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Sustainable Water Programme of Action: Questions and Answers

General questions

What is the Sustainable Water Programme of Action?
Why do we need the Sustainable Water Programme of Action?
What are the outcomes of the Programme?
How is freshwater managed at present?
Is Government now taking a role in water management?
Will water be privatised with proposals under the water programme?
What is the government doing under the Sustainable Water Programme of Action?

The proposed National Policy Statement for Freshwater Management

What is a national policy statement?
Why do we need a national policy statement?
What does the proposed National Policy Statement for Freshwater Management want to achieve?
How does the national policy statement relate to the proposed National Environmental Standard on Ecological Flows and Water Levels and the proposed National Environmental Standard for Measurement of Water Takes?
How does the proposed National Policy Statement for Freshwater Management relate to the New Zealand Coastal Policy Statement?
What effect will the proposed National Policy Statement for Freshwater Management have on the responsibilities of councils?
What does the requirement for councils to ‘give effect’ to the proposed National Policy Statement for Freshwater Management mean?
What about the regions where there are already comprehensive regulations to manage water quality? Will the proposed National Policy Statement for Freshwater Management affect existing regulations?
Will the proposed National Policy Statement for Freshwater Management help councils to manage competing values around water?
How does the proposed National Policy Statement on Freshwater Management take tangata whenua values and interests into account?
Will Maori rights be affected by the proposed National Policy Statement for Freshwater Management?
How will the proposed National Policy Statement on Freshwater Management deal with the impacts of land use such intensive agriculture or subdivision on water quality?
Will the proposed National Policy Statement on Freshwater Management lead to extra compliance costs for water and land users?
What happens now? How can I make a submission on the proposed National Policy Statement on Freshwater Management to the board of inquiry?

General questions

1. What is the Sustainable Water Programme of Action?

The Sustainable Water Programme of Action was established by the Government in 2003, to ensure that the country's freshwater resources are managed to best support New Zealand's future sustainable development.

Jointly led by the Ministry for the Environment and the Ministry of Agriculture and Forestry, the Sustainable Water Programme of Action has involved many government departments including the Department of Conservation, the Ministry of Economic Development, the Treasury, Te Puni Kokiri, and the Department of Internal Affairs. Local government representatives have also been involved, as well as a Māori reference group and a stakeholder reference group.

The programme is part of the Government's wider Sustainable Development Programme of Action, which also has energy, sustainable cities, and investing in child and youth development work strands.

2. Why do we need the Sustainable Water Programme of Action?

We now need to recognise that water is not an unlimited resource and is one of the country’s most valuable assets which has to be managed effectively.

In most parts of the country we are doing this pretty well, but there are areas like Canterbury, Rotorua and Taupo where there are significant water issues that need to be addressed. Many of these issues are simply an early indicator of an emerging trend nationally.

In New Zealand, there is an increasing demand for water for a range of uses. A recent example is the Waitaki catchment where interests in the river include hydroelectricity, irrigation, recreational, cultural and environmental. We want to have management systems that establish clear priorities for water use and provide for competing interests fairly and efficiently.

We are also experiencing drier conditions along the eastern coast areas of New Zealand, with less rainfall to recharge surface and groundwater systems. In some of these areas including Hawke’s Bay and Canterbury, there is high demand for water to support intensification of agricultural, horticultural and viticultural activities.

While the quality of our water resources rates highly compared to other countries, we are experiencing increasing amounts of nitrogen and phosphorus in our water bodies (in most cases lowland streams). For example, 60 per cent of our lakes are degraded.

This is often the unintentional consequence of rural and urban activities such as agriculture, subdivision, stormwater systems and run-off from roads. We need to take action now to prevent further decline in water quality in some water bodies, and to protect our pristine water bodies.

The Sustainable Water Programme of Action looks at all these issues from a nationwide perspective and this has never been done before. For the first time, we have a big picture, national approach to manage freshwater in New Zealand.

3. What are the outcomes for the Programme?

The Government has identified three national outcomes for freshwater:

Improve the quality and efficient use of freshwater by building and enhancing partnerships with local government, industry, Māori, science agencies and providers; and rural and urban communities.

Improve the management of the undesirable effects of land-use on water quality through increased national direction and partnerships with communities and resource users.

Provide for increasing demands on water resources and encourage efficient water management through increased national direction, working with local government on options for supporting and enhancing local decision making, and developing best practice.

The solutions are long-term. Improving water quality and management is a challenge for now and the future generation. If we don’t start now then the problems will only become worse and more intractable and expensive to remedy.

4. How is freshwater managed at present?

The Resource Management Act 1991 (RMA) sets the framework for freshwater management, and is administered by the Ministry for the Environment.

Freshwater is managed by regional councils who are responsible for the water bodies within their boundaries through implementation of the RMA. They manage water allocation and quality issues by means of regional policy statements and regional plans (which can specify the amount of water that can be taken from certain water bodies and state how the water is allocated to users) and through the resource consent process.

5. Is the Government now taking a role in water management?

Regional councils will continue to be the primary managers of freshwater under the RMA. However, the national scale of some problems and the feedback from the New Zealand public indicates a need for a more clearly expressed role for central government involvement in some water management issues. The proposed actions are a response to the call for greater involvement and action. They seek to support and embed the good practices, expertise, and knowledge around the country and will rely on strong engagement with local authorities, along with industry sectors, Māori, water users and communities.

6. Will water be privatised with proposals under the water programme?

These proposals are not about the ownership of water. They are about improving the management of water. All policy is based on the principle that water be managed as a public resource and the Government, through regional councils, will continue to manage water on behalf of all New Zealand.

7. What is the government doing under the Sustainable Water Programme?

Central government has provided financial assistance to local government and is developing several tools to assist regional councils who are responsible for the day-to-day management of water.

These include:

A National Environmental Standard for Sources of Human Drinking Water came into effect on 20 June. This will ensure that activities do not pollute drinking water sources, so that water remains safe for people to drink after existing treatment.
The National Environmental Standard for Measurement of Water Takes was recently approved and is being prepared for drafting into regulation. This standard will help provide more accurate information about water use to improve sustainable management.
National Environmental Standard on Ecological Flows and Water Levels. The discussion document is out for public comment. This is to promote consistency in the way we decide whether there is sufficient variability and quantity of water flowing in rivers, groundwater systems, lakes and wetlands.
National Environmental Standard for On-Site Wastewater Systems. The discussion document is out for public comment. This is to improve the management and environmental performance of septic tanks and other on-site systems used to treat domestic waste water.

Additional Government activity and funding support

Sustainability, including of water, is one of the four priorities of the ‘Fast Forward’ science funding initiative. ‘Fast Forward’ includes a commitment of $700 million by Government. Industry and businesses in the pastoral and food sectors will also significantly increase their spending in innovation.
$22 million a year invested in fresh water research through the Foundation of Research Science and Technology
Committed $36.7 million as its share of a the Lake Taupo Water Quality Protection Programme
Contributed $4 million to the Ohau Channel Diversion Project to improve Lake Rotoiti’s water quality
In March the Prime Minister announced that the Government will contribute $72.1 million for a programme to protect and restore the Rotorua lakes.
Since its inception the Sustainable Farming Fund has provided over $22 million to 30 project teams working on tolls and techniques water to improve water quality management in the primary sectors
Provided some $2 million to the development of the Waitaki Catchment Water Allocation Regional Plan
Sustainable Land Management and Climate Change Plan of Action ($175 million over five years) will provide impetus to reducing sediment and nitrogen discharges to water.
Sanitary Works Subsidy Scheme – providing grants to local communities
Water efficiency labeling scheme

Further progress

Additional progress made by Primary Sector Reference Group (representative groups from all land-based primary sectors) concentrates on the development of voluntary initiatives (which include objectives and targets) aimed at increasing environmental sustainability of the primary sector, and building the capacity to address sustainability in the primary sector.
Engagement with a wide array of stakeholders (including groups with representatives from environmental non-governmental organisations, local government, urban interests, electricity generators, and the primary sector) has provided valuable input into the Water Programme.

National Policy Statement for Freshwater Management

8. What is a national policy statement?

National policy statements are tools available under the Resource Management Act 1991 (RMA) to help achieve the purpose of that Act. They provide objectives, and policies, and targets to help guide and direct local authorities on how to manage nationally significant resources – such as fresh water.

9. Why do we need a national policy statement?

New Zealand is facing a number of challenges in the management of freshwater resources. These include ensuring there is sufficient water in our lakes, rivers, streams, wetlands and aquifers; protecting freshwater ecosystems, in limiting and remediating degradation of water quality and in ensuring that society gains the greatest benefit from the allocation of available water.

The proposed national policy statement will assist in achieving the key outcomes of the Sustainable Water Programme of Action, which include: improved water quality, more efficient use of water, and management of the increasing demands for water.

10. What does the proposed National Policy Statement for Freshwater Management want to achieve?

The proposed statement aims to improve freshwater management in New Zealand.

It contains objectives and policies for councils on how to manage fresh water within policy statements, plans, resource consent and designation decisions under the Resource Management Act. This will give an increased focus to freshwater management issues than would have otherwise been the case, in planning for and managing activities that impact upon fresh water.

The goal is to help councils to determine how competing national benefits and local costs of the use and impacts on fresh water are managed. The proposed national policy statement seeks to:

address existing and future constraints on the availability of freshwater resources
address the effects of existing and future discharges of contaminants to freshwater resources
provide more certainty in respect of competing demands on New Zealand’s freshwater resources and facilitate opportunities to increase benefits from the use of freshwater resources, within the above constraints on availability
meet the recreational aspirations of New Zealanders, including that freshwater resources are swimmable
address matters of national significance relating to the sustainable management of freshwater resources; and
improve the integrated management of freshwater resources by territorial authorities, regional councils, and others whose activities affect the freshwater resources.

11. How does the national policy statement relate to the proposed National Environmental Standard on Ecological Flows and Water Levels and the proposed National Environmental Standard for Measurement of Water Takes

The proposed national policy statement provides the context and objectives for freshwater management in New Zealand. The two national environmental standards are tools that directly support the proposed national policy statement by setting minimum standards related to specific aspects of water management.

12. How does the proposed National Policy Statement for Freshwater Management relate to the New Zealand Coastal Policy Statement?

The Resource Management Act provides a range of tools for regional councils to manage water. We will look at how some of these tools are being used, and make them work better where needed. On top of this, we want to explore the opportunities to enhance the tools for local government where needed.

The Government wants to give local government more backup and support for local management of water resources. We will work with local government to develop solutions that suit regional circumstances.

13. What effect will the proposed National Policy Statement for Freshwater Management have on the responsibilities of councils?

The proposed statement will provide guidance and direction to local government on the management of freshwater resources. It does not set rules or standards for managing fresh water. Councils will still be responsible for setting rules and standards, but will be guided by the proposed national policy statement when doing so.
The effect of the proposed statement will be that councils must give effect to the national significance of fresh water in their regional policy statements and regional and district plans, and otherwise must have regard to it in day-to-day resource management activities relating to fresh water, including the consideration of resource consent applications, designations or plan changes.

14. What does the requirement for councils to 'give effect' to the proposed National Policy Statement for Freshwater Management mean?

The proposed statement, once approved, will require local government to make amendments (where necessary) to existing regional policy statements and regional and district plans within specified timeframes.
Local government consultation process around changes to policy statements and plans will allow communities to express their social, economic and environmental aspirations so that local authorities can also take those into account when determining the best use of fresh water in their region.

15. What about regions where there are already comprehensive regulations to manage water quality? Will the proposed National Policy Statement for Freshwater Management affect existing regulations?

Each council will need to consider the proposed national policy statement against their RMA planning documents, and identify where any amendments are required to give effect to the proposed national policy statement. This will include a review of existing regulations. In some cases, amendments may not be required to be made where existing regulations or provisions are already found to give effect to the proposed national policy statement.

16. Will the proposed National Policy Statement for Freshwater Management help councils to manage competing values around water?

The proposed statement will require councils to identify “notable values” of outstanding and degraded freshwater resources and set freshwater quality standards and environmental flows and levels for the protection of those values. This will clarify management objectives for water resources and the standards for their protection.

17. How does the proposed National Policy Statement on Freshwater Management take tangata whenua values and interests into account?

Maori have played a significant role in the process that developed the statement, providing considerable input on key issues and concerns. This is reflected in the nature of key provisions. For example:

For example:

The Preamble acknowledges and recognises the Treaty of Waitangi relationship between the Crown and Maori. It also acknowledged the inclusion of iwi and hapu in the future management of freshwater
Each objective under the proposed national policy statement is to be viewed with equal weighting to and in respect of the other objectives
Objective 8 of the proposed Statement seeks to ensure that iwi and hapu are involved, and Tangata Whenua Values and Interests are identified and reflected, in the management of Freshwater Resources. This objective is reinforced by policies that require councils to identify and recognise Tangata Whenua Values and Interests when preparing policy statements and plans under the Resource Management Act (1991) (RMA)
Proposed policy 8 specifically requires councils to make publicly available records of the process that they used to identify the Tangata Whenua Values and Interests in Fresh Water Resources of the region, including the identification of the relevant iwi and hapu.

Maori involvement in the process that developed these provisions includes:

the establishment in 2004 of a Maori Advisory Group on freshwater management to provide advice on the Sustainable Water Programme of Action
Maori participation in the Ministerial Advisory Group Minister which reports to the Environment and the Minister of Agriculture
A programme of 17 consultation hui in 2005 to identify Maori issues with freshwater management

At the same time the Government acknowledges that the statement is one step in a wider programme of engagement with Maori on the management of freshwater. Other areas of activity include historical settlements such as the Te Arawa Lakes agreement and the programme to reverse the degradation of Lake Taupo. The Treaty of Waitangi provides the overall framework within which this engagement takes place.

18. Will Maori rights be affected by the proposed National Policy Statement for Freshwater Management?

The proposed Statement gives positive effect to Maori rights by providing a better and more effective management framework for fresh water. This will improve the way fresh water is currently managed and benefit Maori and all New Zealanders.

19. How will the proposed National Policy Statement on Freshwater Management deal with the impacts of land use such intensive agriculture or subdivision on water quality?

The proposed statement will require councils to improve the management of the undesirable effects of land use on water quality by tying together policies of water quantity, water quality and land-use development so that council planning takes place in an integrated and strategic manner.

The proposed statement addresses the impacts of land use development through directing:

Setting of freshwater quality standards and environmental flows and levels (Policy 1(c);
Considering the sensitivity of each freshwater resource to adverse effects including the effects of land use development (Policy 4(b));
Councils to effectively manage land use development and discharges of contaminants (Policies 1(h) and 5(a));
Integrated management, including the development of infrastructure (Policies 1(j), 3(b), 5(c)) and 6(d);
Inclusion of consent conditions to protect water quality from degradation (Policies 2(c), 3(b), 6(b)
The use of the use of industry good practice (Policies 2(c), 3(b), 5(b) and 6).

20. Will the proposed National Policy Statement on Freshwater Management lead to extra compliance costs for water and land users?

It is possible that the proposed national policy statement will result in extra compliance costs due to changes in practice to improve water quality and ensure availability of supply.

The primary impact of the proposed statement will be to bring forward costs and changes to regional policy statements, and regional and district plans that are otherwise likely to have occurred at a later date, rather than generate new costs. However, bringing forward the costs will increase the net present value, and will possibly result in the costs falling on different parties with varying distributional impacts.

The greatest cost of the proposed statement is expected to fall on affected landowners, particularly those within the primary sector, as certain activities will be constrained as a result of amendments to the regional and district plans.

22. What happens now? How can I make a submission on the proposed National Policy Statement on Freshwater Management to the board of inquiry?

An independent Board of Inquiry will consult on the proposed national policy statement. The Board will call for submissions in due course and this will be your opportunity to have a say. All submission will need to be made to the Board directly. Judge David Sheppard has been appointed as chairperson and Kevin Prime, Jenni Vernon and Dr Jon Harding as members of the Board of Inquiry.

As part of its work, the board will establish a process for receiving public submissions, both written and oral. The process, including the time and place of hearings, will be notified through public notices in national and local newspapers. The board may also commission reports. How long the hearings take depends on the number and nature of submissions.

Once New Zealanders’ views have been heard, the board will provide its independent report to the Minister for the Environment. The Minister will then consider the report, as well as a final section 32 evaluation report and Regulatory Impact Statement, and may make any changes as the Minister sees fit. The final step is the approval of the national policy statement by the Governor-General and gazetted.