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Water conservation orders
Any person may apply to the Minister for the Environment for a water conservation order. The orders aim to recognise the outstanding amenity or intrinsic values that waters provide, in either a natural or modified state. 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 be particularly significant to Māori.
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.
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 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 publicly notified.
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 a public inquiry if it receives one or more submissions.
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 can not be inconsistent 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 NZ and North Canterbury Fish and Game Councils and the NZ Recreational Canoeing Association applied in August 2007 to the Minister for the Environment for a Water Conservation Order on the Hurunui River.
The Associate Minister accepted the application and in August 2008 appointed a special tribunal to hear and report on the application. The special tribunal is expected to hold its first meeting shortly.
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 has publicly notified the application and is now receiving submissions.
Application from MAJAC Trust to vary the Buller River Water Conservation Order
MAJAC Trust applied in August 2003 to the Minister for the Environment to vary the Buller River Water Conservation Order, in respect of the Gowan River.
The Special Tribunal held the hearing in November 2005 and issued its decision in February 2006. This was referred to the Environment Court. The Environment Court released its decision on 3 August 2007. A copy of the decision is available from the Environment Court (Decision number 102/2007).
Application from NZ Fish and Game to vary the Buller River Water Conservation Order
The New Zealand and Nelson Marlborough Fish and Game Councils applied in August 2005 to the Minister for the Environment to amend the Buller River Water Conservation Order in respect of the Gowan River. A special tribunal was appointed in 2006 to hear and report on the application. Submissions and further submissions are now available online.
The hearing commenced on 14 May in Nelson and finished on 23 May 2007.
The Special Tribunal has released its final report on the Fish and Game application to vary the Buller River Water Conservation Order in December 2007.
The special tribunal report was sent to the applicant, the relevant local authorities, the Minister and all those who made a submission. The applicant and any person who made a submission have the right to make a submission to the Environment Court within 15 working days of receiving of notification of the decision. No such submissions were made.
The Minister has recommended to the Governor General that the amendment to the Order be made. The Amendment Order was published in the New Zealand Gazette on 4 September 2008 and will take effect 28 days after the date of publication.
Gazette Notice of the Water Conservation (Buller River) Amendment Order 2008Application for a Water Conservation Order on the Oreti River
Special Tribunal Report on the Application for a Water Conservation Order on the Oreti River
The New Zealand Fish and Game Council and the Southland Fish and Game Council applied for a water conservation order on the Oreti River in 2005. A special tribunal was appointed in 2006 to consider and report on the application. Submissions are now available. Hearings were held in late January and April 2007.
The special tribunal released its report on the joint Fish and Game application in November 2007.
The special tribunal report was sent to the applicant, the relevant local authorities, the Minister and all those who made a submission. The applicant and any person who made a submission have the right to make a submission to the Environment Court within 15 working days of receiving of notification of the decision. No such submissions were made.
The Minister has recommended the making of the Order. The Order was published in the New Zealand Gazette on 14 August 2008 and will take effect 28 days after the date of publication.
