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Vote Environment Output Class: Environmental Policy Advice

The Ministry has a strong role in ensuring effective environmental governance in New Zealand. As part of this role it undertakes investigations, analysis, review and monitoring. It provides advice on a range of environmental issues. The role includes leading whole-of-government initiatives, coordinating the collaboration of central and local government in the delivery of environmental programmes and administering legislation, as well as providing advice to the government and others.

Performance measures

Outputs in this class were provided within the appropriated sum and within the timeframes as specified in the Estimates (unless otherwise stated). Performance measures were specified for each output as appropriate.

Drafting instructions were completed subject to timeframes set in the Government’s Legislative Programme.

All outputs were delivered to the Ministers’ specifications. Orders in Council and regulations were intra vires and in accordance with principal statutes.

Resources employed

Actual
30/06/2006
$000

 

Actual
30/06/2007
$000

Main estimates
30/06/2007
$000

Supplementary estimates
30/06/2007
$000

 

Revenue:

 

 

 

31,081

Crown

34,476

34,359

34,726

354

Departmental

400

367

367

398

Other

117

5

5

31,833

Total revenue

34,993

34,731

35,098

31,302

Total expenses

34,618

34,731

35,098

531

Net surplus

375

0

0

Review of output achievements

Leadership on environmental sustainability

Develop and implement a strategy for the Ministry to take a more active leadership role in environmental issues across government and the broader environment and sustainable development sectors

Achieved. The Ministry provided advice to the Government on improving the sustainability of New Zealand, particularly in relation to business practices, household sustainability and government operations. The Ministry led the development of six sustainability initiatives:

  • Household Sustainability

  • Business Partnerships for Sustainability

  • Towards a Carbon Neutral Public Service

  • Enhanced Sustainable Government Procurement

  • Waste Minimisation and Management

  • Enhanced Eco-verification.

Cabinet approved the work programmes to implement these initiatives in May 2007. The Ministry and the Ministry of Economic Development (MED) will be implementing the projects under these initiatives in 2007/08.

The Ministry is coordinating whole-of-government communications on sustainability, to ensure consistent messaging across central government.

Sustainable industry

Partner with industry and government agencies to achieve improved sustainability outcomes, particularly the New Zealand Packaging Accord 2004–2009 and the Dairying and Clean Streams Accord

Achieved and ongoing. The Ministry has undertaken a number of partnership activities aimed at improved sustainability outcomes.

Building Sustainable Business Capability

To strengthen partnerships with key stakeholders, industry liaison meetings were held in Wellington, Auckland and Christchurch throughout 2006/07. The Ministry partnered with MED for the June round of industry liaison meetings in order to develop stronger partnerships across government on progressing sustainability outcomes.

The Ministry worked with the Sustainable Business Network over 2006/07 to further develop the Get Sustainable Challenge (a tool to assist businesses in becoming more sustainable). The Ministry also worked with the Network to investigate opportunities for events that enhance business networking and recognise leadership in sustainable business practice. Membership of Sustainable Business Network is now at 485 businesses.

A sustainable environment seminar series hosted by the Wellington Region Chamber of Commerce and funded by the Ministry was attended by 457 businesses. Envirosmart, a two-year environmental programme for businesses has recruited 88 businesses.

Dairying and Clean Streams Accord

The Ministry has liaised with Fonterra and other Accord partners to write the Third Snapshot of progress on the 2005/06 year of the Dairying and Clean Streams Accord. The Accord partners are developing a programme to improve compliance with effluent discharge conditions in response to concerns over levels of non-compliance found during the Accord on-farm survey data collection.

The Ministry, Fonterra and other Accord partners have been working with the intention of producing a baseline report on the environmental outcomes of the Dairying and Clean Streams Accord by 31 December 2007. Collation of water quality and farm practice data has begun.

New Zealand Packaging Accord 2004–2009

The year two report for the New Zealand Packaging Accord was published in October 2006. Progress towards the targets is good, with total recovery at 52 per cent.

Overall, with some challenges addressed, industry is on track to meet the Accord’s 2008 targets.

Sustainable Product Design

The Ministry supported the inaugural sustainable product design category at the Best Design Awards, held in August 2006. These awards helped to raise profile of sustainability amongst practitioners.

The Ministry sponsored the Better by Design CEO Summit in May 2007, resulting in promotion of the sustainability agenda to 198 New Zealand export companies. In addition, two case studies to profile the market advantage gained by environmental product design were completed.

An increase in the number of businesses implementing eco-efficiency practices in growth industry sectors (such as tourism and film)

Achieved. Reports from the six charter regions operating under the tourism eco-efficiency programme were completed in November 2006 and June 2007. These showed an increase from 154 to 181 tourism businesses implementing eco-efficiency practices. The Ministry supported Tourism New Zealand to develop Qualmark Green, a tool to include sustainability practices in the overall Qualmark assessment.

Environmental guidelines developed in 2006/07 for the New Zealand Film Industry have underpinned South Pacific Pictures move to make Shortland Street the world’s first carbon neutral television programme. The programme is now being implemented by the industry and its members.

New sectors were identified (agriculture, food and beverage) and progressed through the Business Partnerships for sustainability initiative.

Complete a framework for financial institutions to reward businesses using incentives

Achieved. The framework for partnering with the financial sector to provide incentives and enable good environmental business practice has been developed. The Ministry has formed working relationships with four leading banks, eight leading insurance companies and eight fund managers in New Zealand.

Household sustainability

Release the online Smart Build information compendium by June 2007

Achieved. The ‘Smarter Homes’ website (originally called Smart Build) was successfully launched on 21 June 2007. Ownership of the website transferred to the Department of Building and Housing on 1 July 2007.

The development of Smarter Homes involved creating partnerships with key agencies in the building research and consumer information sectors. These partnerships have resulted in the Smarter Homes project leveraging additional resources. The website is well integrated with complementary independent and government information services on sustainable building.

The Ministry has an ongoing role with the Smarter Homes Project Board to ensure appropriate maintenance of the website and provide input into decisions about the website’s future. A process is in place to receive feedback and update content.

Sustainable cities and quality urban design

Ensure that the Urban Design Protocol is made operational and its implementation is supported

Achieved. In the past year 18 new signatories were added to the Protocol, bringing the total to 138. The signatories make a commitment to create quality urban design through their own actions, and to help implement the Urban Design Protocol.

The Ministry developed an internet-based monitoring survey of all Protocol signatories to assess collective progress on Action Plan commitments. The survey was conducted in October 2006, with progress reported to Cabinet in 2007.

Other resources provided as part of the New Zealand Urban Design Protocol programme included four newsletters, four workshops, the second edition of the Urban Design Toolkit, a case study of the Addison Housing Development and a survey of local authorities’ urban design capabilities.

Initial research into a National Policy Statement on Urban Design began with a review of Environment Court case law and research into international governmental urban design strategies and policies.

Build on progress made through the Sustainable Cities component of the New Zealand Sustainable Development Programme of Action

Achieved. The Ministry focused work on Auckland and its role in the Government’s priority themes of sustainability and economic transformation. This work has been advanced by contributing to the joint central government initiatives, particularly through the work programme of the Government Urban Economic Development Office (GUEDO), in Auckland. The focus has been on urban form, integrating land-use and transport planning and providing specialist advice to cross-agency initiatives on urban matters.

Help coordinate central government input into the review of the Auckland Regional Growth Strategy and the development of the Auckland Sustainability Framework

Achieved. The Ministry led and coordinated central government input into the review of the Auckland Regional Growth Strategy. The Ministry participated in the growth strategy working group and held central government workshops to engage a wide range of government agencies in the review. Related work on urban transformational mechanisms was completed to support the review.

The Ministry also contributed to the preparation of the Auckland Sustainability Framework through the working and steering groups charged with developing a draft framework.

With other agencies, advise on the better integration of their policies and programmes with land use at a city region level

Achieved and ongoing. The current focus for this work is on specific projects identified in the Government’s Transport Sector Strategic Directions document. A key initiative is the Integrated Approach to Planning project led by Transit New Zealand. This aims to better integrate land-use and transport planning. The Ministry is part of the core working group. The Integrated Approach to Planning is a two-year project, running until March/April 2008.

In the past year the Ministry has worked with the Department of Internal Affairs and Housing New Zealand Corporation on the regulatory tools and incentives to promote affordable housing. In June 2007, Cabinet agreed that work should be undertaken on the scope of potential legislation to enable authorities to use a number of zoning, contributions and incentives to support affordable housing. This work is under way.

Air quality

Assist local government to implement and monitor the national environmental standards for air quality

Achieved. A reporting framework for air quality was trialled and an analysis of the summary of 2006 airshed monitoring is now under way.

In June 2007, in partnership with Nelson City Council and Environment Canterbury, the Ministry published a (phase 1) performance review of wood burner compliance with national environmental standards; work continues on phase 2 of the performance review.

Other work progressed was an updated draft of the Good Practice Guide for Preparation of Emissions Inventories, which was put on hold in March 2006 following feedback from the National Air Quality Working Group.

Improve home heating in areas of poor air quality

Ongoing. The Taumarunui pilot programme concluded in June 2007 and a partnership was formed with the Ruapehu District Council and local Kokiri Trust to run a Warm Homes trial. The Warm Homes website has been updated to include practical tools and resources for the public.

Additional funding for clean heating retrofits was provided by the Government in Budget 2007. The future programme will be integrated with the Energy Efficiency Conservation Authority (EECA) EnergyWise Grants Schedule.

Fresh water

Jointly lead the Sustainable Water Programme of Action (with the Ministry of Agriculture and Forestry) and provide solutions, in partnership with local government, on long-term major water quality problems in Lake Taupo

Sustainable Water Programme of Action

Achieved and ongoing. The Sustainable Water Programme of Action has begun development of the following instruments to provide national direction under the RMA:

  • Proposed National Policy Statement on freshwater management – provisions have been drafted as part of a cross-departmental working group process

  • Proposed National Environmental Standard on water measuring devices – public consultation has been completed and a summary of submissions published. A cost-benefit assessment is under way

  • Proposed National Environmental Standard on methods for setting ecological flows – a discussion document has been drafted by a cross-sectoral working group and public consultation will begin after Cabinet approval.

A Ministerial Advisory Group was established to assist the Ministers for the Environment, and of Agriculture and Forestry in the implementation of the Sustainable Water Programme. This group recommends the priorities that should be accorded to various water management issues.

In addition, a number of reference and stakeholder groups have been established to provide specific input into the development of policy under the programme and build general support and understanding of the developing policy.

Lake Taupo

A joint agreement, funding arrangements and associated documentation to establish the Lake Taupo Protection Trust were signed in February 2007. These documents put in place central and local government commitments to provide $81.500 million over 15-years to reduce nitrogen inputs into Lake Taupo. The Government’s financial contribution this year was $2.133 million (excluding GST).

Environment Waikato has prepared under the RMA a variation to the Waikato Regional Plan that introduces policies and rules to manage land use in the Lake Taupo catchment. The Ministry worked with Environment Waikato to facilitate the introduction of regional plan rules capping nitrogen emissions in the catchment. The plan variation has been appealed to the Environment Court.

Rotorua Lakes

A diversion structure is being constructed in the Ohau Channel between Lake Rotorua and Lake Rotoiti to improve the water quality of Lake Rotoiti. Work on construction of the diversion wall has commenced. Funding of $3.400 million (excluding GST) was provided to Environment Bay of Plenty as the Government’s contribution to this project.

The Ministry is working with the Rotorua Lakes Strategy Group on the implementation of the Rotorua Lakes Protection and Restoration Programme.

Ensure that New Zealand has a robust flood risk management approach that is adaptable to local and regional councils and their particular circumstances and communities

Achieved and ongoing. The Ministry has now completed the two-year work programme approved by Cabinet. A report is being prepared on the review’s findings, with recommendations to improve flood risk management.

In addition to completing the review, the Ministry began the development of a national policy statement on flood risk management, and provided guidance for practitioners on hazards planning, including flooding, through the Quality Planning website.

The Ministry is represented on the Standards Committee to develop a New Zealand Standard for flood risk management under the Standards Act 1988.

Develop and implement a national monitoring and reporting strategy for freshwater quality and allocation

Achieved. The Ministry developed requirements for a national monitoring network for reporting river water quality. Snapshot technical reports on nationwide state and trends in river water quality, lake water quality and water allocation were made public in November 2006. These reports pull together (primarily) regional council data and provide a national picture of the condition of our water resources.

Protocols for sampling groundwater for state of environment monitoring and reporting were published in December 2006. A report on groundwater quality has been produced and will be made available on the website in September 2007.

Draft best practice guidelines for statistical analysis of freshwater quality data have been completed. These will be finalised after reference group feedback.

Oceans and marine

Lead the oceans policy development and provide advice on fisheries and marine issues

  • attendance at the workshops held is representative of relevant stakeholders and feedback given suggests that all relevant aspects have been addressed

  • hold at least four public workshops to discuss the draft oceans policy

  • complete consultation by 4 September 2006.

Achieved and ongoing. The Ministry provided advice on oceans policy, fisheries and marine issues, in particular:

  • advice about public consultation on draft oceans policy and refining the focus of oceans policy work

  • development of a discussion document, Improving Regulation of Environmental Effects in New Zealand’s Exclusive Economic Zone, by May 2007 so that public consultation can begin in August 2007

  • provided financial support and ran a beach clean-up competition for Seaweek 2007

  • prepared draft coastal guidance notes for the Quality Planning website

  • provided input into the shared Fisheries Project.

Report on bathing beach water quality

Bathing beach water quality data from the previous two summers were collated and analysed. This information is scheduled to be reported in September 2007.

Administer the Fiordland Marine Management Act

Achieved. The Ministry led the development of a communications plan supporting the Guardians’ work. The Ministry launched the Fiordland Marine Guardians website in October 2006 and assembled material for a Fiordland Marine Area User Guide and prepared their Annual Report for the year ended June 2007.

Two new Guardians were appointed in December 2006 to replace departing members; the process to fill a third vacancy is under way. A secretary for the Guardians was appointed in October 2006.

Work with councils and marine farmers to implement the Aquaculture Implementation Plan

Achieved. The Ministry participated in a joint departmental approach to implementing the Aquaculture Amendment Act and to facilitating sustainable aquaculture. The Ministry contributed to the Government’s response to the aquaculture industry’s sector strategy, including the preparation of a position statement on aquaculture. The implementation plan has been reviewed to align it with that response. Good progress is being made on the five priority implementation projects, on providing guidance and on liaison with councils and with industry.

A $2 million contestable fund was established to help councils with aquaculture planning over the next five years. The first grants (totalling $399,000) were approved. A further $900,000 was provided by the Government for cross-government aquaculture implementation projects.

Proposed amendments to the legislation to deal with specific implementation issues have been prepared for Cabinet approval.

Support the Ministry of Justice in reaching a foreshore and seabed agreement with Ngāti Porou and Te Whanau a Apanui

Achieved. The Ministry worked with the Ministry of Justice on the development of agreement instruments, including advising on their implications for the RMA and for the Ministry.

The Ministry provided advice to the Minister for the Environment as a member of the Foreshore and Seabed Ministers’ group.

Biodiversity

Provide national leadership/guidance around indigenous biodiversity

In December 2006 Cabinet agreed to a Statement of National Priorities for protecting rare and threatened native vegetation on private land. This statement was launched by the Ministers for the Environment, and of Conservation on 27 April 2007.

Ministry and Department of Conservation staff presented information about the Statement of National Priorities at eight regional biodiversity forums and at a meeting with the New Zealand Forest Owners Association. Information about councils’ biodiversity work priorities and issues has been collated to inform further development of the biodiversity work programme.

Work with the Department of Conservation to administer the Biodiversity Condition and Advice Funds for biodiversity projects:

  • Conduct two funding rounds of the Biodiversity Condition and Advice Funds by June 2007.

The first funding round closed on 6 December 2006. Funding decisions from this round were announced on 2 April 2007 with $2.8 million granted to 92 conservation projects. A further funding round closed on 21 May 2007.

Management of natural resources

Work with iwi and local government to build the capacity of all groups to engage effectively in the management and use of natural resources:

  • RMA training

  • facilitating meetings with iwi, local government, central government and the Iwi Chief Executives’ Environment forum

  • incorporate Māori input in relevant government policy development.

Achieved. The Ministry held RMA training/workshops for iwi and hapu with:

  • Taranaki iwi

  • Ngāti Hine

  • Waikato Tainui

  • Ngāti Maniapoto

  • Ngāti Raukawa

  • Tauranga City tangata whenua collective

  • Ngāti Kahungunu hapu (two workshops).

In addition, the Ministry supported councils in their development of four iwi planning documents, for lodging with councils under the RMA. The Ministry also reviewed three projects for supporting councils to take into account iwi planning documents.

The Ministry convened two Iwi Chief Executive Forum meetings to get direction on engagement for the Sustainable Water Programme of Action and supported the third national iwi liaison officers hui – Te Mataapuna.

Help the Office of Treaty Settlements negotiate and implement Treaty settlements that relate to the management of resources

The Ministry participated in the negotiation of a number of Treaty of Waitangi settlements, including:

  • Tainui (Waikato River)

  • Te Arawa (Te Arawa lakes) and KEC (land)

  • Ngāti Manawa (Rangitaiki River)

  • Ngāti Apa

  • Te Aupouri.

In addition, the Ministry also meets with settled iwi. In 2006/07 the Ministry met with Ngā Rauru.

The Ministry provided information for Crown evidence at Waitangi Tribunal and Māori Land court hearings, including:

  • WAI 262 Indigenous Flora and Fauna claim

  • WT – Whanganui District hearing

  • MLC – Ngāti Pahauwera Customary Rights Order.

Waste minimisation and management

Improve the awareness of the economic advantages of diversion and reuse of waste in New Zealand and improve the management of waste in New Zealand

Product Stewardship

Three new product stewardship schemes were implemented nationally: Agrecovery, a scheme to collect used farm chemical containers; Agpac, a silage wrap collection scheme; and Paintwise, a scheme run by Resene to take back paint. In addition, used oil, information technology and TV product stewardship schemes are developing well. The policy work to develop a legislative framework for product stewardship was progressed.

Construction and demolition waste

Achieved. Resource Efficiency in Building and Related Industries (REBRI) case studies are currently under way on four construction sites. These case studies are currently being used to raise awareness of the economic advantages in diversion and reuse of construction and demolition waste.

Organic waste

Ongoing. The progress of the Biosolids Quality Assurance System has been put on hold due to higher priorities for national environmental standards and low demand from industry.

This has enabled the marketing strategy for organics to be progressed. The compost soil standard NZS44/54 was completed in December 2006. A tool kit to help producers use the standards guidelines was completed in June 2007.

Liquid and hazardous waste

Achieved. Since July 2006, there has been rapid uptake of WasteTrack by local councils. Between 1 July 2006 and 30 June 2007, 119 million litres of hazardous waste were tracked, an increase of 21 per cent from the previous 12 months. Seventeen councils are requiring the use of WasteTrack through bylaws and another 10 councils are committed to implementing it in their areas by the end of 2007.

Community initiatives

Achieved. A partnership with the Community Recycling Network has resulted in the support and promotion of the community action on waste throughout New Zealand. Keep New Zealand Beautiful was supported to deliver its community anti-litter activities in New Zealand.

Collect and safely dispose of unwanted agrichemicals stockpiled on farms throughout New Zealand

Achieved. Over 62 tonnes of agrichemicals were disposed of in the 12 months to 30 June 2007.

Work with industry and councils to establish appropriate collection programmes in each region to ensure that stockpiles of unwanted agrichemicals do not build up on farms

Partially achieved. The Ministry partnered with five regional councils and two unitary authorities to remove unwanted agrichemicals. At year end two regions had permanent schemes in place. Efforts have focused on removing unwanted agrichemicals from farms throughout New Zealand. The establishment of collection programmes in each region will progress further as the stockpiles in the regions are reduced or eliminated.

Complete a review of the New Zealand Waste Strategy, ensuring the targets and programme of actions are up to date

Achieved. The Ministry undertook a review of targets in the New Zealand Waste Strategy and published a report in June 2007. This showed that much of the groundwork for achieving the Strategy’s wider goals and objectives for waste management, waste minimisation and resource efficiency has been laid. For example, 97 per cent of New Zealanders now have access to domestic recycling (73 per cent of them at the kerb side), a policy framework to manage hazardous waste has been established, and there has been good progress with industry in implementing voluntary product stewardship.

The main recommendations of the report were that better focus is required on organic waste, construction and demolition waste, and contaminated sites. There is also a need for enhanced data collection and improvements in waste monitoring and reporting. The report also recommends a range of activities which need to be developed by local government, such as the standardisation of monitoring and reporting by territorial authorities, and increasing public awareness to drive greater community and householder action on waste minimisation.

Some targets in the strategy need to be reviewed and revised, and this will be undertaken after decisions on the legislative frameworks for waste policy in New Zealand have been made.

Establish a long-term monitoring programme for waste

Ongoing. The Ministry trialled a new approach to monitoring waste flows at landfills and cleanfills. Results from this indicated that the 4.2 per cent growth of waste to landfill is less than the rate of growth of population (5.6%) and the growth of 9.6% in GDP over the five years since the New Zealand Waste Strategy was adopted.

The cleanfill data suggests the amount of waste being deposited in cleanfills could be similar to the amount of waste going to landfills. A major survey will be undertaken this year to improve our information on cleanfill waste and determine cleanfill locations and capacities.

Contaminated land

Confirm a comprehensive policy framework for managing contaminated land, including national environmental standards

Achieved. The Ministry undertook public consultation on a discussion paper, Working Towards a Comprehensive Policy Framework for Managing Contaminated Land in New Zealand. Thirteen workshops were held around New Zealand that involved over 300 participants and 62 submissions were received.

A summary of submissions and a position paper outlining the Ministry’s confirmed work programme for contaminated land will be published in August 2007.

Administer the Contaminated Sites Remediation Fund, including managing the clean-up of the Mapua contaminated site

Achieved. The Ministry administered two funding rounds under the Contaminated Sites Remediation Fund in 2006/07. As a result of these funding rounds, five regional councils were allocated funding to contribute to the clean-up of seven contaminated sites throughout New Zealand.

The clean-up of New Zealand’s largest contaminated site, the former Fruitgrower’s Chemical Company site in Mapua, is near completion. Over 8000m3 of contaminated soil has been treated, tested and replaced onsite. Work over the next few months will focus on backfilling and site contouring and grassing.

Once the final results are received, a validation report will be completed and provided to the Site Auditor for sign-off as meeting the end use prescribed under the consents. Site handover back to the Tasman District Council will follow the sign-off of the validation report, expected to be in November 2007.

Work with the Department of Conservation to control wilding pines at Mid Dome, northern Southland

Achieved. A Memorandum of Understanding for aerial spraying and ground control work at Mid Dome was approved in 2006/07. Work has progressed on ground control and the Ministry is now awaiting appropriate weather conditions required for aerial spraying.

Effective environmental governance and legislation

Improve the effectiveness of environmental legislation

  • receive feedback from RMA practitioners, with feedback at least 50 per cent positive

  • deliver training to support RMA implementation to 300 RMA practitioners

  • deliver training by 31 May 2007.

Achieved. The Ministry delivered 33 training workshops related to the RMA to more than 1,100 participants over 2006/07. Topics covered included RMA enforcement (10 workshops), RMA monitoring and reporting (four workshops), hearings administration (four workshops), structure planning (six workshops) and historic heritage (nine workshops).

The Ministry also completed work on the RMA practitioner training framework, including consultation on framework options and scoping the content of a priority training area (introductory level consent training). Two-thirds of attendees rated the training they received as “more than satisfactory” to “outstanding”.

The Ministry continued to oversee the delivery of the Making Good Decisions Programme, which provides training and accreditation for RMA decision makers. Rounds four and five of the programme were held in September/October 2006 and March/April 2007. The total number of accredited decision-makers now stands at 932.

In addition to the accreditation programme, a series of regional workshops were held (with the last two of 16 workshops being held in July/August 2006) to update certificate holders on practice matters that have arisen since their certification (eg, 2005 amendment to the RMA).

The Ministry also initiated work during the year to expand the programme. This included the development of additional modules to cover the re-certification of existing certificate holders and tailored training for hearing panel chairs. Feedback from participants has been very positive and an independent review concluded the programme has raised the standard of council hearings.

Administer the Resource Management Act (1991), monitor practice under it, provide information, support and advice on RMA implementation, including work with the Environment Court

Achieved. Through the Targeted Assistance Programme, the Ministry worked with Whangarei, Whakatane, Timaru and Westland district councils on improving resource consent processing.

The Ministry assessed the effectiveness of its Targeted Assistance Programme. Central Otago District Council, Thames Coromandel District Council, and Western Bay of Plenty District Council provided useful feedback and advice. Council-based reviews were tailored to incorporate this feedback.

The review work programme to July 2007 was agreed by Cabinet on 12 June 2006. The programme contained three project areas: council-based reviews, subject-based reviews, and work on how the Ministry goes about collecting better data on local authority performance.

Reviews requested by the Minister for the Environment

The Ministry has conducted the following reviews at the request of the Minister:

  • analysed the Far North District Council wastewater functions and contamination of oyster farms

  • analysed Horizons Regional Council’s decision regarding the Fonterra consent at Longburn Plant

  • reviewed 11 councils to investigate reasons for the decline in resource consent processing times since the previous RMA survey. Councils reviewed were Franklin District Council, Taupo District Council, Kaipara District Council, Waimakiriri District Council, Manukau City Council, Grey District Council, Kaikoura District Council, Auckland City Council, Tauranga City Council, Westland District Council and Timaru District Council.

Better data collection on local government performance

A consistent framework for recording complaints to the Ministry about the RMA has been agreed and is in place. The framework is consistent with the categories used by the Parliamentary Commissioner for the Environment and the Office of the Auditor General.

An investigation into how data about consent processing could be captured automatically from councils has been initiated.

Guidance

The Quality Planning website continued to be a useful and relevant resource for planning practitioners, attracting up to 30,000 visits per month. During the year a new guidance note on Earthworks (March 2007) was added and six existing notes were updated.

In August 2006 the Ministry released a new package of RMA information targeted at small business and the public. The package included 13 booklets on RMA topics, an interactive CD-ROM, new webpages on the Ministry website and a 0800 RMAINFO service. Since the release of this material over 79,000 publications and 12,000 CD-ROMs have been distributed, while the RMAINFO service has handled 673 email and phone enquiries (since September 2006).

The Ministry has maintained a close relationship with the Environment Court, including monitoring workload. The Court supported our RMA public guidance relating to Court processes, including appeals.

Develop three National Policy Statements and National Environmental Standards as agreed by Ministers

Achieved. The Ministry developed four National Policy Statements and National Environmental Standards to provide national direction under the RMA. During the year work included:

  • A proposed National Policy Statement for electricity transmission (this was approved by Cabinet for public consultation in April 2007). The proposed National Policy Statement was publicly notified in May 2007 and submissions closed late June 2007. A Board of Inquiry has been appointed to consider submissions, hold a hearing and produce a report and recommendations on the proposed National Policy Statement

  • A National Environmental Standard on the protection of human drinking-water sources. The regulation is currently being drafted and will be introduced by the end of the 2007 calendar year

  • A proposed National Environmental Standard on water measuring devices. This went through public consultation as part of the Sustainable Water Programme of Action. The summary of submissions on the proposed standard has been completed and a full cost-benefit assessment is under way. In consultation with regional councils, a task force has been established to implement this standard

  • Consultation being undertaken on a National Environmental Standard on ecological flows as part of the Sustainable Water Programme of Action

  • Limited consultation being undertaken on a National Policy Statement on fresh water, as part of the Sustainable Water Programme of Action

  • A proposed national environmental standard addressing low-impact telecommunication facilities and radio-frequency fields. This has been approved by Cabinet for public consultation in late 2007. Submissions have been sought and will close on 10 August 2007

  • A draft Cabinet paper being prepared (in June 2007) seeking agreement to begin the process to develop a National Policy Statement on renewable energy

  • The preparation of a Cabinet paper was prepared in June 2007 seeking agreement to initiate consultation on two suites of national environmental standards addressing electricity transmission

  • In March 2007, Cabinet agreed that a national policy statement on flood risk management was desirable. Comments requested from iwi authorities, local government and other relevant stakeholders by June 2007 will now be considered by the Minister.

Conduct the biennial RMA survey

Achieved. The Ministry analysed the responses from all 85 councils to the 2005/06 survey of local government performance under the RMA, finalised the report content and published the survey in early 2007. The Minister requested an investigation of the reasons for the decline in resource consent processing times at 11 councils. This work is under way.

Fund Environmental Legal Assistance

Achieved. In 2006/07, 77 applications for Environmental Legal Assistance were processed and 44 Deeds and Variations to Deeds were prepared.

Advise other government agencies about our responsibilities and work programme related to environmental well-being under the Local Government Act

Achieved. Ministry representatives regularly attend the Department of Internal Affairs interagency meetings. The Ministry uses the forum to promote work programmes that affect community outcomes and link projects with other central government agencies.

Assist the Minister for the Environment with statutory responsibilities under environmental statutes

The Resource Management Act (1991)

Achieved. The Minister has a number of statutory functions under the RMA 1991. In addition to the preparation of national policy statement and national environmental standards (outlined above), the Minister’s statutory responsibilities include consideration of water conservation orders, requiring authority applications, heritage protection authority applications and exercising powers of intervention.

Water Conservation Orders

Achieved. A special tribunal was appointed to consider Fish and Game’s application for a Water Conservation Order on the Oreti River in September 2006. The application was notified in September 2006 and hearings were held in January and April 2007. The special tribunal will draft a report and recommendations for the Minister in 2007/08.

A tribunal was appointed to consider an amendment to the Buller Water Conservation Order in August 2006. The application was notified in September 2006 and further notified in February 2007. The special tribunal will draft a report and recommendations for the Minister in 2007/08.

The Ministry completed an analysis of the application to amend the Kawarau Water Conservation Order in relation to the Nevis River. The Ministry plans to advise the Minister early in 2007/08 on whether to accept the application and appoint a special tribunal.

Requiring authorities

The Ministry advised the Minister on revoking the ‘requiring authority’ approval of nine companies that no longer exist, were no longer acting as network utility operators, or both. We also advised the Minister on approving Riverstone Holdings Limited as a requiring authority for the purposes of a proposed Fiordland monorail in March 2007. The Ministry is currently considering other applications for requiring authority status and will make recommendations to the Minister in 2007/08.

Ministerial intervention power under the RMA

Achieved. The Ministry provided advice on a request by Meridian Energy Limited as applicant to call in Project Hayes’ wind farm proposal. The request was declined. The Ministry also advised the Minister about exercising his intervention and call-in power with respect to the Transpower North Island grid upgrade. A cost-recovery policy for the exercise of the Minister’s intervention power was prepared.

The Ministry coordinated an ‘all-of-government’ process to develop an RMA consent submission for Eden Park. Ministerial intervention powers were not required and the submission was lodged by the Minister for Sport.

The Ministry coordinated two ‘all-of-government’ submissions on two Otago wind farm resource consent applications, lodged Crown submissions for both applications and gave evidence.

Fiordland (Te Moana o Atawhenua) Marine Management Act 2005

Achieved. The Minister appointed two new members to the Fiordland Marine Guardians in December 2006. A review of the effectiveness of the management of the Fiordland (Te Moana o Atawhenua) Marine Area will take place in 2010 and the Ministry has started initial planning for this review.

Ozone Layer Protection Act 1996

Achieved. The Ozone Layer Protection Act requires the Minister of Commerce and the Minister for the Environment to prepare a report on the operation of the Act during that year. The report covering the calendar year from 1 January 2005 to 31 December 2005 was tabled, prepared jointly by the Ministry for the Environment (the department of state responsible for administering the Act) and the Ministry of Economic Development (the department of state responsible for administering the Regulations).

Soil Conservation and Rivers Control Act (1941)

There was no activity in 2006/07 related to statutory functions under the Soil Conservation and Rivers Control Act.

Environment Act (1986)

There was no activity in 2006/07 related to statutory functions under the Environment Act.

Hazardous Substances and New Organisms Act (1996)

Achieved. To assist the Minister with his responsibilities under the HSNO Act, the Ministry provided advice on one appointment and four reappointments to the Environmental Risk Management Authority arising during 2006/07.

Develop legislation to address the jurisdictional inconsistencies between the HSNO and Biosecurity Acts

Ongoing. The Ministry worked with the Ministry of Agriculture and Forestry (MAF) and ERMA New Zealand, to address jurisdictional inconsistencies between the Hazardous Substances and New Organisms (HSNO) Act 1996 and Biosecurity Act 1993, relating to managing ‘hitchhiker’, non-genetically modified, new organisms at the border.

The Ministry provided advice and support to MAF regarding New Zealand Beekeepers Association’s legal action over MAF’s Import Health Standard for Australian honey.

Work progressed to identify and evaluate potential options for managing genetically modified seeds inside the border, in response to recommendation 10 of the Local Government and Environment Committee’s 2004 report on its ‘Inquiry into the alleged accidental release of genetically engineered sweet corn plants in 2000, and the subsequent actions taken’.

Implement the Hazardous Substances Compliance and Enforcement Strategy

Achieved and ongoing. The HSNO compliance and enforcement review and recommendations for implementing the Hazardous Substances Compliance and Enforcement Strategy were approved by Cabinet on 18 December 2006.

The Ministry set up a working group to oversee implementation of the Compliance and Enforcement Strategy, with representatives from the Ministry for the Environment, ERMA New Zealand and the Department of Labour.

The Ministry completed the Surveillance of Harms project. This provides a more accurate representation of the level of harms caused by hazardous substances, and identifies alternative risk assessment and techniques to measure harms.

Advise on ERMA New Zealand governance and performance issues

Achieved. The Ministry provided regular updates on performance issues relating to the Environmental Risk Management Authority (ERMA) New Zealand as relevant to the Minister’s responsibilities under the Crown Entities Act 2004, the Public Finance Act 1989 and the Hazardous Substances and New Organisms Act 1996 (the HSNO Act).

The Ministry monitored the performance of ERMA New Zealand through regular liaison meetings with key management and board officials. The Ministry informed the Minister of any issues arising through quarterly and other briefings, as required.

In addition, the Ministry assisted ERMA New Zealand with the development of its Statement of Intent for 2007–2010 and Output Agreement for 2007/08 and briefed the Minister on issues arising.

Environmental awareness and reporting

Publish regular environmental reports

Achieved and ongoing. The Ministry is currently preparing the second national state of the environment report, Environment New Zealand 2007, to be published later this year. This document will report on the core set of national environmental indicators approved in early 2007 by the Minister for the Environment (following a Cabinet directive). The Ministry now uses national environmental classification tools alongside the agreed set of core environmental indicators in order to present information in the forthcoming Environment New Zealand 2007 national state of the environment report.

The following reports are published in the year ended 30 June 2007:

  • three snapshot reports of recent national trends in lake and river water quality and allocation (December 2006)

  • a user guide for the macro-invertebrate community index (May 2007)

  • a New Zealand Waste Strategy Targets Report (June 2007).

A draft document of national groundwater sampling protocols was also produced in December 2006.

Organisation for Economic Cooperation and Development (OECD) report on New Zealand’s environmental performance

During the year the OECD completed a review of New Zealand’s environmental performance. The review meeting was held on 27 September 2006 and the review report was released by the OECD in April 2007.

The Ministry coordinated New Zealand’s input into the OECD review of New Zealand’s environmental performance. The Ministry was commended by the OECD on the quality of the inter-departmental response to providing information for the review.

International interests and obligations

International

Promote New Zealand’s environmental and sustainable development interests in international fora, including implementing obligations under multilateral Environmental conventions and leading the negotiation of environmental provisions in trade agreements

Environmental provisions in trade agreements

Achieved and ongoing. Work done on promoting New Zealand’s environmental and sustainable development interests in international forums included the following:

  • prepared draft text for a China-New Zealand environmental cooperation agreement and participated in negotiations with China’s State Environmental Protection Administration on 11 January 2007 and 6 February 2007. Further progress depends on the resolution of some outstanding issues

  • prepared draft text for an Australia-Association of South East Asian Nations-New Zealand (ASEAN-NZ) environment agreement as part of the Asia Australia New Zealand Free Trade Agreement (AANZ FTA) negotiations. Contributed to advice on pursuing bilateral arrangements with individual ASEAN countries (Philippines and Indonesia)

  • contributed to advising Ministers about possible discussions and negotiations with the Gulf States Council in Riyadh, Saudi Arabia in December 2006

  • convened the first meeting of the Parties in September 2006 under the Environment Agreement between New Zealand, Chile, Singapore, and Brunei as part of the Trans Pacific Strategic Economic Partnership Agreement

  • hosted and participated in a series of study missions, information exchanges and workshops with Thailand, Chile, Singapore and Brunei including:

    • hosting a study group from Singapore on the development of voluntary industry agreements to manage packaging waste in October 2006
    • leading a delegation of New Zealand officials to Thailand and Singapore to study policies, practices and technologies for vehicle emissions control in November 2006
    • providing information to Thailand on New Zealand’s Coastal Policy Statement and regional coastal plans, New Zealand’s Sustainable Tourism Charter, and the Govt3 project.
    • hosting a visit by Chilean experts (November 2006) to learn about New Zealand’s environmental management policies and practices and governance arrangements
    • leading a team of New Zealand research scientists to Chile on aquaculture research in April–May 2007
    • leading a delegation of New Zealand officials to Chile (April – May 2007) to discuss opportunities for cooperation on climate change
    • hosting a delegation of officials from Thailand 11–15 June 2007 to examine legislation, policies and practices, and institutional arrangements for water management.

Stockholm Convention

Ongoing. The Ministry released a draft national implementation plan for consultation in July 2006. A total of 26 submissions were received. Cabinet approved New Zealand’s National Implementation Plan under the Convention on Persistent Organic Pollutants in December 2006. The plan was deposited with the Stockholm Convention Secretariat in December 2006 and published on the Ministry’s website, thereby meeting the Convention’s requirements. The first year of a three-year Dioxin Action Plan was completed, including the first phase of a programme to prepare a New Zealand Release Inventory of Dioxins.

Montreal Protocol

Achieved. In conjunction with other government agencies, the Ministry continued to develop a national strategy regarding the continued use of methyl bromide in New Zealand for biosecurity and log exports. The Ministry also contributed to New Zealand’s brief for the Eighteenth Meeting of the Parties to the Montreal Protocol held in New Delhi from 30 October to 3 November 2006 and worked on the required phase-out of methyl bromide imports for the strawberry industry, in line with the expiry of the industry’s critical use exemptions on 31 December 2007 (for non-quarantine and pre-shipment purposes), as agreed by Cabinet in 2005.

Together with the Ministry of Economic Development, the Ministry prepared New Zealand’s Annual Report on implementation of the Montreal Protocol for submission to the Secretariat.

Rotterdam Convention

Achieved. The Ministry processed all notifications and requests for importations of Annex III chemicals under the Rotterdam Convention. ERMA New Zealand established grounds for the reassessment of two Annex III chemicals (methyl-parathion and pentachlorophenol). The reassessment could result in New Zealand removing its consent to import these chemicals.

Cartagena Protocol on Biosafety to the Convention on Biological Diversity

Achieved. The Ministry:

  • participated in developing New Zealand position papers for submission to the Secretariat in relation to genetically modified trees and forestry (September 2006)

  • provided input into the New Zealand Convention on Biological Diversity submission on Article 8(j) (Traditional Knowledge) and Access and Benefit Sharing (ABS)

  • provided input into delegation briefs and position papers for intercessional meetings of Working Groups and Technical Experts Groups under the Cartagena Protocol, and for the Subsidiary Body on Scientific, Technical and Technological Advice to the Convention on Biological Diversity

  • worked with the Ministry of Foreign Affairs and Trade to prepare for intercessional engagement with stakeholders and for the upcoming Meeting of the Parties to the Protocol and the Conference of the Parties to the Convention, both scheduled to be held in 2007/08.

Partnerships and relationships

Strengthen partnerships with key stakeholders

  • Feedback from attendees at the Chief Executives’ Environment Forum (CEEF) validates its usefulness

  • Co-chair and provide secretariat services to three CEEF forums in 2007

  • Conduct forums before 30 June 2007.

Achieved. In addition to working in partnership with local government, iwi, and industry as part of many work programmes, the Ministry undertook some specific activities aimed at strengthening partnerships with particular sectors and organisations.

Local government

The Ministry ran three Chief Executive Environment Forum meetings during the year under review. The meetings were co-chaired by the Ministry for the Environment’s Chief Executive, and a local government representative. The Ministry also provided secretariat services to these meetings.

In May 2007 the forum was refocused. Meetings now centre on strategic items that require high-level discussion and decision making. Feedback from attendees at the Chief Executives’ Environment Forum validates its usefulness and meetings are all attended by both local and central government.

Industry

To strengthen partnerships with key stakeholders, industry liaison meetings were held in Wellington, Auckland and Christchurch throughout 2006/07. The Ministry involved the Ministry of Economic Development in our June round of industry liaison meetings in order to develop stronger partnerships across government on progressing sustainability outcomes.

Community and environmental organisations

The Ministry organises targeted non-governmental organisation (NGO) meetings to engage and consult with these key stakeholders for the Ministry. At these meetings the Ministry communicates information regarding the Ministry’s major work programmes and priorities and NGOs are given the opportunity to discuss their current work priorities.

The Talk Environment Roadshow is the Ministry’s annual national stakeholder engagement event, enabling the Ministry to directly interact with up to 1,600 members of the community through meetings across New Zealand. The feedback received at these meetings informs the Ministry on its current and future work programmes.

In April 2007, the Ministry facilitated the organisation of the first Hui for Environment Centres. This was an opportunity for the Ministry, and personnel from all Environment Centres around the country to get together and share ideas about the operation of the centres in their regions and identify the opportunities that exist to further develop the centres.

Bioethics Council

Advise the Minister for the Environment on appointments to the Bioethics Council

Achieved. The State Services Commission delivered its Bioethics Council Review Report to Ministers in May 2006. The Review confirmed the continuing value of the Council, and recommended a number of measures to strengthen its work. The Minister was briefed on proposals in response to the review — including in relation to the establishment of an ad hoc Ministerial Coordination Group on Bioethics. In addition, the Ministry provided the Minister with advice on the appointment of four new members to the Bioethics Council and the appointment of an existing member as Chair.

Ministerial servicing

The Ministry for the Environment’s performance in relation to ministerial correspondence and parliamentary questions is shown in the table below.

View table of ministerial correspondence and parliamentary questions (large table).

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