s

application would not have any effect on either due to the distance downstream of their intake and that the Mill’s application is currently being processed. - Edit asked about the fish protection measures being

incorporated as they were looking for options for their intake structure and suggested a visit may be helpful. Watercare will liaise offline about this.

- Generally, no concerns with Watercare’s proposal.

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27.11.20 Fish and Game (Ben Wilson)

Zoom Meeting

- Main concerns are around how the intakes will be managed to minimise any effects on fish within the river.

- No additional comments or questions at this point in time.

30.11.20 – LF sent email with images from the meeting on 27.11.20 being Watercare Waikato River water take consent summary, Long List Intake location options drawing, and preferred option intake drawing.

27.11.20 Waikato Rivercare Group (Michelle Archer and Kevin Hutchinson)

Zoom meeting

- Main concerns are the potential for effects on the river margins and catchment enhancement

- Interested in being part of the proposed ‘betterment’ process and is happy to provide some advice in terms of planting and wetland design as those aspects progress – stated that they could facilitate a site visit to Stuart Muir’s property downstream which has been subject to extensive restoration / enhancement works. - Stated that it is important that any planting or

enhancement is ‘fit for purpose’ as otherwise can end up with high maintenance and / or replacement costs. - Generally supportive of the proposal, in particular the

‘betterment’ project.

30.11.20 – LF sent email with images from the meeting on 27.11.20 being Watercare Waikato River water take consent summary, Long List Intake location, options, drawing, and preferred option intake drawing.

30.11.20 Department of Conservation (Ray Scrimgeour and Paul Hardy)

Zoom meeting

- Main concern around the effects of the intake and take on fish, eels and small fry – understand that there is some anecdotal findings that glass eels and small fry entrainment occurs on existing structures in the river primarily at night time.

- Also concerned about the discharge / removal of weeds and algae from the intake and what effect this may have.

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Method

- Mentioned that Tata Valley Ltd current had an application with DOC for a boat ramp structure upstream of the Watercare site.

- No issue with the reduced volume and allocation limit impacts and the call in process.

30.11.20 Horticulture NZ (Mike Chapman and Lucy Deverall)

Zoom meeting

- Lucy and Mike are representatives of the growers of the area and Watercare should consult growers directly also – Mike and Lucy are to arrange a meeting in Jan 2021 between Watercare and the Pukekohe Vegetable Growers Association.

- Main concern is related to water availability and who should get priority over water use particularly given the requirements for provision for water supply for Specified Vegetable Growing Areas under the NPS FM 2020.

- Queried what the impact of the reduction in take will have on the primary and secondary allocation – TB confirmed that all applicants in front of Watercare in the queue will now be below the primary allocation and there may be some additional water available for those behind too.

- Mike indicated that Horticulture New Zealand would likely oppose the application.

LF sent an email with images from the meeting being Watercare Waikato River water take consent summary, Long List Intake location options drawing, and preferred option intake drawing. Also restated the position that Watercare is supportive of meeting the growers in the new year.

1-3.12.20 Mercury (Stephen Colson)

Emails Emails with Stephen to arrange a meeting. 3.12.20 – Meeting set for 9.12.20

2.12.20 Fonterra (Ian

Goldschmit, Brigid Buckley, Richard Allen, Mat Cullen)

Teams Meeting

- Water allocation and availability for other users – Fonterra were interested in how WSL proposed to free up water for other users in the event that the 150

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MLD was granted but not being used. WSL stated they are open to water sharing which is provided for under the WRC framework and which it has benefited from (HCC take), Fonterra stated they wished to see further consideration of short-term water sharing provisions on the application;

- Reduced volume of the WSL take – WSL explained what this meant for those in the WRC queue;

- Impacts on upper catchment groundwater allocation – in the event that the lower Waikato River becomes over-allocated does this then impact upstream GW allocation, if so, this is a concern for Fonterra as it has multiple takes for its factories. WSL response, the application was within the allocable limit.

Groundwater effects are anticipated within the regional plan as part of the limit.

- Rivers ability to take further ‘contaminant load’ from discharges – WSL explained that the WTP

discharges do contain contaminant load and that the take and discharge was actually improving the water quality due to removal of TSS and slug from the water prior to discharge back to the river.

options drawing, and preferred option intake drawing, and extend the offer for continued engagement.

4.12.20 – LF provided an email response to two questions asked by Fonterra following the 2.12.20 meeting.

9.12.20 Mercury Energy (Stephen Colson and Fraser Graafhuis)

Zoom meeting

- Water allocation and availability for other users – Mercury questioned who would be addressing the matter of primary allocation and availability.

Watercare confirmed that WRC had, in response to a direct request, communicated to the EPA that the new reduced volume proposed by Watercare was under the allocable flow for the river and this was inclusive of those in front of Watercare in the WRC queue. Watercare confirmed that it would be WRC,

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Method

through their Key Issues Report, who would address the allocation matter.

- Resilience of the intake structure – Mercury asked what consideration had been given to future proofing the intake structure. Watercare responded saying that resilience was a criterion that was used as part of the location assessment process.

21.1.21 Horticulture NZ and Pukekohe Vegetable Growers Association Meeting held at BNZ Partners Centre in Pukekohe

MB, TB and LF gave a presentation of the application to the Pukekohe Vegetable Growers Association. Slides included the historical takes from the river, the current allocation take with the reduced 150 MLD take, intake location and BOI process summary.

The meeting gave growers the chance to get an update on the changes to the new application from the 2013 application and ask questions ahead of the application being lodged.

Circulate slides and contact details to Lucy Deverall at Horticulture NZ for circulation to parties. Completed 25.1.21.

26.1.21 Additional Parties identified in the EPA draft notification list (Refer to Appendix 2)

Email / post

Stakeholder Engagement Letter sent out to parties out providing an opportunity to meet in person to discuss the application.

No Action

26.1.21 DOC – Paul Hardy Email received

Email received from DOC outlining the proposal on the upstream neighbouring property for the boat ramp and river access structure. DOC advised that they had not received any correspondence from the applicant for a number of months and think that the project may have been halted by the property owner.

Email forwarded to Watercare on an FYI basis 4.2.21 Jason Boggs – neighbouring landowner (Refer to Appendix 2) Meeting in person

TB and LF met with Jason to discuss the application. Information on the proposal was provided and Mr Boggs communicated that he did not have any concerns with respect to the application and as the landowner immediately adjacent

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to the Waikato WTP access he was interested in having future discussions with Watercare with respect to acquiring additional land. TB said he would pass on this request to Watercare’s property team.

11.3.21 DOC – Paul Hardy Email received

Email received from DOC requesting information on how Watercare collectively manages its water supply sources, whether the Waikato take can be switched off if there is contamination in the river, and can high flows be harvested from the river to top up dams.

TB spoke with Paul at 2.47 for 11 minutes. Went over the water supply system and the conjunctive use approach. Answered questions on the impact of adding Waikato River water to existing storage lakes, its impact on drinking water grading and the need to build new infrastructure. Off river storage is being explored, with existing open cast mines likely to have contamination issues, which affects drinking water grading and increases cost of treatment. Paul queried Watercare’s position on improving river quality. TB responded with Watercare support for PC1, funding of Waikato Rivercare Trust and retiring forestry land in the Hunua’s.

He was content with the response. Local Board /Councils / Councillors

25.11.20 Hamilton City Council Email / Phone call

TB called and emailed Andrew Parsons re Stakeholder meeting.

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Method

3.12.20 Hamilton City Council Teams Meeting

- Water allocation and availability of water for Hamilton’s municipal supply and growth demand. HCC were interested how WSL proposed to free up water for other users in the event that the 150ML/d was granted but not being used. WSL stated they are open to water sharing which is provided for under the WRC framework and which it has benefited from (HCC take).

- HCC explained their internal process for providing a position on any application and that the proposal needs to be put to the Councillors. WSL offered to meet with the Councillors if that would be of

assistance. WSL also provided some information that would be a helpful summary.

3.12.20 - LF sent an email with images from the meeting being Watercare Waikato River water take consent summary, Long List Intake location options drawing, and preferred option intake drawing, and extend the offer for continued engagement.

26.1.21 Waikato District Council – Ian Cathcart (Infrastructure Manager) (Refer to Appendix 2)

No Action

Community Groups and recreational users 5.11.20 All community / recreational groups identified in the Stakeholder Engagement Table (Refer to Appendix 1)

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Method

23.11.20 Waikato River Harbour

Master – Toby Kemp Email Confirmed that, beyond any navigational safety issues, the Waikato Regional Council Resource Officer is the appropriate party to consult with.

25.11.20 – TB confirmed that a meeting with WRC regulatory team was arranged for 1.12.20 to update them on the revised application.

Part B - Summary of Engagement Following the close of submissions

Method

29.4.21 Director General of Conservation C/ - DOC (Contact person - Stephanie McNicholl)

Email Provision of invitation to meet with Watercare to discuss the DOC Submission.

10.5.21 – LF received email from Stephanie McNicholl providing possible dates for a meeting. LF confirmed a meeting for 12.5.21 via Teams.

29.4.21 Federated Farmers (Contact Person - Laura Jeffries)

Email Provision of invitation to meet with Watercare to discuss the Federated Farmers Submission.

30.4.21 and 3.5.21 - LF exchanged emails with Laura Jeffries confirming a meeting for 6.5.21 via Teams. 3.5.21

and 10.5.21

Hamilton City Council and

Waipa District Council (Andrew Parsons, Shay Thomas and Lachlan Muldowney)

Meetings On 3 May and 10 May 2021 Watercare representatives and their legal counsel met with representatives of Hamilton CC and Waipa DC (Andrew Parsons and Shay Thomas) their legal counsel, Lachlan Muldowney.

Matters discussed included the reasons for the Councils’ opposition to the proposal, and their underlying interest in ensuring there is sufficient water available within the allocable flow when their councils’ consents require renewal (including an additional allowance for growth) in the 2040s.

Watercare agreed on 3 May to provide data its hydrologists Tonkin & Taylor had collated from WRC in May 2021 showing

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Method

that there was still allocable flow available throughout the year, if Watercare’ s application and all other applications lodged with WRC both before and after Watercare’s application were granted.

6.5.21 Waikato Conservation Board (Contact person – Scott Summerfield)

Emails Email exchange with Scott Summerfield to arrange a meeting to discuss the Waikato Conservation Board submission. ,Scott said he would discuss with the Board and provide a response when he can. No Action 6.5.21, 11.5.21 and 14.5.21 Horticulture New Zealand (Contact person – Lucy Deverall)

Emails Email exchange with Lucy to arrange a meeting to discuss the

Horticulture New Zealand submission. Meeting set for 24.5.21 No Action

6.5.21 Federated Farmers – Laura Jeffries, Alan Cole, Hilary Walker and Jacqui Hahn

Teams Meeting

TB and LF meet with Stephanie to discuss the DOC submission. The matters discussed included:

- Water availability – legacy issues with WRC consent processing delays on the dairy industry and their ability to take water., TB / LF explained how the revised application and the surrender of other applications in the allocation queue has resulted in more water being available across the year. Also discuss how the Regional Plan Variation 6 (RPV6) process may also result in more water availability. Regarding the RPV6 workstream, Federated Farmers expressed a willingness to work with Watercare and other primary river users in any workstreams to support the WRC process. TB confirmed that

Watercare would be keen to work with other key river users in this process too.

- Other Watercare water sources – Federated Farmers communicated concerns that Watercare was taking up available allocation in other areas, primarily groundwater from the Kaawa Aquifer. TB stated that

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Watercare has been looking at availability in relation to Watercare’s other supply sources but commitment to abstract has not been confirmed despite the Pukekohe WTP being reconsented (for 5 MLD) as a response to the drought. Watercare expressed a willingness to enter into discussions with other parties if the water is not used. TB said that Watercare was happy to share its groundwater resource

investigations with Mr Cole.

- Future allocation and flows in the river – Federated Farmers asked if Watercare was interested in

agreeing to relinquish ‘renewal’ rights to future waters takes. TB / LF stated that the Waikato River, up to a 300 MLD volume, was part of Watercare’s long-term water supply strategy but it is actively investigating what the next long-term source would be as the population is continuing to grow. LF stated that the existing consent to abstract 150 MLD expires in 2032 and prior to that Watercare will have to prepare a new application for this volume and the application would need to justify the volume applied for. This would require a fulsome application consistent with that which has been prepared for this process.

- No outcomes nor agreements were sought from the meeting nor were any proposed.

- Watercare restated the offer to meet with Federated Farmers following the lodgement of evidence if there are outstanding matters to be discussed.

6.5.21 Shane Solomon Emails Email exchange with Shane to arrange a meeting to discuss his submission. Meeting set for 12.5.21

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12.5.21 DOC – Stephanie McNicholl

Teams Meeting

TB and LF meet with Stephanie to discuss the DOC submission. The matters discussed included:

- TB provided an overview of the Watercare application and how the WTP is operated including a description of how the new application would fit within the current operations.

- Each of the five ‘concerns’ with the application identified in Paragraph 5 a-e of the DOC submission were discussed at a high-level and TB / LF

communicated that these matters were also discussed within the evidence that Watercare was preparing for lodgement on 21 May.

- No outcomes nor agreements were sought from the meeting nor were any proposed.

- Watercare restated the offer to meet with DOC following the lodgement of evidence if there are outstanding matters to be discussed.

LF to provide the Watercare infographic and allocation graphs to Stephanie – Done 14.5.21

12.5.21 Shane Solomon Meeting TB, Richard Waiwai and LF meet with Shane to discuss his submission. The matters discussed included:

- Shane confirmed his submission was an independent one and not associated with Waikato-Tainui

- Shane’s explained his role in the Waikato River Settlement process and his position that the way in which allocation of the river did not align with the Vision and Strategy for the river. Watercare acknowledged the differing views of WRC and

Waikato-Tainui and others on the Vision and Strategy and how this was impacted by activities within the catchment. TB/LF described the historical and proposed betterment projects and explained how the enhancement trust would provide a mechanism

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through which projects could be funded for the wider betterment in line with the holistic view of the Vision and Strategy. What betterment meant in the opinion of Shane was also discussed, including the

applicability of research work being undertaken at the Waikato Endowed College.

- Shane confirmed that a number of his comments were linked to the Crown’s obligations under the Settlement legislation and the disconnect between the RMA and the legislation.

- TB stated that Watercare is available for further meetings following the lodgement of evidence if there are outstanding matters to be discussed.

Appendix 1 – List of Recipients of the Stakeholder Engagement Request Letter

Party Relationship Contact Person

Genesis Energy Upstream River Users CEO – Marc England

[email protected]

Karen Sky (Group GM Environment) – [email protected]

Mercury Energy (previously Mighty River Power)

Upstream River user Vince Hawksworth – CEO –

[email protected]

Fonterra Upstream River Users related to processing plant activities Miles Hurrell – CEO – [email protected] Winstone

Aggregates

River operations in the vicinity of the intake and downstream take within 2kms - three authorisations that allow it to take up to 5,270 m3 per day for mining/quarry purposes

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Glenbrook Steel Mill (NZ Steel)

Downstream Water User Gretta Stephens (CEO for NZ Steel and Pacific

Islands at Bluescope Steel Ltd) – [email protected]

Horticulture NZ Water users up and downstream Mike Chapman – CEO -

[email protected]

Federated Farmers Users up and downstream Jacqui Hahn (Waikato President) -

[email protected]

Fish and Game Trout and introduced species within the River Ben Wilson – Auckland / Waikato Region CEO - [email protected]

Department of Conservation

river ecology, river concessions and whitebaiting Hamilton Office [email protected]

Forest and Bird General environmental protection Waikato Office -

[email protected] Watercare

Environmental Advisory Group

General environmental protection Paul Walbran – Chair - [email protected]

Waikato River Harbour Master

Responsible for Water and Navigational safety on the river Toby Kemp 021 705 642 - [email protected]

DairyNZ Users up and downstream CEO – Tim Mackie - [email protected]

Wilma Foster Waikato Area -

https://www.dairynz.co.nz/contact-us/regional-teams/

Waikato RiverCare Group

Non-profit Trust care group focusing on the Lower Waikato Current chair Michelle Archer ([email protected])

Operations manager Kevin Hutchinson ([email protected])

Mercer Rowing Club Upstream River User David Waters (President) -

https://www.sporty.co.nz/mercerrowing/contact Counties Manukau

Rowing Club

Upstream River User Rob Foster (President) -

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Elbow Waterski Club

Downstream River User – Port Waikato Gina McGlade (Secretary) -

https://www.sporty.co.nz/elbowwaterskiclub Port Waikato Yacht

and Motor Boat Club

Downstream River User [email protected]

Hira Bhana & Co Limited

Downstream take within 2kms - one authorisation that allows it to take up to 1,120 m3_{per day for horticulture/market gardening} purposes

Hira Bhana & Co Ltd, 71 Tuakau Road, Pukekohe 2120, Auckland, NZ

Phone: 09 238 7242 Email: [email protected] Wai Shing Ltd Downstream take within 5km - two authorisations (across three sites)

that allow it to take up to 2,880 m3_{per day for horticulture/market} gardening purposes

WAI SHING LIMITED 194 Patumahoe Road Rd 3

Pukekohe, AUCKLAND, 2678 New Zealand +64-9-2363708

Mob: +64-29-2944896

Email: [email protected] Tuakau Proteins Ltd Downstream take within 5 km - one authorisation that allows it to take

up to 1,000 m3_{per day for industry (food processing) purposes}

Phil Hocquard (Director – Commercial Manager) from Lowe Corporation - Phil W. Hocquard <[email protected]>

Envirofert Ltd Downstream take within 5kms - one authorisation that allows it to take up to 421 m3_{per day for horticulture/market gardening purposes}

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Annexure A - Watercare – Waikato River Take – Engagement and Consultation Summary

25

Appendix 2 – Additional Parties Contacted Following the EPA Draft Notification List

Fastco Trustees Limited, C/ - Nicholas John Buxeda

Owner of SA70D/856 (Across the river to the SE) 342 Mercer Ferry Rd, RD 1 Tuakau 2696

New Zealand Health Food Park Limited C/ Qing Ye

Owner of Lot 402386 (Immediate site to the east) Site Address - 42B Pokeno Rd, Pokeno

Address for service – 291 East Tamaki Rd, Otara, Auckland 2013

Jessica Jane Carlton Timmins, William Cameron Timmins

Owner of Lot 463778 (Across the river to the south) No contact details available

Mt Beasley Holdings Ltd C/ - Jason Boggs

Owner of Lot 549470 (immediately to the north) 89 Trig Rd, Tuakau 2694 -

[email protected]

Waikato District Council

Upstream Regulatory Authority Ian Cathcart, Special Infrastructure Projects Manager -

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From: Tanvir Bhamji, Headwork Consents Manager

Subject: Waikato River Water Take Refresh Application – Stakeholder Summary Sheet

MEMORANDUM

Date: 25th_{November 2020}

Watercare Services Limited (“Watercare”) is a lifeline utility providing water and wastewater services to a population of 1.7 million people in Auckland. Its services are vital for life, keep people safe and help communities to flourish. More specifically, Watercare is the council-controlled organisation of Auckland Council responsible for municipal water supply within Auckland, and the provider of bulk water supply services to Pokeno and Tuakau in the Waikato District1_.

As at November 2020, Watercare supplies approximately 440,000 cubic metres of water per day (“m3_/day_{”) on average across the year, derived from a range of sources and treated to the Ministry of}

Health Drinking Water Standards for New Zealand 2005 (revised 2018). Watercare’s three main water supply sources are:2

• Water storage lakes in the Hūnua and Waitākere ranges;

• A groundwater aquifer in Onehunga; and

• The Waikato River.

The exact proportion supplied from each source varies daily, depending on a range of factors including the levels in the storage lakes, forecast rainfall, treatment plant capacity, and maintenance requirements.

In December 2013, Watercare applied to the Waikato Regional Council (“WRC”) for resource consents to authorise abstracting an additional 200,000 m3_{/day of water from the Waikato River, a}

new water intake structure and discharges from a new water treatment plant. Since that time, Watercare’s water take application (and the associated applications) have been on hold while the WRC processes and determines other applications to take water from the Waikato River Catchment that were lodged before Watercare’s application.

During the period from late 2019 through to mid-2020, the Auckland region experienced one of the most extreme drought events in modern times with rainfall for the period between January and May 2020 being approximately 30% of what would normally be expected for that period. At Watercare’s

1_{Under a bulk supply agreement with Waikato District.}

2_{Watercare also operates individual water supplies from various sources including groundwater}

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27 recommendation, in May 2020 Auckland Council imposed water use restrictions in Auckland for the first time since the early 1990s. Watercare also took additional steps to improve security of supply during the drought by exercising emergency powers under section 330 of the Resource Management Act 1991 (RMA),3_{and by re-establishing supply from previously decommissioned sources.}4

While the above steps have been taken to ensure Auckland’s short-term water supply requirements are met, the focus has now turned to the future. Watercare focus remains planning for water demand over the long term by securing sustainably sourced water to achieve:

• Certainty of supply in up to a 1:100-year drought with 15% residual dam storage; and

• Certainty of supply to meet the peak demand.

On 30 June 2020, after considering advice provided by the Environmental Protection Authority, the Minister for Environment issued a direction under section 142(2) of the RMA to call in Watercare’s 2013 application and refer the matter to a Board of Inquiry to determine the application. The Minister direction recognised Watercare’s application as a proposal of national significance.

Given the passage of time since the 2013 application was lodged, Watercare has updated the application to address a range of matters including updates to population and demand assessments, changes to the policy framework within which the application is to be considered, consultation that has taken place, reassessment of potential water supply sources and intake options, and updated assessments of environmental effects including the effect that granting Watercare’s application would have on the allocation available to other users. The updated application will be heard by the Board of Inquiry.

The most significant revision to the 2013 application, resulting directly from Watercare’s ongoing engagement with Waikato-Tainui is a reduction in the volume of the proposed water take from 200,000 m3_{/day to 150,000 m}3_{/day. This reduction reflects Waikato-Tainui’s special relationship with the}

Waikato River as outlined in the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010. It recognises Waikato-Tainui’s relationship with the Waikato River and its respect for the River lies at the heart of Waikato-Tainui’s spiritual and physical wellbeing, tribal identity and culture.

Watercare currently holds three resource consents authorising the abstraction of water from the Waikato River adjacent to the Waikato Water Treatment Plant (“Waikato WTP”) near Tuakau as follows:

a) Resource consent 960089.01.04 authorising a net take rate of up to 150,000 m3_{/day at} any time of the year.

3_{Reduced environmental flows from the Waitakere, Wairoa and Cosseys Storage Lakes, and a}

short term take from the Waikato River.

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b) Resource consent 141825.01.01 (referred to as the “Seasonal Water Take” consent)

authorising a net take rate of up to:

i) 100,000 m3_{/day during the period 1 May to 30 September (inclusive); and}

ii) 100,000 m3_{/day during the period 1 October to 30 April (inclusive) when the} 7-day rolling average flow of the Waikato River at Rangiriri exceeds 330.03 m3_/second.

c) Resource consent 142090.01.01 (referred to as the “Hamilton City Council Water Allocation” consent), authorising a net take rate of up to 25,000 m3_{/day (or such lesser} volume as determined by Hamilton City Council as being available for any given day) during the period 1 October to 30 April (inclusive). This is a short-term consent till 1 May 2023.

In the event that the consent sought through the Board of Inquiry process is granted for the volume sought, Watercare proposes that resource consents 141825.01.01 and 142090.01.01 would be surrendered. Watercare’s combined take from the Waikato River under its existing resource consent 960089.01.04, and the new water take consent sought through the Board of Inquiry would not exceed a year round take volume of 300,000 m3_/day.

d) Resource consent 141825.01.01 (referred to as the “Seasonal Water Take” consent)

authorising a net take rate of up to:

i) 100,000 m3_{/day during the period 1 May to 30 September (inclusive); and}

ii) 100,000 m3_{/day during the period 1 October to 30 April (inclusive) when the} 7-day rolling average flow of the Waikato River at Rangiriri exceeds 330.03 m3_/second.

e) Resource consent 142090.01.01 (referred to as the “Hamilton City Council Water Allocation” consent), authorising a net take rate of up to 25,000 m3_{/day (or such lesser} volume as determined by Hamilton City Council as being available for any given day) during the period 1 October to 30 April (inclusive). This is a short-term consent till 1 May 2023.