27 June 2022
David Haynes
[FYI request #19431 email]
Dear David Haynes
Thank you for your email regarding the National Water Conservation (Rakaia River) Order
1988 Reprint 7 March 2013. I appreciate you taking the time to write.
The Ministry for the Environment has not monitored compliance with the Rakaia WCO. There
is an obligation for councils to give effect to WCOs and their objectives when assessing new
applications for consents (s217 Resource Management Act 1991(RMA)) and they can impose
and enforce conditions on these consents. It is the responsibility of the relevant council to
ensure that the conditions of a resource consent are adhered to.
You may also be aware that the Environment Court has been asked to make a declaration as
to responsibilities for WCOs under the RMA as concerns have been raised about when
councils should take enforcement action.
The court decision will be valuable in this context as we understand that the decision will
provide direction to councils on their ability to enforce compliance with a WCO.
Yours sincerely
Hon David Parker
Minister for the Environment