This order is the Water Conservation (Buller River) Order 2001.

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,—

The waters specified in any of Schedule 1, 2, or 3 include, to the extent identified in Schedule 1, 2, or 3, the following outstanding characteristics, features, and values:

• (a) outstanding recreational characteristics:

• (b) outstanding wild and scenic characteristics:

• (c) outstanding fisheries or wildlife habitat features:

• (d) outstanding scientific values.

Because of the outstanding characteristics, features, and values identified in clause 4, the quality, quantity, level, and rate of flow of the waters specified in Schedule 1 are to be retained in their natural state.

Because of the outstanding characteristics, features, and values identified in clause 4,—

• (a) the waters specified in Schedule 2 are to be protected in accordance with the restrictions and prohibitions in clauses 7 to 11, as specified in Schedule 2:

• (b) the waters specified in Schedule 3 are to be protected in accordance with the restrictions and prohibitions in clauses 11 and 12, as specified in Schedule 3.

(1) For the purposes of this clause, damming does not include any intake or deflection structure that does not—

• (a) harm any fish spawning or prevent the passage of any fish; or

• (b) prevent the use of the waters for rafting or canoeing; or

• (c) reduce the wildlife habitat; or

• (d) intrude visually to the extent that it reduces wild and scenic values.

(2) No resource consent may be granted or rule included in a regional plan permitting the damming of the waters specified in Schedule 2 whenever any of the characteristics in subclause (1) are listed as outstanding in Schedule 2 and that schedule refers to this clause.

(1) No resource consent may be granted or rule included in a regional plan—

• (a) if the effect of the resource consent or rule would not generally maintain the channel cross-section, meandering pattern, and braided river channel characteristics of the form of any river specified in Schedule 2:

• (b) if the effect of the resource consent or rule would alter the naturally occurring instantaneous flow of the water in any river specified in Schedule 2 by more than 5%.

(2) The restriction in subclause (1)(a) does not apply in respect of dams, weirs, roads, fords, bridges, access ways, or fish passes lawfully existing on the date this order comes into force.

(3) Despite anything in subclause (1),—

• (a) any change in flow permitted in that part of the Buller River specified in item 2 of Schedule 2 must not be greater than 10% of the naturally occurring instantaneous flow:

• (b) any change in flow permitted in that part of the Buller River specified in item 3 of Schedule 2 must not be greater than 15% of the naturally occurring instantaneous flow:

• (c) any change in flow permitted in the Gowan River, item 10 of Schedule 2, must not be:

  • (i) greater than 15% of the naturally occurring instantaneous flow whenever that flow is 16 cumecs or more but less than 27 cumecs; or

  • (ii) greater than 25% of the naturally occurring instantaneous flow whenever that flow is 27 cumecs or more; or

  • (iii) greater than 5% of the naturally occurring instantaneous flow whenever that flow is less than 16 cumecs.

No resource consent may be granted or rule included in a regional plan for the waters of Lake Rahui, item 20 of Schedule 2, if the effect of that resource consent or rule would alter the mean natural level of the lake or allow a daily fluctuation that exceeds—

• (a) 10% of the natural annual fluctuation; or

• (b) the natural limits of fluctuation.

No resource consent may be granted or rule included in a regional plan for the waters specified in Schedule 1 or Schedule 2 unless that resource consent or rule maintains:

• (a) adequate natural or artificial passage for trout through those waters where Schedule 1 or Schedule 2 identifies trout as an outstanding characteristic or identifies those waters as contributing to outstanding trout fisheries; and

• (b) adequate natural or artificial passage through those waters for those native fish that require such passage where Schedule 1 or Schedule 2 identifies native fish as an outstanding characteristic or identifies those waters as contributing to outstanding native fisheries. To avoid doubt, reference to native fisheries includes eel fisheries.

(1) No resource consent may be granted or rule included in a regional plan permitting a discharge into any of the waters specified in Schedule 2 if, after allowing for reasonable mixing of the discharge with the receiving waters, the discharge would—

• (a) alter the concentration of suspended solids or turbidity in the receiving waters by more than 1 milligram per litre or 1 NTU where the ambient concentration of suspended solids or turbidity is less than or equal to 10 milligrams per litre or 10 NTU respectively; or

• (b) alter the ambient concentration of suspended solids or turbidity in the receiving waters by more than 10 milligrams per litre or 10 NTU where the concentration of suspended solids or turbidity is more than 10 milligrams per litre or 10 NTU respectively; or

• (c) alter the visual clarity of the waters by more than 20%; or

• (d) alter the natural temperature of the receiving waters—

  • (i) by more than 3 degrees Celsius; or

  • (ii) by increasing the water temperature to more than 20 degrees Celsius; or

  • (iii) so as to adversely affect, during their spawning season, the spawning of—

    • (A) rainbow and brown trout:

    • (B) inanga:

    • (C) kōaro:

    • (D) giant, banded, and short-jawed kōkopu:

    • (E) alpine, long-jawed, dwarf, and common galaxias.

(2) No resource consent may be granted or rule included in a regional plan permitting the discharge into any of the waters specified in Schedule 2 or Schedule 3 unless, after allowing for reasonable mixing of the discharge with the receiving waters,—

• (a) any change in the acidity or alkalinity in the receiving waters, as measured by the pH and attributable to that discharge, would either—

  • (i) maintain the pH within the range of 6 to 9 units; or

  • (ii) not allow a change by more than 0.5 units when the natural pH lies outside the range of 6 to 9 units; and

• (b) there would be no undesirable biological growths attributable to the discharge, including—

  • (i) bacterial or fungal slime growths that are visible to the naked eye; or

  • (ii) seasonal maximum covers of streams or river beds by—

    • (A) periphyton as filamentous growth or mats (larger than 3 millimetres thick) exceeding 40%; or

    • (B) biomass exceeding 100 milligrams of chlorophyll-a per square metre; or

    • (C) 40 grams ash-free dry weight per square metre of exposed surface area; and

• (c) aquatic organisms are not made unsuitable for human consumption through the accumulation of excessive concentrations of contaminants; and

• (d) the water is not made unsuitable for recreation by the presence of contaminants, or the median bacterial level of 5 samples or more taken over a period of 30 days would not exceed 126 E coli per 100 millilitres.

(3) No resource consent may be granted or rule included in a regional plan permitting a discharge into any of the waters specified in Schedule 2 if, after allowing for reasonable mixing of the discharge with the receiving waters, the discharge would reduce the concentration of dissolved oxygen below 80% of saturation.

(4) For the purposes of subclause (3), if the natural concentration is less than 80% of saturation, the natural level must be maintained or increased.

(1) No resource consent may be granted or rule included in a regional plan for the waters of Lake Matiri, item 1 of Schedule 3, if the effect of the resource consent or rule would—

• (a) allow the level of Lake Matiri to exceed the natural range; or

• (b) allow the mean level of Lake Matiri to exceed 0.5 metres above the naturally occurring mean level.

(2) A resource consent may be granted or a rule included in a regional plan that has the effect of allowing the level of the waters in Lake Matiri to be controlled within its natural range if—

• (a) the maximum daily lake level fluctuation, caused by artificial control, would not exceed 50% of the existing natural range; and

• (b) fluctuations in lake level, caused by artificial control, would not significantly affect riparian vegetation.

(3) No resource consent may be granted or rule included in a regional plan for a structure in any of the waters specified in item 1 of Schedule 3 unless the structure allows for the passage of eels and kōaro in both directions.

(4) No resource consent may be granted or rule included in a regional plan for a structure in any of the waters specified as item 2 in Schedule 3 unless the structure allows for the passage of eels in both directions.

(1) This order does not limit section 14(3)(b) and (e) of the Act, which relates to the use of water for domestic needs, for the needs of animals, and for, or in connection with, fire-fighting purposes.

(2) This order does not restrict or prevent the grant of resource consents to the Department of Conservation or rules being included in a regional plan that would permit minor water uses if those minor uses are necessary for the management of land administered by the Department.

(3) This order does not restrict or prevent the grant of resource consents for the purpose of—

• (a) research into, and enhancement of, fisheries and wildlife habitats; or

• (b) hydrological or water quality investigations; or

• (c) the construction, maintenance, or protection of any road or bridge, or the maintenance or protection of any other network utility operation (as defined in section 166 of the Act); or

• (d) the construction or maintenance of soil conservation and river protection works undertaken in accordance with the Soil Conservation and Rivers Control Act 1941.

(4) This order does not prevent the granting of further resource consents for the Maruia Springs Thermal Resort on similar terms and conditions to those imposed on the resource consents held on the date this order comes into force.

Nothing in this order prevents the grant of a resource consent that would otherwise contravene the conditions set out in clauses 7 to 12 if—

• (a) a consent authority is satisfied that—

  • (i) there are exceptional circumstances to justify the grant of the resource consent; or

  • (ii) any discharge is of a temporary nature; or

  • (iii) any discharge is associated with necessary construction and maintenance work for works and structures not otherwise prohibited by this order; and

• (b) a consent authority is satisfied that the exercise of any such resource consent would not compromise the preservation and protection of the outstanding characteristics and features identified for the waters specified in the schedules.