These regulations are the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010.

These regulations come into force on 10 November 2010.

In these regulations, unless the context requires another meaning,—

Unless the context requires another meaning, a term or expression that is defined in the Act and used, but not defined, in these regulations has the meaning given by the Act.

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

These regulations apply only to a water permit that allows fresh water to be taken at a rate of 5 litres/second or more.

However, these regulations do not apply to a water permit if the taking of water under the permit is non-consumptive in that—

The rate at which fresh water may be taken under a water permit, for the purposes of regulations 4(1) and 13(2), must be determined under this regulation.

If the permit specifies only 1 rate at which water may be taken in litres/second, then that is the applicable rate, even if the permit specifies any other rate.

If the permit specifies 2 or more rates at which water may be taken in litres/second, then the applicable rate is the greatest of those rates, even if the permit specifies any other rate.

Otherwise, the applicable rate is the greatest rate at which water may be taken under the permit, after applying the following rules:

A permit holder must keep records that provide a continuous measurement of the water taken under a water permit, including water taken in excess of what the permit allows.

The records must comprise measurements (in cubic metres) of the volume of water taken—

The records must be able to be combined to produce further records that cover each water year of the permit.

If no water is taken, the records must specify the volume of water taken as zero cubic metres.

The records must be kept in a format that, in the opinion of the regional council that granted the permit, is suitable for auditing.

The records must be kept using a device or system that—

This regulation specifies how a device or system that keeps records for a water permit must have been verified as accurate (verified) for the purposes of regulation 6(6)(f).

For records kept under regulation 6 for the permit’s first water year, the device or system must have been verified before the end of that water year.

For records kept under regulation 6 for any later water year, the device or system must have been verified at any time in the 5-year period ending when that water year ends.

Verification must have been performed by a person who, in the opinion of the regional council that granted the water permit, is suitably qualified.

A permit holder who must keep records under regulation 6(2)(a) must provide records that cover each day of the permit to the regional council that granted the permit.

The records for a day must be provided—

The records must comply with regulation 6.

The records must be provided electronically.

The regional council may grant a later deadline for providing the records for a water permit under subclause (2)(b) if—

The regional council must specify any later deadline that it grants by notice to the permit holder.

A later deadline applies only to the records for days that fall in the relevant water year, but the permit holder may apply for (and the regional council may grant) a later deadline each year in accordance with subclauses (5) and (6).

A permit holder must provide records that cover each water year of the permit to the regional council that granted the permit.

The records for a water year must be provided no later than 1 month after the end of the water year.

The records must comply with regulation 6.

The records must be provided—

To avoid doubt, this regulation applies even if the permit holder must also provide records under regulation 7A.

The regional council may request evidence from the permit holder that the device or system that kept the records under regulation 6 has been verified as accurate in accordance with regulation 7.

The permit holder must provide the regional council with the evidence as soon as practicable after receiving the request.

The evidence must be provided—

The regional council that granted a water permit may, at its discretion, grant approval to the permit holder to keep records of measurements of the volume of water taken under the permit each week.

The council must grant approval by providing a written notice to the permit holder that specifies the period of approval.

The regional council that granted a water permit may, at its discretion, grant approval to the permit holder to keep records using a device or system that is installed as near as practicable to the location from which water is taken under the permit (instead of at that location).

The council must grant approval by providing a written notice to the permit holder that specifies—

The regional council that granted an approval under regulation 9 or 10 may revoke the approval at any time if, in the council’s opinion, the approval was granted on the basis of incorrect information provided by the permit holder.

The council must revoke approval by providing a written notice to the permit holder that specifies when the approval is revoked.

These regulations prevail over a regional rule or a condition of a water permit.

However, a regional rule or a condition that is more stringent than these regulations prevails over the regulations.

Despite the rest of this regulation, the requirement to provide records that cover each day or each water year by the deadline under regulation 7A or 8 is additional to any requirement of a regional rule or a condition to provide records that cover a different period or periods.