2. Legal framework
Statutes
Resource Management Act 1991
The purpose of the Resource Management Act 1991 (RMA) is to promote the sustainable management of natural and physical resources. Part 2 of the RMA establishes this purpose and principles, while sections 63 to 70 and the First Schedule include relevant matters relating to the preparation of a regional plan.
Resource Management (Waitaki Catchment) Amendment Act 2004
The Resource Management (Waitaki Catchment) Amendment Act 2004 (the Waitaki Act), established the Waitaki Catchment Water Allocation Board with the function of developing, within 12 months, a regional plan for the allocation of water in the Waitaki catchment on a basis consistent with the purpose and principles of the RMA.
The Waitaki Act directs that the Board must include objectives, policies, and methods (including rules, if appropriate) in the regional plan, to provide for:
(a) water that is or may be taken from, or used in, the Waitaki catchment in accordance with section 14(3)(b) and (e) of the RMA; and
(b) water to sustain the intrinsic values and amenity values that the Board identifies and determines should be sustained in the Waitaki River and associated beds, banks, margins, tributaries, islands, lakes, wetlands, and aquifers; and
(c) the allocation of water to activities, as appropriate; and
(d) the management of allocated water, including methods that provide for dealing with periods of time or seasons when the level or flow of water is low.
The Waitaki Act includes provisions relating to the nature of this plan and the process for its preparation, including provisions that sections of the RMA do or do not apply to the development of this plan.
Ngāi Tahu Claims Settlement Act 1998
The Ngāi Tahu Claims Settlement Act 1998 (the Settlement Act) gave effect to the Deed of Settlement signed by the Crown and Te Rūnanga o Ngāi Tahu in 1997, to achieve a final settlement of the Ngāi Tahu [Refer definition in Section 10.] historical claims against the Crown. The Settlement Act includes statutory acknowledgements, which recognise the special relationship of Ngāi Tahu with a range of areas in the South Island. The purpose of statutory acknowledgements are to ensure that the particular relationship Ngāi Tahu has with these areas is identified and Ngāi Tahu are informed when a proposal may affect one of the areas. Part 12 of the Settlement Act sets out the provisions relating to statutory acknowledgements and should be referred to in relation to the statutory acknowledgement areas in the Waitaki catchment.
Within the Waitaki catchment, Aoraki/Mt Cook, the Waitaki River, Hakataramea River, Lake Aviemore (Mahi Tīkumu), Lake Benmore (Te Ao Mārama), Lake McGregor (Whakarumoana), Lake Tekapo (Takapo), Lake Pūkaki and Lake Ōhau are all statutory acknowledgement areas.
Documents that must be considered
The Waitaki Act specifies that sections 66(2A) and 67(2)(a) of the Resource Management Act (RMA) apply to the preparation of the regional plan, with the necessary modifications, as if the Board was a regional council (section 18(3)). Section 66(2A) specifies that [the Board] must take into account any relevant planning document recognised by an iwi authority and lodged with the council. Section 67(2) states that a regional plan must give effect to any national policy statement or any New Zealand coastal policy statement. Section 67(2)(a) states a regional plan must not be inconsistent with any water conservation order.
Iwi Management Plans
There are three iwi management plans that fall into the category of relevant planning documents recognised by an iwi authority (Te Rūnanga o Ngāi Tahu) and lodged with the council.
These are:
- Te Rūnanga o Ngāi Tahu Freshwater Policy (undated)
- Te Whakatau Kaupapa - Ngāi Tahu Resource Management Strategy for the Canterbury Region (1990 - reprinted in September 1992)
- Kai Tahu ki Otago Natural Resource Management Plan (1995) [The "Kāi Tahu Ki Otago Natural Resource Management Plan 2005" came into operation on 24 June 2005 after the publication of the draft Waitaki Catchment Water Allocation Regional Plan, and was not taken into account.] .
The plans all have equal status as plans recognised by the iwi authority.
New Zealand Coastal Policy Statement
As elements of water management will impact on the coastal environment, the provisions of the New Zealand Coastal Policy Statement, gazetted in 1994, have been considered where relevant. There is no other relevant National Policy Statement.
National Water Conservation (Ahuriri River) Order 1990
The only Water Conservation Order in the catchment is the Ahuriri River Conservation Order. It covers the Ahuriri River from its source to Lake Benmore, the Ōmārama Stream downstream of the bridge near Clifton Downs Station (map reference NZMS 1 S116 579310) [The metric grid reference is NZMS 260-H39 (2002 version) H39:6094-2343.] , and the rivers, streams and lakes within 400 metres of the Ahuriri River (the protected waters). The Order does not apply to the Quail Burn or its tributaries.
Documents that set up the existing resource management framework
Part V of the RMA (Standards, Policy Statements and Plans) does not apply to the preparation of the Plan, except for particular specified sections (section 18 of the Waitaki Act). Therefore, the requirement that the Plan must not be inconsistent with the regional policy statement or with any other regional plan of the region concerned (section 67(2)(b) Resource Management Act) does not apply.
The following documents that set up the existing resource management framework for the Waitaki catchment have been had regard to:
- Canterbury Regional Policy Statement (operative on 26 June 1998)
- Canterbury Transitional Regional Plan (notified October 1991)
- Proposed Canterbury Natural Resources Regional Plan
- Canterbury Regional Coastal Environment Plan (adopted 11 December 2003, except for Chapter 9 that is under appeal)
- Otago Regional Policy Statement (operative October 1998)
- Otago Regional Plan: Water (operative January 2004)
- Otago Regional Plan: Coast (operative September 2001)
- Waitaki District Plan (operative July 2004)
- Waimate District Plan (operative 2001)
- Mackenzie District Plan (operative May 2004).
Other resource management documents
The following related documents were also considered:
- Canterbury Conservation Management Strategy (approved in 2000 by the New Zealand Conservation Authority under the Conservation Act 1987)
- Otago Conservation Management Strategy (approved in 1998 by the New Zealand Conservation Authority under the Conservation Act 1987)
- Aoraki/Mt Cook National Park Management Plan (approved in August 2004 by the New Zealand Conservation Authority)
- Central South Island Fish and Game Council Sports Fish and Game Management Plan (approved by the Minister of Conservation in 1999)
- South Island Eel Management Plan (prepared by Te Waka a Maui me ona Toka Mahi Tuna, December 1996)
- South Canterbury/Waitaki Eel Management Plan (prepared by South Canterbury/Waitaki Eel Management Committee, undated).
