New Zealand’s Fresh Water Resources and Competing Water Permit Applications How Is Priority Determined under the Current Law and Does It Contribute to a Sustainable Fresh Water Management?

Abstract

This paper discusses competing fresh water permit applications in New Zealand and focuses on the questions under which circumstances an application enjoys priority and whether the current priority regime contributes to a sustainable resource management. Firstly, the paper explores the meaning, origin and development of the current priority regime. Thereafter, the paper examines whether these approaches are appropriate. The author concludes that the relevant environmental law legislation implies an application of the firs-in first-served principle and that existing consent holders enjoy special protection. Furthermore, the author states that priority in the sense of first-in first served should be determined by which application is the first ready for notification. In a further step, the paper discusses the sustainability of the first-in first-served principle and possible alternatives or supplements. The author concludes that the first-in first-served principle contains unsustainable elements but also some mechanisms which might promote sustainability. The author supports the introduction of comparative assessments at the consent authority stage or a statutory duty of the consent authorities that they have to employ certain mechanisms that might avoid or mitigate unsustainable results.