It is pleasing to note public interest in freshwater management has been increasing: better understanding of the process will enable effective participation.
Under the Resource Management Act (RMA) 1991, central government can regulate freshwater management by national policy statements and environmental standards and the regional councils can use their plans to control freshwater management, including controlling land use for the above purpose.
Timely and effective national directions are critical when there are shared natural resource issues across the country, which are of national significance.
Unfortunately, the first freshwater national policy statement was introduced only in 2011. It was reviewed in 2014 with some minor amendments, again in 2020 with major changes and further reviews are proposed by the new government.
National Policy Statement for Freshwater Management (NPS-FM) 2020 has a single objective and 15 policies which must be implemented by changes to regional policy statements and plans. In consultation with the communities and iwi, councils must set long-term visions, goals and values with timeframes for improving health of the defined water bodies. For example, ecosystem health is one of the five compulsory values, and drinking water supply is one of the nine other values.
Councils must determine existing status of the rivers and lakes and identify attributes (water quality indicators) for each value and set target attribute state (TAS) using the water quality states prescribed in the NPS-FM. As for water quantity, lake levels, river environmental flows and allocation must also be set with timeframes.
To achieve targets, resource use limits and rules must be set. For example, to regulate nutrients in degrading rivers or lakes, councils must assess catchment contaminant loads from land uses and determine load reduction to achieve the desired water quality target. This can be achieved by new rules controlling land use, nutrient input (eg fertiliser use) or output (eg nitrate leaching losses).
Plan/policy changes must follow the new freshwater planning framework and are called freshwater planning instruments. Freshwater hearing panel with extensive powers are approved by the Minister for the Environment.
After a hearing, the panel will make recommendations to the council, which can accept or reject the recommendations and notify decisions. Any rejected recommendation must be replaced with alternative solution with reasons, which are subject to the Environment Court appeals. Appeals on questions on law will be considered by the High Court.
Considering the extensive preparation and consultation, most regional councils may struggle to notify the plan/policy changes by December 2024. The December 2027 deadline set by the new government may appear excessive, however, when considering the government NPS-FM review process and the additional time needed by councils, the deadline appears sensible.
One of the contentions of the NPS-FM 2020 has been a perceived difficulty in implementing Te mana o te Wai. From a legal perspective, Te mana o te Wai may not be the issue. This is because clause 1.3 of NPS-FM defines Te Mana o te Wai concept as "... protecting the health of freshwater protects the health and well-being of the wider environment ... Te Mana o te Wai is about restoring and preserving the balance between the water, the wider environment, and the communities ...".
The single objective of the NPS-FM makes no reference to Te mana o te Wai. It simply prioritises the health of a water body above the health needs of the people.
Is the NPS-FM objective achievable when developing rules or granting resource consents when ecosystem, human health, socio-economy and culture are heavily dependent on freshwater? If the objective is subject to compromises the objective is not achieved.
For example, none of the existing hydro-electric power generation would not have been granted resource consents because of significant impacts on the respective freshwater ecosystems.
Giving effect to Te mana o te Wai is the first policy, which makes sense and is achievable since the concept is timeless, logical and balanced unlike the objective. Why not make the above concept the objective? It is baffling, however, providing for social, economic and cultural wellbeing is the last (15th) policy which is a critical component of the purpose of the RMA and cost benefit analyses of the rules.
NPS-FM 2020 implementation is not just another government regulation to tick the box. I wonder how many are aware that giving effect to the NPS-FM in its current form is the most significant regulatory step ever undertaken in the history of New Zealand in managing our freshwater ecosystems.
For the first time, freshwater planning is accorded a special process under the RMA, councils will set nationally promoted water quality values and attributes and regional targets achieved by rules, land use or input controls are mandated in all regions to reduce contaminant loads and to maintain freshwater accounting system and report water quality data regularly. If not executed well, the rules are likely to have unprecedented impacts on agriculture and horticulture with little or no changes in ecosystem health.
The postponed freshwater plan December 2024 and review should be considered as an opportunity to ensure our freshwater management and the associated processes are sensible, effective and consistent across New Zealand.
There is opportunity to streamline and mandate robust methods to assess catchment contaminant loads and load reduction and rules. It is ideal for iwi and the affected industries to be part of the process. There is also opportunity for regions to manage combined planning processes under the Act. Central government’s active participation and leadership in councils preparing for freshwater planning instruments is crucial owing to freshwater management being a nationally significant issue.
I hope the government achieves effective and consistent freshwater and land management, leading to an improved ecosystem and cultural and socio-economic performance.
■Selva Selvarajah is consulting director of Enviroknowledge Ltd.
