Lake Wanaka Preservation Act 1973

Reprint
as at 22 October 1998

Coat of Arms of New Zealand

Lake Wanaka Preservation Act 1973

Public Act1973 No 107
Date of assent23 November 1973
Commencement23 November 1973
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Conservation.

An Act to make provision for the preservation of the normal water levels and shoreline of Lake Wanaka, and the maintenance and improvement of its water quality

1 Short Title

  • This Act may be cited as the Lake Wanaka Preservation Act 1973.

2 Interpretation

  • In this Act, unless the context otherwise requires,—

    emergency means an emergency declared by the Guardians of Lake Wanaka under this Act

    lake means Lake Wanaka

    natural state, in relation to the water levels of the lake, means the levels the water in the lake attains naturally from time to time without control or obstruction by or through the agency of any person; and, in relation to the shoreline of the lake, means the natural contours of the shoreline formed from time to time by the water levels of the lake, or formed from time to time by natural changes to the shore of the lake

    works means any dam, weir, gate, lock, boom, excavation, structure, or other works.

3 Act to bind the Crown

  • This Act shall bind the Crown.

4 Purposes of Act

  • The purposes of this Act are—

    • (a) to prevent the water in the body of the lake from being impounded or controlled by, or, as far as possible, obstructed by, any works except in an emergency:

    • (b) to prevent the natural rate of flow of lake water between the outlet of the lake which forms the source of the Clutha River and the confluence of that river and the Cardrona River from being varied or controlled by any works except in an emergency:

    • (c) to preserve, as far as possible, the water levels of the lake and its shoreline in their natural state:

    • (d) to maintain and, as far as possible, to improve the quality of water in the lake.

5 Guardians of Lake Wanaka

  • (1) The Minister of Conservation may, on such terms and conditions as the Minister may from time to time specify, appoint such persons as the Minister thinks fit to be the Guardians of Lake Wanaka.

    (1A) The persons appointed to be Guardians must include a person nominated by Te Rūnanga o Ngāi Tahu (as established under section 6 of Te Runanga o Ngai Tahu Act 1996).

    (2) The functions of the Guardians of Lake Wanaka shall be—

    • (a) generally, to report and make recommendations to the Minister of Conservation on any matter affecting the purposes of this Act, on the use of the lake for recreational purposes, and on any other matter concerning the lake which the Minister of Conservation may from time to time specify; and

    • (b) in particular—

      • (i) to declare as an emergency any state of affairs existing when the lake water appears likely to attain such a level as to cause loss or damage to human life, livestock, or property by flooding:

      • (ii) to consult the Otago Regional Council from time to time on those functions of the Otago Regional Council which may affect the lake, and to advise the Minister of Conservation of any such consultation and its outcome:

      • (iii) to give advice to the Minister of Conservation on any matter referred to the Minister under subsection (1) of section 11.

    Section 5(1): amended, on 16 December 1988, by section 2(a) of the Lake Wanaka Preservation Amendment Act (No 2) 1988 (1988 No 195).

    Section 5(1): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 5(1A): inserted, on 22 October 1998, by section 275(1) of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).

    Section 5(2)(a): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 5(2)(b)(ii): amended, on 1 November 1989, pursuant to Part II of the Local Government (Otago Region) Reorganisation Order 1989 (Gazette 1989, p 2408).

    Section 5(2)(b)(ii): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 5(2)(b)(iii): amended, on 16 December 1988, by section 2(b) of the Lake Wanaka Preservation Amendment Act (No 2) 1988 (1988 No 195).

    Section 5(2)(b)(iii): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

6 Lake levels not to be controlled

  • (1) Notwithstanding anything to the contrary in the Public Works Act 1981, the Resource Management Act 1991, the Electricity Act 1992, or any other Act, or section 7 of this Act,—

    • (a) no person shall, except for the duration of an emergency, impound or control the water in the body of the lake by any works:

    • (b) no person shall, except for the duration of an emergency, build, construct, erect, or excavate any works which could measurably increase or decrease the natural rate of flow of lake water between the outlet of the lake which forms the source of the Clutha River and the confluence of that river and the Cardrona River.

    (2) Where, under subsection (1), any works are built, constructed, erected, or excavated for the duration of an emergency, then forthwith on the abatement of that emergency, those works shall be removed or, as the case may require, filled.

    (3) Nothing in paragraph (b) of subsection (1) shall be construed to affect the control of Lake Hawea, the Hawea River, or any works existing at the commencement of this Act between Lake Hawea and the confluence of the Hawea River and the Clutha River.

    Section 6(1): amended, on 1 April 1992, pursuant to section 173(1) of the Electricity Act 1992 (1992 No 122).

    Section 6(1): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

    Section 6(1): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).

7 Existing rights to remain

  • Where, at the commencement of this Act, there exists any right or power vested, authorised, or conferred by or granted pursuant to any other Act which will allow the holder to take water from the lake, or discharge water or any other substance (whether dissolved or suspended in water or not) into the lake, or disturb or alter the shoreline of the lake, then that right or power shall continue and may be exercised in the same manner and to the same extent as if this Act had not been passed, but the holder shall, in so exercising the right or power, have regard to the purposes of this Act.

8 Otago Regional Council to implement policy of the Government

  • (1) In the exercise of its functions under the Resource Management Act 1991 in respect of the lake and its tributaries, the Otago Regional Council shall have regard to the purposes of this Act and shall give effect to the policy of the Government in relation to those functions as communicated to it from time to time in writing by the Minister of Conservation.

    (2) [Repealed]

    Section 8 heading: amended, on 1 November 1989, pursuant to Part II of the Local Government (Otago Region) Reorganisation Order 1989 (Gazette 1989, p 2408).

    Section 8(1): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

    Section 8(1): amended, on 1 November 1989, pursuant to Part II of the Local Government (Otago Region) Reorganisation Order 1989 (Gazette 1989, p 2408).

    Section 8(1): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 8(2): repealed, on 1 April 1988, by section 3(2) of the Lake Wanaka Preservation Amendment Act 1988 (1988 No 68).

9 Reserve and Domain Boards to implement policy of the Government

  • (1) This section shall apply to a public reserve (within the meaning of the Reserves Act 1977) which adjoins, is adjacent to, or is in the vicinity of the shore of the lake, or is on or is an island in the lake.

    (2) In the exercise of its functions, the administering body (within the meaning of the Reserves Act 1977) of a public reserve to which this section applies shall have regard to the purposes of this Act, and shall give effect to the policy of the Government in relation to a public reserve to which this section applies as communicated to the administering body from time to time in writing by the Minister of Conservation or, when directed to do so by that Minister, by the Director-General of Conservation.

    Section 9(1): amended, on 1 April 1978, pursuant to section 125(1) of the Reserves Act 1977 (1977 No 66).

    Section 9(2): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 9(2): amended, on 1 April 1978, pursuant to section 125(1) of the Reserves Act 1977 (1977 No 66).

10 Communications of Ministers to be laid before Parliament

  • A copy of every communication made under subsection (1) of section 8 or subsection (2) of section 9 shall be laid before Parliament as soon as practicable after it has been made.

11 Harbour works on lake restricted

  • No regional council shall grant a resource consent under the Resource Management Act 1991 authorising any activity in relation to the lake that is referred to in section 13 or section 14 of that Act without first—

    • (a) seeking the advice of the Guardians of Lake Wanaka on the proposed activity concerned, and considering all advice received from them within a reasonable time of its being sought; and

    • (b) having regard to the purposes of this Act.

    Section 11: replaced, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

12 No derogation from provisions of Act

  • No provision of any Act shall derogate from the provisions of this Act unless that provision expressly so provides.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Lake Wanaka Preservation Act 1973. The reprint incorporates all the amendments to the Act as at 22 October 1998, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Ngāi Tahu Claims Settlement Act 1998 (1998 No 97): section 275(1)

    Electricity Act 1992 (1992 No 122): section 173(1)

    Resource Management Act 1991 (1991 No 69): section 362

    Local Government (Otago Region) Reorganisation Order 1989 (Gazette 1989, p 2408): Part II

    Lake Wanaka Preservation Amendment Act (No 2) 1988 (1988 No 195)

    Lake Wanaka Preservation Amendment Act 1988 (1988 No 68)

    Conservation Act 1987 (1987 No 65): section 65(1)

    Public Works Act 1981 (1981 No 35): section 248(1)

    Reserves Act 1977 (1977 No 66): section 125(1)