The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Ministry for the Environment.

Pursuant to section 20D of the Water and Soil Conservation Act 1967, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

Order

1 Title and commencement

(1)

This order may be cited as the National Water Conservation (Rakaia River) Order 1988.

(2)

This order shall come into force on the 28th day after the date of its notification in the Gazette.

2 Interpretation

In this order, unless the context otherwise requires,—

Act means the Resource Management Act 1991

enhancement fund means the fund established as part of the Lake Coleridge Project to contribute funding for projects within the Rakaia River and Selwyn River catchments that are designed to enhance the cultural, ecological, and biological health of, and recreational opportunities within, those catchments, and thereby contribute to the first order priorities set out in the Canterbury Water Management Strategy. The operator of the Lake Coleridge Project will, from the commencement of the first stage of the Lake Coleridge Project until 31 December 2031, contribute funding to the enhancement fund as follows: an initial payment of $50,000 immediately upon establishment; $100,000 per annum (CPI adjusted) from the commencement of the Lake Coleridge Project, and a further $100,000 per annum (CPI adjusted) from the commissioning of any canal described in clause 9A(2)

gorge flow means the mean daily flow of the Rakaia River as estimated for the preceding calendar day by the Canterbury Regional Council from measurements at—

(a)

the recorder site maintained by that Council at the Rakaia Gorge Bridge (map reference K35:014424 on Map series NZMS260); or

(b)

the recorder site maintained by the New Zealand Institute for Earth Science Limited at Fighting Hill (map reference K35:997437 on Map series NZMS260),

and including the mean daily flow of non-stored water diverted or discharged into any canal from Lake Coleridge, but minus the mean daily flow of stored water discharged from Lake Coleridge into the Rakaia River above the Rakaia Gorge

hapua management fund means the amount of $2,250 plus GST (CPI adjusted) that the operator of the Lake Coleridge Project will pay to Canterbury Regional Council on 30 March of each year that the Lake Coleridge Project is in effect until 31 December 2031. This amount is to be used by Canterbury Regional Council to assist with the management of the Rakaia River hapua

Lake Coleridge Project means—

(a)

discharge from the Lake Coleridge Hydroelectric Power Scheme and conveyance by the Rakaia River of stored water for use for irrigation and/or electricity generation;

(b)

discharge, damming, diversion and taking from Lake Coleridge of water (including stored water) via conveyance infrastructure connected to the Lake Coleridge Hydroelectric Power Scheme conveyance infrastructure for use for irrigation and/or electricity generation;

(c)

discharge of water (including stored water) from the conveyance infrastructure into the Rakaia River downstream of its confluence with the Wilberforce River;

(d)

taking or diverting of stored water from the Rakaia River or from any conveyance infrastructure constructed as part of the Lake Coleridge Project in accordance with clause 7(5);

provided that the Lake Coleridge Project excludes any damming of the Rakaia River

register means the register administered by the Canterbury Regional Council which lists the holders of resource consents to abstract or divert water from the Rakaia River downstream of the Rakaia Gorge Bridge who have obtained the written approval of the holder of the consents for the Lake Coleridge Hydroelectric Power Scheme to take or divert stored water

stored water means water that has been taken or diverted into Lake Coleridge which is no greater than:

(a)

half of the excess gorge flow (the excess gorge flow is that part of the gorge flow that exceeds the minimum gorge flow specified in clause 7 by more than 140 cubic metres per second); plus

(b)

any water that could have been taken or diverted from that part of the Rakaia River between the Rakaia Gorge Bridge and the sea by the holders of resource consents listed on the register and subject to the conditions of those resource consents listed on the register, but which was not taken or diverted.

Clause 2 Act: replaced, on 7 March 2013, by clause 4 of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 2 Act: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).

Clause 2 enhancement fund: inserted, on 7 March 2013, by clause 4 of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 2 gorge flow: replaced, on 7 March 2013, by clause 4 of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 2 gorge flow paragraph (b): editorial change made by the PCO, on 24 September 2025, under sections 86(1) and 87(c) of the Legislation Act 2019 (2019 No 58).

Clause 2 hapua management fund: inserted, on 7 March 2013, by clause 4 of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 2 Lake Coleridge Project: inserted, on 7 March 2013, by clause 4 of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 2 register: inserted, on 7 March 2013, by clause 4 of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 2 stored water: inserted, on 7 March 2013, by clause 4 of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

3 Outstanding characteristics and features

It is hereby declared that the Rakaia River and its tributaries include and provide for—

(a)

an outstanding natural characteristic in the form of a braided river:

(b)

outstanding wildlife habitat above and below the Rakaia River Gorge, outstanding fisheries, and outstanding recreational, angling, and jet boating features.

4 Retention of natural waters in a natural state

(1)

Because of the outstanding characteristics and features specified in clause 3—

(a)

subject to subclause (2), the quantity and rate of flow of natural water in the Rakaia River upstream of its confluence with the Wilberforce River and all tributaries of the Rakaia River upstream of that confluence shall be retained in their natural state:

(b)

the quantity and level of natural water in Lake Heron, and the quantity and rate of flow of natural water in its tributary streams, shall be retained in their natural state.

(2)

A resource consent under the Act may be granted or renewed in respect of the natural waters referred to in subclause (1)(a) if—

(a)

in the case of a grant, the purpose is to replace a resource consent in force on the commencement of this order; or

(b)

in the case of a renewal, the purpose is to renew a resource consent in force on the commencement of this order—

and the new resource consent or renewed resource consent is made subject to similar terms and conditions to which the former resource consent was subject.

(3)

[Revoked]

Clause 4(1)(a): amended, on 7 March 2013, by clause 5(1) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 4(2): replaced, on 7 March 2013, by clause 5(2) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 4(3): revoked, on 7 March 2013, by clause 5(3) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

5 Partial retention of natural waters

(1)

(a)

the quantity and rate of flow of the natural waters in the Wilberforce River and all tributaries of the Wilberforce River, including the Harper River, shall be retained in their natural state:

(b)

the quantity and level of natural water in Lake Coleridge and the quantity and rate of flow of natural water in its tributary streams shall be retained in their existing state.

(2)

A resource consent under the Act may be granted or renewed in respect of the natural waters referred to in subclause (1) if—

(a)

in the case of a grant, the purpose is to replace a resource consent in force on the commencement of this order; or

(b)

in the case of a renewal, the purpose is to renew a resource consent in force on the commencement of this order—

and the new resource consent or renewed resource consent is made subject to similar terms and conditions to which the former resource consent was subject.

(3)

[Revoked]

Clause 5(1): amended, on 7 March 2013, by clause 6(2) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 5(2): replaced, on 7 March 2013, by clause 6(3) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 5(3): revoked, on 7 March 2013, by clause 6(4) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

6 Further partial retention of natural waters

(1)

Subject to subclause (2), because of the outstanding characteristics and features specified in clause 3 and for their protection downstream of the confluence of the Rakaia River with the Wilberforce River, the quantity and a rate of flow of the natural waters in the Rakaia River downstream of its confluence with the Wilberforce River and upstream of the Rakaia Gorge Bridge referred to in clause 2 shall be retained in their natural state.

(2)

A resource consent under the Act may be granted or renewed in respect of the natural waters referred to in subclause (1) if—

(a)

in the case of a grant, the purpose is to replace a resource consent in force on the commencement of this order; or

(b)

in the case of a renewal, the purpose is to renew a resource consent in force on the commencement of this order—

and the new resource consent or renewed resource consent is made subject to similar terms and conditions to which the former resource consent was subject.

(3)

[Revoked]

Clause 6(1): amended, on 7 March 2013, by clause 7(1) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 6(2): replaced, on 7 March 2013, by clause 7(2) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 6(3): revoked, on 7 March 2013, by clause 7(3) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

7 Further partial retention of natural waters

(1)

For the purposes of this clause, the term minimum gorge flow for each month shall be as follows:

(a)

January — 124 cubic metres per second:

(b)

February — 108 cubic metres per second:

(c)

March — 105 cubic metres per second:

(d)

April — 97 cubic metres per second:

(e)

May — 95 cubic metres per second:

(f)

June — 96 cubic metres per second:

(g)

July — 91 cubic metres per second:

(h)

August — 92 cubic metres per second:

(i)

September — 90 cubic metres per second:

(j)

October — 106 cubic metres per second:

(k)

November — 129 cubic metres per second:

(l)

December — 139 cubic metres per second.

(2)

Subject to subclauses (3) and (4), because of the outstanding characteristics and features specified in clause 3 in that part of the Rakaia River between the Rakaia Gorge Bridge referred to in clause 2 and the sea, and for their protection, the minimum gorge flow shall be retained in the river and, while the gorge flow does not exceed the minimum gorge flow, the flow in the river shall not be reduced by abstraction or diversion.

(3)

While the gorge flow exceeds the minimum gorge flow by less than 140 cubic metres per second, the flow in the river shall not be reduced by abstraction or diversion by more than half of the excess of the gorge flow over the minimum gorge flow.

(4)

While the gorge flow exceeds the minimum gorge flow by 140 cubic metres per second or more, the flow in the river shall not be reduced by abstraction or diversion by more than 70 cubic metres per second.

(5)

Nothing in this clause restricts the abstraction or diversion of stored water from the Rakaia River, or from any conveyance infrastructure constructed as part of the Lake Coleridge Project, by the holders of resource consents listed on the register and subject to the conditions of the resource consents listed on the register, provided that the flow in the river and in the canal shall not be reduced by abstraction or diversion by more than 70 cubic metres per second.

Clause 7(2): amended, on 7 March 2013, by clause 8(1) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 7(5): inserted, on 7 March 2013, by clause 8(2) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

8 Resource consent to dam not to be granted

(1)

Resource consents to dam any of the bodies of water specified in clause 4 shall not be granted under the Act.

(2)

Resource consents to dam any of the bodies of water referred to in clause 5 shall not be granted under the Act if the effect of such a resource consent would be that the provisions of this order cannot remain without change or variation.

Clause 8 heading: amended, on 7 March 2013, by clause 9(1) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 8(1): amended, on 7 March 2013, by clause 9(2) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 8(2): amended, on 7 March 2013, by clause 9(3)(a) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 8(2): amended, on 7 March 2013, by clause 9(3)(b) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 8(2): amended, on 7 March 2013, by clause 9(3)(c) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

9 Resource consents

(1)

Resource consents under the Act shall not be granted in respect of any part of the Rakaia River or its tributary streams for the purposes of constructing or maintaining stock barriers or facilitating agricultural encroachment into those bodies of water.

(2)

Resource consents under the Act shall not be so granted for any discharge into the Rakaia River downstream of its confluence with the Wilberforce River or any part of the bodies of water specified in clause 4, if the effect of the discharge would be to breach the following provisions and standards:

(a)

any discharge is to be substantially free from suspended solids, grease, and oil:

(b)

after allowing for reasonable mixing of the discharge with the receiving water—

(i)

the natural water temperature shall not be changed by more than 3 degrees Celsius:

(ii)

the acidity or alkalinity of the water as measured by the pH shall be within the ranges 6.5 to 8.3, except where due to natural causes:

(iii)

the waters shall not be tainted so as to make them unpalatable, nor contain toxic substances to the extent that they are unsafe for consumption by humans or by farm animals, nor shall they emit objectionable odours:

(iv)

there shall be no destruction of natural aquatic life by reason of a concentration of toxic substances:

(v)

the natural colour and clarity of the water shall not be changed to a conspicuous extent:

(vi)

the oxygen content in solution in the water shall not be reduced below 6 milligrams per litre:

(vii)

based on not fewer than 5 samples taken over not more than a 30-day period, the median value of the faecal coliform bacteria content of the waters shall not exceed 200 per 100 millilitres.

(3)

Subject to subclause (4), resource consents under the Act shall not be granted in respect of any part of the Rakaia River or its tributary streams, or of Lake Heron or Lake Coleridge or their tributary streams, where the effect of such resource consents would be that the provisions of this order cannot remain without change or variation.

(4)

Resource consents under the Act may be granted and general authorisations may be made in respect of any part of the waters specified in this clause for all or any of the following purposes:

(a)

research into, and enhancement of, fisheries and wildlife habitats:

(b)

the maintenance or protection of roads, bridges, pylons, and other necessary public utilities:

(c)

soil conservation and related matters undertaken pursuant to the Soil Conservation and Rivers Control Act 1941 or the Act:

(d)

the diversion, taking, and discharging of water from and to the Rakaia River to enable the Selwyn District Council to continue to provide for its rural water supply in accordance with, and on the same terms and conditions as, the water rights granted to it and in force on the date of commencement of this order:

(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:

(f)

the Lake Coleridge Project, as provided for in clause 9A(1).

Clause 9 heading: replaced, on 7 March 2013, by clause 10(1) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(1): amended, on 7 March 2013, by clause 10(2)(a) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(1): amended, on 7 March 2013, by clause 10(2)(b) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(1): amended, on 7 March 2013, by clause 10(2)(c) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(2): amended, on 7 March 2013, by clause 10(3) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(3): amended, on 7 March 2013, by clause 10(4)(a) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(3): amended, on 7 March 2013, by clause 10(4)(b) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(3): amended, on 7 March 2013, by clause 10(4)(c) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(3): amended, on 7 March 2013, by clause 10(4)(d) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(4): amended, on 7 March 2013, by clause 10(5)(a) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(4): amended, on 7 March 2013, by clause 10(5)(b) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(4)(c): amended, on 7 March 2013, by clause 10(5)(c) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(4)(d): amended, on 7 March 2013, by clause 10(5)(d) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9(4)(e): inserted, on 22 September 2011, by clause 4 of the National Water Conservation (Rakaia River) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 9(4)(f): inserted, on 7 March 2013, by clause 10(5)(e) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

9A Lake Coleridge Project

(1)

Nothing in this order shall restrict the granting of resource consents, or variation of existing resource consents, to enable the Lake Coleridge Project as defined in clause 2, provided that the outstanding characteristics and features recorded in clause 3 are recognised and sustained and provided that:

(a)

the Coleridge HEPS continues to operate,

(b)

the Lake Coleridge Project be operated such that the discharge from the Lake into the Rakaia River at or above the Coleridge HEPS shall not fall below 45% of the inflows to Lake Coleridge, both inflows and outflows being calculated as the 2-yearly rolling average of daily flows; and

(c)

whenever the Coleridge HEPS ceases to discharge water to the Rakaia River for more than 24 hours and the Rakaia River flow is within 30 cumecs of the minimum gorge flow prescribed in this order, the operator shall take immediate steps to shut off the Harper and Wilberforce diversions.

(2)

Subject to clause 2A, the maximum rate at which water can be discharged from Lake Coleridge through any canal constructed as part of the Lake Coleridge Project is 25 cubic metres per second, and the total maximum discharge rate from Lake Coleridge through the Lake Coleridge Hydroelectric Power Scheme and any canal constructed as part of the Lake Coleridge Project is 65 cubic metres per second.

(2A)

If the flow as measured at the recorder site maintained by the New Zealand Institute for Earth Science Limited at Fighting Hill (map reference K35:997437 on Map series NZMS260 for the preceding day is more than 10 cubic metres per second below the minimum flow set out in clause 7 then, during the next calendar day, only stored water may be released from Lake Coleridge along the canal referred to in clause 9A(2).

(2B)

Prior to applying for any resource consents pursuant to clause 9A(1), the enhancement fund must be established and an agreement must have been concluded with Canterbury Regional Council for the receipt, on an annual basis, of the hapua management fund.

(3)

Records shall be kept by the operator of the Lake Coleridge Hydroelectric Power Scheme enabling the calculation of the—

(a)

stored water within Lake Coleridge;

(b)

stored water that has been discharged from Lake Coleridge;

(c)

water (including stored water) being diverted into any canal from Lake Coleridge.

(4)

For the purposes of this order, and except as specified in clause 7(5), any abstractions or diversions of any water (including stored water) from any conveyance infrastructure constructed as part of the Lake Coleridge Project (other than water being discharged back into the Rakaia River from any such conveyance infrastructure) shall be treated as if those abstractions or diversions were from the Rakaia River between the Rakaia Gorge Bridge referred to in clause 2 and the sea.

Clause 9A: inserted, on 7 March 2013, by clause 11 of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 9A(2A): editorial change made by the PCO, on 24 September 2025, under sections 86(1) and 87(c) of the Legislation Act 2019 (2019 No 58).

10 Scope

Nothing in this order shall be construed as limiting the effect of the proviso in section 14(3)(a)(b) or (e) of the Act relating to the use of water for domestic needs, for the needs of animals, and for or in connection with firefighting purposes.

Clause 10: amended, on 7 March 2013, by clause 12(1) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Clause 10: amended, on 7 March 2013, by clause 12(2) of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

11 Restrictions on rules

No rule in a regional plan shall classify an activity as permitted which, if it required resource consent, would be prohibited by this order.

Clause 11: inserted, on 7 March 2013, by clause 13 of the National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443).

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 13 October 1988.

Notes

1 General

This is a consolidation of the National Water Conservation (Rakaia River) Order 1988 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68): section 6

National Water Conservation (Rakaia River) Amendment Order 2013 (Gazette 2013, p 443)

National Water Conservation (Rakaia River) Amendment Order 2011 (Gazette 2011, p 3823)

National Water Conservation (Rakaia River) Order 1988