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outstanding wildlife habitat for wading birds, its
trout and salmon fisheries and as an example of a
braided river. The Motu WCO determined that the
river should be preserved in its natural state.
Major environmental law reform in 1991 led
to the passing of the Resource Management Act
(RMA), replacing the main water and land laws
of the time - the Water and Soil Conservation
Act 1967, the Town and Country Planning Act
1953 and the Soil Conservation and Rivers Control
Act 1941. The RMA was innovative, effects-based
legislation and involved structural changes in land
and resource management. Water management
became the responsibility of elected, catchment
based,
margins. Gravel extraction from river beds began
to involve consideration of environmental effects,
the sustainability of gravel resources and the rate
of replenishment. As a result the locations of gravel
takes often became limited to areas away from
their traditional location - the wet beds of rivers.
Rules in regional water plans were introduced to
control stock damage to river banks in a number
of cases (Otago Regional Council, 2004) and
riparian fencing was encouraged as 'best practice' in
intensively grazed areas (Otago Regional Council,
1996). Overall channel management improved
progressively although active river or stream
restoration projects were usually limited to the
more modified urban waterways.
While the quality of riparian management
improved in the 1990s and beyond to 2000,
the fencing of stock from waterways was often
minimalistic. Fencing was commonly constructed
only a short distance back from the water's edge,
rather than providing riparian areas sufficient to
buffer rivers from the effects of adjacent land use.
Many of New Zealand's rivers have adjacent
public riparian reserves with one estimate as high
as 70% (Public Access New Zealand, 1992). These
strips of public land were originally established
to provide public access (Hayes, 2008) but recent
legislation has introduced a focus on conservation.
Riparian reserves under three Acts (the RMA,
Conservation Act and Local Government Act) are
commonly 20 m wide but they are not actively
brought into play in river management, even
though in two cases out of three their statutory
purpose is primarily environmental. For example,
the statutory purpose of RMA Esplanade Reserves
is maintaining or enhancing water quality, aquatic
habitats and the natural functioning of adjacent
waters,
Regional
Councils,
and
land
use
was
controlled by District Councils.
Regional Councils had planning and
administrative responsibility for the 'integrated
management of natural and physical resources'
within their respective regions through Regional
Policy Statements and Regional Plans. In addition,
their functions included, in the RMA's section 30,
control of land use for the purpose of maintaining
water quality.
There was a widespread view that river
management would improve under the new
RMA policy and planning regime. Some argued
that Water Conservation Orders were no longer
necessary but the WCO provisions were retained
in the Act because of public opposition to their
removal.
Changes in river management
since 1990
Approaches to river channel management
improved markedly after the introduction of
the RMA because Regional Council river works,
affecting river beds and banks, were more
tightly controlled through the requirement
for resource consents including environmental
impact assessments. Flood control and drainage
activities
as
well
as
enabling
public
access
and
recreation.
Riparian planting has been left largely to
conservation or landcare groups and little provision
has been made to actively manage vegetation in
riparian zones. Where riparian fencing does occur,
uncontrolled plant growth can limit public access
and reduce amenity values. This aspect of river
management is still not seen as a mainstream
regional council activity except when vegetation
started
to
be
implemented
in
a
more
environmentally
sensitive
manner
but
rarely
involved
enhancement
of
the
natural
characteristics
of
river
channels
or
riparian
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