Water Conservation Order: Ngaruroro and Clive Rivers

Six parties have made an application for a water conservation order for the Ngaruroro and Clive rivers.

We are managing the application process and are supporting the Special Tribunal that has been set up to consider and report on this application.

Latest update - 14 December 2018

Applicant's evidence on native bird values and Clive River cultural and spiritual values

As explained in Minute and Direction 17, the Applicant's evidence on native bird values is now available. Also, the Applicant has been granted leave to file evidence relevant to Clive River's cultural and spiritual values, and values in accordance with tikanga Māori (Mr Parsons' evidence).

View Applicant's memorandum seeking leave to file Mr Parsons' evidence

View Applicant's evidence - Stage 2 of the hearing

The deadline for filing Submitter's evidence on native bird values and matters raised in Mr Parsons' evidence is 4pm, Tuesday 5 February 2019.

Update - 3 December 2018

Availability of Applicant's evidence for Stage 2 of the hearing

As required by Tribunal Minute and Direction 16, the Applicant has provided evidence on: hydrology, water quality and native fish, jet boating values, values in accordance with Tikanga Māori, and planning, and on behalf of Forest and Bird, and Jet boating New Zealand.

Evidence on native bird values will be filed by Wednesday 12 December 2018, as explained previously in Tribunal Minute and Direction 17.

View Applicant's evidence - Stage 2 of the hearing

Reminder: Any submitter wishing to provide expert or technical evidence at Stage 2 of the hearing is required to file their written statements of such evidence by 4 pm, Friday 25 January 2019. The requirements for your evidence are outlined in Tribunal Minute and Direction 16. This deadline has been extended for evidence on native bird values to 4pm, Tuesday 5 February 2019.

If you are unable to download copies of the Applicant’s evidence, you can contact us  for electronic copies of the evidence, on a USB stick, or in hard copy. The EPA may charge for hard copy materials.

Update - 14 November 2018

Extension of deadline for filing of evidence on native bird values

The Special Tribunal has released Minute and Direction 17 in response to a memorandum on behalf of the applicant. The new direction extends the deadlines for filing of evidence regarding native bird values (only) as follows:

  • The applicant shall file expert evidence regarding native bird values by 4pm, Wednesday 12 December 2018
  • Any submitter wishing to call expert evidence in relation to native bird values shall file the evidence by 4pm, Tuesday 5 February 2019.

The deadlines in Minute and Direction 16 apply to all other types of evidence.

Tribunal Minute and Direction 17 - Extension for filing of evidence re: native bird values (pdf, 227KB)

Update - 10 October 2018

Notice of Stage 2 of the hearing - 10 October 2018

The Special Tribunal has released information relating to Stage 2 of the hearing, which is scheduled to commence on Tuesday 26 February 2019 at the Napier Conference Centre. Full details and key dates for providing information are provided in Tribunal Minute and Direction 16.

Tribunal Minute and Direction 16 - Notice of Stage 2 of the Hearing (pdf, 328KB)

Key dates for evidence exchange and confirming intentions to present at the hearing are noted below:

  • By 4 pm Friday 30 November 2018 - Applicants' written statements of expert or technical evidence for Stage 2 of the hearing, are due to EPA.
    Please indicate interest in witness caucusing prior to the hearing, including witness availability,
  • By 4pm Friday 25 January 2019 - All submitters are required to confirm with the EPA if they intend to present at Stage 2 of the hearing, and/or call witnesses.
  • By 4pm Friday 25 January 2019 - Any submitter wishing to present expert or technical evidence at Stage 2 of the hearing are required to provide written statements of such evidence, and to indicate interest in witness caucusing prior to the hearing, including witness availability.

Update - 3 October 2018

Hawke's Bay Winegrowers' Association and Gimblett Gravels Winegrowers' Association have submitted a memorandum of counsel in relation to the draft water conservation order, version 3, and timetabling.

Memorandum regarding Draft Water Conservation Order Version 3 (pdf, 140KB)

Update 1 October 2018

Analysis of Submissions on additional notification

An Analysis of Submissions (AOS) on the second notification of the Water Conservation Order application has been prepared. It is intended as a standalone document, but refers to the earlier AOS (and uses a similar format).

Dates are being confirmed for Stage 2 of the hearing. All participants will be advised of arrangements and associated directions in due course.

WCO Ngaruroro and Clive Rivers - additional notification - Analysis of Submissions (pdf, 1.4 MB)

Update 18 September 2018

Draft Water Conservation Order version 3

As required by Special Tribunal Minute of Meeting on 1 June 2018, we have received Version 3 of the draft Water Conservation Order from the applicants, along with an accompanying Memorandum of Counsel.

Applicant's Memorandum with V3 of the draft Water Conservation Order (pdf, 413KB)

Update 31 August 2018

TANK group's Final Recommendation

As required by Special Tribunal Minute of Meeting on 1 June 2018, we have received the TANK group plan change recommendations to the Hawkes Bay Regional Council. Version 3 of the Water Conservation Order is due on Friday 14 September 2018.

HBRC Memorandum regarding the TANK groups final recommendations (pdf, 2.6MB)

About the application

The application concerns the entire length of the Ngaruroro River, the tributaries, hydraulically connected groundwater, and the 7 km long Clive River.

About the Special Tribunal

A Special Tribunal was set up to consider this water conservation order application.

Application documents

The application documents prepared by the Applicants and submitted to the Ministry for the Environment are available here.

Original notification and submissions

The WCO for Ngaruroro and Clive Rivers was publicly notified on 24 July 2017. Read about the notification and submissions received.

Tribunal minutes and directions

Minutes and directions of the Special Tribunal. Please check this page regularly for further correspondence from the Special Tribunal.

Tribunal Correspondence

Read requests to the Tribunal from the applicants, submitters, local authorities and other parties. The response may be as a Tribunal minute and direction.

Evidence

The evidence provided by the applicants and submitters is now available

Reports and advice

Read reports and advice, and joint witness statements resulting from expert conferencing.

Hearings

Find information relating to the WCO Ngaruroro and Clive rivers hearing, hearing proceedings, evidence presented, and hearing schedule updates.

Contact us

Contact the WCO: Ngaruroro and Clive Rivers project team.

Previous updates

Read previous web updates on the Water Conservation Order application.

Additional notification and submissions

The WCO for Ngaruroro and Clive Rivers was re-notified on 25 July 2018. Read about the additional notification and submissions received.