Water Conservation (Oreti River) Order 2007
1 Title
This order is the Water Conservation (Oreti River) Order 2007.
This order comes into force on the of after the date of its notification in the Gazette.
2 Interpretation
In this order, unless the context otherwise requires:
“Act” means the Resource Management Act (1991).
“Damming” means the impounding of all or part of the natural flow of any water that may involve an associated temporary or permanent structure.
“River” means the main stem of those waters identified in the Schedules to this order. The main stem shall be the river with that name on NZMS260 series topographical maps between specified lower and upper river limits as defined by map references in schedules to this order.
“Tributaries” means all the tributaries of rivers or sections of the rivers identified in schedules to this order.
3 Outstanding Characteristics
The waters specified in Schedule 1 and 2 include or contribute to, to the extent identified in Schedule 2, the following outstanding characteristics, features and values:
-
habitat for brown trout;
-
angling amenity;
-
habitat for back-billed gulls; and
-
significance in accordance with tikanga Māori.
4 Waters to be Protected
Because of the outstanding characteristics, features and values identified in clause 3, the waters specified in Schedule 1 are to be protected in accordance with the relevant conditions in clauses 6–8 as specified in Schedule 1.
Because of their contribution to outstanding characteristics and features identified in clause 3, the waters specified in Schedule 2 are to be protected in accordance with Clauses 6–8 to the extent specified in those clauses and in Schedule 2.
6 Restriction of Damming of Waters
Subject to Clauses 9 and 10, no water permit may be granted or rule included in a Regional Plan authorising the damming of waters specified in Schedule 1 item 1.
7 Requirement to Maintain Fish Passage
Subject to Clauses 9 and 10 no water permit may be granted or rule included in the Regional Plan relating to the waters identified in Schedule 1 and item 1 of Schedule 2 authorising an activity that will adversely affect the passage of fish.
8 Restriction on the Alteration of Water Quality
Subject to Clauses 9 and 10 no discharge permit may be granted or rule included in a Regional Plan authorising a discharge into any of the waters identified in item 1 of Schedule 1 that will result in a reduction of water quality beyond the zone of reasonable mixing.
9 Scope of Order
(1) This order does not limit section 14(3)(b) and (e) of the Act relating to the use of water for domestic needs, for the needs of animals, and for, or in connection with, fire-fighting purposes.
(2) This order does not restrict or prevent the grant of resource consents for the purpose of:
(a) research into, and protection or enhancement of, fisheries and wildlife habitats; or
(b) the construction, removal, maintenance or protection of any road, ford or bridge, or the maintenance or protection of any network utility (as defined in section 166 of the Act); or
(c) the construction and maintenance of soil conservation and river protection works undertaken pursuant to the Soil Conservation and Rivers Control Act 1941; or
(d) the protection of human or animal health.
10 Exemptions
Nothing in this order prevents the grant of a discharge or water permit that would otherwise contravene conditions set out in clauses 6, 7 and 8 if:
(a) a consent authority is satisfied that –
(i) there are exceptional circumstances justifying the grant of a permit; or
(ii) the permit is for an activity that is of a temporary nature; or
(iii) the permit is for an activity that is associated with necessary construction and maintenance work; and
(b) the exercise of any such resource consent would not compromise the protection of the outstanding characteristics and features identified for the waters specified in the schedules.
Schedule 1 – Protected waters with outstanding characteristics
| Item | Waters | Outstanding Characteristics or Features | Conditions to Apply |
|---|---|---|---|
|
1 |
Oreti River main stem at Rocky Point at NZMS 260 E44 373946 upstream to the forks at E42 345450. |
Habitat for brown trout Angling amenity Value in accordance with tikanga Māori |
Prohibit damming (cl 6) Maintenance of fish passage (cl 7) Maintenance of water quality (cl 8) |
|
2 |
Weydon Burn, Windley River and all other tributaries upstream of the Oreti River at E43 305210 near Lincoln Hill. |
Habitat for brown trout |
Maintenance of fish passage (cl 7) |
Schedule 2 – waters to be protected for their contribution to the above mentioned outstanding features:
| Item | Waters | Outstanding Characteristics or Features contributed to: | Conditions to Apply |
|---|---|---|---|
|
1 |
Oreti River downstream of Rocky Point at E44 373946 to the Wallacetown Bridge at E46 455208 |
Habitat for brown trout Habitat for black-billed gull |
Maintain fish passage (cl 7) |
|
2 |
Groundwater hydraulically connected to the surface water of the Oreti River from Rocky Point at E44 373946 upstream to the forks at E42 345450. |
Habitat for brown trout Angling amenity Value in accordance with tikanga Māori |
