Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Water conservation orders

217: Effect of water conservation order

You could also call this:

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

A water conservation order won’t change any resource consents or legal uses of water that were already in place before the order was made.

When a water conservation order is in effect, the group in charge of giving out permits has to follow some rules. They can’t give out water permits, coastal permits, or discharge permits if it goes against what the order says. They also can’t give out these permits if it would change the water conservation order.

If they do give out a permit, they have to make sure it follows the rules of the water conservation order. They might add special conditions to the permit to make sure this happens.

The group giving out permits has to think about how a new permit might affect the water when combined with existing permits and legal water uses. They want to make sure that all these things together don’t go against what the water conservation order says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236782.

Topics:
Environment and resources > Conservation
Environment and resources > Climate and energy
Government and voting > Local councils
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216: Revocation or variation of order, or

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

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217A: Purpose, or

“This part explains how farms will use special plans to help protect our rivers and lakes from farming pollution.”

Part 9 Water conservation orders

217Effect of water conservation order

  1. No water conservation order shall affect or restrict any resource consent granted or any lawful use established in respect of the water body before the order is made.

  2. Where a water conservation order is operative, the relevant consent authority—

  3. shall not grant a water permit, coastal permit, or discharge permit if the grant of that permit would be contrary to any restriction or prohibition or any other provision of the order:
    1. shall not grant a water permit, a coastal permit, or a discharge permit to discharge water or contaminants into water, unless the grant of any such permit or the combined effect of the grant of any such permit and of existing water permits and discharge permits and existing lawful discharges into the water or taking, use, damming, or diversion of the water is such that the provisions of the water conservation order can remain without change or variation:
      1. shall, in granting any water permit, coastal permit, or discharge permit to discharge water or contaminants into water, impose such conditions as are necessary to ensure that the provisions of the water conservation order are maintained.

        Notes
        • Section 217(2)(a): amended, on , by section 113(1) of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 217(2)(b): amended, on , by section 113(2)(a) of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 217(2)(b): amended, on , by section 113(2)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 217(2)(c): amended, on , by section 113(3) of the Resource Management Amendment Act 1993 (1993 No 65).