Frequently Asked Questions

Accessing Water on my Property

What water can I source on my property without the need for a take consent?

Under the Resource Management Act (RMA), section 14, a landowner is able to take water for an individual’s reasonable domestic needs or the reasonable needs of a person’s animals for drinking water without the need for a consent, as long as it does not have an adverse effect on the environment. The relevant section of RMA S14 is stated as follows:-

S14 (3) A person is not prohibited by subsection (2) from taking, using, damming, or diverting any water, heat or energy if –(a) in the case of fresh water, the water, heat or energy is required to be taken or used for –(i) an individual’s reasonable domestic needs; or (ii) the reasonable needs of an individual’s animals for drinking water, and the taking or use does not, or is not likely to, have an adverse effect on the environment; (b) the water is required to be taken or used for firefighting purposes.

What limits do Council Rules place on my right to take water?

Each council has a slightly different approach to what is considered a permitted activity. For example chicken shed drinking water is considered s14 water by some councils but not by others. Each council in New Zealand has a set of rules that determines the permitted activity for a particular aquifer. This water can be for any purpose and generally excludes that used for stock drinking and domestic purposes.

For example in the Auckland area in many aquifer management areas, the permitted activity rule under the Auckland Unitary Plan allows the taking of up to 20m³/day and 5,000m³/year in excess of the s14 use. In the more intensely used aquifer management areas however, the permitted activity is only 5m³/day. As groundwater becomes more widely used the permitted activity volume is likely to be reduced. Once water is fully allocated within a management area, then the Permitted Activity rule may be removed.

If you are using water within the permitted activity guidelines we would recommend you contact your respective council and be registered as a permitted activity user. There are two reasons for doing this. Firstly if a neighbour decides to construct a bore (legally) then the council will have to consider the effects on your groundwater take. Secondly if council tighten up water use, then if you are registered it may protect your existing use rights.

It is recommended advice is sought to ascertain what the rules are regarding your local council if it is planned to take water for use other than domestic purposes.

What are potential adverse effects that need to be assessed when a new project is planned that requires groundwater?

If the water is being taken from a bore for domestic use or permitted activity use then generally there should not be an adverse effect. Adverse effects that need to be considered can include the following:-

• Effects on a neighbours bore

• Effects on surface water

• Effects on the quality of water eg increased salinity

• Ground settlement effects

Is there groundwater available on my property or the one I propose to buy?

Councils throughout NZ were required to determine sustainable limits on both surface water and groundwater resources by 31 December 2018. Following this date, Councils are required to implement the policy of the National Policy Statement for Freshwater Management 2014 (revised 2017) by 31 December 2025. Implementation of these standards will mean a gradual tightening up of access to water resources, particularly surface water. In some areas groundwater resources are fully allocated based on council resource estimation. Any application to obtain groundwater will first need an understanding of what water is available for abstraction and from what aquifer as there may be multiple aquifers beneath your property.

Should I apply for surface water or Groundwater take application?

For surface water, the abstraction can be less reliable. Councils are facing new rules set by the National Policy Statement on Freshwater which require councils to set minimum flows to maintain environmental standards for each stream. Councils can order all surface water takes on a particular stream to cease if the stream flows reach the minimum sustainable environmental flow levels. It is recommended advice is sought to understand the potential adverse effects and the requirements of the local Council before commencing with an application for the taking of water from a stream/river.

On some sites there is opportunity to access either surface water or groundwater. While capital and operating costs are cheaper to access surface water, the reliability of supply is becoming more difficult to obtain from surface water and in addition councils may require ongoing surface water monitoring, the cost of which can negate the cheaper establishment costs. This is particularly true in the Auckland region where streams are small.

What do I need to know before drilling a water bore?

For most if not all councils a bore permit is required prior to drilling the bore. Most drillers are aware of the requirements of the local council in respect of drilling a hole.

The key to having your bore drilled is that it is constructed to meet the purpose of your groundwater take. For example if the bore is required for drinking water purposes then you need to ensure the casing is sufficiently deep enough to prevent groundwater contamination from surface water infiltration and that is set away from potential contamination sources. The setback distance will vary depending on the depth of casing and the type of surface soils present at the site.

Before drilling the bore you need to know if there are any existing neighbouring bores that have the potential to affect groundwater levels in your bore.