As a result of the Environment Canterbury Temporary Commissioners and Improved Water Management Act 2010 (ECan Act), Environment Canterbury now has the role of hearing and recommending to the Minister for the Environment on WCO applications, instead of a Special Tribunal and the Environment Court. This includes the Hurunui WCO application which was due to be heard by the Environment Court in April 2010.

The applicants for the Hurunui WCO were invited to revise their application to take into account the new criteria for water conservation orders (see below) under the ECan Act.  Their revised application has been received and accepted and all submitters in the previous process (including those who appealed to the Environment Court) have been invited to make a new submission within 30 working days. If submitters do not make a new submission, their original submission will still be considered.

The revised application and submissions will be considered by Hearing Commissioners appointed by Environment Canterbury and a hearing will be held to allow the applicants and submitters to present their case.

The Hearing Commissioners will then make a recommendation to the Minister for the Environment.

The Minister will make the final decision on the Hurunui Water Conservation Order. The only appeal allowed under the ECan Act is to the High Court on points of law. Appeals to the Environment Court have been removed by the ECan Act.

Water conservation order new criteria (summary)

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

• Subject to Part 2 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) RMA