Section 14 — Resource Management Act 1991: Restrictions relating to 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 20A (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 and in any relevant proposed 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. Subsection (2) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “ 20A ” for the expression “ 20 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (3)(a) was amended, as from 7 July 1993, by section 12 Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ and in any relevant proposed regional plan ” .