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Resource Management Act 1991

Duties and restrictions under this Act - Water

14: Restrictions relating to water

You could also call this:

“Rules about taking and using water from rivers, lakes, and the sea”

You cannot take or use water from the coast or ocean if it goes against a national environmental standard or a regional rule. You can take or use water from the coast or ocean if you have a resource consent or if it is allowed by section 20A. You need to follow the rules when taking or using water.

You cannot take or use water that is not from the coast or ocean unless it is allowed. This includes taking heat or energy from the water or from the ground near geothermal water. You have to follow the rules to take or use this water.

You are allowed to take or use water if you have a resource consent or if it is allowed by a national environmental standard or a regional rule. You can also take or use water for your own needs at home, like drinking water or water for your animals, as long as it does not harm the environment. You can take or use geothermal water if it is for the benefit of the local Maori community and does not harm the environment.

You can take or use coastal water for your own needs at home or for fun, like swimming or fishing, as long as it does not harm the environment. You can also take or use water for emergencies or for training firefighters, as long as you follow the rules in section 48 of the Fire and Emergency New Zealand Act 2017. You have to be careful when taking or using water so you do not harm the environment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM231974.

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Part 3 Duties and restrictions under this Act
Water

14Restrictions 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—

  2. is expressly allowed by a resource consent; or
    1. is an activity allowed by section 20A.

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

      2. water other than open coastal water; or
        1. heat or energy from water other than open coastal water; or
          1. heat or energy from the material surrounding geothermal water.

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

            2. 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
              1. in the case of fresh water, the water, heat, or energy is required to be taken or used for—and the taking or use does not, or is not likely to, have an adverse effect on the environment; or
                1. an individual's reasonable domestic needs; or
                  1. the reasonable needs of a person’s animals for drinking water,—
                  2. 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
                    1. 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
                      1. 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.

                        Notes
                        • Section 14(1): replaced, on , by section 14(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 14(2): replaced, on , by section 14(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 14(3): amended, on , by section 14(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 14(3)(a): amended, on , by section 14(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 14(3)(b)(ii): amended, on , by section 8 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                        • Section 14(3)(e): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).