Sir ANAND SATYANAND, Governor-General
ORDER IN COUNCIL
At Wellington this 22nd day of August 2011
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL
PRESIDING IN COUNCIL
Pursuant to section 56 of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 and section 214 of the Resource Management Act 1991, His Excellency the Governor-General, acting on the advice and with the consent of
the Executive Council, makes the following Order.
O r d e r
1. Title-This order is the National Water Conservation (Te Waihora / Lake Ellesmere) Amendment Order 20111.
2. Commencement-This order shall come into force
on the 28th day after the date of its notification in the
New Zealand Gazette.
3. Principal order amended-This order amends the National Water Conservation (Lake Ellesmere) Order 19902.
4. References to Lake Ellesmere-The title and the entire order is amended by omitting every reference to "Lake Ellesmere" and substituting "Te Waihora / Lake Ellesmere".
5. Interpretation-The following definitions are amended in Clause 2 Interpretation:
The definition of "Act" is amended by substituting the words "Water and Soil Conservation Act 1967" with "Resource Management Act 1991".
The definition of "Lake Ellesmere" is omitted and substituted with:
"Te Waihora / Lake Ellesmere means that variable body of water commonly known as Lake Ellesmere, otherwise known as Te Waihora, located at and about map reference Infomap 242-3 170?20', 43?4', and having an area of about 20,000 hectares."
The definition of "lake level" is omitted and substituted with:
"lake level means the water level measured in calm conditions as determined by taking the mean average of the level recorded by the Canterbury Regional Council at its water level recorder at or about Nutts Cut (map reference NZTopo50 BX24: 682 557) and either one of the levels recorded by the Canterbury Regional Council at its manual or telemetered records at or about Taumutu (map reference NZTopo50 BY23: 498 443 or NZTopo50 BY23: 499 448):
provided that the Canterbury Regional Council may, at its discretion and when necessary due to windy conditions, estimate the reading which would have been obtained in calm conditions."
The definition of "m.a.s.l" is omitted and substituted with "m.s.l. means the elevation in metres above 1937 Lyttelton vertical datum."
6. Outstanding features-Clause 3 is omitted and substituted with the following clause:
"Outstanding features
It is hereby declared that Te Waihora / Lake Ellesmere has or contributes to the following outstanding amenity or intrinsic values which warrant protection:
(a) habitat for wildlife, indigenous wetland vegetation and fish; and
(b) significance in accordance with tikanga Maori
in respect of Ngai Tahu history, mahinga kai and customary fisheries."
7. Restrictions on lake openings and closings-Clause 4 is amended as follows:
(1) Clause 4(1) is amended by omitting "a water right shall not be granted under section 21 of the Act and a general authorisation shall not be made under section 22 of the Act" and substituting "a resource consent shall not be granted under sections 9, 12 and 14 of the Act".
(2) Clause 4(2) is amended by omitting "water right may be so granted" and substituting "resource consent may be so granted".
(3) Clause 4(2) is amended by inserting the following paragraph as paragraph (c):
"(c) To allow the lake to be artificially opened to the sea at any time during the period commencing on the 1st day of April and ending with the 15th day of June next following."
(4) Clause 4(2)(c) is amended by renumbering paragraph "(c)" as paragraph "(d)".
8. Right to dam or to drain land not to be granted-Clause 5 is amended as follows:
(1) Clause 5(1) is amended by omitting "a water right shall not be granted under section 21 of the Act and a general authorisation shall not be made under section 22 of the Act" and substituting "a resource consent shall not be granted under sections 9, 13 and 14 of the Act".
(2) Clause 5(1) is amended by omitting "1.13m.a.s.l." and substituting "1.20m.s.l.".
(3) Clauses 5(2) to (4) are amended by omitting "water right" and substituting "resource consent".
9. Restriction on grant of resource consents-Clause 6 is amended as follows:
(1) Clause 6(1) is amended by omitting "a water right shall not be granted under section 21 of the Act and a general authorisation shall not be made under section 22 of the Act" and substituting "a resource consent shall not be granted under sections 9, 12, 13 and 14 of the Act".
(2) Clause 6(2) is omitted and substituted with the following subclause:
"(2) Notwithstanding anything in this order, it shall be lawful for a resource consent to be so granted
for research into and enhancement of, habitat for wildlife, indigenous wetland vegetation and fish, and significance in accordance with tikanga Maori in respect of Ngai Tahu history, mahinga kai and customary fisheries."
10. Scope of this order-Clause 7 is amended by omitting "the second proviso to section 21(1) of the Act" and substituting "sections 14(3)(b) and (e) of the Act".
11. Explanatory Note-The explanatory note is omitted and substituted with the following explanatory note:
"Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order declares that Te Waihora / Lake Ellesmere provides or contributes to an outstanding habitat for wildlife, indigenous wetland vegetation and fish, and significance in accordance with tikanga Maori in respect of Ngai Tahu history, mahinga kai and customary fisheries.
The order also includes various provisions to preserve and protect the habitat of wildlife, indigenous wetland vegetation and fisheries, and significance in accordance with tikanga Maori in respect of Ngai Tahu history, mahinga kai and customary fisheries."
Dated at Wellington this 22nd day of August 2011.
REBECCA KITTERIDGE, Clerk of the Executive Council.
1Te Waihora / Lake Ellesmere is not an official place name. The feature’s official place name as recorded in the Gazetteer maintained by the
New Zealand Geographic Board (Nga Pou Taunaha o Aotearoa) is Lake Ellesmere (Te Waihora).
2SR 1990/155