What is a water conservation order?

A water conservation order (WCO) recognises the outstanding amenity or intrinsic values that a specific water body provides.

A WCO can prohibit or restrict a Regional Council from issuing new water and discharge permits, although it cannot affect existing permits.

A WCO can apply to rivers, lakes, streams, ponds, wetlands or aquifers. They can cover fresh water or geothermal water.

What changes are being sought to the National Water Conservation (Lake Ellesmere) Order 1990?

The application seeks the following changes to the Order:

• Amend the name of the lake within the Order to Te Waihora/Lake Ellesmere;
• Add the following as outstanding features of the lake: indigenous wetland vegetation complex; customary fisheries; Ngāi Tahu historical, spiritual and cultural characteristics; and significance in accordance with tikanga Ngāi Tahu, including in respect of kaitiakitanga and mahinga kai;
• Allow for the artificial opening of the lake between 1 April and 15 June of any year;
• Clarify the height datum against which levels within the Order relate from the mean sea level as at 1988 to the 1937 Lyttelton vertical datum;
• Amend the level at which damming, stopbanking and polderisation can occur from 1.13 m.s.l to  1.20 m.s.l, to account for the rise in sea level between the 1937 and 1988 datums; and
• Update terminology – specifically replace references to the Water and Soil Conservation Act 1967 with Resource Management Act 1991 and references to water rights with resource consents.

What reasons have been given for the amendments sought to the Order?

The application gives the following reasons for the changes sought:

• The current Order does not adequately protect all values associated with Te Waihora/Lake Ellesmere.
• The addition of the outstanding features to the Order would give the ability to manage the lake for the protection and enhancement of these values.
• Refining the provisions in relation to lake openings will allow management that on average will improve ecological habitat conditions while still providing for agricultural land use.
• Te Waihora/Lake Ellesmere is a managed lake with multiple community values and several threats to its well-being. The applicants believe that the proposed variations will help facilitate evolving best management of the lake.

Who are the applicants?

The joint application was made by Te Rūnanga o Ngāi Tahu and the Department of Conservation.

Who will run the process?

Environment Canterbury has been given the responsibility under the Environment Canterbury Act to notify the application, to hear the application and submissions on the application and to make a recommendation to the Minister for the Environment. Hearing Commissioners were appointed by the Environment Canterbury commissioners.

What does the process to make changes to the Order involve?

Environment Canterbury will publicly notify the application for amendments to the Lake Ellesmere WCO and call for submissions from the public on the application.

Hearing Commissioner(s) will be appointed by the Environment Canterbury Commissioners.

A hearing will be convened to allow the applicants and submitters who requested to be heard to provide more detail on their submissions. The hearing will also give the Commissioner(s) the opportunity to ask questions.

The Hearing Commissioner(s) will then make a recommendation to the Minister for the Environment, who will then make the decision on whether the Order should be amended.

What are the criteria for Canterbury WCOs to be considered against?

All new or amended water conservation orders in Canterbury are subject to new criteria as a result of the Environment Canterbury Act:

• Subject to Part II of the RMA
• Particular regard must be had to the visions and principles of the CWMS as set out in Schedule 1, Part 1 of the ECan Act
• Have regard to section 207(a)-(c) of the RMA

Do these criteria affect WCOs outside Canterbury?

No – the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act is specific to Canterbury. The processes and criteria around Canterbury water conservation orders apply only during the time the Act is in force: until the October 2013 elections at the latest.

Who could make a submission?

Any member of the public was able to make a submission.

How do I make a submission?

Submissions closed 5.00 pm, Friday 11 February 2011.

Will I be able to make a presentation to the hearing panel?

Submitters who indicated on their submission that they wish to be heard were able to speak at the hearing to provide more detail and to give the Hearing Commissioner(s) the opportunity to ask questions.

Will I be able to appeal the decision?

The only appeals allowed under the Environment Canterbury Act are appeals on points of law to the High Court.

Appeals to the Environment Court have been removed by the Environment Canterbury Act.

Where do I get more information?

Website: http://ecan.govt.nz/lake-ellesmere-wco

Environment Canterbury contact: Susannah Black, phone 0800 324 636 or email Susannah.Black@ecan.govt.nz