Resource Management Act 1991

Water conservation orders

205: Submissions to special tribunal

You could also call this:

“Anyone can share their thoughts on water protection plans with a special group”

When someone applies for a water conservation order, you can make a submission about it to a special group called a tribunal. You can do this after the application is publicly announced. The tribunal will handle your submission like a consent authority would handle a submission about a resource consent.

If you support the water conservation order but want to suggest changes, you should try to explain your ideas clearly. You can suggest protecting a different but related water body in the same area, or suggest different features of the water body to protect. You should explain why you prefer these changes and describe how your suggestions would affect the water body.

Even if you don’t include all this information in your submission, the tribunal can still consider it. If you’re against the water conservation order, you need to explain why you think it’s not justified according to the rules.

The tribunal can ask you for more information about your submission if they need it. You usually have 20 working days after the application is announced to send in your submission, but this deadline might be extended.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236759.

Topics:
Environment and resources > Conservation
Government and voting > Local councils

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204: Public notification of application, or

“The special tribunal must tell everyone about the water order request and how they can give their opinion on it.”


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206: Conduct of hearing, or

“Rules for how a special group listens to people's ideas about protecting water”

Part 9 Water conservation orders

205Submissions to special tribunal

  1. Any person may make submissions to the special tribunal about an application which is notified in accordance with section 204.

  2. Sections 37, 96(5) and (6), and 98 shall, with all necessary modifications, apply in respect of every submission made under subsection (1) as if—

  3. every reference therein to a consent authority were a reference to the tribunal; and
    1. every reference therein to a consent were a reference to an order; and
      1. the reference in section 96(6)(a) to section 97 were a reference to subsection (7) of this section.
        1. Any person who supports the making of a water conservation order but who would prefer—

        2. that the order instead preserve a different but related water body in the same catchment; or
          1. that different features and qualities of the water body be preserved,—
            1. shall endeavour, in his or her submission,—
            2. to make that preference known to the tribunal; and
              1. to specify the reasons for the preference, referring, where practicable, to the matters set out in sections 199, 200, and 207; and
                1. to describe the provisions which, in the person's opinion, should be included in the water conservation order and the effect that those provisions would have on the water body.
                  1. Any submission that does not contain all the matters referred to in subsection (3) may nevertheless be considered by the tribunal.

                  2. Any person who makes a submission opposing the making of an order shall specify the reasons why he or she considers the proposed order is not justified in terms of section 199 and section 207.

                  3. The special tribunal may, by notice in writing, require any person making a submission to supply such further information in respect of the submission as the special tribunal considers necessary.

                  4. The closing date for serving submissions on a special tribunal is the 20th working day after notification of the application under section 204 is complete or such later date as is notified under section 37.

                  Notes
                  • Section 205(2): amended, on , by section 121(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 205(2)(b): amended, on , by section 121(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 205(2)(c): inserted, on , by section 121(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).