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Press, 15 October 1986, Page 57

Public Notices Public Notices DECLARATION OF RESULT OF ELECTION AKAROA COUNTY COUNCIL I HEREBY declare the result of the election taken on the 11th day of October 1986 for the election of 1 member of the Le Bons Bay Riding to be as follows: Candidates Votes Received GRIGG, Robyn 63 THELNING, Lemuel Alfred Oscar 35 I therefore declare the said Robyn GRIGG to be elected. Dated at Duvauchelle this Uth day of October, 1986. L. W. M. GRAHAM, Returning Officer. DECLARATION OF RESULT OF ELECTION AKAROA COUNTY COUNCILj HEREBY declare the result of the election taken on the Uth day of October, 1986 for the election of seven members of the Akaroa Community Council. Candidates Votes Received ASHWORTH, Joseph William 218 BAYNON, Linda 246 BINGHAM, Durelle Agnes 297 BROWN, Murray Frederick 302 CORBOY, John Patrick 305 LITTLE, Brian John 338 WOODS, Marlene Tira 319 WRIGHT, Donald Edward 252 I therefore declare the said Linda BAYNON, Durelle Agnes BINGHAM, Murray Frederick BROWN, John Patrick CORBOY, Brian John LITTLE, Marlene Tira WOODS, and Donald Edward WRIGHT to be elected. Dated at Duvauchelle this 11th day of October, 1986. L. W. M. GRAHAM, Returning Officer.

DRAFT WAIRAU RIVER LOCAL WATER CONSERVATION NOTICE 1986 THE MARLBOROUGH CATCHMENT AND REGIONAL WATER BOARD at its meeting on October 9,1986, received the report of the Special Tribunal which it appointed to consider or hear the application by the Marlborough Acclimatisation Society and the Council of South Island Acclimatisation Societies and submissions and objections thereto. The Board resolved to adopt the Special Tribunal’s recommendations. Accordingly, pursuant to Section 20F(8) of the Water and Soil Conservation Act 1967, the Marlborough Catchment and Regional Water Board herewith publicly notifies that it has declined that part of the application concerning the lower stem of the Wairau River downstream of the Goulter River confluence, and the Branch River upstream of the hydroelectric intake and Fuchsia Creek, and has prepared the following draft local water conservation notice for the upper reaches of the Wairau River and its tributaries as follows:— NOTICE DRAFT - WAIRAU RIVER LOCAL WATER CONSERVATION NOTICE 1986 1. TITLE AND COMMENCEMENT (1) This notice may be cited as the Wairau River local water conservation notice 1986. (2) This notice shall come into force on the 14th day after the date of its notification in the Gazette. 2. INTEPRETATION In this notice, unless the context otherwise requires: (a) “Act” means the Water and Soil Conservation Act 1967. (b) “The Protected Waters” means — The Wairau River upstream of Map Reference N2B 51670 North and 28600 East (approximately 150 metres downstream of the Goulter River Confluence) and all tributary rivers, streams and lakes contributing water thereto - but excluding the Branch River upstream of the hydro-electric scheme weir Intake and excluding Fuchsia Creek. (c) “Normal river flow” means the flow which occurs at times when the river is not in fresh or flood. (d) “Dally mean rate of flow” means the average rate of flow in cubic metres per second during any day. 3. CHARACTERISTICS AND FEATURES TO BE PROTECTED It is hereby declared that the “Protected Waters” include and provide for regionally Important characteristics, features, amenities and needs being:— (a) The brown trout fishing and angling features. (b) The wild and scenic characteristics. (c) The recreational features and amenities afforded by natural water, as water snow and ice. (d) The wildlife and aquatic habitats. (e) The water resources which are vital to the needs of primary and secondary industry and of the comihunity. 4. PRESERVATION OF RIVERS, STREAMS AND LAKES IN NATURAL STATE Because of the characteristics and features specified in clause 3 of this Notice, the rivers streams and lakes comprising the “Protected Waters” shall be preserved as far as possible in their natural state of quantity, rate of flow, or level, EXCEPT THAT the Marlborough Regional Water Board may grant such water rights and make such general authorisations as are authorised to be made or granted under the provisions of clause 6 of this Notice. 5. RIGHT TO DAM NOT TO BE GRANTED Except as authorised under sub clause 6 (3) of this Notice, a right to dam under Section 21 of the Act shall not be granted. 6. WATER RIGHTS AND GENERAL AUTHORISATIONS (1) Subject to the provisions of sub clause 2 and the exemptions in sub clause 3 of this clause, the Regional Water Board may not grant any water right pursuant to Section 21 of the Act and may not make any general authorisation pursuant to Section 22 of the Act in respect to the protected waters where the effect of such water rights or geiieral authorisations would be contrary to the intent of Section 21(3G) and 21(3F) of the Act. (2) Water Rights may be granted pursuant to Section 21(3F) and Section 21 (3G) of the Act and general authorisations may be made pursuant to Section 22 in respect of the Protected Waters or parts thereof for all of the following purposes, PROVIDED such water rights and general authorisations shall not adversely prejudice the intent of this Notice. (I) For the replacement of existing water rights, which for the avoidance of doubt are hereby declared to be not prohibited. (II) For the taking of water, in addition to (i) above, associated with agricultural, horticultural or recreational activities or minor irrigation PROVIDED that the combined quantity of water taken from the Protected Waters does not exceed 300 litres per second. (Hi) For the taking and use of water for the purposes of making snow, minor diversions and the use of water generally associated with the development and operation of skifield facilities based on the Six Mile Creek basin. (iv) For the carrying out of activities associated with the maintenance, protection and construction of access ways, roads, bridges, electricity pylons, and the obtaining of access across rivers and streams by culverts or fords PROVIDED that such culverts or fords shall not permanently impede the passage of fish unless so authorised by an approval under the Freshwater Fisheries Regulations 1983. (vj For the extraction of gravel and aggregates from the bed or flood plain of the “Protected Waters.” (vi) For water resources surveys undertaken pursuant to the Act, and for activities undertaken for flood, erosion and river control purposes pursuant to the Soil Conservation and Rivers Control Act 1941. (vii) For activities associated with the research into, and the management or enhancment of fisheries or wild life habitats or other amenities protected by this Notice or for the development and operation of recreational facilities and amenities. (3) Water Rights may be granted for the purposes of enabling the Marlborough Electric Power Board to dam the Wairau River and to construct and operate a hydro-electric power scheme with works commencing Ikm upstream of the Six Mile Stream confluence and extending downstream to the tailrace discharge to the Wairau River in the vicinity of the No Catchment Stream confluence PROVIDED that — (I) No right shall be granted to dam the Wairau River or to take water from the Wairau River and the Six Mile Stream for the purposes of electric power generation. UNLESS adequate provision is made for the passage of brown trout in either direction between the intake and tailrace discharge, subject to approvals and directions pursuant to the “Freshwater Fisheries Regulations 1983, Part IV, Fish Passage, and UNLESS — for all operating modes of the spillway control gates fish passage is retained, and the natural water quality and regime of the river channel shall not be substantially changed so as to prevent or make fish passage difficult or unlikely, or to adversely affect the fish habitat. (II) No water right shall be granted to provide for a residual flow in the river downstream of the intake which permits a measurable rate of flow In the river at any point at any time of less than 3 cubic metres per second PROVIDED that pursuant to an approval under the “Freshwater Fisheries Regulations 1983, Part IV Fish Passage,” and also with the approval of the Marlborough Acclimatisation Society and the Marlborough Regional Water Board, a water right may be granted to permit another regime of residual flow which may allow for a lower minimum residual flow during all or part of the year PROVIDED that the daily mean rate of flow shall not be less than 3 cubic metres per second. (iii) No water right shall be granted for the discharge of tail race water into the Wairau River unless the discharge can be regulated to ensure that during periods of normal river flow during any day in any part of the river upstream of the Branch River confluence the effect of the discharge shall not cause the measurable flow in the river to fluctuate from the natural daily mean rate of flow by more than plus or minus 15 per cent of the amount by which the natural daily mean rate of flow exceeds 3 cubic metres per second. (iv) No water right shall be granted pursuant to Section 21(3G) of the Act in connection with the construction of any part of the hydro-electric scheme. UNLESS — approval of any works in the river or in any tributary has been obtained pursuant to the “Freshwater Fisheries Regulations 1983 and UNLESS - the effect of the works shall not adversely prejudice the intent of this Notice in the long term. The Board advises that in accordance with Section 20G of the Act, the applicant and every body or person which or who made submissions on or objected to the application or which or who may be affected by the draft notice may within 28 days of October 14, being the date of this notification, appeal to the Planning Tribunal against the draft notice or any part of it, or against the Board’s decision to decline part of the application, or against the Board’s decision to recover the costs of determining the application that are in excess of $12,000, equally from the applicant and the Marlborough Electric Power Board. Copies of the report of the Special Tribunal are available from the Board’s Office at 31 Parker Street, Blenheim, at a cost of $l2 per copy. .. I. B. MITCHELL, ’’ “ ' , General Manager.