Hi
For those who have an interest in the Dunedin district, they currently have a new bylaw under review that will prohibit camping or new dredging or mining of any kind in their controlled area that includes the Deep Stream catchment and Silverstream. Submissions can be made online through the link below and are due by 2 April.
Thanks Darryl. The battle just never ends does it!
Post deleted by author for personal reasons.
JW
JW,
I would suggest that you make a submission that states-
Power & Control, John. These dipshits will do anything to justify âtheir salariesâ
Just submitted the form while sipping a cup of Dunedins finest tap water. It doesnât taste like tailings, so keep digging!
Email received today:
Thank you very much for your submission on the Dunedin City Councilâs proposed Water Supply Bylaw 2026.
With regard to your concerns around access to Te Papanui Conservation Park, I just wanted you to let you know that we made an error in the mapping that was included in the public consultation material which mistakenly included the Department of Conservation land in the Te Papanui Conservation Park. We apologise for this, and the confusion this may have caused. The controlled classification only refers to the DCC owned land in the catchment (not the Conservation Park) which is the same as in the Water Bylaw 2011, and our map on the DCC consultation page now shows the correct area that the controlled classification refers to. There isnât any change to public access to Te Papanui Conservation Park
The updated map can be seen here at this link: Draft Proposed Water Supply Bylaw 2026 - Dunedin City Council
Water supply catchments (clauses 4.10-4.15)
1.1 We acknowledge the Councilâs intent to protect drinking water sources through the classification of water supply catchments as open, restricted, or controlled. However, we seek clarification on the scope and legal application of these provisions.
1.2 The relevant legislation does not appear to provide the Council with authority to impose land use controls on land it does not own or manage i.e Te Papanui Conservation Park, administered by the Department of Conservation. As drafted, the provisions could be interpreted as applying more broadly, creating uncertainty for landowners and potentially exceeding the Councilâs legal bylaw-making powers. We therefore request that the Bylaw explicitly state that catchment classifications apply only to Council-owned land (and any mapping be corrected accordingly).
1.3 In addition, we question the inclusion of restrictions on âundertaking any new activity related to dredging or mining of any kindâ within clauses 4.11â4.13, including non-mechanised methods such as panning, high-banking, sniping or detecting.
1.4 Hobby gold mining is part of Otagoâs historical fabric and should be enabled where reasonable. Dredging and mining activities are already comprehensively regulated under the Resource Management Act 1991 (RMA), including through regional and district plans. These frameworks are specifically designed to assess and manage environmental effects, including those on water quality. Further, the Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007 establish clear requirements for Councils establishing rules and granting consents to manage risks to drinking water sources.
1.5 Fuel storage and refuelling is carefully managed either through consent conditions or through Regional Plan:Water Rule 13.5.1.7. There is negligible risk to fuel loss within the catchment. In relation to the risk of contamination by hobby miners and toileting, this can be easily managed as part of any access agreement.
1.6 Sediment remobilised through hobby dredging will mostly fall out of the water column within 20m of the dredge, with only the finest sediment fractions remaining beyond 50m. There is no risk to the City water supply by the short-term and localised disturbance of the riverbed as part of hobby dredging. In the worst case scenario, during a high rain event the entire watercourse will be compromised by mobilised and Councilâs treatment facilities are designed to manage entrained sediments in water.
1.7 In this context, singling out dredging and mining within the proposed Bylaw appears inconsistent, particularly when many other activities governed under the RMA have comparable or greater potential to affect water quality. The selective inclusion of these activitiesâ risks creating duplication, regulatory inconsistency, and unnecessary complexity.
1.8 We note the absence of any other limitations that may affect water quality in a far greater manner than the mobilisation of natural river sediments from dredging. There is no controls applied to pest poisoning within the catchment, the aerial application of fertiliser, herbicides or pesticides where spray-drift may occur. The use of foams in fire-fighting responses has also been ignored as a risk to water quality in the catchment, despite containing âforeverâ chemicals, hydrocarbon surfactants and solvents. Despite the recent removal of some toxic compounds, the use of fire-fighting foams for aerial application are still considered a Class 9 hazardous substance. As recently as November 2019, aerial firefighting foams where used in the Deep Creek catchment closing the water supply take for some time. The application of these chemicals to the catchment is a risk many orders of magnitude greater than hobby mining to the water supply, yet only hobby mining is identified for control. This is illogical.
1.9 We consider that the proposed provisions may:
a) Duplicate existing statutory controls;
b) Create potential conflicts with RMA-based consenting processes;
c) Introduce uncertainty for resource users and decision-makers.
1.10 If the Councilâs intent is to manage risks to drinking water sources, a more appropriate approach would be to rely on, and where necessary advocate for, robust implementation of existing RMA mechanisms rather than introducing overlapping Bylaw controls.
Recommendation 1
We request that:
The Bylaw be amended to clarify that catchment classifications apply only to Council-owned land; and
The associated mapping of catchments apply only to Council-owned land;
All references to dredging and mining activities in clauses 4.11â4.13 be removed.
Address the application of hazardous substances into the catchment rather than targeting hobby mining.
Alternatively, if the Council considers additional controls necessary, it should clearly justify why existing RMA and national environmental standard frameworks are insufficient, and ensure any additional provisions are effects-based, consistent, and legally robust.
