Resource Management Act 1991

Water

14 Restrictions relating to water

(1)

No person may take, use, dam, or divert any open coastal water, or take or use any heat or energy from any open coastal water, in a manner that contravenes a national environmental standard or a regional rule unless the activity—

(a)

is expressly allowed by a resource consent; or

(b)

is an activity allowed by section 20A.

(2)

No person may take, use, dam, or divert any of the following, unless the taking, using, damming, or diverting is allowed by subsection (3):

(a)

water other than open coastal water; or

(b)

heat or energy from water other than open coastal water; or

(c)

heat or energy from the material surrounding geothermal water.

(3)

A person is not prohibited by subsection (2) from taking, using, damming, or diverting any water, heat, or energy if—

(a)

the taking, using, damming, or diverting is expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent; or

(b)

in the case of fresh water, the water, heat, or energy is required to be taken or used for—

(i)

an individual’s reasonable domestic needs; or

(ii)

the reasonable needs of a person’s animals for drinking water,—

and the taking or use does not, or is not likely to, have an adverse effect on the environment; or

(c)

in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Maori for the communal benefit of the tangata whenua of the area and does not have an adverse effect on the environment; or

(d)

in the case of coastal water (other than open coastal water), the water, heat, or energy is required for an individual’s reasonable domestic or recreational needs and the taking, use, or diversion does not, or is not likely to, have an adverse effect on the environment; or

(e)

the water is required to be taken or used for emergency or training purposes in accordance with section 48 of the Fire and Emergency New Zealand Act 2017.

Section 14(1): replaced, on 1 October 2009, by section 14(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 14(2): replaced, on 1 October 2009, by section 14(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 14(3): amended, on 1 October 2009, by section 14(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 14(3)(a): amended, on 1 October 2009, by section 14(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 14(3)(b)(ii): amended, on 19 April 2017, by section 8 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 14(3)(e): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).