Water Conservation (Kawarau) Order 1997

Reprint
as at 12 December 2013

Coat of Arms of New Zealand

Water Conservation (Kawarau) Order 1997

(SR 1997/38)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 17th day of March 1997

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry for the Environment.


Pursuant to sections 214 of the Resource Management Act 1991, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following order.

Order

1 Title and commencement
  • (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.

2 Interpretation
3 Preservation in natural state
  • (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.

4 Protection of characteristics
  • (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.

5 Exemptions
  • 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.

6 Further exemptions
  • (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):

    (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).

    Clause 6(1)(b): amended, on 15 December 2011, by clause 4(1) of the Water Conservation (Kawarau) Amendment Order 2011 (Gazette 2011, p 5046).

    Clause 6(1)(c): added, on 15 December 2011, by clause 4(2) of the Water Conservation (Kawarau) Amendment Order 2011 (Gazette 2011, p 5046).

    Clause 6(2)(a): amended, on 15 December 2011, by clause 4(3) of the Water Conservation (Kawarau) Amendment Order 2011 (Gazette 2011, p 5046).

    Clause 6(3)(a): amended, on 15 December 2011, by clause 4(4) of the Water Conservation (Kawarau) Amendment Order 2011 (Gazette 2011, p 5046).

7 Provisions for Nevis River
  • [Revoked]

    Clause 7: revoked, on 12 December 2013, by clause 4 of the Water Conservation (Kawarau) Amendment Order 2013 (SR 2013/450).

8 Existing permits may be replaced
  • 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.

9 Lake Dunstan not affected
  • Nothing in this order affects the levels of Lake Dunstan or the operation of the Clyde power station.

10 Scope
  • 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.


Schedule 1
Waters to be preserved

cl 2

All map references NZMS 1

Waters Outstanding amenity and intrinsic values
Dart River mainstem above the Beans Burn confluence to source (S113:226162 to S114:465360): a, b, c, e, f
All tributaries of the Dart River within the boundaries of the Mount Aspiring National Park, excluding Route Burn, but including the sections of the Rock Burn and Beans Burn within the boundary of the Mount Aspiring National Park: a, b, c, e, f
Parts of tributaries of the Dart River not within the Mount Aspiring National Park; Rock Burn (S113:237131 to S113:234129); Beans Burn (S113:226162 to S113:221170): a, b, c, e, f
Route Burn from confluence with Dart River to source, and all its tributaries, including Left Branch and North Branch (S122:245058 to S122:125093 and S113:135145): a, b, c, d, e, f
Rees River mainstem about Hunter Stream confluence to source (S114:363204 to S114:451273): a, b
All tributaries of the Rees River within the boundaries of the Mount Aspiring National Park: a, b
Greenstone River mainstem from Lake Wakatipu to source, including Lake McKellar and its tributaries (S122:292812 to S122:112927 and S122:084929): a, d, f
Caples River mainstem from Greenstone River confluence to source (S122:260812 to S122:128960 and S122:135901): a, d, f
Lochnagar and Lake Creek (at or about S114:490230; and S114:526193 to S114:503230): f
Nevis wetland (all water bodies upstream of S143:768240 on a tributary of Roaring Lion Creek). f

Key:

Amenity values:

  • (a) natural and physical qualities and characteristics that contribute to people’s appreciation of pleasantness of waters:

  • (b) natural and physical qualities and characteristics that contribute to aesthetic coherence:

  • (c) natural and physical qualities and characteristics that contribute to cultural attributes:

  • (d) natural and physical qualities and characteristics that contribute to recreational attributes.

Intrinsic values:

  • (e) biological and genetic diversity of ecosystems:

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

Schedule 2
Waters to be protected

cl 2

All map references are NZMS 1 unless otherwise stated

Waters Outstanding characteristics Restrictions and prohibitions
Kawarau River mainstem from Scrubby Stream to Lake Wakatipu control gates (S133:940715 to S132:615707) 
  • (c) wild and scenic characteristics;

  • (c) natural characteristics, in particular the return flow in the upper section when the Shotover River is in high flood;

  • (d) scientific values, in particular the return flow in the upper section when the Shotover River is in high flood;

  • (e) recreational purposes, in particular rafting, jetboating, and kayaking.

 
  • (i) no damming allowed;

  • (ii) water quality to be managed to Class CR standard.

Nevis River mainstem gorge from Nevis Crossing to Kawarau River confluence (NZTM: 5002690.6 N, 1287862.0 E to 4989927.5 N, 1285354.6 E) 
  • (a) native fishery habitat (non-migratory galaxiids);

  • (c) wild and scenic characteristics;

  • (e) recreational purposes, in particular fishing and kayaking.

 
  • (i) no damming or diversion allowed;

  • (ii) water quality to be managed to Class CR, Class F, and Class FS standards.

Nevis River mainstem above Nevis Crossing to source (NZTM: 4989927.5 N, 1285354.6 E to 4959907.3 N, 1269995.5 E) 
  • (a) native fishery habitat (non-migratory galaxiids);

  • (c) scenic characteristics;

  • (d) scientific – biogeographic river capture;

  • (e) recreational purposes, in particular fishing.

 
  • (i) no damming or diversion allowed;

  • (ii) water quality to be managed to Class F and Class FS standards.

Nevis River tributaries 
  • (a) native fishery habitat (non-migratory galaxiids).

  
Shotover River mainstem (at or about S132:645720 to S114:542262) 
  • (c) wild and scenic characteristics;

  • (c) natural characteristics, in particular the high natural sediment load and active delta at confluence with Kawarau River;

  • (d) scientific value, in particular the high natural sediment load and active delta at confluence with Kawarau River;

  • (e) recreational purposes, in particular rafting, kayaking, and jetboating;

  • (f) historical purposes, in particular goldmining.

 
  • (i) no damming allowed;

  • (ii) water quality to be managed to Class CR standard.

Dart River mainstem from Lake Wakatipu to confluence with Beans Burn (at or about S122:291916 to S113:226162) 
  • (a) habitat for wildlife;

  • (c) scenic characteristics;

  • (c) natural characteristics, in particular natural turbidity;

  • (d) scientific value, in particular natural turbidity;

  • (g) significance in accordance with tikanga Maori, in particular sites at the mouth of the river.

 
  • (i) no damming allowed;

  • (ii) braiding of water to be maintained.

Rees River mainstem from Lake Wakatipu to confluence with Hunter (at or about S123:301915 to S114:363204) 
  • (a) habitat for wildlife;

  • (c) scenic characteristics;

  • (g) significance in accordance with tikanga Maori, in particular sites at the mouth of the river.

 
  • (i) no damming allowed;

  • (ii) braiding of water to be maintained.

Diamond Lake, Diamond Creek, and Reid Lake (at or about S122:290050; S122:299036 to S123:305987) 
  • (a) habitat for wildlife and quinnat salmon;

  • (b) fishery.

 
  • (i) no damming allowed;

  • (ii) fish passage to be maintained;

  • (iii) water quality to be managed to Class F and Class FS standards.

Lake Wakatipu (from outlet at control gates (S132:615707) to confluences of Dart River (at or about S122:291916) and Rees River (at or about S123:301915) and including whole lake) 
  • (b) fishery;

  • (c) scenic characteristics;

  • (d) scientific value, in particular water clarity, and bryophyte community;

  • (e) recreational purposes, in particular boating;

  • (g) significance in accordance with tikanga Maori, in particular sites at the head of the lake, and the legend of the lake itself.

 
  • (i) fish passage to be maintained;

  • (ii) water quality to be managed to Class AE, Class CR, Class F, and Class FS standards.

Lochy River mainstem (S132:592511 to S142:328409 and S142:307380) 
  • (b) fishery;

  • (e) recreational purposes, in particular fishing.

 
  • (i) fish passage to be maintained;

  • (ii) water quality to be managed to Class F and Class FS standards.

Von River mainstem (S132:353629 to S141:288380 and S131:216620) 
  • (b) fishery;

  • (e) recreational purposes, in particular fishing.

 
  • (i) fish passage to be maintained;

  • (ii) water quality to be managed to Class F and Class FS standards.

Key:

Outstanding characteristics (s 199(2)(b) and (c) of Act):

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

  • (b) as a fishery:

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

  • (d) for scientific and ecological values:

  • (e) for recreational purposes:

  • (f) for historical purposes:

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

Restrictions and prohibitions:

References to classes are Water quality classes as in Schedule 3 of the Act.

  • Schedule 2: amended, on 12 December 2013, by clause 5 of the Water Conservation (Kawarau) Amendment Order 2013 (SR 2013/450).

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 March 1997.


Reprints notes
1 General
  • This is a reprint of the Water Conservation (Kawarau) Order 1997 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint