Current applications for Water Conservation Orders
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 and proceeded to hear evidence on the application from 20 May 2009. The hearing was adjourned on 25 August 2009.
The Special Tribunal ruled that they will hear further evidence on flora and fauna which they subsequently heard in May 2010.
The Special Tribunal has completed its report on the application to vary the Water Conservation (Kawarau) Order 1997 in respect of the Nevis River.
The report was sent to the Minister for the Environment, the applicants, the regional council, the relevant territorial authorities, iwi authorities and all submitters on the application on Tuesday 24 August 2010.
Submissions were made to the Environment Court with respect to the special tribunal report. The Environment Court is now considering these.
Application to vary the Kawarau River Water Conservation Order – in respect of the Shotover River Delta
The Minister has received an application from Otago Regional Council (ORC) for an amendment to the Kawarau River Water Conservation Order to make changes to clause 6 of the Order. The Minister for the Environment considered, under section 216 (3) of the Resource Management Act 1991, that the application was of a minor effect and it was unnecessary to hold an inquiry. As required by section 216(3) the applicant has the agreement of the original applicant (the Minister of Conservation) and the regional council to the amendment. The amendment (Department of Internal Affairs website) was approved on 14 November 2011 and was published in the NZ Gazette on 17 November 2011. The amendment will take effect 28 days after the date of notice in the Gazette.
Application to vary the Lake Ellesmere Water Conservation Order
On 16 December 2010, the Minister for the Environment received an application from the Department of Conservation and Te Runanga o Ngai Tahu to amend the Lake Ellesmere Water Conservation Order. The applicants sought to:
- amend the Order by including additional values and providing for those values by:
- changing the times the lake can be opened and
- adjusting the existing restrictions relating to the right to dam and drain land.
The Minister for the Environment submitted the application to Environment Canterbury to hear and report on. This was done in accordance with section 48(1)(b)(ii) of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010.
Environment Canterbury notified the variation application on 17 January 2011 and held a hearing in late May and early June 2011.
The Minister received Environment Canterbury’s report and recommendations (PDF, 4.31 MB) on 15 July 2011.
The recommended changes to the Lake Ellesmere Water Conservation Order were approved by Government on 22 August 2011. The National Water Conservation (Te Waihora / Lake Ellesmere) Amendment Order 2011 (PDF, 25 KB) was gazetted on 25 August 2011 and takes effect 22 September 2011 (28 days after the day of notice in the Gazette).
Application from Ashburton District Council for a minor amendment to the Rakaia River Water Conservation Order
On 28 March 2011 Ashburton District Council applied for a minor amendment to the national Water Conservation (Rakaia River) Order 1988 (3.77 MB). Ashburton District Council requested that the Order be changed to provide an exemption for its stock water take of 680 litres/second from the low flow requirements set out in clause 7 of the Order.
Under section 58 of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010, the Minister for the Environment decided that because of the minor effect of the amendment, it was not necessary for Environment Canterbury to consider the application.
As required by section 58, Ashburton District Council had the agreement of the regional council (Environment Canterbury) and the successors to the original applicants for the Order (Fish and Game) to the proposed amendment.
On 22 August 2011, the Government decided that the proposed amendment to the Order should be made. The National Water Conservation (Rakaia River) Amendment Order 2011 (PDF, 18 KB) was gazetted on 25 August 2011 and takes effect 22 September 2011 (28 days after the day of notice in the Gazette).
Application from TrustPower Limited for an amendment to the Rakaia Water Conservation Order
On 15 July 2011 TrustPower Limited applied for a variation to the National Water Conservation (Rakaia River ) Order 1988 (the Order). TrustPower wants the Order amended to enable the future consenting, construction and operation of its Lake Coleridge Project which involves water stored in Lake Coleridge being used for irrigation and hydro-electricity generation.
The application proposes changes to the Order with respect to the Rakaia River, the Wilberforce River, the Harper River, the Acheron River and Lake Coleridge. The changes sought include adding new definitions, changes to clause 7 and inserting a new clause 9A.
The Minister for the Environment referred Trustpower’s application to Environment Canterbury to consider under the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 on 22 September 2011. The application was publicly notified and submissions called for by Environment Canterbury on 15 October 2011. The period for submissions closed on 21 November 2011. On 13 February 2012 the hearing for the application began, which is being considered by a panel of three independent commissioners. A decision is expected mid-year.
Further information on Trustpower’s application and details of the hearing process can be found on Environment Canterbury’s website.
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: 11 April 2012
