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Natural Environment Bill

Hearings to be held in public and protection of sensitive information

Schedule 4: Water conservation orders

You could also call this:

"Rules to protect special New Zealand water bodies"

Illustration for Natural Environment Bill

The Natural Environment Bill has a part called Water Conservation Orders. You can apply to protect a special water body. The Minister will decide if your application is good enough to go to a special tribunal. A special tribunal is like a small court that hears your application. They will ask for public feedback and consider what people think. Then they will make a report to the Minister. The Minister will look at the report and decide if a Water Conservation Order should be made. If it is made, it will help protect the water body. You can find out more about Water Conservation Orders in Part 3 of the Legislation Act 2019. If you want to change or cancel a Water Conservation Order, you can apply to the Minister. They will look at your application and decide what to do. In some cases, they might send it to a special tribunal again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1550065.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > ConservationEnvironment and resources > Water management

Schedule 3: Coastal matters, or

"Rules for looking after our coastal areas"

Schedule 5: Freshwater farm plans, or

"Rules for farms to help keep freshwater clean and healthy"

4Water conservation orders Empowered by s 12

1Purpose of water conservation orders

The purpose of a water conservation order is to recognise and sustain—
outstanding amenity or intrinsic values that are provided by waters in their natural state:
if waters are no longer in their natural state, the amenity or intrinsic values of those waters that in themselves warrant protection because they are considered outstanding.

A water conservation order may provide for any of the following:
the preservation as far as possible in its natural state of any water body that is considered to be outstanding:
the protection of characteristics that any water body has or contributes to, and that are considered to be outstanding,—
1. as a habitat for terrestrial or aquatic organisms:
2. as a fishery:
3. for its wild or other natural characteristics:
4. for scientific and ecological values:
5. for recreational or historical purposes:
the protection of characteristics that any water body has or contributes to, and that are considered to be of outstanding significance to Māori.

2Meaning of water conservation order

A water conservation order is an order that—
is made under clause 13 for any of the purposes set out in clause 1; and
imposes restrictions or prohibitions on the exercise of regional councils' powers under section 222(4)(c) and (d) in relation to water.

The restrictions or prohibitions include those that relate, in particular, to—
the quantity, quality, rate of flow, or level of a water body; and
the maximum and minimum levels or flow or range of levels or flows, or the rate of change of levels or flows to be sought or permitted for a water body; and
the maximum allocation for abstraction consistent with the purposes of the order; and
the maximum contaminant concentrations and loading consistent with the purposes of the order; and
the ranges of temperature and pressure in a water body.

3Legal effect of water conservation order

A water conservation order does not affect or restrict any permit granted or any lawful use established in respect of a water body before the order is made.
If a water conservation order is operative, the relevant consent authority—
must not grant a water permit, coastal permit, or discharge permit if the grant of that permit would be inconsistent with any restriction or prohibition or any other provision of the order:
must not grant a water permit, a coastal permit, or a discharge permit to discharge water or contaminants into water unless the grant of such a permit or the combined effect of the grant of such a permit and 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:
must, in granting any water permit, coastal permit, or discharge permit, impose any conditions that are necessary to ensure that the provisions of the water conservation order are not compromised:
must undertake, in relation to the order, the functions relating to monitoring specified in section 227.

4How to apply for water conservation order

Any person may, on payment of any prescribed fee, apply to the Minister to make a water conservation order for a water body.
The application must—
identify the water body for which an order is sought; and
state the reasons for the application, referring to the matters set out in clauses 1, 2, and 10, as far as they are relevant; and
describe the provisions that, in the applicant's opinion, should be included in a water conservation order and the effect that the provisions would have on the water body.

The Minister may, by notice in writing, require the applicant to supply any further information relating to the application that the Minister considers necessary.

5Appointment of special tribunal

When the Minister receives an application for a water conservation order, the Minister must, as soon as practicable,—
appoint a special tribunal to hear and report on the application and notify the applicant of the decision to appoint a special tribunal; or
reject the application and notify the applicant of the decision, giving reasons for rejecting the application.

Before appointing a special tribunal, the Minister must, if appropriate, consult the Minister for Māori Development, the Minister of Conservation, and the Commissioner of Crown Lands on the membership of the tribunal.

6Administrative matters relating to special tribunal

A special tribunal appointed under clause 5 must have—
no fewer than 3, and no more than 5, members; and
a chairperson appointed by the Minister or by the members, if the Minister declines to do so.

If the Minister directs, members must be paid out of money appropriated by Parliament for the purpose, in accordance with the Fees and Travelling Allowances Act 1951,—
remuneration by way of fees, salary, or allowances; and
travelling allowances and expenses in accordance with that Act for time spent travelling in the service of the tribunal.

A member of a special tribunal is not liable for anything the member does or omits to do in good faith in performing or exercising the functions, duties, and powers of the tribunal.

7Public notification of application

A special tribunal must, as soon as practicable after it is appointed under clause 5, ensure that—
public notice of the application is given; and
a short summary of the application is published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin with details of the internet site where the notice may be accessed; and
any other public notice of the application is given that the tribunal considers appropriate; and
notice of the application is served on—
1. the applicant; and
2. all relevant local authorities; and
3. the relevant iwi authorities; and
4. persons who hold relevant natural resource permits; and
5. any other persons that the tribunal considers appropriate.

The notices required under this clause must be in the prescribed form and must—
describe the application and where it and all relevant information the special tribunal holds may be viewed; and
state that any person may make a submission on the application in writing, stating their preference under clause 8(4); and
enable the tribunal to consider wider matters than those raised in the application; and
state the closing date for the tribunal to receive submissions, which must be the 20th working day after the application is notified or a later date if an extension of time is agreed and notified under section 319; and
state the address for service of the tribunal and each applicant.

The special tribunal may request further information from the applicant at any reasonable time before the hearing, applying the requirements of section 140 as if references to the consent authority were references to the special tribunal, and references to a permit were references to an order.

8Submissions to special tribunal

Any person may make a submission to the special tribunal on an application notified under clause 7.
Submissions must be made in a form approved by the Minister for the purpose and must be served not later than the date under clause 7(2)(d) on—
the relevant local authorities in the region; and
all applicants.

The requirements of section 319 (waiver and extension of time limits) apply.
A submitter may support the making of a water conservation order, but may prefer—
that an order be made over a different (but related) water body within the same catchment; or
that an order be made to protect different features and qualities of the water body from those identified in the application.

If subclause (4) applies, the submitter must endeavour, in the submission,—
to make that preference known to the tribunal; and
to specify the reasons for that preference, having regard to the purpose of a water conservation order (see clause 1) and the matters for consideration set out in clause 10.

A submitter who opposes the making of an order must specify why the submitter considers the proposed order is not justified, having regard to the purpose of water conservation orders (see clause 1) and the matters that must be considered (see clause 10).
If a submission does not include all the matters listed in subclause (5) or, if applicable, the information required by subclause (6), the tribunal may still consider the submission.
A special tribunal may, by notice in writing, require a submitter to supply further information relating to the submission that the tribunal considers necessary.

9Hearing by special tribunal

The Minister must, without delay, provide the application and any other relevant information to the special tribunal appointed under clause 5.
Sections 134 and 135 of the Planning Act 2025 apply as if references in those provisions—
to a permit authority or a consent authority were references to a special tribunal; and
to a natural resource permit were references to a water conservation order.

If a special tribunal directs an applicant or a submitter to provide briefs of evidence by a certain date (which must be at least 10 working days before a hearing), the hearing date must be not more than 40 working days after the closing date for submissions.
If a special tribunal does not give such direction, the hearing date must be within 25 working days after the closing date for submissions.
A hearing must be held at a place determined by the special tribunal that is near the water body to which the application relates.

10Matters to be considered

In considering an application under this subpart, a special tribunal must have particular regard to—
the purpose of a water conservation order; and
the matters set out in clause 1(2).

The special tribunal must also have regard to—
the application and all submissions; and
the needs of primary and secondary industry, and of the community; and
the relevant provisions of every national standard, national policy direction, regional spatial plan, natural environment plan, and land use plan, and any proposed plan.

11Special tribunal to report on application

As soon as is reasonably practicable after the close of a hearing, a special tribunal must prepare a report on the application and give notice in accordance with subclause (2).
The notice required by subclause (1) must—
either include a draft water conservation order, or state that the tribunal recommends that the application be declined; and
state the reasons for the tribunal’s conclusion; and
be sent to the applicant, the Minister, the regional council, the relevant territorial authorities, the relevant iwi authorities, and every person who made a submission on the application.

12Appeal to Environment Court on point of law

Any of the following persons may appeal to the Environment Court against a decision of a special tribunal on a question of law:
the applicant for the proposed water conservation order to which the report relates:
any person who made a submission to the special tribunal under clause 8:
any other person to whom the Environment Court grants leave to make a submission on the grounds that the person could not reasonably have been expected to know that the report of the special tribunal would affect the person or an aspect of the public interest that that person represents.

An appeal must be made by lodging a notice of appeal no later than 30 working days after the date of notification of the decision under clause 11.
A notice of appeal must be served on the persons listed in subclause (1).
A decision of the Environment Court under this clause may be appealed against under clause 28 of Schedule 2 of the Planning Act 2025.

13Making of water conservation order

The Governor-General may, by Order in Council made on the recommendation of the Minister, make a water conservation order in respect of any water body.
The Minister must not make a recommendation for the purposes of subclause (1)—
except in accordance with the report of the special tribunal under clause 11; and
unless all appeals under clause 12 have been determined.

A water conservation order is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

14Minister's obligation to state reasons for not accepting recommendation

If a special tribunal report under clause 11 recommends that a water conservation order be made and the Minister decides not to recommend that the Governor-General make the order, then the Minister must,—
within 20 sitting days after making their decision, lay before the House of Representatives a written statement setting out the reasons for their decision; and
within 20 working days after making their decision, serve the written statement on—
1. the applicant; and
2. every person who made a submission to the special tribunal; and
3. every party to an appeal under clause 12.

15Revocation or amendment of water conservation order

The following apply until the expiry of 2 years after the date on which a water conservation order is made:
an application must not be made to the Minister to revoke the order; and
the Minister must not recommend to the Governor-General that an order be made to revoke the order.

Except as provided in subclause (1), any person may apply to the Minister to revoke or amend a water conservation order, stating the reasons for the application.
If the Minister receives an application under subclause (2), the Minister may recommend that the order be amended, if—
the Minister is of the opinion that the application should be accepted, but that there is no need to hold an inquiry because the amendment—
1. would have only minor effect; or
2. is of a technical nature and would not prevent the order achieving any purpose for which it was made; and
the original applicant for the order (if that person can be located) and the regional council agree to the amendment.

Except as provided in subclause (3), an application made under subclause (2) for the revocation or amendment of a water conservation order must be dealt with in the same manner as an application for an order under clause 4.
An order under subclause (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes