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General

Manawatu-Wanganui Regional Council

Local Water Conservation (Makuri River) Notice 1990

Pursuant to section 20H (c) of the Water and Soil Conservation Act 1967 and the direction from the Planning Tribunal to make a local conservation notice in respect of the Makuri River, the council hereby makes the notice as directed by the Planning Tribunal as follows:

1. Title and Commencement—(1) This order may be cited as the Local Water Conservation (Makuri River) Notice 1990.
   (2) This order shall come into force on the 14th day after the date of its notification in the Gazette.

2. Interpretation—
   “Act” means the Water and Soil Conservation Act 1967.
   “River” means the Makuri River itself from its source (approximate map reference NZMS 260 Sheet U24 737804 and 734804) to its confluence with the Tiraumea River (approximate map reference NZMS 260 Sheet T24 568772), together with all its tributaries, including the Makuri-iti River.
   “River flow” means for any given point on the river:
   (a) the instantaneous flow occurring at that point; plus
   (b) the sum of abstractions from the river and its tributaries upstream of that given point expressed as an instantaneous flow.

3. Characteristics and Features to be Protected—It is hereby declared that the river includes:
   (a) scenic characteristics of regional significance; and
   (b) recreational, fisheries, and wildlife habitat features of regional significance.

4. Rate of Flow of Natural Water—Because of the characteristic and features specified in clause 3 of this order, the rate of flow of natural water to be retained at any point in the river shall be not less than 95 percent of the river flow at that point.

5. Right to Dam not to be Granted—A right to dam the main stem of the Makuru River or the Makuri-iti Stream shall not be granted under section 21 of the Act, nor shall any right be granted which has the effect of impounding water in them or altering their natural flow regime.

6. Water Rights—(1) A water right under section 21 of the Act may not be granted by the Regional Water Board and a general authorisation under section 22 of the Act may not be made by the Regional Water Board in respect of the river if the combined effect of the grant or authorisation and of existing rights would be that the provisions of this order cannot remain without change or variation.

(2) Notwithstanding anything in this order, it shall be lawful for water rights to be granted, and general authorisations to be made, in respect of the river for the purposes of:
(a) research into, and enhancement of, fisheries and wildlife habitats; or
(b) mitigation of the effects of flooding and erosion throughout the catchment under the Soil Conservation and Rivers Control Act 1941; or
(c) the maintenance of roads, bridges, and other public utilities; or
(d) the extraction of gravel, provided no such extraction takes place in the channel of the river, and the water quality requirements of clause 6 (4) are met.

(3) Nothing in this order shall limit the effect of the second proviso to section 21 (1) 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.