25 AUGUST 2011 NEW ZEALAND GAZETTE, No. 134

Environment

Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010

Resource Management Act 1991

National Water Conservation (Rakaia River) Amendment Order 2011

Sir ANAND SATYANAND, Governor-General

ORDER IN COUNCIL

At Wellington this 22nd day of August 2011

Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL
PRESIDING IN COUNCIL

Pursuant to section 58 of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 and section 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 National Water Conservation (Rakaia River) Amendment Order 2011.

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 National Water Conservation (Rakaia River) Order 1988*.

4. Water rights and general authorisations—Clause 9(4) is amended by inserting the following paragraph:

   “(e) Clause 7 shall not apply to any take of water up to 680 litres per second from the Rakaia River at map reference NZTopo50 BX22: 228 547 that is granted to the Ashburton District Council to provide for the continuation of its domestic and stock water supply.”

Dated at Wellington this 22nd day of August 2011.

REBECCA KITTERIDGE, Clerk of the Executive Council.

*SR 1988/241

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National Water Conservation (Te Waihora / Lake Ellesmere) Amendment Order 2011

Sir ANAND SATYANAND, Governor-General

ORDER IN COUNCIL

At Wellington this 22nd day of August 2011

Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL
PRESIDING IN COUNCIL

Pursuant to section 56 of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 and section 214 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 National Water Conservation (Te Waihora / Lake Ellesmere) Amendment Order 2011.

2. Commencement—This order shall come into force on the 28th day after the date of its notification in the New Zealand Gazette.

3. Principal order amended—This order amends the National Water Conservation (Lake Ellesmere) Order 1990².

4. References to Lake Ellesmere—The title and the entire order is amended by omitting every reference to “Lake Ellesmere” and substituting “Te Waihora / Lake Ellesmere”.

5. Interpretation—The following definitions are amended in Clause 2 Interpretation:

   The definition of “Act” is amended by substituting the words “Water and Soil Conservation Act 1967” with “Resource Management Act 1991”.

   The definition of “Lake Ellesmere” is omitted and substituted with:

   “Te Waihora / Lake Ellesmere means that variable body of water commonly known as Lake Ellesmere, otherwise known as Te Waihora, located at and about map reference Infomap 242–3 170°20’, 43°4’, and having an area of about 20,000 hectares.”

   The definition of “lake level” is omitted and substituted with:

   “lake level means the water level measured in calm conditions as determined by taking the mean average of the level recorded by the Canterbury Regional Council at its water level recorder at or about Nutts Cut (map reference NZTopo50 BX24: 682 557) and either one of the levels recorded by the Canterbury Regional Council at its manual or telemetered records at or about Taumutu (map reference NZTopo50 BY23: 498 443 or NZTopo50 BY23: 499 448):

   provided that the Canterbury Regional Council may, at its discretion and when necessary due to windy conditions, estimate the reading which would have been obtained in calm conditions.”

   The definition of “m.a.s.l” is omitted and substituted with “m.s.l. means the elevation in metres above 1937 Lyttelton vertical datum.”

6. Outstanding features—Clause 3 is omitted and substituted with the following clause:

   Outstanding features

   It is hereby declared that Te Waihora / Lake Ellesmere has or contributes to the following outstanding amenity or intrinsic values which warrant protection:

   (a) habitat for wildlife, indigenous wetland vegetation and fish; and

   (b) significance in accordance with tikanga Māori in respect of Ngāi Tahu history, mahinga kai and customary fisheries.

7. Restrictions on lake openings and closings—Clause 4 is amended as follows:

   (1) Clause 4(1) is amended by omitting “a water right shall not be granted under section 21 of the Act and a general authorisation shall not be made under section 22 of the Act” and substituting “a resource consent shall not be granted under sections 9, 12 and 14 of the Act”.

   (2) Clause 4(2) is amended by omitting “water right may be so granted” and substituting “resource consent may be so granted”.

   (3) Clause 4(2) is amended by inserting the following paragraph as paragraph (c):

   “(c) To allow the lake to be artificially opened to the sea at any time during the period commencing on the 1st day of April and ending with the 15th day of June next following.”