How to apply for a water conservation order

Any person may apply to the Minister for the Environment for a water conservation order. Applications must set out the reasons for the application. 

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Submitting an Application
Application assessment process

Submitting an Application

A water conservation order (WCO) recognises and protects the outstanding values of a waterbody by imposing restrictions or prohibitions on activities that would affect these values. Applications must set out how a WCO would achieve this.

The process to create a WCO is set out in Part 9 (sections 199 to 217) of the Resource Management Act 1991 (RMA) [New Zealand Legislation website].  

The process for making an application is set out in section 201, and is summarised below with additional detail on what is needed from the applicant:

  • Any person may apply to the Minister for the Environment for a WCO. 
  • There is no prescribed form under the RMA for the application. The application is made to the Minister for the Environment (Minister) and needs to: 
    • Identify the water body concerned.
    • State the reasons for the application with reference, where practicable, to matters set out in sections 199, 200, and 207 of the RMA (1991).
    • Describe the provisions which, in the applicant’s opinion, should be included in a water conservation order and the effect that such provisions would have on the water body. Note it can be helpful to include a draft WCO to demonstrate the scope of what is sought.
  • The application must include payment of the prescribed fee, which is $1.022.20. Fee requirements are set out in Schedule 2 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003 [New Zealand Legislation website]. 

Application assessment process

  • If the Minister accepts the application then he or she must appoint a special tribunal to hear and report on the application.
  • The special tribunal publicly notifies the application and calls for submissions.
  • Submissions must be lodged within 20 working days of the public notice unless a later date is set.
  • Any person may make a submission to the special tribunal.
  • The tribunal holds a hearing and prepares a report on the application.
  • The report will include either a draft water conservation order or a recommendation that the application be declined.
  • The report is sent to the applicant, the Minister, the relevant local and iwi authorities and every submitter.
  • Anyone who made a submission has a further right of submission to the Environment Court on the special tribunal's report.
  • The Environment Court must hold an inquiry if it receives one or more submissions.
  • If the Environment Court receives one or more submissions, once it has completed its inquiry the Environment Court makes a report to the Minister recommending that the special tribunal's report be accepted or rejected with or without modifications.
  • The Minister must make a recommendation to the Governor-General in accordance with the report of the special tribunal or, if the Environment Court has held an inquiry, the report of the Environment Court.
  • If a water conservation order is recommended, the Governor-General makes the order — by order in council.

A water conservation order can prohibit or restrict a regional council issuing new water and discharge permits, although it cannot affect existing permits. Regional policy statements, regional plans and district plans cannot be inconsistent with the provisions of a water conservation order.