lucky me

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hey guys

i have to be one of the luckiest people around. we own part of a river and a ten ton digger that i can use. basically i can construct any play feature i want. the river is fairly low flow but when it floods its huge. it's between mountainous and flat terrain with rapids all over.
i have recently got into kayaking so havent started doing anything yet. any suggestions on what i should make.(eg the best way to make a good wave) i would prefer not to do anything too major but to make something to improve my playboating on.

thanks.

john5's picture

yeah matts got the right idea. that is all im gonna do its not going to start some natural disaster. it will be there for a few days until the next flood comes along and takes it all away.

matt12's picture

I ahd the same problem as you did, we tryed to make a little something on the Mohaka (with council consent). all we did was get a few bigish rocks throw them in and see what it made, then we moved them around till it looked nice and left. we did narrow up the river a bit - Toby has the right idea. but be prepared in flood it will move.
Good luck
Matt

kayneo's picture

Seems to me. That we all get up in arms over proposed changes to a river when the proposed change is not in our favour. But then when it suits all of a sudden its a different story.

What I want to know is if the stream is a natural waterway or has been diverted at any stage??? If the waterway is of natural origin I would be very careful on how you alter anything on, around or connected to the riverbed. If its a manmade diversion its not so bad. I attach some information for you. This is from the RMA (Its there for us in the long run!!!!) Check out the penalties before you start chucking things in the river or moving rocks around.

RESOURCE MANAGEMENT ACT 1991
PART 3 - DUTIES AND RESTRICTIONS UNDER THIS ACT
River and lake beds

13.Restriction on certain uses of beds of lakes and riversó
[(1)No person may, in relation to the bed of any lake or river,ó

(a)Use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or

(b)Excavate, drill, tunnel, or otherwise disturb the bed; or

(c)Introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; or

(d)Deposit any substance in, on, or under the bed; or

(e)Reclaim or drain the bedó

unless expressly allowed by a rule in a regional plan and in any relevant proposed regional plan or a resource consent.]

(2)No person mayó

(a)Enter or pass across the bed of any river or lake; or

(b)Disturb, remove, damage, or destroy any plant or part of any plant (whether exotic or indigenous) or the habitats of any such plants or of animals in, on, or under the bed of any lake or riveró

in a manner that contravenes a rule in a regional plan or proposed regional plan unless that activity isó

(c)Expressly allowed by a resource consent granted by the regional council responsible for the plan; or

(d)Allowed by section 20 (certain existing lawful uses allowed).

(3)This section does not apply to any use of land in the coastal marine area.

(4)Nothing in this section limits section 9.

RESOURCE MANAGEMENT ACT 1991
PART 3 - DUTIES AND RESTRICTIONS UNDER THIS ACT
Land

9.Restrictions on use of landó

(1)No person may use any land in a manner that contravenes a rule in a district plan or proposed district plan unless the activity isó

(a)Expressly allowed by a resource consent granted by the territorial authority responsible for the plan; or

(b)An existing use allowed by [section 10 or section 10A].

(2)No person may contravene [section 176 or section 178 or section 193 or section 194 (which relate to designations and heritage orders)] unless the prior written consent of the requiring authority concerned is obtained.

(3)No person may use any land in a manner that contravenes a rule in a regional plan or a proposed regional plan unless that activity isó

(a)Expressly allowed by a resource consent granted by the regional council responsible for the plan; or

(b)Allowed by section 20 (certain existing lawful uses allowed).

(4)In this section, the word ``use'' in relation to any land meansó

(a)Any use, erection, reconstruction, placement, alteration, extension, removal, or demolition of any structure or part of any structure in, on, under, or over the land; or

(b)Any excavation, drilling, tunnelling, or other disturbance of the land; or

(c)Any destruction of, damage to, or disturbance of, the habitats of plants or animals in, on, or under the land; or

(d)Any deposit of any substance in, on, or under the land; or

[(da)Any entry on to, or passing across, the surface of water in any lake or river; or]

(e)Any other use of landó and ``may use'' has a corresponding meaning.

(5)In subsection (1), ``land'' includes the surface of water in any lake or river.

(6)Subsection (3) does not apply to the bed of any lake or river.

(7)This section does not apply to any use of the coastal marine area.

[(8)The application of this section to overflying by aircraft shall be limited to any noise emission controls that may be prescribed by a territorial authority in relation to the use of airports.]

RESOURCE MANAGEMENT ACT 1991
PART 12 - DECLARATIONS, ENFORCEMENT, AND ANCILLARY POWERS
Offences
339.Penaltiesó

(1)Every person who commits an offence against section 338(1) [or (1A) or (1B)] is liable on . . . conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $200,000, and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues.

(2)Every person who commits an offence against section 338(2) is liable on summary conviction to a fine not exceeding $10,000, and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

(3)Every person who commits an offence against section 338(3) is liable on summary conviction to a fine not exceeding $1,500.

[(4)A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002, with all necessary modifications, apply accordingly.]

(5)Where a person is convicted of an offence against section 338, the Court may, instead of or in addition to imposing a fine or a term of imprisonment, make any or all of the orders specified in section 314.

(6)The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence.

john5's picture

yeah dans right its not huge but in a flood gets huge.

dan4's picture

hey thanks

the river is definately a river, big enough when narrow to get quite fast. thinking about using a small log to make a bit of a drop.

toby0's picture

dam up each side of the river where theres a bit of gradient, funnel it through a shoot and see what you can come up with, @!#$ if you want a hand give us a weekend and me and a few mates will be there. Afterall Nzers are known for there inginuity, I bet with a bit of time we could come up with something kick arse. The consequences of this will probly be a bit of brown water down stream for a while nothing a flood wouldnt do. How much water are you dealing with is the main question?

john5's picture

whoa, slow down guys.
im not diverting the river or causing any change in its overall direction/flow. im just thinking of chuckin a few big boulders into the river to make something to play on. i just wanted to know how to arrange the rocks to make the best kind of hole/wave.

tim0's picture

However lucky me is not doing it for profit, unlike the developers you go on about Nathan.

nathan's picture

Hey I agree, plenty of rivers have been damaged by developers to the loss of the paddling and general community. Agree with point about scale of effects.
But, the onus is on the developer (lucky me) to find out what obligations he is under in terms of the law, and get an accurate estimate of the effects his project will have. Sound like if explosives are needed then the effects could be more than minor. Guilt trips aside, the gung ho attitude is what could land someone in a pile of steaming... If you want to redress the balance of rivers lost thru hydroschemes et al, go for it... but legally.

jb's picture

It is for that same reason that if river access is denied by developers it would be good to have a backyard play feature that you can call home.
Thanks for the guilt trip.
It is unknown to probably all ofus to what degree Johns Playspot project is going to effect his surrounds.That's entirely up to him.
At least he chose to ask.

nathan's picture

After the comments made on this message board, hopefully those people urging 'lucky me' to get into it never moan or criticise fellow paddlers (and the NZRCA) for inaction over rivers being damaged or lost due to developers. If they did it would be a tad hypocritical... while we may not like what some developers do, they often tend to do it legally.
Hope your favourite river isn't next.
Nathan

jb's picture

Looks like you may have to go to other net Forums for advice on producing a playhole.
There has been articles on the net/magazines about ones they've tried to produce in the States.
Search for those for advice.

brent's picture

Gradient is where it is at for sure. If you don't have enough I could help with some ex army explosives to shape the bed? Would only really bed ok if you weren't too close to a town.

ian2's picture

1)Since this is a publically accessible forum, everyone knows. Or at least you should assume this is the case.

2)If you do go ahead with this, please don't use any wire, mesh, rebars or anything else that isn't a rock. Over time, the metal may become exposed and turn into a major hazard. About 1989-90, a kayaker got trapped running a dam on the Whakapapa (or thereabouts). His boat went under an exposed re-bar and folded somewhere across his thighs. Needless to say, he did not survive.

toby0's picture

Go hard man, find a bit of gradient drop, funnel the water into a slot make some eddys on each side and try it out its apparently easy to make a hole not so easy to make a wave. Waves are heeps cooler Though it depends on what sort of volume your dealing with. Just remember what people dont no wont hurt them.

muzz's picture

Hi guys

From my perspective (as conservation officer ofthe NZRCA, and an environmental lawyer) you most likely will need resource consents to do the work you are proposing. At the very least have a chat to your regional council so you don't open yourself up to being prosecuted. The Regional Council will confirm whether or not consents are required (and if they are it is likely to be for avoiding adverse effects on other environmental issues such as river bank erosion, instream habitat issues etc)

I think if you check out the conservation forum there will be some tips from paddlers in the Taranaki and Palmerston North regions on their experiences with modifying rivers to create play features.

Best of luck with the beuarocracy, and happy paddling.

Maree Baker

Jase wrote:
>
> At your discretion John, but I know what I'd do if I was in
> your situation with this sort of opportunity.......

jb's picture

At your discretion John, but I know what I'd do if I was in your situation with this sort of opportunity.......

nathan's picture

Hi
a few tips from an RMA perspective. First, don't take anything lightly. If you get a digger in there and someone spots it, or something goes wrong, you could be prosecuted under the RMA. I'm not kidding. This is my job, people DO get done (many thousand dollar fines) for this very activity. You probably (see your regional and or district council) need resource consent for works in the bed of a river, possibly for discharge of contaminant to water (highly likely if your machinery is working in water at any time during the construction), and possibly for damming or diverting water. Sounds heavy huh? Well it could be. People do get upset if landowners take measures into their own hands and ignore the law.

Also check your legal title with Land Information New Zealand very carefully.... are you sure that you own this bit of the river bed? You might be able to do earthworks on your own land (even then most district councils have regs about the maximum volume that can be moved w/o resource consent), but when it is within the bed (check the definition in the RMA first) you'll almost certainly need resource consent.

Could your river works promote river bank erosion up or down stream? If damage is caused as a result, what are your liablilties?

What wildlife/plants live in the area that you might affect?

Talk to the regional council before you start anything.

I know this sounds hideously bureaucratic when all you want to do is make a nice little surfing wave.... but don't say you weren't warned when an enforcement officer of a regional council drives up and shows you his warrant. If you want some more advice, email me!

jb's picture

Sandbags would be good to use.
With chicken-mesh to hold them down.
How wide is your river/creek?
Can it be securely dammed while you work on the hole/wave?

john5's picture

yea

im not doin anything major or using concrete or anything just moving a few rocks. im just lookin for some ideas on how to make a friendly safe wave or ect. any ideas.

jb's picture

Resource consent?!
Nobody will be any the wiser.
Good luck on your construction John.

bob2's picture

Pretty sure youl need some resourse consents bud

john5's picture

its complicated

we own the river bed so its officialy ours when on our land. it means we can do anything that doesnt pollute the water.

unsure?'s picture

How can anyone Own a river???? Do you own the river or the land beside it?