Water Act 2000

If the chief executive is given a notice about a water allocation under section 73(1)(b), the notice causes to be continued, in the water allocation, an interest equivalent to the interest had by the interest holder in the former water entitlement or other authority to take water until whichever of the following first happens—

60 business days expire after details of the water allocation are recorded on the water allocations register under section 146(1)(b);

the interest mentioned in the notice is recorded on the water allocations register.

Subsection (1) applies despite the expiry under section 146(1)(a) of the former water entitlement or other authority to take water.

However, if, before an event mentioned in subsection (1)(a) or (b) happens, the interest holder lodges a caveat claiming an interest in the water allocation, the equivalent interest continues until—

the interest claimed in the caveat is recorded on the water allocations register; or

the caveat earlier lapses or is otherwise cancelled, removed or withdrawn.

The registrar must not record any other dealing for the water allocation, other than a notice mentioned in section 172(1), until subsections (1) and (3) cease to have effect in relation to the interest.

If more than 1 notice is given under section 73(1)(b), the interests must be recorded in accordance with the priority the interests have on the land registry, as at the day the water allocation is recorded, for the land to which the former water entitlement or other authority to take water was attached.

However—

for an interest that is not an interest that was recorded under the land registry but is recorded in another register, the interest must be registered in priority according to the time the interest was recorded in the other register; or

for an interest not recorded in another register, the interest must be registered in the priority in which the interest was lodged for registration.