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1 Introduction

1.1 What is the purpose and scope of this guidance?

This document provides guidance to territorial authorities (TAs) on the development of an effective and efficient territorial authority waste management and minimisation plan (WMMP). TAs play an important role in managing and minimising waste in New Zealand, and this role was strengthened by the enactment of the Waste Minimisation Act 2008 (WMA), which gives them the responsibility for promoting effective and efficient waste management and minimisation within their district.

The WMA requires that TAs conduct a waste assessment and review their current waste management plans for their district by 2012. This process is significant, as the WMA requires that the special consultative procedures in the Local Government Act (LGA) 2002 be followed. The WMMP must be adopted through a special consultative procedure, as prescribed by the WMA and outlined in the LGA. There are also a number of other direct requirements and implications for TAs arising from the WMA that influence the role and effectiveness of TAs in implementing their WMMPs.

All TAs currently have a waste management plan, adopted under the LGA. These existing plans must be reviewed before July 2012. It is possible that many plans in their current form may not meet the WMA’s new requirements for the objectives, policies and methods that must be contained in a WMMP.

This guidance focuses on the waste management and minimisation planning cycle, drawing on legislative requirements, regulatory and non-regulatory tools, and case examples where appropriate. A sample WMMP outline is included in Appendix 1, which demonstrates an approach to the scope, structure and general content of a WMMP.

A strategic approach is taken in this guidance with respect to the overall process for developing WMMPs. Specific methodologies for undertaking steps such as public consultation and data gathering are not prescribed in detail, but where more detailed guidelines or resources are available to assist in the planning process these are referenced.

You should keep in mind that this guidance is non-statutory and aims to provide general advice and assistance to councils on the development of effective and efficient WMMPs. The guidance does not include a comprehensive review and interpretation of the WMA. Using this guidance and the sample WMMP outline provided will not automatically ensure that your council’s WMMP meets all legal requirements, but it is intended to help guide good practice. Councils may require additional expertise as well as legal advice when developing their WMMP.

Waste levy funding allocated to councils could potentially be used to help councils develop and draft aspects relating to waste minimisation in their WMMPs and in preparing their waste assessments. More information about the WMMP process and the use of waste levy funding specifically is discussed in chapter 4.

1.2 Why and how was this guide developed?

With the enactment of the WMA, the Ministry for the Environment, Local Government New Zealand and some councils recognised the need for territorial authority guidance in relation to the new Act and the preparation of WMMPs. The Ministry’s role is to advise the Government on New Zealand’s environmental laws, policies, standards and guidelines. It also monitors how laws and policies are working in practice and takes action where it identifies that improvement is needed. As part of these responsibilities the Ministry is providing this guidance on waste management and minimisation planning to TAs.

The guidance has been prepared in conjunction with Local Government New Zealand and a working group comprising territorial authority representatives and other experts in waste management and minimisation planning. It is based on the generally accepted practices and standards at the time of preparation. No other warranty, expressed or implied, is made as to the professional advice provided. The sources of information used by the Ministry and the TA working group in preparing the guidance are outlined, but no independent verification of this information has been made. This guidance was prepared between November 2008 and May 2009 and is based on information available during that time.

1.3 The context for waste management and minimisation planning in New Zealand

Waste management and minimisation in New Zealand are underpinned by the Government’s core policy, The New Zealand Waste Strategy: Towards Zero Waste and a Sustainable New Zealand1 (NZWS). The NZWS sets the overall framework, strategic vision, objectives and targets for achieving waste minimisation. A number of Acts of Parliament provide the legal framework for waste management and minimisation planning, but the primary ones are the Local Government Act (LGA) 2002 combined with the Resource Management Act 1991 (RMA) and the WMA.

The enactment of the WMA represents a major change in the Government’s approach to managing and minimising waste. The Act recognises the need to focus efforts higher up the waste hierarchy in terms of reducing and recovering waste earlier in its life cycle, with an accompanying shift in focus away from treatment and disposal. This change is reflected in new tools enabled by the WMA, such as a framework for developing accredited product stewardship schemes and a national waste disposal levy.

Taken together, the WMA and other Acts provide the legislative imperative and tools to support progress toward the strategic vision given in the NZWS. Because the NZWS and the legislation provide the cornerstone to waste management and minimisation, careful attention should be given to these before commencing with the development of a WMMP.

More information on relevant government policy and legislation is contained in chapter 2.

1.4 Effective and efficient waste management and minimisation planning

Effective and efficient waste management and minimisation planning is underpinned by the three core goals in the NZWS:

  • to lower the costs and risks of waste to society

  • to reduce environmental damage and harm caused by waste generation and disposal

  • to increase economic benefit by using material resources more efficiently.

These goals are reflected in the purpose of the WMA. Effective and efficient waste management and minimisation is achieved when less waste is going to landfill, when resources are used wisely, when the economic cost of managing waste is reduced, and when societal costs and risks are minimised. Of course it is unlikely that the best economic, environmental, cultural and societal outcomes can be met simultaneously, and there may be a higher economic cost (for instance) to achieve optimal environmental, social and cultural outcomes. In these cases councils must weigh the costs and benefits of each aspect (economic, cultural, social and environmental) to arrive at an optimal overall solution. There may also be a trade-off between short- and long-term costs; for instance, greater up-front costs may lead to lower ongoing operational costs.

Although they are non-statutory, the Government has established a set of national targets to provide direction for our efforts and as a way to measure progress toward waste management and minimisation goals. At the time of writing there are no specific performance standards to assess how TAs are achieving waste minimisation targets or activities, although the WMA allows for the development of such standards. TAs do have a statutory responsibility to develop a WMMP and to have regard to the NZWS in the process. TAs also play a key role in contributing to the achievement of national targets. A WMMP needs to provide a clear strategic framework and plan of action for TAs in terms of how they contribute to these goals in the context of the specific waste issues facing their districts and the desired community outcomes.

1.5 What does this guidance include?

The remainder of this guidance document is structured as follows.

Chapter 2: The legislative and policy context contains a summary of the policy and legislation that should be considered within the context of waste management and minimisation planning. The key policy documents and legislation are described, along with a brief review of their relevance to the WMMP process.

Chapter 3: What is a waste management and minimisation plan? briefly describes a WMMP, its purpose and why one is necessary, as well as the general content and considerations for its preparation. It includes reference to some of the specific clauses of the WMA that are directly relevant to the WMMP process.

Chapter 4: The WMMP process − an overview provides an overview of the WMMP process, highlighting key steps to be taken in developing, implementing and reviewing your council’s plan. Guidance is provided on relevant statutory requirements as they relate to specific stages in the process. Case examples and information on useful tools are also provided.

Appendix 1 contains a sample WMMP outline demonstrating an approach to the scope, structure and content of a final WMMP. Appendix 2 contains a checklist of ‘ask yourself’ questions that accompany each stage of the planning cycle, as outlined in chapter 4. These questions are aimed at helping you develop your WMMP and document the key issues associated with this.

1.6 How should this guidance be used?

In some parts the guidance may be more detailed than you need, while in other parts it may not supply enough detail and you may require further expert advice. The idea is to provide an overview of the process, and you can then ‘drill down’ into levels of detail as required, based on your own needs and circumstances. There are a number of flow diagrams, templates and checklists that are provided as tools to assist in this process and to allow you to more easily access information on a topic of interest.

1.7 Intended audience

Territorial authorities − primarily waste management and minimisation officers and senior managers involved in the WMMP development and decision-making process − are the intended audience for this guidance. Other stakeholders, including regional councils, elected members, public health units of district health boards, and community and business organisations may also have an interest in this guidance and the process and requirements for waste management and minimisation planning.

1.8 User feedback

This guidance will be reviewed and improvements made. We hope that use of the guidance during the initial WMMP reviews will test its usefulness, relevance and accuracy. We would appreciate any comments or suggestions, and these can be provided to the Ministry for the Environment by phoning (04) 439-7400 or emailing waste.ta@mfe.govt.nz.

1.9 Abbreviations

For the purposes of this guidance the following abbreviations have been used:

council − territorial authority

HIA – Health Impact Assessment

LGA − Local Government Act 1974 and/or 2002

LTCCP − long term council community plan

NES – national environmental standard

NZWS − New Zealand Waste Strategy

TA − territorial authority and/or a council

WMA − Waste Minimisation Act 2008

WMMP − waste management and minimisation plan.

 

1 Ministry for the Environment. 2002. The New Zealand Waste Strategy: Towards Zero Waste and a Sustainable New Zealand. Wellington: Ministry for the Environment.

 

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