Concern over distribution

Concerns legal uncertainty over the continuation of water race licences could result in major disruption to Central Otago's water distribution has led the Otago Regional Council to look to the courts for clarification.

The council plans to seek a judicial declaration on the future of water races as it was not clear if they would expire in 2021, as will mining right water permits.

Council chief executive Graeme Martin said in an interview water race licences, of which there were a few hundred in Otago, gave holders the right to convey water from one point to another, sometimes over other people's property.

"They are terribly important to people who use them."

Cr Gretchen Robertson said in a recent meeting it was important to get a judgement as soon as possible so individuals knew what they were facing.

"It's important for the long-term sustainability of the region."

Mr Martin said as the races had their origins in Otago's gold-mining days, details of the races and their locations were in many cases uncertain.

It was thought the licences, which now came under the jurisdiction of the Resource Management Act, were "seemingly set up forever", he said.

However, that was not clear and there were concerns that a licence could be challenged and that if the challenge succeeded, it would "thus unwillingly disrupt much of Central Otago's water distribution".

"Suddenly, we'd have a lot of chaos in Otago, so we need greater certainty."

It would also become more of an issue as land was subdivided.

Adding to the concerns was that if a judgement found the licences were to expire, the council needed time to sort out mechanisms to deal with the change, as it was doing with the mining-right permits.

Resource management director Selva Selvarajah said some of the water races licences were dependent on the 400 to 500 mining privileges which could not be exercised from 2021, making them redundant.

Councillors last week voiced support for Mr Martin's concerns and recommended he go ahead in seeking a declaratory judgement.

He has been in talks with other affected parties, including the Ministry of Environment, Land and Information New Zealand, the Ministry of Agriculture and Forestry and the Otago Water Resource Group.

The aim was to seek the judgement without individual farmers incurring great costs, he said.