Environment Canterbury placed a moratorium on resource consent applications relating to water in the Hurunui River and its tributaries. This moratorium was lifted on 1 October 2011.
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What is a moratorium?
A moratorium, in this context, is a prohibition on making or granting applications for resource consents for water or discharges. The Council has a power, under the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 (section 34) to do this, in any catchment in the Canterbury region.
What was the Hurunui moratorium?
The Hurunui moratorium applied to any activity which involves the taking, use, damming or diverting of surface water or stream depleting groundwater (known as hydraulically connected groundwater) where:
- The activity involves water from the Hurunui River from its source to the sea or any tributary of the Hurunui River; and
- The activity would require a resource consent (under section 14 of the Resource Management Act 1991).
The activities affected are known as ‘specified applications’.
The moratorium applied from 2 August 2010 until 1 October 2011.
Who was affected by the moratorium?
The Hurunui moratorium affected:
- Any new applications for a resource consent for the activities listed above (the specified applications); and
- Any applications to change existing consents that fall into the category of specified applications.
The moratorium did not affect people continuing to use their existing consents, unless they wanted to make changes to them.
If a consent is due to expire during the time period of a moratorium, you can continue to operate under the same conditions as in the consent for the period of the moratorium.
What happens to any applications which are made to the Council during a moratorium?
- Any resource consent application made to the Council for activities covered by a moratorium, after a moratorium starts, will be sent back to the applicant.
- Any application made to the Council prior to the moratorium start date will not be processed any further, except where described below. Applications retain their priority in any queue for water takes.
- Any application which is already lodged with the Council and has been heard or the Council had decided a hearing was not needed, will be decided and, if granted, may be used.
Why did the Council impose a moratorium?
The Council chose to impose a moratorium in the Hurunui to give some time to get a comprehensive water plan for the catchment completed. At present there are several planning processes occurring around water in the Hurunui, all of which raise similar issues and involve many of the same parties. By placing resource consent processes on hold, the Council hoped that those parties would come together to work with the Council in one process, saving everyone’s time and money, and getting broad solutions rather than processing individual resource consent applications.
What happens when a moratorium ends?
Once a moratorium ends, any person who has an existing application with the Council has six months to revise the application, considering the new planning framework. Once the six months has ended, the Council can resume processing these applications and can accept new applications for processing as well.
Where can I get help?
Environment Canterbury has set up a Hurunui Response Team. Please contact them, through our usual Customer Services number: 0800 ECINFO or 0800 324 636.
Please contact us if you have any questions or if you think you may need a consent or changes to your existing consent during the moratorium period.
We have a range of tools to ensure people can carry on their day-to-day activities involving water takes, uses and diversions.
Disclaimer: This page provides general information on the moratorium on the Hurunui River and its tributaries by the Canterbury Regional Council (Environment Canterbury). It is not intended to be, and must not be relied upon, as legal advice.