Water take consents expiring in 2026

Water take consents in the Bay of Plenty, granted before the Resource Management Act 1991 (RMA) came into effect, will expire on 1 October 2026. Under the Resource Management (Duration of Consents) Amendment Act, water-related consents cannot be extended beyond a total duration of 35 years, so these consents will still expire on 1 October 2026.

 To continue taking more water than what is provided for under the permitted activity rules, consent holders must apply for a replacement consent by 1 April 2026 to secure automatic s124 existing user rights.

*Section 124 of the RMA gives Bay of Penty Regional Council discretion to allow consent applicants to continue using their current consent until the new consent is granted.

Due to the large number of expiring consents, we are working to automate and streamline the replacement process where possible. By batching applications and coordinating consultation with affected parties (including tangata whenua), we aim to make the process more efficient and cost-effective. 
 
To do this we have developed an online groundwater application tool which streamlines the groundwater renewal process. If a replacement groundwater consent application is for the same or lesser rate of take and volume than what is provided for in their existing consent, and the applicant is happy with Regional Council batching their consent, the standard deposit fee will be reduced from $4,000 to $2,600 (Incl GST). 
 
If a replacement surface water or geothermal water consent application is for the same or lesser rate of take and volume than what is provided for in their existing consent, and the applicant is happy with Regional Council batching their consent, it is likely the final cost of their consent will be significantly reduced. However, a deposit fee of $4,000 (Incl GST) will still apply.

You can view the details of any resource consent, including the expiry date, on our Consents mapping tool

Do I still need a consent?

The Regional Natural Resources Plan (RNRP) sets the permitted activity rules for water takes in the Bay of Plenty: 

For surface water (streams and rivers) the plan provides for:

• Up to 15 cubic metres (m³) per day, per property
• A maximum rate of 2.5 litres per second or 10% of the five-year low flow (Q5 7-day low flow)—whichever is lower
• See Rule 41 of the RNRP for additional permitted activity conditions.

For groundwater, the plan provides for: 

• Up to 35 m³ per day, per property.
• See Rule 38 of the RNRP for details. 

Geothermal water takes have specific rules due to the unique nature of the resource. A resource consent is required for most geothermal water takes.  

• See Rule GR R2 of the RNRP for details. 
• The take and use of geothermal fluid is covered by provisions in the Geothermal Resources section of this regional plan, and the Rotorua Geothermal Regional Plan (for activities in the Rotorua Field).    

If you're unsure whether your water take is permitted or consent is still required, contact our Duty Consents Officer at 0800 884 881 or consents.queries@boprc.govt.nz 

If you no longer require your consent, you can complete a Surrender Form and return it via email to regulatory.admin@boprc.govt.nz or drop off at any Bay of Plenty Regional Council office. 

Preparing for your replacement consent  

The streamlined ground water renewal application form (including the Assessment of Environmental Effects) has been designed to be straightforward and will be ready mid to late 2025. We will reach out to consent holders and industry to advise when this form is ready.

Why start now? 

Many consent holders will need to upgrade their infrastructure to meet updated regulations. These upgrades may include:

• A verified water meter to measure water use.
• A telemetry system to send water data to the Regional Council.
• A concrete apron around bore casings to prevent contamination.
• A backflow prevention device (if using fertigation).

With over 480 consents expiring at the same time, demand for technicians and equipment will be high. Upgrading equipment early gives you time to gather the required information and avoid delays.

Track your water use 

Accurate water use records help establish that the volume you are applying for is efficient for activities on your site(s), something that must be demonstrated through the consenting process. If you haven’t already, we highly recommend:

• installing a water meter and having it verified by a BlueTick-accredited contractor
• recording your water use regularly. 

Under the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010, all water takes at a rate of 5 litres per second (L/s)or more must be metered and recorded according to specified standards. Regional Council require the majority of water takes to be telemetered (including water takes below 5/s) through standard consent conditions to ensure efficiency of use and monitor for compliance with consent conditions.

Check your existing consent 

Before applying for a replacement consent consider,

✔ Is your actual water usage reflective of your current consent conditions?
✔ Are there any efficiency measures that you could implement to reduce the rate of take and/ or volume required for the activities at your site (i.e water storage onsite)?

Where to start  

The online application form will be made available from mid to late 2025. It is designed to allow ground water take consent holders to save and exit throughout the process, so consent holders can complete the application in stages, at a time that suits. Consent holders able to take up this option will be sent a unique link to complete their online form.

Future changes to freshwater rules 

Following the Government’s announcement to suspend all plan changes until the new Resource Management Act 1991 replacement legislation and review of the National Policy Statement for Freshwater Management 2020 comes into force, Toi Moana Bay of Plenty Regional Council has paused progress on changes to regional plans to improve how we manage freshwater in our region. 

Learn more here.