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Natural Environment Bill

Foundations - Duties and restrictions - Restrictions

20: Restrictions relating to water

You could also call this:

"Rules for Using Water to Protect the Environment"

Illustration for Natural Environment Bill

If you want to take or use water, you must follow the rules. You cannot take, use, or divert water in a way that breaks the rules, unless you have a permit. The rules are set out in things like national rules or plans. You cannot take or use water from certain sources, like rivers or lakes, unless it is allowed. This includes taking heat or energy from the water. You can take water for your own needs, like drinking water, if it does not harm the environment. There are some exceptions, like if you need water for emergencies or for Maori cultural practices. You can also take water if you have a permit or if it is allowed by a national rule or plan. You must always make sure that taking water does not harm the environment or natural resources. If you want to take geothermal water, you must follow special rules. You can take geothermal water if it is for the benefit of the local Maori community and does not harm the environment. You must always check the rules before taking or using water, to make sure you are allowed to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549968.

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Topics:
Environment and resources > ConservationEnvironment and resources > Climate and energyMāori affairs > Māori land
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19: Restrictions on use of beds of rivers and lakes, or

"Rules for using river and lake beds"

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"Rules for releasing harmful substances into air, water, or land"

Part 2Foundations
Duties and restrictions: Restrictions

20Restrictions relating to water

  1. A person must not take, use, dam, or divert, or take or use any heat or energy from open coastal water, or wastewater in a manner that contravenes an instrument specified in subsection (2) unless the activity is expressly allowed by a permit or allowed by section 25.

  2. The instruments referred to in subsection (1) are—

  3. a national rule; or
    1. a rule in a plan; or
      1. a rule in a proposed plan that has legal effect; or
        1. a water services standard.

          1. A person must not take, use, dam, or divert any of the following unless the taking, using, damming, or diverting is allowed under subsection (4):

          2. water other than open coastal water:
            1. heat or energy from water other than open coastal water:
              1. heat or energy from the material surrounding geothermal water.

                1. A person is not prohibited by subsection (3) from taking, using, damming, or diverting any water, heat, or energy—

                2. if the taking, using, damming, or diverting is expressly allowed by—
                  1. a national rule; or
                    1. a rule in a plan and any rule in a proposed plan that has legal effect; or
                      1. a water services standard; or
                        1. a permit; or
                        2. in the case of fresh water, if both of the following apply:
                          1. the water, heat, or energy is required to be taken or used for an individual's reasonable domestic needs or the reasonable needs of a person’s animals for drinking water:
                            1. the taking or use does not, or is not likely to, have an adverse effect on any natural resource; or
                            2. in the case of geothermal water, if both of the following apply:
                              1. the water, heat, or energy is taken or used in accordance with tikanga Maori for the communal benefit of the tangata whenua of the area:
                                1. the taking or use does not have an adverse effect on any natural resources; or
                                2. in the case of coastal water (other than open coastal water), if both of the following apply:
                                  1. the water, heat, or energy is required for an individual's reasonable domestic or recreational needs:
                                    1. the taking, use, or diversion does not, or is not likely to, have an adverse effect on any natural resources; or
                                    2. if the water is required to be taken or used for emergency or training purposes in accordance with section 48 of the Fire and Emergency New Zealand Act 2017.