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Resource Management Act 1991  069
Commenced: 1 Oct 1991
III: Duties and Restrictions Under This Act
Water
14   Restrictions relating to water




                                  Water

   14. Restrictions relating to water---(1) No person may take, use, dam,
 or divert any---
   (a) Water (other than open coastal water); or
   (b) Heat or energy from water (other than open coastal water); or
   (c) Heat or energy from the material surrounding any geothermal
         water---

 unless the taking, use, damming, or diversion is allowed by subsection
 (3).

   (2) No person may---
   (a) Take, use, dam, or divert any open coastal water; or
   (b) Take or use any heat or energy from any open coastal water,---

 in a manner that contravenes a rule in a regional plan or a proposed
 regional plan unless expressly allowed by a resource consent or allowed
 by section 20 (certain existing lawful activities allowed).

   (3) A person is not prohibited by subsection (1) from taking, using,
 damming, or diverting any water, heat, or energy if---
   (a) The taking, use, damming, or diversion is expressly allowed by a
         rule in a regional plan or a resource consent; or
   (b) 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; or
   (c) In the case of geothermal water, the water, heat, or energy is
         taken or used in accordance with tikanga Maori for the communal
         benefit of the tangata whenua of the area and does not have an
         adverse effect on the environment; or
   (d) In the case of coastal water (other than open coastal water), the
         water, heat, or energy is required for an individual's
         reasonable domestic or recreational needs and the taking, use,
         or diversion does not, or is not likely to, have an adverse
         effect on the environment; or
   (e) The water is required to be taken or used for fire-fighting
         purposes.
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