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Rural Property

Water is everything.

In Hawke's Bay, water isn't just a utility - it's the foundation of property value. Paper water rights don't always translate to actual water.

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The Allocation Reality

Many catchments in Hawke's Bay are fully or over-allocated. New consents may be difficult or impossible to obtain, and existing consents may face restrictions during low-flow periods. Water availability determines what you can actually do with the land.

Special Rules Apply

The Tukituki Catchment

If your property is in the Tukituki catchment, additional requirements apply under Plan Change 6, operative since October 2015.

Farm Environmental Management Plans

All properties in the Tukituki catchment must have a FEMP. This document summarises environmental risks and how they're managed. Check whether the property has a current FEMP and what obligations it creates.

Dissolved Inorganic Nitrogen Limits

Some sub-catchments exceed nitrogen limits. Currently, Mangaonuku and Kahahakuri sub-catchments require land use consents due to DIN exceedances. More sub-catchments may be added.

Water Allocation Zones

The Tukituki catchment has specific allocation zones for surface water and three groundwater zones on the Ruataniwha Plain and Papanui Catchment. Allocation status varies by zone.

Know What You are Buying

Types of water rights to check.

Surface Water Takes

Water drawn from rivers, streams, or lakes. Subject to minimum flow restrictions - you may not be able to take water when river levels drop below specified thresholds.

Check: Consent conditions, minimum flow triggers, and actual reliability during dry periods.

Groundwater Takes

Water drawn from bores. Less immediately affected by drought but subject to allocation limits and potential interference with neighbouring bores or streams.

Check: Bore depth, pump capacity, water quality, and whether the aquifer zone is over-allocated.

Stored Water

Water held in dams or tanks. Provides drought resilience but may be subject to consents for construction and filling.

Check: Storage capacity, dam safety compliance, and consent status for both dam and take.

Stock Water

Water for animal drinking. Some takes are permitted activities not requiring consent, but volumes are limited.

Check: Whether current or planned stock numbers fall within permitted activity limits.

Red Flags in Water Due Diligence

Consent Expiring Within 5 Years

Renewal isn't guaranteed, especially in over-allocated catchments. The consent may be reduced or subject to new conditions on renewal.

Under-utilised Consent

If the previous owner hasn't used the full allocation, this may affect renewal. Some catchments have "use it or lose it" provisions.

Multiple Takes on One Consent

Complex arrangements with shared takes or staged allocations require careful analysis of exactly what you are acquiring.

Reliance on Verbal Arrangements

Access to water across neighbouring land or shared infrastructure without formal agreements creates uncertainty.

No Storage or Backup Supply

Pure reliance on river takes in a region with variable flows is high-risk for drought years.

Regional Update

Post-Cyclone Gabrielle Considerations

Infrastructure Damage

Bores, pump stations, and irrigation systems may have sustained damage. Visual inspection doesn't reveal all issues. Request maintenance records.

Aquifer Impacts

Groundwater levels and quality may have changed. If recent bore test data isn't available, this is a gap in your due diligence.

Changed Watercourses

Rivers and streams altered course in some areas. Surface water takes may be affected if the source has moved.

What consent analysis involves.

A thorough water consent analysis goes beyond reading the consent document. It involves understanding how the consent actually operates in practice.

Consent term - when does it expire and what's the renewal pathway?
Allocated volume - annual and instantaneous take limits
Actual use records - has the consent been fully exercised?
Consent conditions - monitoring, reporting, and restriction triggers
Transfer provisions - can the consent be transferred to a new owner?
Infrastructure condition - is the take and distribution system adequate?

The difference between paper rights and actual water is crucial. A consent may authorise significant water take, but if the source can't physically deliver that water during peak demand, the consent overstates your actual position.

Key Takeaways

01

Water consent analysis is the most important due diligence for Hawke's Bay rural property.

02

The Tukituki catchment has specific FEMP and consent requirements under Plan Change 6.

03

Paper water rights don't always equal actual water availability.

04

Check consent expiry dates - renewal isn't automatic in over-allocated catchments.

05

Cross-check all water claims with HBRC records before committing.

Related Guide

Essential considerations before purchasing a lifestyle block, including water rights.

Read the Lifestyle Property Guide

Buying rural in Hawke's Bay?

Water due diligence requires local expertise. Our rural property team understands the regional water framework and can identify issues before they become your problem.

Or call us on 06 835 7394

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