Buller River water conservation order 2001

Water Conservation (Buller River) Order 2001 [New Zealand Legislation website]

The Order was updated to include amendments in October 2008.

• On 29 September 1987, the Nelson Acclimatisation Society and the Council of South Island Acclimatisation Societies applied for a water conservation order in respect of the Buller River. The application was made under the Water and Soil Conservation Act 1967.
• Following the abolition of the National Water and Soil Conservation Authority and the enactment of the Water and Soil Conservation Amendment Act 1988, responsibility for water conservation orders transferred to the Minister for the Environment.
• In July 1988 the Minister for the Environment decided the application would be dealt with as a national water conservation order and appointed a tribunal to consider and make recommendations on the application.
• On 13 August and 27 August 1988 the application was publicly notified and 162 submissions were received.
• The tribunal held a public hearing from 20 to 22 March 1989 and released its report and recommendation on 18 July 1989.
• Submissions were lodged with the Planning Tribunal and between August 1991 and May 1992 meetings were held with the parties and pre-hearing conferences.
• On 6 July 1992 the tribunal began its inquiry.
• This was followed with rulings and further pre-hearings proceedings in 1994 and a resumption of the substantive inquiry in May, July and August 1995.
• The Planning Tribunal report and recommendations are dated 31 May 1996.
• The Water Conservation (Buller River) Order 2001 was made on 18 June 2001.

Key milestones

• On 2 August 2006, New Zealand Fish and Game Council and Nelson-Marlborough Fish and Game Council applied for an amendment to the Water Conservation (Buller River) Order 2001 in respect of the Gowan River. The application was made under section 216 of the Resource Management Act 1991.
• A special tribunal was appointed on 24 July 2006 to hear and report on the application.
• The application was publicly notified in September 2006 and in January 2007 with the hearing held in May 2007.
• The Special Tribunal issued an interim report on 11 July 2007 and a final report on 20 December 2007 recommending amendments to the Order.
• The Water Conservation (Buller River) Amendment Order 2008 was made on 1 September 2008.

Key events in the consideration of the MAJAC Trust application to amend the Water Conservation (Buller River) Order 2001. The application was declined.

Key events

• MAJAC Trust lodged an application under the Resource Management Act 1991 to amend the Water Conservation (Buller River) Order 2001 to enable a run of the river power scheme on the Gowan River.
• A special tribunal was appointed in July 2004 to hear and report on the application.
• The Special Tribunal publicly released its decision on the scope of the hearing on 22 December 2004.
• MAJAC Trust lodged judicial review proceedings in the High Court. The decision of the High Court was released on 18 July 2005.
• The application was heard by the Tribunal in November 2005. In February 2006, the Tribunal recommended that the application be declined.
• Submissions were made to the Environment Court in respect of the Tribunals’ report and recommendation.
• The Environment Court issued its decision in August 2007 recommending that the application be declined.
• The application was declined by the Minister in December 2007.