1. Land Use in Riparian Margins Livestock Access to Surface Water Bodies

2. RMA - definitions water
means water in all its physical forms whether flowing or not and whether over or under the ground:
Includes fresh water, coastal water, and geothermal water:
Does not include water in any form while in any pipe, tank, or cistern:
water body 
means fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area:
coastal water 
means seawater within the outer limits of the territorial sea and includes—
(a)  Seawater with a substantial fresh water component; and
(b)  Seawater in estuaries, fiords, inlets, harbours, or embayments:

3. river 
means a continually or intermittently flowing body of fresh water; and includes a stream and modified watercourse; but does not include any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal)
Note: Ephemeral – flows for a short time only after rain – water course, but usually not a river
lake 
means a body of fresh water which is entirely or nearly surrounded by land
wetland includes permanently or intermittently wet areas, shallow water, and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions:

4. Bed:
river, the land covered at its fullest flow without overtopping its banks - incised channel, braided rivers
lake, the land covered at its highest level without exceeding its margin
lake controlled by artificial means, the land covered at its maximum permitted operating level
sea, submarine areas covered by the internal waters and the territorial sea

5. the foreshore, seabed, and coastal water —
coastal marine area
the foreshore, seabed, and coastal water —
(a)  seaward boundary is the outer limits of the territorial sea:
(b)  landward boundary is the line of MHWS, except where that line crosses a river, the boundary at that point is the lesser of—
(i)  One kilometre upstream from the mouth* of the river; or
(ii)  The point upstream that is calculated by multiplying the width of the river mouth by 5:
*the Mouth of the river is agreed between the MoC, RC and TLA during the development of the proposed regional coastal plan.

6. RMA Part 3 – duties and restrictions
Section 9 - use of land outside CMA – permissive
Section 12 – use of CMA – restrictive
Section 13 – uses of beds of lakes and rivers – restrictive
Section 15 – discharges of contaminants to land or water - restrictive

7. RC Functions s30 (1)(c) – control use of land for:
Soil conservation
soil conservation means avoiding, remedying, or mitigating soil erosion and maintaining the physical, chemical, and biological qualities of soil
Maintain and enhance water quality and ecosystems in water bodies & coastal water
s30 (1)(d) CMA – control of land & discharges of contaminants
s30 (1)(f) Control of discharges of contaminants to land and water
s30 (1)(ga) Control land use for indigenous biodiversity
(RPS delegation - GWRC has control in beds of rivers, lakes and CMA, TLAs elsewhere)

8. Vegetated riparian margins are established and maintained
Plan Objectives:
Objectives for water quality, aquatic ecosystem health, mana whenua, mahinga kai, amenity, recreation etc
Objective O27
Vegetated riparian margins are established and maintained
What is a riparian margin?
RPS:
Riparian: Any land that adjoins or directly influences or is influenced by, a water body

11. Objective O44 The adverse effects on soil and water from land use activities are minimised. Objective O45 The adverse effects of livestock access on surface water bodies are reduced.

12. Policy P72: Zone of reasonable mixing
Policies:
Policy P72: Zone of reasonable mixing
Area near discharge point where water quality limits not met – to be as small as possible, and consider adverse effects of and within the zone
Policy P99: Livestock access to surface water bodies
Manage stock access to protect aquatic habitat, water quality and Category 1 water bodies, and avoid remedy or mitigate adverse effects
Policy P100: Riparian margins for cultivation and break- feeding
Use riparian set-backs to minimise contaminants entering water from these land uses
Policy P101: Management of riparian margins
Encourage good management of riparian margins

13. Category 1 surface water bodies
Schedule A (outstanding water bodies)
Schedule C (mana whenua)
Schedule F1b (inanga spawning habitats)
Schedule F2a (habitats for indigenous birds in rivers)
Schedule F3 (significant natural wetlands)
Schedule F4 (coastal sites) - estuaries only
within 1km upstream of a surface water abstraction site for a community drinking water supply

14. Category 2 surface water body
estuaries other than those identified in Schedule F4 (coastal sites)
within the lowland areas (Map 29):
rivers that have an active bed width of 1m or wider,
drains greater than 1m wide
water races
rivers and streams in Schedule I (trout habitat)
natural lakes

15. Rules Rule R94 Cultivation or tilling of land – permitted activity
Rule R95 Break-feeding – permitted activity
s9, s13, s15
Setbacks from a surface water body
Limits on water quality effects
Rule R96 Cultivation and break-feeding - discretionary activity

16. Rule R97 Access to the beds of surface water bodies by livestock – permitted activity
s12, s13, s15
Livestock to be excluded from Category 1 by (except sheep in a significant wetland)
Limits on access and effects in Category 2 and other rivers >1m wide from 2022
In all other water bodies and CMA (and everywhere until i and ii take effect), access allowed with limits on effects
Rule R98 Livestock access to the beds of surface water bodies – discretionary activity

17. National Regulations – stock exclusion
RMA 2017 amendments enable regulations Regional plan rules can be more stringent than regulations. Regulations may require a council to withdraw or amend plan rules that are inconsistent with them. Regulations being developed. Draft proposal required excluding dairy cattle (on milking platforms) and pigs from water bodies by 1 July 2017, and other stock types at later dates. This date has passed without the regulation being made, expected in early 2018.

18. Maps
Map 1 Schedule A Maps 3-7 Schedule C Maps 13a -18 Schedule F Map 28 Water races Map 29 Lowland areas for Category 2 All Maps are indicative only – complete information on GIS on GW website

19. Method M12: Sustainable land management practices
Other Methods
Method M12: Sustainable land management practices
promoting good management practices
working with affected landowners of Category 1 surface water bodies and Category 2 surface water bodies
developing, and providing assistance with costs and labour for implementation of, riparian management plans, riparian and wetland fencing, planting and pest control.