NEW ZEALAND GAZETTE, No. 64

12 MAY 2011

Over-allocation is the situation where the resource:

(a) has been allocated to users beyond a limit; or

(b) is being used to a point where a freshwater objective is no longer being met.

This applies to both water quantity and quality.

Outstanding freshwater bodies are those water bodies with outstanding values, including ecological, landscape, recreational and spiritual values.

Target is a limit which must be met at a defined time in the future. This meaning only applies in the context of over-allocation.

Terms given meaning in the Act have the meanings so given.

A. WATER QUALITY

OBJECTIVE A1

To safeguard the life-supporting capacity, ecosystem processes and indigenous species including their associated ecosystems of fresh water, in sustainably managing the use and development of land, and of discharges of contaminants.

OBJECTIVE A2

The overall quality of fresh water within a region is maintained or improved while:

(a) protecting the quality of outstanding freshwater bodies;

(b) protecting the significant values of wetlands; and

(c) improving the quality of fresh water in water bodies that have been degraded by human activities to the point of being over-allocated.

POLICY A1

By every regional council making or changing regional plans to the extent needed to ensure the plans:

(a) establish freshwater objectives and set freshwater quality limits for all bodies of fresh water in their regions to give effect to the objectives in this national policy statement, having regard to at least the following:

(i) The reasonably foreseeable impacts of climate change;

(ii) the connection between water bodies.

(b) establish methods (including rules) to avoid over-allocation.

POLICY A2

Where water bodies do not meet the freshwater objectives made pursuant to Policy A1, every regional council is to specify targets and implement methods (either or both regulatory and non-regulatory) to assist the improvement of water quality in the water bodies, to meet those targets, and within a defined timeframe.

POLICY A3

By regional councils:

(a) imposing conditions on discharge permits to ensure the limits and targets specified pursuant to Policy A1 and Policy A2 can be met; and

(b) where permissible, making rules requiring the adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of a contaminant into fresh water, or onto or into land in circumstances that may result in that contaminant (or, as a result of any natural process from the discharge of that contaminant, any other contaminant) entering fresh water.

POLICY A4 AND DIRECTION (UNDER SECTION 55) TO REGIONAL COUNCILS

By every regional council amending regional plans (without using the process in Schedule 1) to the extent needed to ensure the plans include the following policy to apply until any changes under Schedule 1 to give effect to Policy A1 and Policy A2 (freshwater quality limits and targets) have become operative:

“1. When considering any application for a discharge the consent authority must have regard to the following matters:

(a) The extent to which the discharge would avoid contamination that will have an adverse effect on the life-supporting capacity of fresh water including on any ecosystem associated with fresh water and

(b) the extent to which it is feasible and dependable that any more than minor adverse effect on fresh water, and on any ecosystem associated with fresh water, resulting from the discharge would be avoided.

2. This policy applies to the following discharges (including a diffuse discharge by any person or animal):

(a) A new discharge or

(b) a change or increase in any discharge –

of any contaminant into fresh water, or onto or into land in circumstances that may result in that contaminant (or, as a result of any natural process from the discharge of that contaminant, any other contaminant) entering fresh water.

3. This policy does not apply to any application for consent first lodged before the National Policy Statement for Freshwater Management takes effect on 1 July 2011.”

B. WATER QUANTITY

OBJECTIVE B1

To safeguard the life-supporting capacity, ecosystem processes and indigenous species including their associated ecosystems of fresh water, in sustainably managing the taking, using, damming, or diverting of fresh water.

OBJECTIVE B2

To avoid any further over-allocation of fresh water and phase out existing over-allocation.