Water Conservation (Buller River) Order 2001

Reprint
as at 2 October 2008

Crest

Water Conservation (Buller River) Order 2001

(SR 2001/139)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 18th day of June 2001

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This order is administered by the Ministry for the Environment.

Pursuant to sections 214 and 423 of the Resource Management Act 1991, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title

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

2 Commencement

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

3 Interpretation

  • In this order, unless the context otherwise requires,—

    NTU means Nephelometric Turbidity Unit

    reasonable mixing means the mixing that occurs—

    • (a) within a maximum radius of 200 metres from a discharge into a still water body; or

    • (b) within a maximum distance of 200 metres downstream from a discharge into a river

    river means the main stem of the waters specified in Schedule 1, 2, or 3; and includes any unnamed naturally occurring still water bodies that lie along the main stem

    tributaries means all the tributaries of the rivers or sections of rivers identified in Schedule 1, 2, or 3.

4 Outstanding characteristics and features

  • 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.

5 Waters to be retained in natural state

  • 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.

6 Waters to be protected

  • 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.

    Clause 6(b): amended, on 2 October 2008, by clause 4 of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

7 Restrictions on damming of waters

  • (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.

    Clause 7(1)(a): amended, on 2 October 2008, by clause 5 of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

8 Restrictions on alterations of river flows and form

  • (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.

    Clause 8(3)(c): substituted, on 2 October 2008, by clause 6 of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

9 Restrictions on alteration of lake levels

  • 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.

    Clause 9: amended, on 2 October 2008, by clause 7 of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

10 Requirement to maintain fish passage

  • 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.

    Clause 10: substituted, on 2 October 2008, by clause 8 of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

11 Restrictions on alteration of water quality

  • (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.

12 Conditions applying to Lake Matiri and Matiri River

  • (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.

    Clause 12(3): amended, on 2 October 2008, by clause 9(1) of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

    Clause 12(4): added, on 2 October 2008, by clause 9(2) of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

13 Scope of order

  • (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

    (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.

14 Exemptions

  • 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.

Schedule 1
Waters to be retained in natural state

cl 5

ItemWatersOutstanding characteristics or features
1Travers RiverHeadwater trout fishery
Wild and scenic
2Lake RotoitiTrout fishery
Wild and scenic
Canoeing
Eel fishery
3Sabine RiverHeadwater trout fishery
Wild and scenic
4Lake ConstanceWild and scenic
5D'Urville RiverHeadwater trout fishery
Wild and scenic
6Lake RotoroaTrout fishery
Eel fishery
Wild and scenic
7Owen River and all tributaries upstream of and including Halfway Creek and Fyfe River upstream of the boundary of the public conservation estate and private land (map reference M28 698 550)Headwater trout fishery
Karst features (scientific values)
8Matiri River upstream of map reference M28 550 517Wild and scenic
Native fishery
9Matakitaki River upstream of the boundary between conservation estate and private land (map reference M30 700 070)Headwater trout fishery
Wild and scenic
10Nardoo CreekTrout spawning habitat
Wild and scenic
11Glenroy River upstream of Granity Creek (map reference M30 546 004)Wild and scenic
12Maruia River and all tributaries upstream of Alfred River confluenceBlue duck
Wild and scenic
13Lake DaniellsRainbow trout fishery
Wild and scenic
Native fishery
14Deepdale RiverHeadwater trout fishery
15Te Wharau Creek (Stony River)Headwater trout fishery
16Blackwater River and Ohikaiti RiverWild and scenic
Blue duck
Native fishery
17Ohikanui River and all its tributariesHeadwater trout fishery
Wild and scenic
Native fishery
Blue duck

Schedule 2
Protected waters

cl 6

ItemWatersOutstanding characteristics or featuresRestrictions and prohibitions
1Buller River from Lake Rotoiti to Gowan confluenceTrout fishery Canoeing (Lake Rotoiti to Teetotal Creek map reference N29 916 383)cls 7, 8(1), 8(2), 10, and 11
2Buller River from Gowan confluence to map reference M29 537 350Trout fishery
Canoeing
Rafting		cls 7, 8(1)(a), 8(2), 8(3), 10, and 11
3Buller River from map reference M29 537 350 to Maruia confluenceTrout fishery
Canoeing
Rafting
Wild and scenic		cls 7, 8(1)(a), 8(2), 8(4), 10, and 11
4Buller River from Maruia confluence to Iron BridgeCanoeing
Rafting
Wild and scenic		cls 7, 8(1), 8(2), 10, and 11
5Buller River from Iron Bridge to Te KuhaRafting
Wild and scenic		cls 7, 8(1), 8(2), 10, and 11
5ABlack Valley Stream (downstream of GR N29 985345)Trout spawning habitatcls 7, 8(1), 8(2), 10, and 11
6Speargrass CreekTrout spawning habitatcls 7, 8(1), 8(2), 10, and 11
7Maggie CreekTrout spawning habitatcls 7, 8(1), 8(2), 10, and 11
8Maud CreekTrout spawning habitatcls 7, 8(1), 8(2), 10, and 11
9Station CreekTrout spawning habitatcls 7, 8(1), 8(2), 10, and 11
10Gowan RiverRafting, trout fishery, contribution to outstanding trout fisheries, contribution to outstanding eel fisherycls 7, 8(1)(a), 8(2), 8(3)(c), 10, and 11
11Mangles RiverHeadwater trout fishery
Wild and scenic		cls 7, 8(1), 8(2), 10, and 11
12Tutaki River and its tributary, the Tiraumea RiverHeadwater trout fisherycls 7, 8(1), 8(2), 10, and 11
13Owen River downstream from the confluence of Halfway CreekHeadwater trout fisherycls 7, 8(1), 8(2), 10, and 11
14Fyfe River downstream of map reference M28 698 550, Sandstone Creek, Johnstons Creek, Brewery Creek, and their tributariesTrout spawning habitat
Blue duck		cls 7, 8(1), 8(2), 10, and 11
15Mole StreamTrout spawning habitat
Wild and scenic		cls 7, 8(1), 8(2), 10, and 11
16Maruia River downstream of Alfred River confluence and including the Alfred River to the upper end of the Mainstem Gorge at the Jones Creek confluence (map reference L30 434 017)Headwater trout fishery
Wild and scenic		cls 7, 8(1), 8(2), 10, and 11
17Maruia River Mainstem Gorge from the Jones Creek confluence (map reference L30 434 017) to the Aerial Ropeway (map reference L30 429 120)Headwater trout fishery
Canoeing
Rafting		cls 7, 8(1), 8(2), 10, and 11
18Maruia River from Aerial Ropeway (map reference L30 429 120) to the confluence of the Buller RiverHeadwater trout fishery
Canoeing		cls 7, 8(1), 8(2), 10, and 11
19Flat Creek, Warwick Creek, Rappahannock River, Station Creek, Woolley River, and Rahu RiverHeadwater trout fishery
Trout spawning habitat
Native fishery		cls 7, 8(1), 8(2), 10, and 11
20Lake RahuiWildlife habitatcls 9, 10, and 11

  • Schedule 2 item 5A: inserted, on 2 October 2008, by clause 10(a) of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

  • Schedule 2 item 10: amended, on 2 October 2008, by clause 10(b) of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

Schedule 3
Protected waters (Lake Matiri and Matiri River)

cl 6

  • Schedule 3 heading: substituted, on 2 October 2008, by clause 11(a) of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

ItemWatersOutstanding characteristics or featuresRestrictions and prohibitions
1Lake Matiri and Matiri River downstream from map reference M28 550 517 to Lake Matiri outletWild and scenic
Wildlife habitat
Native fishery		cls 11 and 12
2Matiri River from the outlets of Lake Matiri to the confluence with the Buller RiverContribution to outstanding native fisherycls 11 and 12

  • Schedule 3: amended, on 2 October 2008, by clause 11(b) of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

  • Schedule 3 item 2: added, on 2 October 2008, by clause 11(c) of the Water Conservation (Buller River) Amendment Order 2008 (Gazette 2008, p 3620).

Marie Shroff,
Clerk of the Executive Council.

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

Date of notification in Gazette: 21 June 2001.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Water Conservation (Buller River) Order 2001. The reprint incorporates all the amendments to the order as at 2 October 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Gazette 2008, p 3620