09/06/2022
Rough waters with plan changes
By Andy Campbell
WAIKATO regional councillor Stu Kneebone is arguably one of the most knowledgeable people in any council setting when it comes to the complex intricacies of the Essential Freshwater legislation.
The hard work he and the council team have been involved in for more than a decade, and which put them in front of other councils in terms of setting regulations and polices under required Government guidelines now looks to be set back as the Government abruptly changes the goalposts.
Andy Campbell talks to Stu about his personal perspective on what it all means.
BEING ahead of the field is not always an advantage, especially when it comes to water regulations as the Waikato Regional Council is discovering.
For 12 years the council has been pursuing Plan Change 1 (PC1), an environmental overhaul of its fresh water regulations and how they affect users – in line with the Waikato River Authority’s Vision and Voice, Te Ture Whaimana.
PC1 is legally robust as Te Ture Whaimana was enshrined in the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010.
“In terms of fresh water and managing the effects of agricultural activities PC1 was first off the block in the Waikato/Waipā catchments, regional councillor Stu Kneebone said.
“Second was going to be Waihou/Piako and Coromandel and then the third one was going to be the west coast catchments.
“And we deliberately did it that way so we could manage our resources. It was just too big a project to do it all at once.”
In the 12 years PC1 has been through the whole process including public submissions, it has been ratified and is now at the appeals end of the process, but its been pipped at the post by the Government’s regulating Essential Fresh Water, basically a new plan making process under the Resource Management Act intended to speed up the process.
FRESH REVIEW
Now the council is required to do a fresh water policy review to give effect to the new national freshwater regulations, the NPS freshwater and NES freshwater, and the stock exclusion regulations and the fresh water farm plan regulations, and have them done by Christmas 2024.
“They have got the National Environmental Standards for freshwater 2020, NES freshwater they call it,” Stu said.
“They have got the Resource Management Stock Exclusion Regulations 2020. We still don’t know what the final stock exclusion regulations will include.
“I think the South Island issue was it set some pretty stringent regulations around winter grazing. Those guys do a lot of that cropping down there that we don’t really do up here.
“My gut feeling is that particular part of it is not such a big deal for us.
“And then you have got the Fresh Water Farm Plan Regulations, as well the NPS freshwater 2020 which is an update from the 2017 version.”
In rough terms, the WRC has been working away on PC1 only to have the Government step in and say they have to do it their way.
In the Waikato and Waipā catchments Stu said the WRC was well ahead of other parts of the country, driven by the Waikato River Authority’s vision and the voice, Te Ture Whaimana.
“It sort of obliged us to do a whole bunch of things as well. And I guess one of our biggest frustrations is we have done all this work with the community and the farming sector with PC1 to give effect to Te Ture Whaimana, which effectively is all about the mana of the awa – and now the Government’s come in and said ‘Hey. We’ve got a whole lot of other regional councils around the country that we don’t believe have been as proactive as they should be with regards to cleaning up fresh water. And so we are going to impose this hierarchy of obligations over all regional councils in the country’.”
The farmers in the region just want some certainty which would be given once PC1 came through the appeals process.
“But then all these other [regulations] have come in over the top which has just postponed our ability to give them some certainty.”
The appeals process only permits parts of PC1 that have been introduced as specific appeal points, which means the more recently introduced regulations cannot be introduced as part of the appeals process for PC1.
“If you look at the stock exclusion regulations they have been made under section 360 of the RMA - that particular part of the RMA specifies that if regional plan rules are inconsistent with the stock exclusion regulations, then they can be withdrawn and amended to change those inconsistencies without using the schedule one process.”
Schedule one is the where the regional council drafts a new set of rules, notifies them for public feedback then amends and adopt the rules.
The last avenue of redress for submitters who aren’t happy with the final look is appeal through the Environment Court, which is where PC1 is at now.
Stu said section 360 of the RMA allowed the regional council to effectively bypass that process.
“We don’t know if freshwater farm plan regulations will be able to use that process when they come out. We are still waiting to see what the fresh water farm plan regulations will look like,” he said.
“We’ve been told an exposure document will be released about August 2022, and they are going to finalised them at the end of this year.”
There’s also a question mark around whether the regulations are going to be nationwide or regionally specific.
“We’ve been inputting through the submission process I imagine once they are finalised that would be it,” he said.
Similarly the council won’t know what is in Fresh Water Farm Plans until they see them, as each one is unique.
“The whole concept was to help a farmer individualise his farm to look after the environment,” Stu said.
“The way the Government is talking, the fresh water farm plan regs will go quite a bit further than the ones proposed under PC1. A broader range of outcomes and broader range of contaminants to be considered.”
Also expected are a more detailed risk assessment, greater requirements for risk assessment and auditing in terms of when they need to be changed or recertified.
They were hoping to get the details before the end of the year.
“It’s just a lot more complicated and frustrating in the Waikato/Waipā because we have already done a broadly similar process,” Stu said.
The Vision and the Voice Te Ture Whaimana is an 80 year strategy to restore and maintain the Waikato/Waipa catchments.
PC1 encompasses the first ten year of that 80 year journey, Stu said.
“If you think about where we are going to be with water quality after the first 10 years of PC1, obviously we are looking to get a 10% improvement in water quality because we will be about 10% of the way.
“And then you think about if we alternatively just implemented the Government’s Essential Freshwater rules, I would suggest the water quality improvement would be not that much different after 10 years.”