Chapter 16: Takes, Uses and Diversions of Water, and Bores

16.4 Rules - Diversions of Water including Drainage

Prev Section Next Section
 Download Full Chapter

The requirements specified in the Resource Management (National Environmental Standards for Freshwater) Regulations also apply, as rules, in addition to the following rules (including in relation to activities within and near natural wetlands*).  One Plan users must refer to the Regulations and they should be read in conjunction with the following rules.  Where there is conflict between the provisions of the Regulations and any of the following rules, the more stringent provision will apply.
 

Rule Activity Classification Conditions/Standards/Terms Control/Discretion Non-Notification
16-10 Lawfully established diversions, including existing drainage

The take, diversion or discharge^ of surface water^ and any ancillary damming of water^, or discharge^ of sediment or other contaminants^ in the water^ into water^ or onto or into land^ pursuant to s14(2) and ss15(1) or 15(2A) RMA arising from:

  1. a diversion that was lawfully established as at the date of this rule^ becoming operative^, or
  2. a diversion that has been lawfully established by way of resource consent^ after the operative^ date of this rule^ including diversions ancillary to the operation* of existing drainage networks.

Advice Note:

This rule^ means that, once diversions have been lawfully established, including diversions for land^ drainage purposes, their continued operation* is permitted under this rule^. No ongoing consent is required for the operation* of existing diversions provided the conditions^ of this rule^ are met.

 Permitted
  1. The diversion or discharge^ must be to the same Water Management Sub-zone* to which the water^ would naturally flow, except diversions associated with existing land^ drainage.
  2. Effects^ on land^ instability, erosion risk, flooding and soil resources (including drained peat soils) must remain the same as or similar in character, intensity and scale to those which existed before this rule^ became operative^.
  3. The diversion must not prevent the passage of fish in water bodies^ containing fish.
  4. For diversions lawfully established by way of a resource consent^, the diversion must continue to comply with all conditions^ of the consent.
  
16-11 New drainage The take, diversion or discharge^ of drainage water^, and any ancillary damming of water^, or discharge^ of sediment or other contaminants^ in the drainage water^ into water^ or onto or into land^ pursuant to s14(2) and ss15(1) or 15(2A) RMA arising from the establishment and operation* of new land^ drainage. Permitted
  1. The diversion or discharge^ must not cause or exacerbate the flooding of any property*, unless the flooding is in accordance with an approved Regional Council drainage scheme design.
  2. The diversion or discharge^ must not cause any scouring or erosion of any land^ or water body^ beyond the point of discharge^.
  3. The diversion or discharge^ must not alter the natural course of any natural water body^.
  4. There must be no diversion or discharge^ to or from any natural lake^, rare habitat*, threatened habitat* or at-risk habitat*, or reach of river^ or its bed^ with a Schedule B Value of Natural State.
  5. The activity must not result in the lowering of water^ levels in any wetland^ that is a rare habitat* or threatened habitat*
  6. The diversion or discharge^ must be to the same Water Management Zone* to which the drainage water^ would naturally flow.
  7. The diversion or discharge^ must not cause, after reasonable mixing*, any of the following effects^ in the receiving water body^:
    1. the production of conspicuous oil* or grease films, scums or foams, or floatable or suspended materials
    2. any conspicuous change in the colour or visual clarity of the receiving water^
    3. any emission of objectionable odour
    4. the rendering of fresh water^ unsuitable for consumption by farm animals
    5. the natural temperature of the receiving water^ to change by more than 3°C
    6. toxicity to aquatic ecosystems.
  8. The diversion or discharge^ must not, after reasonable mixing*, cause the dissolved oxygen of the receiving water body^ to fall below 80% saturation concentration, unless the dissolved oxygen is already below this limit in which case the discharge^ must not lower it further.
  9. The activity must not be to any historic heritage^ identified in any district plan^ or regional plan^.
  
16-12 New diversions The following activities where they are associated with the establishment and operation* of a new diversion, except as expressly provided for by other rules^ within this Plan:

(a) the take, diversion or discharge^ of water^ and any ancillary damming of water^ pursuant to s14(2) and ss15(1) or 15(2A) RMA
(b) any ancillary discharge^ of sediment or other contaminants^ in the water^ into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
(c) any ancillary excavation or disturbance of the bed^ of a river^ pursuant to ss13(1) and 13(2) RMA.		 Permitted
  1. The activity must involve:
    1. a diversion of groundwater,
    2. a diversion from or within an artificial watercourse*,
    3. a diversion from or within an existing drain that is within the RMA definition of “river^”, or
    4. a diversion wholly contained within the bed^ of a river^ provided the diversion is no more than two times the bed^ width of the river^ in any 2 km length of river^ in any 12 month period and must not exceed a length of 20 metres.
  2. The activity must not involve the diversion of water^ associated with new drainage which is regulated under Rule 16-11.
  3. The diversion must not be located within 200 m of any wetland^ that is a rare habitat* or threatened habitat* and must not lower the water^ level in any wetland^ that is a rare habitat* or threatened habitat*.
  4. The diversion must not be to or from any rare habitat*, threatened habitat* or at-risk habitat*
  5. The diversion must not increase land^ instability or the risk of erosion.
  6. The diversion must not cause or contribute to flooding on any other property*.
  7. The diversion must not adversely affect any lawfully established water^ take or use which existed at the time that the diversion commenced.
  8. The diversion must not prevent the passage of fish in water bodies^ containing fish.
  9. The diversion must not be undertaken where any infrastructure^ is located in, on, under or over the bed^ within 1 km upstream or downstream of the diversion.
  10. Any realigned bed^ must have at least the same capacity as the original bed^ to carry the diverted flow.
  11. For diversions of surface water^ from an artificial watercourse* or drain, the diverted water^ must not cause a reduction in the water^ quality of any downstream water body^.
  12. Any discharge^ of sediment ancillary to the activity must not, after reasonable mixing*, cause a conspicuous change in the colour or visual clarity of the receiving water^.
  13. The construction of a new diversion located within a river^ must comply with the general conditions^ listed in Section 17.3 Table 17.2.
  
16-13 Diversions that do not comply with permitted activity^ and controlled activity^ rules^ Any diversion pursuant to s14(2) RMA that does not comply with one or more conditions^, standards or terms of a permitted activity^ or controlled activity^ rule^ in this chapter, but which is not expressly classified as a discretionary activity^, or prohibited activity^. Discretionary
  1. The diversion must not be to or from any rare habitat*, threatened habitat* or at-risk habitat*
  

Rule Guide:

Diversions in rare habitats*, threatened habitats* and at-risk habitats* are regulated by Rules 13-8 and 13-9.
Diversions of surface water allocated to existing consented hydroelectricity generation schemes are dealt with in Rule 16-7.

Continue to next section