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Resource Management Act 1991

Transitional provisions - Existing uses

423: National water conservation orders

You could also call this:

“Rules to protect New Zealand's water that were already in place before 1991 are still valid today.”

If you had a national water conservation order under the Water and Soil Conservation Act 1967 before this Act started, it will still be valid under this Act. You can find more information about this in section 214. This means the order will keep working in the same way as it did before.

When this Act started, some people had already applied for a water conservation order under the old Act. If you had applied but your application had not been publicly notified, you will now be treated as if you applied under section 201 of this Act.

If your application was publicly notified but the Minister was still considering it, the Minister will decide how to proceed with your application. The Minister might decide to use the old Act’s rules, considering the matters in sections 199 and 207, or use this Act’s rules as if you applied under this Act.

You might have had the right to make submissions or objections to a draft national water conservation order under the old Act. You can still exercise that right. Any inquiries by the Environment Court that started before this Act will continue as if the old Act was still in force.

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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
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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).