Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
215: Minister's obligation to state reasons for not accepting recommendation
or “The Minister must explain why they didn't follow advice about protecting water”
You could also call this:

“This law explains how and when you can ask to change or cancel rules about protecting special water areas.”

You cannot ask for a water conservation order to be cancelled for two years after it’s made. During this time, the Minister can only make small changes to the order. These changes must either have a minor effect or be technical in nature to help the order work better.

After two years, you can apply to the Minister to cancel or change a water conservation order. You need to explain why you want to do this.

When the Minister gets your application, they can recommend a change without an inquiry if the change is small and both the original applicant and the regional council agree.

If the Minister doesn’t recommend a small change, they will deal with your application in the same way as a new water conservation order. This means following the same steps as when the order was first made.

The Governor-General can make the changes to the order based on the Minister’s recommendation. This is done through an Order in Council, which is a type of law.

Part 3 of the Legislation Act 2019 explains how these changes are published and made official.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 217: Effect of water conservation order

or “A water conservation order sets rules for how water can be used and protected in a specific area.”
Next

Part 9 Water conservation orders

216Revocation or variation of order

  1. Until the expiration of 2 years after the date a water conservation order is made under section 214 (or under the corresponding provision of any former enactment),—

  2. no application shall be made to the Minister to revoke any such order; and
    1. the Minister shall reject any application made under subsection (2) to amend any such order unless, after having regard to the purposes of the order and the restrictions and prohibitions imposed by the order, the Minister is satisfied that the amendment to which the application relates—
      1. will have no more than a minor effect; or
        1. is of a technical nature and would enable the order to better achieve any purpose for which it was made; and
        2. no recommendation shall be made to the Governor-General—
          1. to revoke any such order; or
            1. to amend any such order unless the Minister is satisfied that the amendment is of a minor nature or of a technical nature which would enable the order to better achieve any purpose for which it was made.

            2. Except as provided in subsection (1), any person may at any time apply to the Minister for the revocation or amendment of any water conservation order, and every such application shall state the reasons for the application.

            3. Upon receipt of an application made under subsection (2), if—

            4. the Minister is of the opinion that the application should not be rejected but that, by reason of the minor effect of the amendment, it is unnecessary to hold an inquiry; and
              1. the original applicant for the order (if that person can be located) and the regional council agree to the amendment—
                  1. the Minister may recommend that the order be amended, and the Governor-General may, by Order in Council made on the recommendation of the Minister, amend the order accordingly.

                1. Except as provided in subsection (3), an application made under subsection (2) for the revocation or amendment of a water conservation order shall be dealt with in the same manner as an application for such an order, and sections 201 to 215 shall apply accordingly.

                2. An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 216(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).