(1) After considering a WCO application submitted by the Minister under section 48(1)(b)(ii) and any submissions and other information relevant to the application, ECan must determine whether to recommend that the Minister should—
(a) reject the application; or
(b) recommend to the Governor-General that a Canterbury WCO be made under section 214 of the RMA, as applied by section 56.
(2) In considering whether to recommend to the Minister that a WCO be made, ECan must, subject to Part 2 of the RMA,—
(a) have particular regard to—
(i) the matters set out in subsections (3) and (4); and
(ii) the vision and principles of the CWMS; and
(b) have regard to the matters specified in section 207(a) to (c) of the RMA.
(3) ECan may recommend to the Minister that a WCO be made to recognise and sustain—
(a) outstanding amenity or intrinsic values that are afforded by waters in their natural state; or
(b) where waters are no longer in their natural state, the amenity or intrinsic values of those waters that in themselves warrant protection because they are considered outstanding.
(4) Section 199(2) of the RMA applies to a WCO recommended by ECan.