Prior to the Resource Management Act (RMA), water rights or permits were issued under the Water and Soil Conservation Act 1967. When the RMA came into force on 1st October 1991, this included regulations which made the Water and Soil Conservation Act 1967 cease to have effect.
Section 386 of the Resource Management Act outlines the requirements for the water rights issued under the Water and Soil Conservation Act and states that all permits that do not otherwise expire by the 35th anniversary of the RMA will expire on this date. Therefore, if you have a water right issued under the Soil and Water Conservation Act that has not yet expired, it expires on the 35th anniversary of the RMA which is 1st October 2026.
Do I need to apply for a new consent before then?
Yes, you do if you want to carry on with the activity after the consent expires.
When do I need to apply by?
You can apply for a new consent anytime before the consent expires, but it should be lodged at least six months prior to 1st October 2026 to allow you to continue the activity under Section 124 rights.
We recommend that consent holders start gathering their information together as soon as possible, and get the ball rolling to get the application ready to lodge before the end of March 2026 at the latest.
Depending on the activity, it may take some time to complete the Assessment of Environmental Effects (AEE) – especially if you need any technical assessments such as a pump test, and to complete the consultation with affected parties. In some cases, it could take up to six months or more to prepare your application.
It is expected that there will be a huge number of consents lodged in the late part of 2025 and early part of 2026, council, iwi and consultants will be inundated during this period and therefore it is a good idea to start the process as soon as possible.
Jessica Hunter
Environmental Consultant