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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 when you can and can't use water from different places, like the ocean, rivers, or underground”

You can’t take, use, dam, or divert any open coastal water, or use any heat or energy from it, if it goes against national environmental standards or regional rules. But you can do these things if you have a resource consent or if it’s allowed by section 20A.

For water that’s not open coastal water, you also can’t take, use, dam, or divert it, or use its heat or energy, or the heat or energy from the material around geothermal water. However, there are some exceptions:

You can do these things if they’re allowed by national environmental standards, regional rules, or a resource consent. You can also use fresh water for your reasonable household needs or for your animals to drink, as long as it doesn’t harm the environment.

If you’re Māori, you can use geothermal water according to tikanga Māori for your community’s benefit, as long as it doesn’t harm the environment. For coastal water that’s not open coastal water, you can use it for your reasonable household or fun activities if it doesn’t harm the environment.

Lastly, water can be used for emergency or training purposes as stated in section 48 of the Fire and Emergency New Zealand Act 2017.

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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.

Topics:
Environment and resources > Conservation
Environment and resources > Climate and energy
Māori affairs > Māori land
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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).