Water Act 1989

The Minister may revoke a water-use licence if the Minister reasonably believes that—

in the case of the holder of a water-use licence who has been found guilty of a failure to comply with a condition of the licence, that person has continued after that finding of guilt to fail to comply with that condition; or

in the case of a licence that is or has been suspended, water has been used during the suspension on the land specified in the licence for a purpose for which a water-use licence would be required; or

in the case of a licence that has been suspended, the holder of the licence has, within 3 years of the completion of the period of suspension, failed to comply with a condition of the licence.

Before revoking a licence under this section, the Minister must—

notify the holder of the licence as to—

the reason for proposing to revoke the licence; and

the rights the holder of the licence has under this section to make submissions on the proposal; and

allow the holder an opportunity to make written submissions on the proposal to revoke the licence; and

notify any person who has a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposed revocation of the licence.

Submissions under subsection (2) must be made within 2 months of the giving of the notice.

In deciding whether or not to revoke a licence under this section, the Minister must have regard to submissions made under subsection (2) within the period for the making of submissions.

On making a decision as to whether or not to revoke a licence under this section, the Minister must notify the holder of the licence of that decision.