Mr McClay and Associate Environment Minister Andrew Hoggard yesterday declared consultation open on the review and replacement of national freshwater policies.
A key aspect of the changes proposed is "rebalancing" Te Mana o te Wai provisions, which in the present national policy statement for freshwater management include a "hierarchy of obligations" in which the health of a waterway is prioritised over the value water has for potential use.
Mr McClay said proposed changes to the national freshwater direction were a key step toward "restoring balance" in how freshwater was managed across the country and "ensuring the interests of all water users, including farmers, growers, and rural communities" were properly reflected.
"Farmers aren’t asking for a free pass — they’re asking for a fair go.
"We won’t stand by while councils weaponise Te Mana o te Wai, to push ideology over common sense.
"It must reflect the importance of freshwater to all New Zealanders."
The ministers’ statement noted the government’s "decisive intervention" last year when it blocked the Otago Regional Council from pushing ahead with its land and water plan ahead of the reforms now under way.
Council chairwoman Cr Gretchen Robertson said having clarity around national freshwater policies was "crucial for Otago" and at present the council was stuck with an outdated plan.
"On the suggestion that the council has ‘weaponised’ Te Mana o te Wai, I firmly reject the claim.
"Te Mana o te Wai is embedded in current government regulation — we didn’t invent it.
"We simply do our job under the law and direction of the government of the day."
Cr Tim Mepham said the government’s "aversion to the influence of Māori culture within legislation" was evident in Mr McClay’s statement.
"If Te Mana O Te Wai had been referred to in English as ‘the authority of water’ and the principles were identified as maintaining healthy waterways and ensuring water was drinkable, then would he refer to it as an ideology?"
Cr Elliot Weir said if the ministers truly believed the ORC was pushing ideology over common sense, it did not "bode well for where reforms to environmental policy [would] land."
It was the delay in implementing the council’s land and water plan that had "brought confusion", Cr Alan Somerville said.
It was good to see progress on the reform of the Resource Management Act and freshwater management, Cr Lloyd McCall said.
"A simplified targeted approach that avoids red tape, if done well, will enable landowners and the environment to work together for their mutual benefit."
Cr Andrew Noone said the council had developed its land and water plan using Te Mana o Te Wai as a fundamental concept.
"In a nutshell, the concept requires adherence to a hierarchy of obligations that prioritises the health and wellbeing of freshwater over human or commercial activities such as using or modifying a water body.
"It’s a very high bar to meet, in my view creating a wetland would be one of the few activities that would be consistent with the number one obligation or priority in [Te Mana o Te Wai]."
Cr Michael Laws said the minister’s criticism was "valid".
"A number of councillors warned the ORC of the unnecessary cost and duplication of planning, but we were not heeded."
Cr Gary Kelliher also "completely agreed" with the criticism.
"ORC wants two things under the [shelved] draft plan, minimise resource use to the utmost, which of course then totally stymies any improvement to our economy, and secondly, for the minimal resources ORC was prepared to make available, primary sectors needed to reconsent almost continually, under very short consent durations and always at risk of losing the consent.
"It’s utterly ridiculous and I am very hopeful these new actions from government will result in clear messages to regional councils to back off and become more realistic in resource management."
Council chief executive Richard Saunders said council staff welcomed the consultation.
"We look forward to working with our councillors to participate in the consultation process as well as considering what the next steps will be in the development of Otago’s long overdue land and water plan."
