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.