B-5 – Area 5 - Assessment of Environmental Effects 160 7.6.1.1 National Directions Objective 3.A.1 of the WRP reflects the directions set out in clause 3.26(1) of the NPSFM. Specifically, it seeks to ensure fish passage is maintained or improved by instream structures, except where it is desirable to prevent fish passage in order to protect specific fish species, their life stages, or their habitats. As described in Sections 3.2.3 and 5.14 of this AEE, the preliminary designs for all instream structures will not hinder continued fish passage as appropriate for the species present within the relevant waterbody. Conditions of consent will ensure these key design requirements carry through into detailed design. Policy 3.A.2 builds on Policy 6 of the NPSFM and was addressed above in Section 7.4.1.2 when discussing Policy 6. It seeks to avoid the loss of extent of natural inland wetlands, promote their values and promote their restoration. As noted in Boffa Miskell (2022a), the activities within Area 5 will not result in the loss of natural wetland extent and will protect the values of the Gladstone Wetland. Policy 3.A.3 builds on Policy 7 of the NPSFM and was addressed above in Section 7.4.1.3 when discussing Policy 7. Collectively, they seek to avoid the loss of river extent and values unless the council is satisfied that: that there is a functional need for the activity in that location;86 and the effects of the activity are managed by applying the effects management hierarchy.87 As discussed with respect to Policy 7 of the NPSFM, the functional requirements of the GOP mean that it cannot feasibly avoid a loss of river extent or values. Working through the effects management hierarchy described in the NPSFM, the proposed offsetting of unnamed tributary reclamation (an approximately 70 m reach) will result in an overall improvement in the quality and values associated within the remaining tributaries of the Ohinemuri River. The proposed reclamation therefore meets both limbs of this policy. Policies A4 and B7 of the National Policy Statement 2014 were inserted into the WRP in August 2015. Despite a new NPSFM being released in 2020, the 2014 policies remain in the WRP. When considering any application for a discharge, Policy A4 requires the consent authority to have regard to: 86 Policy 3.A.3(a), Waikato Regional Plan. 87 Policy 3.A.3(b), Waikato Regional Plan; For the purposes of this policy, functional need, effects management hierarchy and loss of value have the same meaning given by the National Policy Statement for Freshwater Management 2020.
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