Government plans to block councils from notifying freshwater plans after talks seeking a delay met with only partial success

Local government freshwater plans will be blocked by statute pending comprehensive law reform, the Government has announced. 

Its action follows months of talks with councils that have failed to get all of them to halt work on these plans. 

Meanwhile, the council at the heart of the dispute, Otago Regional Council, has responded by calling off a vote scheduled for Wednesday on notifying its fresh water plan, which had been expected to pass.  

This move complies with a decision viewed as essential by Ministers.

“The Government is taking this step to provide farmers with the clarity they need around freshwater management,” three ministers, Chris Bishop, Todd McClay and Penny Simmonds say.

“We want to minimise inefficiencies and duplication for councils, and prevent unnecessary costs for ratepayers.”

The action was initiated as councils worked to implement water quality requirements laid down by the previous Labour Government’s National Policy Statement for Freshwater Management 2020 (NPS-FM). The current Government always loathed that policy and plans to replace it. But Ministers wanted these matters settled under the auspices of comprehensive reform of resource management legislation.

That process has been slow, however, and some councils have pressed ahead with their freshwater plans, saying they have to enforce the law as it is, not as it might be. In some cases, they are believed to have been under pressure from environmental groups, which wanted to make it as hard as possible for councils to delay work on projects  they think are a good idea.   

Government Ministers have repeatedly tried to get councils to delay their freshwater plans. They argued bringing in new rules that might change later would waste time and money for both farmers and ratepayers. 

“We gave councils an extra three years before they had to notify their freshwater plans under the last national policy statement on freshwater,” says the Minister Responsible for RMA reform, Chris Bishop. 

“Most councils said, 'OK, well, that’s fair enough, the Government’s about to replace the NPS on freshwater, so we’ll just taihoa'." 

"But some have not, and we are now acting decisively to make sure that those plans can’t be notified in advance of us replacing the NPS on freshwater.

“Otago is the most obvious [recalcitrant council].”

As a result of these failed talks, a clause will be added to the Resource Management Act Amendment Bill, which is currently before Parliament. This amendment will restrict councils’ ability to notify freshwater plans before the gazettal of the replacement National Policy Statement for Freshwater Management.

Bishop says the move makes sense. 

“Labour’s NPS-FM is extremely complex and expensive for farmers and councils to implement, and despite that, it won’t deliver the outcomes for freshwater that New Zealanders would expect.”

His colleague, the Agriculture Minister, Todd McClay is equally adamant.  

“Regional councils must be equipped to manage freshwater resources in a way that is efficient, effective, and aligned with the Government’s future-focused goals. This amendment ensures the primary sector has clarity over regulations and councils don’t waste time and resources developing plans that will soon be superseded by the new NPS-FM."

“By delaying plan notifications, we are providing certainty to farmers, that their planning efforts will be in sync with national direction.”

Federated Farmers Freshwater spokesperson Colin Hurst welcomes the move by the Government. 

“It’s a sensible decision.   We’re facing a lot of uncertainty……we don’t want to be spending lots of money on plans and notifications, and all that sort of stuff until we’re clear where it’s going to land."  

“Bishop’s letter indicates there is going to be a whole new framework on resource management. We are still digesting this news, but I think, probably, this announcement is OK.”

There is an exception to the new rule which would allow councils to still progress their freshwater plans where it would allow important infrastructural developments or housing projects to go ahead. They would require an application to the Minister for approval.

Otago Regional Council has  meanwhile responded to the Government announcement by pulling a vote on its water plan from its council agenda.

It had been expected to pass, seven votes to five.  The council Chair, Gretchen Robertson meanwhile defends her council's water plan in principle. 

"We now need to take some time to consider the implications of this for the Otago community who still need these issues to be addressed,” she says.  

"This has been a significant process, and everyone has worked well with us democratically so far – as we have worked towards a plan which has been years in the making.”

“We have valued the partnership approach taken with mana whenua in the development of the draft plan and acknowledge the time and effort given to the process."

“However, the Government has made a different call the day before our decision. We look forward to working with the Government on the Plan into the future," says Robertson..

Greenpeace described the Government's move an underhanded overreach that undermines democracy and puts vital fresh water at risk.

"The anti-nature Luxon Government is stripping control from local and district councils who want to protect lakes, rivers, and drinking water for generations to come," Greenpeace spokesperson Sinead Deighton-O’Flynn says.

"Christopher Luxon’s government has declared war on nature, but that should not stop responsible local governments from putting in place their own protections to safeguard their constituents’ access to safe, healthy drinking water."

"Rural communities are suffering the consequences of nitrate-contaminated drinking water, lakes and rivers across Aotearoa are unswimmable, and the state of freshwater is getting worse. We need more protection of fresh water, not less," says Deighton-O’Flynn.