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Water Conservation Orders
Any person may apply to the Minister for the Environment for a Water Conservation Order. An order aims to recognise the outstanding amenity or intrinsic values that water provides, in either a natural or modified state. Orders may be applied over rivers, lakes, streams, ponds, wetlands, or aquifers, and can cover freshwater or geothermal water. If granted by the Minister, a Water Conservation Order can restrict or prohibit water ‘takes’, discharges and other uses of the water.
Water Conservation Orders can be used to preserve that natural state or protect characteristics such as:
- the water body's value as a habitat or fishery
- its wild and scenic nature
- its value for recreational, historic, spiritual, cultural or scenic purposes.
A water body may also hold particular significance for Māori.
Applications to the Minister must set out the reasons for the application. If the Minister accepts the application then he or she must appoint a special tribunal to hear and report on the application. The special tribunal then publicly notifies the application and calls for submissions.
Submissions must be lodged within 20 working days of the public notice unless a later date is set. Any person may make a submission to the special tribunal.
The tribunal then holds a hearing and prepares a report on the application, which will include either a draft Water Conservation Order or a recommendation that the application be declined. This report is sent to the applicant, the Minister, the relevant local and iwi authorities, and every submitter.
Anyone who made a submission has a further right of submission to the Environment Court on the special tribunal's report. The Environment Court must hold an inquiry if it receives one or more submissions.
If there is such an application to the Environment Court, once it has completed its inquiry, the Environment Court makes a report to the Minister recommending that the special tribunal's report be accepted or rejected with or without modifications.
The Minister must make a recommendation to the Governor-General in accordance with the report of the special tribunal or, if the Environment Court has held an inquiry, the report of the Environment Court.
If a Water Conservation Order is recommended, the Governor-General then makes the order — by order in council.
An order can prohibit or restrict a regional council issuing new water and discharge permits, although it can not affect existing permits. Regional policy statements, regional plans and district plans must be consistent with the provisions of a Water Conservation Order.
Current conservation orders
There are currently 16 conservation orders (including one amendment order) covering water bodies which have outstanding amenity or intrinsic values. These are:
| Name | Reference number |
|---|---|
| Pre RMA | |
| Motu River | 1984/20 |
| Rakaia River | 1988/241 |
| Lake Wairarapa | 1989/51 |
| Manganuioteao River | 1989/52 |
| Lake Ellesmere | 1990/155 |
| Ahuriri River | 1990/156 |
| Grey River | 1991/132 |
| Under the RMA | |
| Rangitikei River | 1993/15 |
| Kawarau River | 1997/38 |
| Mataura River | 1997/126 |
| Buller River | 2001/139 |
| Motueka River | 2004/258 |
| Mohaka River | 2004/397 |
| Rangitata River | 2006 |
| Oreti River
|
2008 |
Current applications for Water Conservation Orders
Application for a Water Conservation Order on the Hurunui River
The New Zealand and North Canterbury Fish and Game Councils and the New Zealand Recreational Canoeing Association applied in August 2007 to the Minister for the Environment for a Water Conservation Order on the Hurunui River.
The Minister for the Environment accepted the application and in August 2008 appointed a special tribunal to hear and report on the application.
The Special Tribunal publicly notified the application on 12 November 2008.
Preferences sought in primary submissions were then publicly notified, with further submissions closing on 13 February 2009.
The Special Tribunal will commence the hearing on Friday 13 March 2009, further details of hearing proceedings can be found through the link above.
Application to vary the Kawarau River Water Conservation Order – in respect of the Nevis River
The New Zealand Fish and Game Council and Otago Fish and Game Council applied to the Minister for the Environment to vary the Water Conservation Order 1997 on the Kawarau River, in respect of the Nevis River.
The Associate Minister for the Environment appointed a special tribunal in June 2008 to hear and report on the application.
The special tribunal publicly notified the application on 3 September 2008. Submissions have now closed, and the Special Tribunal is currently considering all submissions. The hearing commenced with a procedural meeting and is now adjourned. The hearing will recommence on 20 May 2009. Further details can be found through the link above.
Further information
- See the fresh water page for related reports, policies, regulations, projects, partnerships, guidelines and tools about fresh water.
- See the Resource Management Act page which is a gateway to information about the Resource Management Act 1991 (RMA).
- For a full list of publications relating to water refer to the water publications page.
Last updated: 3 March 2009
