Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Transitional provisions - Existing uses

423: National water conservation orders

You could also call this:

“Rules for protecting important water sources stay the same under the new law”

If you had a national water conservation order that was in place before this law started, it’s still valid under the new law. It’s just like it was made under the new rules.

If you asked for a water conservation order before this law began, a few things could happen:

  1. If nobody had been told about your request yet, it’s treated like you just asked for it under the new law.

  2. If people were told about it, but the Minister hadn’t decided yet, they’ll choose how to handle it. They’ll look at how far along it is and pick the best way to deal with it. They’ll let you know what they decide, and you can’t argue with their choice.

  3. If you had the right to say something about a water conservation order under the old law, you can still do that.

If people were looking into a water conservation order request when the new law started, or if they were about to start looking into one, they’ll finish it as if the old law was still around.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240644.

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

422: Procedure for requirements for designations and protection notices, or

“How local councils handle old and new requests for special land use or protection”

Next

424: Savings as to bylaws, or

“Old rules stay in place until new ones are made or time runs out”

Part 15 Transitional provisions
Existing uses

423National water conservation orders

  1. A national water conservation order made under section 20D of the Water and Soil Conservation Act 1967, and in force immediately before the date of commencement of this Act, shall be deemed to be a water conservation order made on the same terms under section 214.

  2. Where, before the date of commencement of this Act, an application for a water conservation order has been made under section 20A of the Water and Soil Conservation Act 1967, and on the date of commencement of this Act—

  3. the application has not been publicly notified under section 20B of that Act, the application shall be deemed to be an application made on that date under section 201, and the provisions of this Act shall apply accordingly; or
    1. the application has been publicly notified under section 20B of that Act but, immediately before the date of commencement of this Act, the Minister was still considering the application, the Minister shall, having regard to the progress made in consideration of the application, as soon as reasonably practicable after the date of commencement of this Act, decide whether the application is to be dealt with after that date in accordance with—and shall ensure that written notice of the decision is served as soon as reasonably practicable on every person (including the applicant) whom the Minister considers should receive notice. Any such decision by the Minister shall be final and not subject to appeal to, or review by, any court or the Environment Court.
      1. the provisions of the Water and Soil Conservation Act 1967 as if this Act had not been enacted; or
        1. the provisions of that Act as if this Act had not been enacted, but having regard to the matters set out in sections 199 and 207; or
          1. this Act as if the application had been made under this Act,—

          2. Any person who, if this Act had not been enacted, would have had a right under section 20C(1) of the Water and Soil Conservation Act 1967 to make submissions on or an objection to a draft national water conservation order under section 20B(7)(a) or any decision under section 20B(7)(c) of that Act may continue to exercise that right.

          3. All inquiries by the Environment Court under section 20C of the Water and Soil Conservation Act 1967 commenced before the date of commencement of this Act and not completed at that date, and all inquiries initiated by the lodging of submissions and objections and not commenced at that date, and all inquiries in respect of submissions or objections made after the date of commencement of this Act by virtue of subsection (3), shall be continued and completed in all respects as if the Water and Soil Conservation Act 1967 continued in force and this Act had not been enacted.

          Notes
          • Section 423(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 423(4): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).