Order name: amended, on 22 September 2011, by clause 4 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Paul Reeves, Governor-General

Order in Council

At Wellington this 2nd day of July 1990

Present:
His Excellency the Governor-General in Council

Note

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 Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

1	Title and commencement
2	Interpretation
3	Outstanding features
4	Restriction on lake openings and closings
5	Right to dam or to drain land not to be granted
6	Restriction on grant of water rights
7	Scope of this order
	Gazette Information
	Notes

Order

1 Title and commencement

(1)

This order may be cited as the National Water Conservation (Te Waihora/Lake Ellesmere) Order 1990.

(2)

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

Clause 1(1): amended, on 22 September 2011, by clause 4 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

2 Interpretation

In this order, unless the context otherwise requires,—

Act means the Resource Management Act 1991

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

m.s.l. means the elevation in metres above 1937 Lyttelton vertical datum

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.

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 Lake Ellesmere: revoked, on 22 September 2011, by clause 5 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 2 lake level: substituted, on 22 September 2011, by clause 5 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 2 m.a.s.l.: revoked, on 22 September 2011, by clause 5 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 2 m.s.l.: added, on 22 September 2011, by clause 5 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 2 Te Waihora/Lake Ellesmere: added, on 22 September 2011, by clause 5 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

3 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.

Clause 3: substituted, on 22 September 2011, by clause 6 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

4 Restriction on lake openings and closings

(1)

Subject to subclause (2), because of the outstanding features specified in clause 3, a resource consent shall not be granted under sections 9, 12 and 14 of the Act allowing Te Waihora/Lake Ellesmere to be artificially opened to the sea or artificially closed from the sea.

(2)

A resource consent may be so granted—

(a)

to allow the lake to be artificially opened to the sea whenever the lake level—

(i)

exceeds 1.05 m.a.s.l. during any period commencing on 1 August and ending with 31 March next following; or

(ii)

exceeds 1.13 m.a.s.l. during any period commencing on 1 April and ending with 31 July next following:

(b)

to allow the lake to be artificially opened to the sea at any time during any period commencing on 15 September and ending with 15 October next following:

(c)

to allow the lake to be artificially opened to the sea at any time during the period commencing on 1 April and ending with 15 June next following:

(d)

to allow the lake to be artificially closed from the sea whenever the lake level is below 0.6 m.a.s.l. during any period commencing on 1 October and ending with 31 March next following.

Clause 4(1): amended, on 22 September 2011, by clause 4 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 4(1): amended, on 22 September 2011, by clause 7(1) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 4(2): amended, on 22 September 2011, by clause 7(2) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 4(2)(c): inserted, on 22 September 2011, by clause 7(3) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 4(2)(d) paragraph number: substituted, on 22 September 2011, by clause 7(4) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

5 Right to dam or to drain land not to be granted

(1)

Subject to subclauses (2) to (4), because of the outstanding features specified in clause 3, a resource consent shall not be granted under sections 9, 13 and 14 of the Act allowing the damming, stopbanking, polderisation, or drainage of any part of Te Waihora/Lake Ellesmere where the lake bed is below 1.20 m.s.l. in elevation.

(2)

A resource consent to polderise for fish-farming or for research into fisheries may be so granted if there is no significant impact on the outstanding features of Te Waihora/Lake Ellesmere specified in clause 3.

(3)

A resource consent may be so granted for any stopbanks, drains, and other uses of water which existed on 27 June 1986.

(4)

A resource consent may be so granted for works associated with the maintenance of those outlets of rivers, streams, and drains, and of those stopbanks, which existed on 27 June 1986.

Clause 5(1): amended, on 22 September 2011, by clause 4 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 5(1): amended, on 22 September 2011, by clause 8(1) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 5(1): amended, on 22 September 2011, by clause 8(2) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 5(2): amended, on 22 September 2011, by clause 4 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 5(2): amended, on 22 September 2011, by clause 8(3) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 5(3): amended, on 22 September 2011, by clause 8(3) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 5(4): amended, on 22 September 2011, by clause 8(3) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

6 Restriction on grant of water rights

(1)

A resource consent shall not be granted under sections 9, 12, 13 and 14 of the Act in respect of the waters of Te Waihora/Lake Ellesmere if the effect of such a right or authorisation would be that the provisions of this order could not be observed without those provisions being changed or varied.

(2)

Notwithstanding anything in this order, it shall be lawful for a resource consent to be so granted for research into and enhancement of, habitat for wildlife, indigenous wetland vegetation and fish, and significance in accordance with tikanga Māori in respect of Ngāi Tahu history, mahinga kai and customary fisheries.

Clause 6(1): amended, on 22 September 2011, by clause 4 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 6(1): amended, on 22 September 2011, by clause 9(1) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Clause 6(2): substituted, on 22 September 2011, by clause 9(2) of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

7 Scope of this order

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

Clause 7: amended, on 22 September 2011, by clause 10 of the National Water Conservation (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823).

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 5 July 1990.

Notes

1 General

This is a consolidation of the National Water Conservation (Te Waihora/Lake Ellesmere) Order 1990 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 (Te Waihora/Lake Ellesmere) Amendment Order 2011 (Gazette 2011, p 3823)

National Water Conservation (Te Waihora/Lake Ellesmere) Order 1990