Plan Change 5

Plan Change 5 to the Regional Coastal Plan

Plan Change 5 centres around Section 16 - Surface water activities on the internal waters of Fiordland from Yates Point to Puysegur Point of the Regional Coastal Plan for Southland.

Environment Southland is seeking to tackle pressures on the area by putting in place rules to control increases in commercial activities and to strengthen other measures aimed at protecting the area and the wildlife. Measures include halting the granting of new or additional consents in the area.

The increasing pressure these activities were placing on Fiordland were raised with Environment Southland via their partners. In response, the Council commissioned a report into the impact that increase was having on the area. The conclusion of that report showed that, if unchecked, the continuous increase in commercial activity could have a negative impact on the natural and wilderness values of Fiordland.

Some impacts identified relate to seeing other boats, more boats present in the more remote fiords and staying for longer, increased use of aircraft for access to boats, crowding on moorings and anchorages, and a potential loss of boatie etiquette on the water.

Summary of the proposed changes

A summary of the proposed changes is included in the table below:

Clause	Proposed Change	Purpose and impact
Add Policy 16.2.2	Avoid adverse effects on nationally and regionally significant values	Use of the phrase “avoid” sets a high bar of protection for these values.
	16.2.2 (b)	Specifically directs that new consents will not be granted where any adverse effects on those values.
	An “end-date”	Enabling ongoing discussion of this matter through the remainder of the Regional Coastal Plan review.
Add Policy 16.2.3	Avoid or mitigate adverse effects on marine mammals	Provides additional protection for marine mammals including significant habitat areas for the endangered bottlenose dolphin.
Delete Policy 16.2.4	Deletion	Removes “no limits on the SWA in Milford Sound/Piopiotahi” as the new policies conflict with this.
Amend Policy 16.2.6	Insertion of “including the use of dual place names”	Clarifies an existing policy which calls for “fiords correctly referred to”.
Amend Policy 16.2.8 to 16.2.7	“Manage adverse effects of commercial SWA in Fiordland”	Specifically provides protection for remote and wilderness values whilst maintaining recreational activities.
Add Policy 16.2.8	“Impacts on wilderness and remoteness values”	Direction for consent applicants and processing officers of the specific matters that require recognition when considering impacts of activities on wilderness and remoteness values.
Amend Policy 16.2.11	Additional consideration of adverse effects on the National Park	Must “have regard to the Fiordland National Park Management Plan”.
Add Policy 16.2.15	Consent term direction	To provide guidance for staff and applicants to ensure consent terms reflect specific nature of the proposed activity and its effects.
Rule 16.2.1	Increased strengthening of the consent requirements	Inserts a non-complying activity status for more remote areas and aims to ensure no further intensification of SWA.

During the submissions period Environment Southland received a request for further information concerning vessels, trips and passenger numbers in Fiordland.

Response: Please see copy of list of current resource consents by following this link. Also, see copy of Commercial Surface Water Activity Vessels Operating in Fiordland (2023) by following this link.

Next steps

The appeals period through the Environment Court closed 26 January 2024 and no submissions were received. Council has moved to adopt the changes to the Coastal Plan, which are with the Minister of Conservation to be signed off. There is currently no time frame in which this shall be completed.

Public notification

Plan Change 5 was publicly notified on 18 July 2022.

The initial submission period commenced on 18 July 2022 and closed on Monday 29 August 2022.

Submissions

Submissions received

Further submissions

Hearing

9 October - Hearing Panel - Report and Recommendations

28 July 2023 – Council’s Reporting Officer right of reply

PC5 – Council Right of Reply Report

Appendix A Commercial Surface Water Activity Vessels Operating throughout Fiordland – 29 June 2023

Appendix A Commercial Surface Water Activity Vessels Operating in Doubtful Sound – 29 June 2023

Appendix B 2023 07 07 Further technical comment PC5 marine noise

Appendix C Booth Response to Hearing Panel about social carrying capacity

Amendments Post Hearing 27 July 2023

17 July 2023 – The Hearing Panel has issued Minute 3 - to inform the parties of the Panel’s decision regarding Real NZ’s offer to the Panel to undertake a multi-night site visit aboard one of its vessels into Tāmatea/Dusky Sound and Pātea/Doubtful Sound in August.

7 July 2023 – Further comment/information provided to the Panel

Response to Minute 2 – Fiordland Marine Guardians – 7 July 2023

Response to Minute 2 – Te Ao Marama Inc – Dean Whaanga – 6 July 2023

30 June 2023 - The Hearing Panel has issued Minute 2 – timeframes for the provision of further information requested at the hearing

16 June 2023 - The Indicative Hearing Schedule:

Plan Change 5 - Indicative Timetable for the hearing on 26 & 27 June 2023

9 June 2023 - Submitter’s Statement of Evidence –