Annotated Bibliography of Western Canadian Water Law

New Zealand

Sharp, Basil, “Tradable Water Permits in New Zealand”. Transferability of Water Entitlements: An International Seminar and Workshop, July; Papers for Presentation. (Armidale: Centre for Water Policy Research, University of New England, NSW, Australia, 1990).

            This article provides a fairly comprehensive review of tradable water permits in New Zealand.  Sharp begins with an overview of the historical water rights, chooses one basin to serve as an illustration, and then discusses the means and ends of current reform in the area.  The author identifies the Water and Soil Conservation Act 1967 as a major source of water rights, as well as various Mining Acts, which are now used exclusively for irrigation permits.  Only the Crown and organizations falling under the WSCA 1967 can apply for conservation orders under the act.  Sharp uses the Opihi Catchment as an illustration of water rights in New Zealand.  He breaks down the water use, and describes its priority.  Sharp offers a number of general conclusions about water rights in New Zealand from a previous study of three catchments.  The second half of this paper provides a detailed examination of proposed reforms.  Sharp includes a review of institutional structures, regional water management plans, ways to allocate water rights, a permit system, legal constraints on trading water permits, and the creation of a water agency. 

NC / NB