NEW ZEALAND GAZETTE, No. 136

4 SEPTEMBER 2008

Environment

Resource Management Act 1991

Water Conservation (Buller River) Amendment Order 2008

ANAND SATYANAND, Governor-General

ORDER IN COUNCIL

At Wellington this 1st day of September 2008

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

Pursuant to sections 214 and 216 of the Resource Management Act 1991, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following Order.

Order

1. Title—This order is the Water Conservation (Buller River) Amendment Order 2008.

2. Commencement—This order comes into force 28 days after the date of its notification in the New Zealand Gazette.

3. Principal order amended—This order amends the Water Conservation (Buller River) Order 2001.*

4. Waters to be protected—Clause 6(b) is amended by omitting “7” and substituting “11”.

5. Restriction on damming of waters—Clause 7(1)(a) is amended by omitting “salmonid”.

6. Restriction on alterations of river flows and form—Clause 8(3) is amended by revoking paragraph (c) and substituting the following paragraph:

   “(c) any change in flow permitted in the Gowan River, item 10 of Schedule 2, must not be:

   (i) greater than 15% of the naturally occurring instantaneous flow whenever that flow is 16 cumecs or more but less than 27 cumecs; or

   (ii) greater than 25% of the naturally occurring instantaneous flow whenever that flow is 27 cumecs or more; or

   (iii) greater than 5% of the naturally occurring instantaneous flow whenever that flow is less than 16 cumecs.”

7. Restrictions on alteration of lake levels—Clause 9 is amended by omitting “22” and substituting “20”.

8. Requirement to maintain fish passage—Clause 10 is revoked and the following clause substituted:

   “(10) No resource consent may be granted or rule included in a regional plan for the waters specified in Schedule 1 or Schedule 2 unless that resource consent or rule maintains:

   (a) adequate natural or artificial passage for trout through those waters where Schedule 1 or Schedule 2 identifies trout as an outstanding characteristic or identifies those waters as contributing to outstanding trout fisheries; and

   (b) adequate natural or artificial passage through those waters for those native fish that require such passage where Schedule 1 or Schedule 2 identifies native fish as an outstanding characteristic or identifies those waters as contributing to outstanding native fisheries. To avoid doubt, reference to native fisheries includes eel fisheries.”

9. Conditions applying to Lake Matiri and Matiri River—(1) Clause 12(3) is amended by inserting “item 1 of” after “specified in”.

   (2) Clause 12 is amended by inserting the following subclause after subclause (3):

   “(4) No resource consent may be granted or rule included in a regional plan for a structure in any of the waters specified as item 2 in Schedule 3 unless the structure allows for the passage of eels in both directions.”

10. Schedule 2 amended—Schedule 2 is amended as follows:

    (a) By inserting the following item after item 5:

    “5A Black Valley Stream
    Trout spawning habitat
    cls 7, 8(1), 8(2), 10,
    and 11”
    (downstream of GR N29 985345)

    (b) By revoking, in item 10, “Rafting” and substituting “Rafting, trout fishery, contribution to outstanding trout fisheries, contribution to outstanding eel fishery”.

11. Schedule 3 amended—Schedule 3 is amended as follows:

    (a) by omitting the heading “Protected waters (Lake Matiri)” and substituting the heading “Protected waters (Lake Matiri and Matiri River)”;

    (b) by omitting “charateristics” and substituting “characteristics”;

    (c) by inserting the following item:

    “2 Matiri River from the outlets of
    Lake Matiri to the confluence
    with the Buller River
    Contribution to outstanding native
    cls 11 and 12”
    eel fisheries.

Dated at Wellington this 1st day of September 2008.

REBECCA KITTERIDGE, Clerk of the Executive Council.

*New Zealand Gazette, 21 June 2001, No. 64, page 1520 (SR 2001/139)