(1) This order may be cited as the Water Conservation (Kawarau) Order 1997.

(2) This order comes into force on the 28th day after the date of its notification in the Gazette.

In this order, unless the context otherwise requires,—

(1) It is declared that the waters described in Schedule 1 contain 1 or more of the following outstanding amenity and intrinsic values which are afforded by waters in their natural state:

• (a) natural and physical qualities and characteristics that contribute to—

  • (i) people’s appreciation of pleasantness of waters:

  • (ii) aesthetic coherence:

  • (iii) cultural and recreational attributes:

• (b) biological and genetic diversity of ecosystems:

• (c) essential characteristics that determine the ecosystem’s integrity, form, functioning, and resilience.

(2) Because of the outstanding amenity and intrinsic values recognised in subclause (1), these outstanding values shall be sustained.

(3) Because of the outstanding amenity and intrinsic values recognised in subclause (1), it is declared that the water bodies set out in Schedule 1 are outstanding in their natural state.

(4) Because the water bodies set out in Schedule 1 are recognised to be outstanding in their natural state, they must be preserved as far as possible in their natural state.

(5) Except as provided in clauses 5 and 6, the exercise by a regional council of its functions and powers under section 30(1)(e) and (f) of the Act (as they relate to water) are restricted or prohibited so as to retain the preserved waters as far as possible in their natural state.

(1) It is declared that the waters set out in Schedule 2 which are no longer in their natural state contain 1 or more amenity and intrinsic values which warrant protection because they are considered outstanding.

(2) Because of the outstanding amenity and intrinsic values recognised in subclause (1), these outstanding values shall be sustained.

(3) Because of the outstanding amenity and intrinsic values recognised in subclause (1), it is declared that the water bodies described in Schedule 2 contain 1 or more of the following outstanding characteristics, as set out in Schedule 2:

• (a) as a habitat for terrestrial and aquatic organisms:

• (b) as a fishery:

• (c) for its wild, scenic, and other natural characteristics:

• (d) for scientific values:

• (e) for recreational, or historical purposes:

• (f) for significance in accordance with tikanga Maori.

(4) Because of the outstanding characteristics specified in subclause (3), the characteristics of the waters, as set out in Schedule 2, are protected.

(5) Except as provided in this order the exercise by a regional council of its functions and powers under section 30(1)(e) and (f) of the Act (as they relate to water) are restricted or prohibited as set out in Schedule 2.

The restrictions and prohibitions in clauses 3(5) and 4(5) and Schedule 2 do not limit the regional council’s functions or powers to grant a resource consent or to make a rule for any part of the preserved waters or protected waters for all or any of the following purposes:

• (a) maintenance or protection of any network utility operation (as defined in section 166 of the Act) or any public or private road or any bridge:

• (b) maintenance of soil conservation and river protection works:

• (c) research into, protection of, enhancement of, or restoration of, values and characteristics for which the water bodies are being preserved or protected, as the case may be:

• (d) on the same or similar conditions for any lawful use of water being undertaken immediately before the date on which this order came into force.

(1) This clause applies to—

• (a) the Dart River mainstem from Lake Wakatipu to its confluence with the Beans Burn; and

• (b) the Rees River mainstem from Lake Wakatipu to its confluence with Hunter Stream; and

• (c) the Shotover River from the present State highway bridge (NZTopo50 CC11 657 082) to its confluence with the Kawarau River.

(2) The restrictions and prohibitions in clause 4(5) and Schedule 2 do not limit the regional council’s functions and powers to grant a resource consent or to make a rule for the waters referred to in subclause (1) for all or any of the following purposes:

• (a) the construction, maintenance, and protection of roads and bridges except for the water body referred to in subclause (1)(c):

• (b) any exercise of the powers of a Catchment Board under the Soil Conservation and Rivers Control Act 1941:

• (c) any exercise of the powers of a River Board or local authority under the River Boards Act 1908:

• (d) any exercise of the powers of a Land Drainage Board or local authority under the Land Drainage Act 1908.

(3) The purposes in subclause (2) include—

• (a) the undertaking of work necessary to prevent or control soil erosion and flooding affecting properties adjacent to the above water bodies and any connected water bodies including work in the riverbed such as (but not by way of limitation) the diversion of water and damming of water to construct river training works, groynes, and other flood protection works:

• (b) the maintenance of existing flood protection and erosion control works both in and adjacent to the above water bodies:

• (c) action taken in accordance with section 330 of the Resource Management Act 1991 to carry out any of the works referred to in paragraphs (a) and (b).

The restrictions and prohibitions in clauses 3(5) and 4(5) and Schedule 2 do not limit the regional council’s functions in respect of any part of the preserved or protected waters to replace any existing resource consent or grant any resource consent in substitution for an expiring resource consent if the new resource consent is granted on substantially the same terms and conditions as the existing or expiring resource consent.

Nothing in this order affects the levels of Lake Dunstan or the operation of the Clyde power station.

Nothing in this order limits the effect of sections 14(3)(b) and 14(3)(e) of the Act relating to the use of water for an individual’s reasonable domestic needs, the reasonable needs of an individual’s animals for drinking water, and for firefighting purposes.