Kawarau River water conservation order 1997

Water Conservation (Kawarau) Order 1997 [New Zealand Legislation website]

Water Conservation (Kawarau) Amendment Order 2013 [New Zealand Legislation website]

• On 23 October 1990, the Minister of Conservation applied for a water conservation order in respect of the Kawarau River and all contributing waters, in particular the Kawarau River upstream of the yet-to-be-formed Lake Dunstan and the Shotover and Nevis tributaries. The application was made under the Water and Soil Conservation Act 1967.
• The application was publicly notified on 27 June 1991. Over 70 submissions were received.
• On 1 October 1991 the Resource Management Act 1991 came into force and it repealed the Water and Soil Conservation Act 1967. The application was the first to be dealt with under the Resource Management Act 1991.
• A special tribunal was appointed to hear and make recommendations on the application. It conducted a public hearing from 16 to 20 March 1992.
• The Special Tribunal circulated an interim report to the parties in June 1992 and heard submissions on it on 21 July 1992.
• The Special Tribunal’s final report was issued on 15 December 1993 and distributed in February 1994.
• Submissions were made to the Planning Tribunal. A hearing was held on 7 and 8 August 1995. The report and recommendations were issued on 31 May 1996.
• The Water Conservation (Kawarau) Order 1997 was made on 17 March 1997.

• On 29 January 2010, the Otago Regional Council applied for a variation to the Water Conservation (Kawarau) Order 1997. This was for an exemption for flood protection works on the Shotover River (from the state highway bridge to the confluence with the Kawarau River).
• Under section 216 of the RMA the Minister decided it was unnecessary to hold an inquiry because of the minor effect of the amendment and because the regional council and the original applicant agreed with the proposed amendment.
• The Water Conservation (Kawarau) Amendment Order 2011 was made on 14 November 2011.

• In June 2006 Otago and New Zealand Fish and Game Councils applied for an amendment to the Water Conservation (Kawarau) Order 1997 in respect of the Nevis River.
• A special tribunal was appointed in June 2008 to hear and report on the application.
• The Special Tribunal held its first sitting day on 3 November 2008 and heard evidence in parts of May, June and August 2009 and April and May 2010.
• It sent its report recommending an amendment to the Order in August 2010.
• Submissions were made to the Environment Court who held a hearing in October and November 2012.
• The Environment Court presented minority and majority reports recommending changes be made to the Order in respect of the Nevis River in June 2013.