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Water permits within the Heretaunga Plains Groundwater Quantity Area are part of a large group of replacement consents affected by the TANK Plan Change (Plan Change 9).
The Tūtaekuri, Ahuriri, Ngaruroro and Karamū (TANK) Plan Change decision was released in September 2022 and introduces new provisions to manage water allocation from this area. This decision establishes that the Heretaunga Plains Aquifer is to be managed as an over-allocated resource.
To reduce this overallocation, when assessing applications to replace existing water take consents, the Hawke’s Bay Regional Council must now consider Actual and Reasonable Use (ARU).
‘Actual and Reasonable’ use is a test brought in by the TANK plan change. It will be used to determine how much water can be re-allocated to you.
Actual and Reasonable Use:
In practice, this approach seeks to reduce the water that has previously been allocated to consent holders, but which has not been used within any water year during the reference period of May 2010 to May 2020. This will mean that many consent holders will not be re-allocated the same volume of water they have been in previous consents.
Hawke's Bay Regional Council sent out provisional estimates of each applicant's Actual and Reasonable Use in December 2023. Many of the applicants who have responded to these letters have let us know they do not accept these estimates and they are usually seeking more water than their estimated ARU. This is due to there being insufficient water meter data and/or increased water demands during development phases and crop rotation.
Many applicants have asked for more guidance on what information they can provide to support their applications for annual volumes that exceed the Council's initial estimate. This information is provided below, along with some examples.
The TANK Plan Change sets out two pathways for replacement consent applications for the taking and use of groundwater in the Heretaunga Plains Groundwater Area:
POL TANK 34 sets out how consent applications for Heretaunga Plains groundwater will be considered. The steps include:
Any allocation of water beyond ARU is considered to exacerbate the overallocation of the Heretaunga Plains Aquifer and may be more difficult to gain consent for.
If you are wanting to supply more information, please use the form on this page.
Please contact us by emailing at waterpermits@hbrc.govt.nz if you wish to make any changes to your application or have any other questions.
I have now received the provisional estimate of my actual and reasonable water use, what do I do?
Let us know that you accept this volume and your consent will continue to be processed under TANK Rule 8.
New consents will be processed on a non-notified basis and are likely to be granted for a duration of up to 10 years. Consents issued before any appeals to the TANK Plan Change are decided will give more certainty of the volume of water allocated for the duration of the new consent.
Conditions of consent will be included that:
TANK includes the following guidance about what information can be provided in support of an application for more water than what has been assessed as ARU.
Information that may be required to support increases in water use at rates or amounts greater than historic levels of water use as defined by Actual and Reasonable use, include:
In order to show that there is insufficient data, the Council will be looking for information on the areas and crop types that were irrigated (or areas that were out of production) during the time when data is available compared to the areas and crops irrigated when data is not available.
The Council will take into account that 2019/2020 was a comparably dry year.
The applicant must demonstrate how a year without water use data would have been higher than a year for which there is data. This information might include planting records, aerial photos, production records etc. The more information you can provide the better.
| Example | Applicable Rule | |
| A water meter was installed in 2014. The maximum recorded use is in 2019/2020. The applicant provides evidence/records that at this time there was an area of the orchard that had been removed and can show that in 2012/13, prior to a water meter being installed, and also a dry year, that the full orchard was in place. | 8 | An example of insufficient data, can be accounted for within Actual and Reasonable and remain within Rule 8. |
| A consent has a minimum flow and was on ban during 2012/2013 and 2019/2020 meaning that all of the water needed could not be taken. | 8 | An example of insufficient data, can be accounted for within Actual and Reasonable and remain within Rule 8. This would involve looking at the pattern of use leading into the ban period, the modelled/expected use for the irrigated crop type and area and the length of ban periods over which water could not be taken. |
Information on crop rotation/development phases could be provided to show the pattern of cropping across the 2010-2020 period, or evidence of factors that may have reduced actual use. This might include planting or production records to provide evidence of the different crops grown and when they were grown, evidence of young trees/vines being in place (or out of production) for any year which could have reduced the recorded water use.
The more information you can provide the better.
| Example | Applicable Rule | |
| There is meter data for an orchard from 2016. Maximum use is recorded in 2019/2020. Development of the orchard meant that 20% of the orchard was in young trees in 2019/2020. The lower water demand of young trees is a crop development phase that can be accounted for. | 8 | The increased need for water for older trees could be used to adjust the ARU volume, provided evidence is provided to support this. |
| An orchard is purchased in 2016, and there is no water meter data preceding this. The old trees are removed, and new varieties planted in 2017 and 2018. A new well and irrigation infrastructure has been developed. In 2019/2020 the trees were small, and the water use recorded does not reflect what is required with mature trees. The new owner has spent significant capital redeveloping the block, during the reference period. | 8 | This is part of typical crop rotation/development for orchards and water should be allocated based on Irricalc for the planted orchard area as of 2 May 2020. |
| As above, but redevelopment took place after 2 May 2020 | 10 | Consideration for additional water for the rootstock shown to be ordered as of 2 May 2020. Otherwise, additional water should not be allocated based on development occurring after the reference period. |
| A cropping property changed ownership in 2021. Low water use crops were irrigated sporadically over the reference period between May 2010 and May 2020 and recorded water use is relatively low. The new owner is planting high water demanding crops and will use more water. This planting will occur after 2020. | 10 | There was no rotation of this nature during the reference period. The volume allocated should be based on what was used, or if there is proven to be insufficient data, on what was in place over the reference period. |
| An old orchard is in place and the well on the orchard has been tamper tagged/sealed. No water use has occurred over the reference period. The owner wishes to lease the orchard to a new party who will remove the trees and replant with a new system and tree variety in winter 2024. | 10 | This is not a crop rotation or development phase that occurred during the reference period. It would fall to be assessed under Rule 10 and POL 34 and it may be difficult to achieve water being allocated because water is not required for the crop type/area/system grown over the reference period. |
Information to support increases in water use for programmed and staged development could include information of the area of land and crop type planted and irrigated as of 2 May 2020 compared to the areas subsequently planted and the crop type, bearing in mind the date that rootstock were ordered. It could also include information outlining what measures or steps were taken towards giving full effect to the development that were in place prior to 2 May 2020.
| Example | Applicable Rule | |
| A consent for a property authorises irrigation of 50 ha of grapes. As of 2 May 2020 only 30 ha is planted. The applicant plans to complete planting over the over the 2023/2024 season and orders rootstock in 2021. They apply for retention of the full allocation based on the consented area. | 10 | Outside of Rule 8 as not Actual and Reasonable. Discretionary Activity under Rule 10, but may not meet requirements of POL 34. Allocation will be based on what is planted as at 2 May 2020. |
| As above, but evidence provided that rootstock has been ordered before 2 May 2020. | 10 | Outside of Rule 8 as not Actual and Reasonable. Discretionary Activity under Rule 10. Additional water could be considered for the area planted and for which rootstock orders had been made under POL 34. |
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