Lake Ellesmere Water Conservation Order - Background
As a result of the Environment Canterbury Temporary Commissioners and Improved Water Management Act (Environment Canterbury Act), Environment Canterbury is now responsible for hearing Water Conservation Order (WCO) applications and making recommendations to the Minister for the Environment. Previously, a Special Tribunal had this responsibility.
In late 2010 the Minister for the Environment referred an application lodged by Te Rūnanga o Ngāi Tahu and the Department of Conservation for amendments to the National Water Conservation (Lake Ellesmere) Order 1990 to Environment Canterbury.
Environment Canterbury appointed three Hearing Commissioners (Hon Peter Salmon QC, Rau Kirikiri and Dr Brent Cowie) who convened a hearing to allow applicants and submitters who requested to be heard to provide more detail on the application and submissions. Further submissions were also invited to extend the Order to include additional outstanding values or additional water bodies within the catchment.
The Hearing Commissioners recommended the Minister for the Environment grant the application. This recommendation was adopted by by Environment Canterbury Commissioners at a special meeting in July 2011 and will now be referred to the Minister for the Environment for a final decision.
The only appeal allowed under the Environment Canterbury Act is to the High Court on points of law. The ability to appeal to the Environment Court has been removed by the Environment Canterbury Act.