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Conservation Act 1987

Specially protected areas

23: Watercourse areas

You could also call this:

“Areas next to protected rivers, lakes, or streams that are special and need protection”

The Minister can declare some land to be a watercourse area if it is next to a river, lake, or stream that is protected. You can find more information about protected rivers, lakes, or streams under the Resource Management Act 1991. This land must have special natural or recreational features when considered with the river, lake, or stream.

The Minister needs to get consent from certain groups before declaring some land a watercourse area. If the land is held under the Queen Elizabeth the Second National Trust Act 1977, the Minister needs to get consent from the Queen Elizabeth the Second National Trust. If the land is subject to an agreement under the Reserves Act 1977 or the Heritage New Zealand Pouhere Taonga Act 2014, the Minister needs to get consent from the owner.

A watercourse area is managed to protect its natural features and to work together with other watercourse areas. The Minister can declare that a watercourse area is no longer protected if they give public notice of their intention to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104690.

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Part 4 Specially protected areas

23Watercourse areas

  1. Subject to subsections (2) and (3), if satisfied that any land that is—

  2. land held under this Act for conservation purposes; or
    1. a reserve classified pursuant to section 16 of the Reserves Act 1977; or
      1. held under section 21(2)(a) of the Queen Elizabeth the Second National Trust Act 1977; or
        1. subject to an agreement under section 76 or section 77 of the Reserves Act 1977, section 22 of the Queen Elizabeth the Second National Trust Act 1977, or section 39 of the Heritage New Zealand Pouhere Taonga Act 2014,—
            1. adjoins any river, lake, or stream, for which a water conservation order has been made under the Resource Management Act 1991, or that is otherwise protected, and has, when considered with the river, lake, or stream, outstanding wild, scenic, or other natural or recreational characteristics, the Minister may, by notice in the Gazette, declare it to be held for the purpose of a watercourse area; and, subject to this Act, it shall thereafter be so held.

          1. No land to which paragraph (c) of subsection (1) applies shall be declared to be held for the purpose of a watercourse area under that subsection without the consent of the Queen Elizabeth the Second National Trust.

          2. No land to which paragraph (d) of subsection (1) applies shall be declared to be held for the purpose of a watercourse area under that subsection without the consent of its owner.

          3. A watercourse area that was a reserve immediately before it became such an area does not thereby cease to be a reserve.

          4. Subject to any water conservation order or other protective status that applies to it, every watercourse area shall so be managed—

          5. as to protect the wild, scenic, and other natural or recreational characteristics that it has when considered with the river, lake, or stream, concerned; and
            1. that its administration and management are, so far as is practicable, co-ordinated with the administration and management of other watercourse areas.

              1. The Minister may, after giving public notice of intention to do so, by notice in the Gazette, declare that all or any part of any watercourse area is no longer held for the purpose of a watercourse area.

              Notes
              • Section 23(1): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
              • Section 23(1): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
              • Section 23(1)(d): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).