New Zealand Gazette – 2008 – No. 127

Page 3295

✨ Water Conservation Order



14 AUGUST 2008 NEW ZEALAND GAZETTE, No. 127 3295

  1. Waters to be protected as contributing to outstanding features—Because of their contribution to outstanding characteristics and features identified in clause 4, the waters specified in Schedule 2 are to be protected in accordance with clause 8 to the extent specified in those clauses and in Schedule 2.

  2. Restriction on damming of waters—Subject to clauses 10 and 11, no water permit may be granted or rule included in a regional plan authorising the damming of waters specified in item 1 of Schedule 1.

  3. Requirement to maintain fish passage—Subject to clauses 10 and 11, no water permit may be granted or rule included in a regional plan relating to the waters specified in Schedule 1 and item 1 of Schedule 2 authorising an activity that will adversely affect the passage of fish.

  4. Restriction on the alteration of water quality—Subject to clauses 10 and 11, no discharge permit may be granted or rule included in a regional plan authorising a discharge into any of the waters specified in item 1 of Schedule 1 that will result in a reduction of water quality beyond the zone of reasonable mixing.

  5. Scope of order—(1) This order does not limit sections 14(3)(b) and (e) of the Act relating to the use of water for an individual’s reasonable domestic needs, or for the reasonable needs of an individual’s animals for drinking water, or taken or used for 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 operation (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.

  1. Exemptions—Nothing in this order prevents the grant of a discharge or water permit that would otherwise contravene conditions set out in clauses 7, 8 and 9 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

Clauses 5, 7, 8 and 9

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 E44373946 upstream to the forks at E42 345 450 Habitat for brown trout Angling amenity Value in accordance with tikanga Māori Prohibit damming (Clause 7) Maintenance of fish passage (Clause 8) Maintenance of water quality (Clause 9)
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 (Clause 8)

Schedule 2

Clauses 6 and 8

Waters to be protected for their contribution to outstanding features

Item Waters Outstanding Characteristics or Contribution to Outstanding Features 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 (Clause 8)
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

MICHAEL WEBSTER, for Clerk of the Executive Council.



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Online Sources for this page:

Gazette.govt.nz — PDF NZ Gazette 2008, No 127




✨ LLM interpretation of page content

🌾 Water Conservation (Oreti River) Order 2008 (continued from previous page)

🌾 Primary Industries & Resources
4 August 2008
Water Conservation, Oreti River, Resource Management, Order in Council
  • Michael Webster, for Clerk of the Executive Council