Figure 4.1 below provides an overview of the process for preparing, implementing and reviewing a waste management and minimisation plan(WMMP). The process is shown as cyclical because if effective and efficient waste management and minimisation are to be achieved, there is an ongoing need for continual improvement and review of the council’s strategy.
Ideally, the process should begin with the project establishment and move in a clockwise direction. However, in reality these steps may not be sequential and information gained in one step may require that a previous step be revisited. For example, data gathered during the situation review may lead you to seek other partners and support that were not identified during the project establishment stage. Or, in some cases the options review that follows the initial development of a set of objectives may lead to the need to revise some objectives or targets before drafting your WMMP.
The steps outlined in figure 4.1 are discussed in more detail in the sections that follow. In each section there is a description of the particular phase of the process and the recommended steps, including information about key legislative considerations, such as relevant aspects of the Waste Minimisation Act (WMA). There is also a set of trigger questions for consideration incorporated into each segment to help focus your thinking. You may wish to answer these questions to guide you in the development of your WMMP documentation. Note that the questions are provided as a starting point only, and should not be considered exhaustive. A summary checklist of these questions is contained in Appendix 2 of this guidance.

This diagram shows the path councils should follow to develop a WMMP:
Councils are initially required by the WMA to review and adopt their WMMPs by 2012. After the first review, the WMA requires that WMMPs be reviewed a minimum of every six years. It is important to bear in mind these general timeframes, particularly for the initial review due by 2012. The following table outlines the WMMP planning cycle, highlighting the approximate timeframes for the main steps. This is provided as an example of how the steps may be undertaken in developing and adopting a WMMP. The process may take more or less time to complete depending on the availability of resources, the level of technical investigation required, and the fit with council timeframes and schedules. Several councils have reported that this work can require part-time dedicated staff resources for up to a year.
The WMMP development process is fully explained in the remainder of chapter 4, and the steps in table 4.1 are described in more detail in the flow diagram in section 4.5.1. It is important to emphasise that the steps outlined are for guidance purposes only and you should obtain your own legal advice to ensure compliance with the requirements of the WMA and the Local Government Act (LGA).
| Planning cycle step | Description | Estimated timeframe |
|---|---|---|
| 1. Project establishment | Project setting and project plan developed. | 1 month |
| 2. Waste assessment | Includes the situation review, goals/objectives and target setting, and options review components of the planning cycle. | 3+ months, depending on the technical investigation required to support the options review. |
| 3. Drafting your plan | Developing the draft WMMP for consultation. This step will include council sign-off on the draft before consultation. | 3 months, as taken from the waste assessment in step 2. |
| 4. Consultation and decision-making | Consultation, as required during the process and adopted through a special consultative procedure. Includes revisions to the draft WMMP arising from consultation, then formal council adoption and finalisation. | 3+ months |
| 5. Implementation | For implementation to occur, the WMMP needs to be linked to the long term council community plan (LTCCP) by either amending the current LTCCP or as part of the next LTCCP round (eg, in 2012). | Ongoing from adoption of finalised WMMP and incorporation into LTCCP. |
| 6. Evaluation | Evaluation of progress/performance toward goals and targets. A formal review is required at least every 6 years, but significant changes made mid-term will trigger review requirements. | At least every 6 years for formal review. Councils should consider aligning with the LTCCP cycle. |
| 7. Reporting | An ongoing requirement to report on performance indicators and targets of the WMMP. Also includes reporting on the use of waste levy funding. | Ongoing, annually through annual plan/report. |
Project establishment involves determining the resources, timeframes and preliminary information required for undertaking the WMMP development process. You will require significant resources for conducting your waste assessment and preparing and adopting your WMMP. This section suggests some things to think about as you develop your project plan for the process.
You should conduct a preliminary review of your existing waste management plan or WMMP to reach an understanding of its relevance to current conditions and its status, and to review progress toward its goals, objectives and targets. This can be done in a high-level way to give the project team a better understanding of what significant changes to current services − if any − are likely to arise from the review.
You should also consider the timing of your bylaw review, as waste bylaws must not be inconsistent with a council’s WMMP (s 56[2] WMA). The WMA requires both the WMMP and waste bylaws made under Part 31 of the LGA 1974, and in force before the WMA was enacted, to be reviewed before July 2012. Therefore, in the case of this first review you may wish to review these documents concurrently. For future reviews of the WMMP you may not consider it necessary to do a full bylaw review process, although it would be good to seek advice on this. After the first review by 2012, bylaws are not required to be reviewed for a maximum period of 10 years, but in practice some councils may undertake more frequent bylaw reviews to align with their WMMP reviews.
You may wish to consider in a project plan for preparing your WMMP your decision-making and consultation timelines, as well as timing with respect to the triennial LTCCP and annual plan cycles. This is because a review of a WMMP may have significant implications for the strategies and/or costs reflected in the LTCCP, given that it formalises the operational requirements for the implementation of the WMMP.
Where there are significant amendments and changes to the levels and types of services (based on a council’s own significance policy), you may need to consider an amendment to the LTCCP. If the WMMP will not be formally adopted until the LTCCP is adopted, implementation could be delayed until that time.
There will usually be some benefit from aligning these consultation processes in the future, if possible, so the WMMP review is prepared a year ahead of the LTCCP. However, this may not suit all circumstances and councils can consult on their WMMP as part of their LTCCP if desired. One of the advantages of developing the WMMP before preparing the LTCCP is that public consultation processes can be streamlined and the LTCCP drafted to incorporate the activities and financial details associated with implementation of the WMMP.
A WMMP can be consulted on and adopted through a separate process, but if there are any ‘significant’ changes (according to the council’s significance policy) in the WMMP, this may require formal amendment to the existing LTCCP. Also, note that once a WMMP is adopted and implementation is provided for in the LTCCP, any ‘significant’ changes during the annual plan or subsequent LTCCP (such as eliminating or adding a major new service or infrastructure) may trigger the review requirements of s 50 of the WMA.
Consultation requirements are discussed further in section 4.6, but consideration should be given at the project establishment phase to the timeframes required, the likelihood of any significant issues or proposals arising that will draw attention, and the consultation and community engagement plans and techniques that will be used.
Waimakariri District Council recently undertook a review of their 2003 waste management plan. Although the process was undertaken before the WMA was enacted, the timeframes and how the process was aligned to the LTCCP are relevant to other councils.
Timeline:
Early 2008: Draft waste management plan developed following assessment of waste data and consideration of options.
August/September 2008: Draft plan released for public consultation, and hearings held. The plan contained a number of statements of proposal regarding options for changes to services, including new and improved services such as upgrading a resource recovery park, consideration of composting facilities, and improvements to kerbside recycling and organic collection services.
October to December 2008: The council reviewed the 1932 submissions received and adopted a set of recommended changes to the draft plan.
An updated draft waste management plan was prepared and has been incorporated into the LTCCP 2009−2012, which is currently undergoing public consultation before final adoption. The LTCCP and its associated activity statements and asset management plan is directly linked to support the activities highlighted in the waste management plan.
Any changes resulting from the LTCCP process, such as to levels of service or activities provided, will need to be reflected in the final waste management plan adopted.
Most WMMPs contain information about a TA’s waste and waste minimisation services, many of which are carried out under contract to the council. Councils may wish to consider where there may be economies of scale and who they might be able to partner with for the development of any major infrastructure. Early discussion with industry about processing capacity, technology and other operational considerations may also be useful before beginning a procurement exercise.
Existing collection services and infrastructure operations contracts should be considered, as some contracts may need to be either extended or terminated early. If any new major infrastructure or service changes are anticipated, procurement timelines − including the requirement for resource consents under the RMA − should be considered early in the planning process to allow adequate lead time for new services or infrastructure to be procured following adoption of the new WMMP. Where new services or significant changes to services are anticipated, current contracts may need to be extended or short-term contracts let for several years to accommodate the preparation of the WMMP, including public consultation and adoption of any major proposals contained in it.
Stakeholder engagement is important to the successful development and implementation of a WMMP. Although community engagement generally occurs throughout the planning process, there is an opportunity at the project establishment phase to assess key stakeholders and partnerships and to begin forming relationships. Stakeholders are varied and include elected members, residents, businesses, community organisations, iwi, private waste operators, public health units of district health boards and neighbouring territorial authorities (TAs).
Before beginning to prepare a WMMP, you should identify and consider the appropriate timing and methods for seeking the views of stakeholders, and engage with potential partners early. This should not just occur at the formal public consultation phase (see section 4.6), and is particularly important where a council has an outdated waste management plan or where you are considering significant changes to services.
It is useful to inform the council of the WMMP process at the outset to prepare them for their role in the process and to seek their support for the development of the plan within a given timeframe. It may also be helpful to allow elected members the opportunity through council workshops to consider likely partnership, particularly if there are neighbouring councils involved. Increasingly there will be private organisations (with whom the council may wish to form partnerships) seeking to take advantage of either council-allocated levy funding or contestable funds from the Waste Minimisation Fund.
The WMA (s 45) specifically allows for joint plans to be developed and adopted. Although the Act does not specify it, councils may also be able to undertake a waste assessment (s 51) jointly, as long as each council clearly demonstrates how they have utilised the assessment information and its options in developing their WMMP. The process of joint planning may be particularly helpful to groupings of smaller councils with similar issues, as it would allow planning resources and costs to be shared.
While having a joint WMMP is one possible option, there are other examples of partnership such as the development of shared regional or sub-regional strategies, with the adoption of separate local WMMPs. In some cases councils may seek to work together on joint key initiatives such as shared services projects or community-based social marketing and education programmes. Also, while regional councils are not allocated specific responsibilities under the WMA, they do play a role with respect to the Resource Management Act and have differing levels of involvement in waste management and minimisation across regions, and may be considered a key stakeholder.
Another example of partnership is the potential for joint application for funds from the Waste Minimisation Fund. This needs to be considered early in the WMMP process in terms of identifying potential partners and projects. The Waste Minimisation Fund is discussed further in section 4.7.
For more information and links to resources on community engagement and public consultation, see section 4.6.
As we have seen, there are a number of different ways in which councils can form partnerships. These range from fully co-ordinated joint WMMPs between TAs and/or regional councils, through to the delivery of shared services or programmes. Following are a few examples.
The WMA (s 45) allows for the development of joint WMMPs. Tauranga City Council and Western Bay of Plenty currently have a joint waste management plan that has common policies and strategies, but with separate action plans. The joint plan was adopted separately by each council and then ‘endorsed’ by the regional council. There are a number of other examples of joint waste management plans with a varying level of alignment between strategies and activities.
Environment Waikato is an example of a regional council that has played a lead role in facilitating regional cooperation through the development and implementation of a Waikato Regional Waste Management Strategy. The Strategy was prepared by a team of TA and regional council representatives and the waste industry. It sets out how Environment Waikato will contribute to waste management and minimisation within the region by:
showing by example that it is possible to integrate waste minimisation and energy efficiency into day-to-day business operations
coordinating information collection across the region so that decision-makers can make informed decisions on waste management options
advocating for the introduction of economic incentives for waste minimisation, both locally and nationally
ensuring the regulation of waste disposal and resource recovery sectors doesn’t create barriers to waste minimisation
coordinating waste minimisation programmes (such as education or special waste collections) across the region to reduce duplication and costs to the ratepayer.
Many projects are undertaken by Environment Waikato in collaboration with TAs. In some cases, funding for projects and programmes is shared by all the member TAs and Environment Waikato to support the implementation of the Strategy. Programme examples include:
region-wide unwanted agrichemicals collection
a recycling in public places initiative
regional waste surveys and regional landfill siting studies
the Waste Exchange
a business sustainability advisory service for small to medium-sized businesses
the EnviroSmart Programme
various community waste education initiatives
coordination of submissions on central government policy initiatives.
For more information, contact Environment Waikato or see: http://www.ew.govt.nz/Environmental-information/Solid-waste/Regional-waste-management-strategy/
In Auckland the seven TAs have cooperatively developed a draft Auckland Regional Strategic Priorities for Waste document. This document is not a joint WMMP but a draft set of regional priorities that are to be endorsed by individual councils, which provides them with guidance on the content of their individual plans. Groupings of these councils work together to jointly fund a number of projects to support their strategic priorities, as identified in the document. While not directly involved in its development, the Auckland Regional Council is involved in \ facilitating some programmes and the delivery of some region-wide projects in cooperation with the TAs of the region.
For more information about this project, contact the project leader at Waitakere City Council’s Solid Waste Business Unit, by phoning 09 836 8505.
Canterbury TAs together with Environment Canterbury are working together to improve the management of hazardous waste in the region. This regional approach recognises that there are issues relating to the management of hazardous wastes which extend across territorial boundaries within the region, and across the regional boundary, that require involvement both at a TA and a regional council level. As a result, the Canterbury Hazardous Waste Management Strategy was developed in 2001 and updated in 2006. The strategy is primarily designed to provide direction for TAs, but it also provides guidance for generators and those individuals or organisations involved in the waste management industry.
Part 1 contains the vision, objective and guiding principles for the strategy. It then outlines the hazardous waste management issues and the strategies needed to address these issues. Part 2 has been constructed directly from the Part 1 strategies. The activities have been grouped into implementation programmes. Some address generic issues associated with hazardous wastes, with an emphasis on priority hazardous wastes, while others are specific to individual waste streams. It identifies the resourcing commitments of all TAs and Environment Canterbury and the activities to be undertaken to implement the strategy.
For more information, see: http://www.ecan.govt.nz/Our+Environment/Waste/ReuseRecycleRethink/CanterburysWaste/CantyHazWasteManagStrat.htm
There are many examples of TAs, regional councils and private industry or community group partnerships that have in the past secured funding for joint initiatives; for example, the C&D Waste Reduction Project (funded by the Sustainable Management Fund) that produced the Resource Efficiency in the Building and Related Industries Guidelines. It is expected that there will be a number of joint applications to secure funding from the Waste Minimisation Fund or other funding sources.
There are countless examples of TAs and/or regional councils sharing services, infrastructure and programmes. Councils can also consider pooling funding (including a portion of their allocated waste levy funding) to outsource waste minimisation education and behaviour change programmes to private operators, community groups and/or regional councils. Examples of this include the now nationally available Create Your Own Eden organic waste minimisation programme. For more information, see: http://www.createyourowneden.org.nz/
Councils may wish to consider the Zero Waste Action Planning (ZAP) tool created as part of the Zero Waste Strategy for Councils report. The ZAP system provides methods TAs can use to successfully influence and engage all sectors of the community in the process of waste minimisation.
This resource was created through a Sustainable Management Fund grant and is accessible to TAs. While outdated with respect to new waste management legislation, there are useful tools included in this resource that are relevant to undertaking a review of a WMMP in terms of the engagement process and determining specific actions for your community.
For more information about the ZAP tools, see: http://www.mfe.govt.nz/withyou/funding/docs/4186_zap_report.pdf/
The Health Impact Assessment (HIA) is another tool that is being used by councils in the development of a WMMP. The HIA has been defined as:
“a combination of procedures, methods and tools that systematically judges the potential, and sometimes unintended, effects of a policy, plan, programme or project on both the health of a population and the distribution of those effects within the population. HIA identifies appropriate actions to manage those effects.” A Guide to Health Impact Assessment – 2nd edition, 2008.
For more information about the HIA and this project, see the Ministry of Health’s website: http://www.moh.govt.nz/moh.nsf/indexmh/hiasupportunit-what/
The Wairoa District Council and Hawke’s Bay District Health Board are using the HIA in the preparation of the Wairoa Waste Management Plan to improve the health outcomes for people living in the district. This has been in response to issues associated with illegal dumping. The initiative seeks minimise the costs for households and ratepayers in the district for the disposal of their refuse while providing a service that will ensure refuse is disposed of in a manner that does not create a health risk.
The situation review is the appraisal of a council’s current and likely future circumstances with respect to waste management and minimisation. The situation review is essentially a gathering of relevant information on waste and waste minimisation activity and material streams. It is this information that will help councils determine their goals, objectives and targets. These targets, once adopted, will be measured and reported on, and thus will be ‘auditable’, emphasising the necessity for councils to base their decisions and targets on as much relevant data as can practicably be obtained.
Many existing waste management plans adopted under previous legislation gave little attention to forward planning. However, forward planning is important because it allows for consideration of both current and future demand for services as well as for service continuation and prevention of nuisance. The situation review step in the WMMP process is aimed at partially fulfilling the waste assessment requirements of the WMA (s 51) in that it embeds the forward planning framework (as discussed in section 3.4).
Councils need to determine the scope of their WMMP in terms of which wastes and diverted materials are to be considered within the plan, including those not controlled by the council. In many cases the majority of waste and diverted material is not controlled by council through its waste facilities or collection contracts. The WMA Part 1 provides a definition of waste as well as waste minimisation. If a waste is discarded or disposed of to landfill, this material is likely to be covered by the scope of the WMMP. Councils must also consider methods for minimising the volume of materials that are discarded and methods for increasing the volume of materials that are collected for reuse, recycling, recovery or treatment before final disposal.
Based on these definitions, you may wish to include not only all solid waste but also some liquid and gaseous wastes within the scope of your WMMP. A number of liquid and gaseous wastes are disposed of to landfill or are collected as diverted materials. Others are directly emitted to the air, land or water and are dealt with by the RMA. Generally, liquid and gaseous wastes (eg, used oil, gas canisters, septic tank sludge) that are containerised for the purposes of collection and disposal to landfill (or would but for current recovery schemes) are likely to fall within the scope of a WMMP.
Some materials with special qualities may need to be dealt with in both the WMMP and other council strategies and plans. For example, raw sewage that goes down the drain for wastewater treatment is generally dealt with through other means, such as through network consent requirements and trade waste regulations. In the case where bio-solid or sewage sludge that is a result of wastewater treatment is discarded and disposed of to landfill (or incineration), this material may be covered by the WMA and therefore may be considered a waste, and thus included within the scope of the WMMP.
Generally, if the management and minimisation of this material is dealt with in other council strategies or plans, such as sanitary assessments or wastewater asset management plans, this should be specifically indicated in the WMMP document, with reference to where information on this waste (or diverted material component) can be found.
A situation review should take into account the current and projected future quantities and composition of waste and diverted materials (where this information is available) as well as waste flows. The assessment should consider current demand and the services being offered, as well as forecasting of future demand for services based on growth trends for the district
(eg, population growth and Gross Domestic Product).
In addition, read as a whole this guidance suggests that the WMA (s 51) places an onus on the territorial authority to obtain appropriate information so that it, and the community, can have confidence that public health is adequately protected. This may appear onerous, but much of the required information may be held by the TA or be reasonably available from other organisations such as the public health units of district health boards and other interested parties. We suggest that the catalyst for gathering new information is therefore likely to be confined to where there is a reasonable risk to public health by not having that information.
Ideally, councils should gather and assess data and information on:
waste and diverted materials generated in their district
the composition of waste in their district, including both household and commercial waste
waste and diverted material flows, in terms of their source and destination.
Where data is not available or cannot be obtained through reasonable means, this should be explained in the assessment, along with how it may affect the assessment outcomes.
It is important to recognise that the data and information gathered for a district’s waste situation should fit the council’s overarching goals and objectives. Councils have flexibility in how they approach the data gathering that fulfils the requirements of the waste assessment process. There may, for example, be instances where the fact that a private party provides a waste or waste minimisation service is enough information for council planning purposes, and detailed data is not required other than documenting the materials handled and the areas covered by the service.
It may be beneficial for councils to carry out a regional waste assessment if waste flows in a district flow freely across boundaries from source to transfer station to landfill. Working regionally may also help councils recognise any economies of scale available for waste management and minimisation infrastructure.
Future demand forecasting should consider at least a 10- to 20-year period to be better aligned to LTCCP budget forecasting and for infrastructure and contract planning timeframes. Forecasting typically involves applying a growth factor, such as Gross Domestic Product and/or population growth estimates, to the tonnage information to get an understanding of future waste and diverted material streams. Demographic information should also be considered, such as the number, type and composition of households. We recommend that the targets you adopt and the timeframe for waste minimisation activities be factored into the projections in terms of how they may affect the amount of waste arising, and its composition and flows, in the future.
When we were preparing this guidance, some councils indicated a desire to see a prescriptive and nationalised approach to data management and demand forecasting, to provide consistency from district to district and to allow benchmarking between TAs. One possibility discussed was a ‘waste to landfill per capita’ type of indicator for all TAs. However, there are several difficulties with creating such common indicators in New Zealand, because of the widely varying circumstances (such as public versus private ownership of infrastructure) between TAs, which affect what data they have access to and the accuracy of the information obtained. Even where significant information is obtainable, cross-boundary waste movements and differences in service structures and the demographics between councils make benchmarking from district to district very difficult – and less meaningful. Also, in some cases a common indicator may put unnecessary strain on some councils if a rigid set of data requirements was established, while adding little value to the overall WMMP process in terms of supporting the community outcomes.
For these reasons, in determining what data to gather and assess we recommend councils consider what data is available at a local, regional and national level to assist in progress monitoring, and consider any existing product stewardship schemes to further support the data gathering requirements. Councils should consider adopting any relevant performance standards, as well as national monitoring regulations. Ultimately, however, decisions about what data to gather should be determined by your council, based on your own circumstances, desired community outcomes, interests and resources available.
What are the particular issues facing our district for waste management and minimisation?
How well is the council achieving its objectives, targets and actions in relation to the existing plan?
Particular issues or challenges facing a district with respect to waste management and minimisation should be highlighted in the situation review. For example, some large geographic districts with a sparse resident population but with peak tourist service demand are likely to have difficulty providing affordable services to accommodate peak demand. Another example is an increase in the recycling of organic waste through composting, and resulting public concerns at the potential for odours to be released beyond the boundary in areas near housing.
We recommend that current or planned future facilities such as waste disposal sites be considered and discussed in a WMMP, noting if any are due to close during the short to medium term and how service continuity will be provided. The status with respect to the implementation and success of the existing waste management plan/WMMP should also be considered. Where objectives and targets are not being met, these should be highlighted.
A number of tools are available to help councils conduct their situation review, and many councils already have good information and data on waste and diverted materials, particularly where they own and operate the majority of the waste and waste minimisation infrastructure.
Data reporting may include that from council-owned infrastructure such as landfills, transfer stations and resource recovery facilities, as well as from collection contracts. Data should be required from all council facilities and services. Where private operators manage facilities and collection services under contract, data can be required as a key performance indicator of the contract.
Other data may be obtainable from accredited product stewardship schemes for priority products as they are developed. Where there are gaps, councils may need to use other types of audit and data-gathering tools.
The Solid Waste Analysis Protocol is a tool extensively used in New Zealand to guide organisations in the measurement of waste quantity and composition through a classification and sampling technique. This technique can be applied at the kerbside or facility level. The Protocol can be downloaded at: http://www.mfe.govt.nz/publications/waste/solid-waste-analysis-mar02/index.html/
Where there are privately owned and operated waste and waste minimisation facilities and collection, disposal and/or resource recovery services, reporting requirements on waste and diverted materials can be incorporated into future resource consents for these facilities. Existing resource consents remain as granted unless reviewed formally by the grantor.
Some information on waste and waste minimisation activity may be obtained by council through its operational and various regulatory roles. Regulation will not normally be justifiable for the sole purpose of gathering data, although data may be obtained through such means
(see section 4.7.2 for more information on bylaws and licensing).
The Ministry for the Environment does have the ability under the WMA to obtain information via regulation on all materials, whether discarded as waste or diverted. As information is obtained this data may be of use to TAs to support their WMMPs and performance monitoring. At the time of writing the only proposed regulation for reporting is that operators of a disposal facility are required to keep tonnage records of waste disposed of and diverted from the landfill and to provide this information to the Government.
Another aspect of the situation review is consideration of the impact of any recent legislative and/or non-legislative policies or programmes (as identified in section 2) that could have an impact on waste quantities or composition. For example, non-legislative strategies such as the voluntary Packaging Accord (or any future initiative related to packaging) may set targets or specific strategies for waste minimisation that are important to consider in the WMMP process. Also, councils should consider the management of any nominated priority products in terms of whether accredited product stewardship schemes will have an impact on the waste stream, as well as the role of TAs in any such scheme.
Most good management plans include goals, objectives and targets as well as actions aimed at achieving them. The completion of the situation review phase provides a good opportunity for you to consider your preliminary vision and goals as part of developing the high-level strategy component of the WMMP.
A vision is the aspirational outcome that is desired, or ‘where you want to be’ For example, a number of councils have adopted a vision of ‘towards zero waste to landfill’, which is the aspirational goal of the New Zealand Waste Strategy (NZWS).
Some councils have adopted a ‘zero waste policy’, and there is some confusion as to whether this policy is establishing a target or setting a vision for the council. As a target, the Government and most councils recognise that ‘zero waste’ is not likely to be achievable in a realistic timeframe, so it is recommended that councils consider adopting a policy of ‘towards zero waste to landfill’ as their vision, rather than as the target against which the success of the WMMP is measured. Separate targets for waste minimisation can be set to support the attainment of this vision.
Goals describe what a council wants to achieve through their WMMP. The NZWS has three core goals underpinning the vision. These goals are:
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.
After determining the overall vision and goals, an accompanying set of objectives can be identified that establishes the specific strategies and policies to support the achievement of
these goals.
Quantifiable targets are also important, as targets provide a clear and measurable way to determine how well the council is achieving its goals. Targets should aim to be ‘SMART’ (specific, measurable, achievable, relevant and timely).
One challenge to developing targets is considering how growth and measurements such as gross domestic product are affecting and will affect waste arising. Targets such as ‘total waste to landfill’ or ‘waste per capita’ that are established as a baseline figure during a high growth period are highly correlated to economic performance indicators. For example, a reduction in waste to landfill measured against a 2006/07 baseline may not reflect the success of the actions taken to minimise waste and may be more directly related to lowered economic activity.
When benchmarking your council’s progress and performance against targets it is important to consider the difference in data collection from district to district. For example, in District A, where a targeted rate is used to provide a kerbside refuse bin collection to all households and commercial properties, the data on waste arising will be more complete on a per property basis than in District B, where a user pays bag system is used in competition with several private waste collection services. District B’s result may indicate fewer tonnes per property, but is only accurate if the participation rate in the council-operated service is known.
Taken together, these components form the overarching strategy of your WMMP. The development of preliminary goals, objectives and targets helps inform and provide strategic direction to the options review process, from which specific waste management and minimisation methods and actions will be determined. Specific actions to support these objectives are then developed more fully following an assessment of options, as outlined in section 4.4.
Following are some case examples relating to goals, objectives and targets.
PDC’s draft WMMP’s vision and goals are strongly linked to the NZWS. In addition, the council has created an overall target that guides more specific targets for other waste streams based on its ‘priority wastes’.
PDC’s vision “is a community committed to sustainable resource use and waste minimisation”.
The goals are: (adapted from the NZWS):
lower costs and risks of waste to society
create a zero waste culture
reduce environmental damage and harm by waste generation and disposal
increase economic benefit by using material resources efficiently.
The policy outcome is “Towards zero waste to landfill by 2020”, and the general target is “80% reduction of waste to landfill by 2015”.
Christchurch’s waste management plan has specific targets for each of the material types that contribute most to the overall waste stream. There are targets for both domestic and commercial waste sent to landfill. Notably, CCC’s targets relate well to some targets of the NZWS.
CCC’s vision is “A prosperous city, where each person and business takes responsibility for waste minimisation and actively works toward zero waste.”
Its goals are:
individuals and businesses take greater responsibility for waste minimisation
council provides much enhanced reuse and recycling services at the kerbside
council supports and incentivises waste reduction, reuse and recycling
council ensures that environmentally sound waste disposal services are provided.
Targets are provided for (all by 2015):
green and kitchen waste: no more than 30 kg/person/year (2006 baseline 200 kg)
paper and cardboard: no more than 90 kg/person/year (2006 baseline 150 kg)
plastic: no more than 60 kg/person/year (2006 baseline 120 kg)
kerbside waste: no more than 25 kg/person/year (baseline 95 kg)
wood: no more than 22 kg/person/year (baseline 70 kg)
rubble: no more than 10 kg/person/year (baseline 50 kg)
overall waste: no more than 320 kg/person/year (baseline 764 kg).
There are also non-numeric targets for hazardous, cleanfill and electronic wastes
The development of goals, objectives and targets provides an excellent opportunity for councils to consider and demonstrate how they have given regard to the NZWS. The NZWS is highly relevant to the WMMP process because it sets the framework for moving towards common goals. It contains information about target waste streams and recommends actions that can be taken to address them. By considering the NZWS at this stage, councils have the opportunity to show how national policy has been interpreted and applied at a local level.
It is also important at this stage to consider any specific legislative requirements that may have an impact on the WMMP’s goals, objectives and targets. For example, if performance standards have been set under the WMA (s 49), then these may need to be taken into account directly in the formation of goals and targets.
Product stewardship schemes will also need to be considered as these may have an impact on the waste stream. The TA may also have a statutory involvement, enabled through specific regulations in Part 2 of the WMA.
A number of examples demonstrate how councils have had regard to the NZWS. These include:
adopting it in principle (eg, adopting a vision of ‘towards zero waste’)
making specific reference to its goals, objectives and targets and making reference to them in terms of local contribution and progress
utilising the criteria identified in the NZWS to help identify key waste streams and local priorities.
1. What are the risks associated with our high-level strategy?
2. Following the options review, do we need to revise our goals, objectives or targets?
The process for developing a strategy is not always linear. Following the options review, in some cases the strategic goals, objectives and targets may need to be modified. For example, an initial objective may be established that aims to reduce organic waste to landfill. This objective may be accompanied by a target, such as reducing organic waste by 80 per cent (over a baseline) by 2020. The options review may reveal that the costs of the actions required to achieve this target outweigh the benefits, and the target may need to be modified to more realistically reflect the preferred option.
In some cases, councils that have a more recent waste management plan may have few changes to make to their overarching strategy, or they may wish to confirm their commitment to their ‘towards zero waste’ policy and vision. It may be useful to consult with key stakeholders at this stage to seek initial feedback on the preliminary goals, objectives and targets developed.
The assessment of options contributes to meeting the waste assessment requirements of the WMA (s 51). The process for assessing options follows on from the information obtained in the situation review and is led by the preliminary goals, objectives and targets. Options should be focused on meeting the current and projected future demand for waste management and minimisation services, as determined from the situation review.
The options review should also provide information on the impact on waste arising and the demand for services or infrastructure. This information can then be used to adjust the figures in the situation review.
Councils need to consider the requirements in the LGA 2002 (eg, s 77) in the course of assessing and making decisions on their options. Section 77 requires councils to consider all reasonably practicable options and their benefits and costs in terms of the present and future social, economic, environmental and cultural well-being of the district.
When making a decision on the use of waste levy funds for waste minimisation, councils are required under WMA (s 32) to consider the effects of that decision on any existing waste minimisation services, facilities or activities, whether these are provided by the TA or other parties. You may wish to obtain legal advice on the interpretation and impact of s 32 on your existing waste services, facilities and activities.
The assessment of options needs to include cost information and should be supported by an appropriate level of technical and/or operational investigation for the option being considered. This is to ensure you have a good understanding of the implications for implementing a particular action or service.
Disposal options should also be clearly covered in the options review. The benefits of the preferred disposal method should be clearly identified. Where councils operate landfills, full cost accounting methodologies should be undertaken as part of future planning. For more information, refer to the Landfill Full Cost Accounting Guide for New Zealand at http://www.mfe.govt.nz/issues/waste/landfills/full-cost.html/
There are some options for addressing objectives that may involve the use of regulatory and/or economic tools. In some cases these options may involve an action specifically taken to support the strategy within the WMMP. Regulatory tools such as bylaws and the use of economic incentives and/or disincentives also require detailed investigation. Bylaws are discussed further in the subsection on implementation (section 4.7).
Councils are required to consider the waste hierarchy methods in preparing their WMMPs, as outlined in the WMA (s 44). Councils may wish to obtain their own advice on the requirements imposed by s 44. This guidance recommends that councils consider the specific methods of waste management and minimisation they will use in the district, from the reduction of waste through to disposal. For consistency, councils should refer to the specific definitions for reduction, recycling, recovery, treatment and disposal contained in the WMA Part 1 interpretation.
One method for considering the waste strategy is to decide on the position of each option being assessed on the waste hierarchy. The position on the hierarchy may form part of the analysis in determining the benefits of the option being considered, because it allows for comparison between different waste management and minimisation methods. Consideration of the waste hierarchy also helps highlight any constraints or barriers the council may have in implementing some options.
Another aspect to developing your action plan is the process for using an established set of criteria for helping to prioritise waste streams, issues and possible actions arising from the situation review that need to be addressed. The NZWS provides a set of criteria that offer a good starting point for prioritisation and assessment:
volume
harm
achievability
public concern
cost-effectiveness.
You should also consider the level to which some wastes or diverted materials are addressed by other parties, or through regulations arising from relevant legislation, such as in relation to priority products, or regulations under the HSNO Act, RMA, etc.
Issues such as the health and nuisance factors associated with a particular waste stream will influence the options selected, such as whether to leave an issue open to the private market or provide a council service. Councils are required by the WMA (s 51), in choosing options, to consider whether public health is adequately protected, as well as the degree to which the options promote effective and efficient waste management.
Councils may be able to come up with additional criteria based on their needs, circumstances and desired community outcomes.
The options review should result in a multi-criteria assessment of a costed set of options. Preferred options for managing and minimising waste should be highlighted. From this, a waste assessment as outlined in the WMA (s 51) can be prepared. The waste assessment must be notified with the draft WMMP when it goes through the legally prescribed public consultation process, whether the plan is to be amended or not. Therefore, we recommend attaching the waste assessment to the draft WMMP (or statement of proposal) as an appendix in all consultations.
The waste assessment should contain a description of the services being undertaken, the results of the demand forecasting for waste and waste minimisation services, as well as a formal statement of options for meeting this demand. The demand statement should include a statement covering the council’s role in meeting the demand.
If the statements of proposal (refer to the WMA s 51 and the LGA Part 6, ss 83–85) arising from the assessment process may result in a significant change, such as new infrastructure, a change to the level of service or mode of delivery of service, the council may wish to engage key stakeholders at this stage to advise them of the preferred options before the draft WMMP is prepared for public consultation.
Refer to the WMA (s 51) for the specific requirements for a waste assessment, and to section 3.4 in this document as well as the sample WMMP outline in Appendix 1 to assist in structuring the content of the waste assessment.
In putting together the draft WMMP, a council is essentially drawing together the information gathered in the preceding steps and creating a structure that provides for clear communication of the council’s strategies and proposed actions to achieve effective and efficient waste management and minimisation.
There are a number of ways to structure a draft WMMP based on its key features. The WMA (s 43) is not very prescriptive on the content for a WMMP, although there are legal requirements that have to be considered in the preparation of the plan, as discussed in previous sections. The aim is to allow councils to develop WMMPs that reflect the needs and desired outcomes of their district. This guidance recommends a plan that has several key components that are structured to allow for ease of use and readability of the main body of the WMMP, while providing more detail in supporting documentation for those who require it and to facilitate decision-making.
Figure 4.2 shows the relationships between the steps to be taken in preparing a WMMP and their vital components, as discussed in chapters 3 and 4. The key components of a WMMP, as outlined in the figure, are:
Part A – the overarching strategy, containing a summary of the waste situation, along with the goals, objectives and targets of the council
Part B – the action plan with detailed information about activities that will be undertaken to achieve the objectives and targets of the strategy and how they will be carried out and resourced (actions themselves should be ‘SMART’ (specific, measurable, achievable, relevant and timely) and drawn from the options review)
Part C – the appendices attached to the document, which are provided to support the proposed objectives and actions of the WMMP (at a minimum appendices should be the waste assessment and any other technical reports or documents that support the WMMP).
Draft WMMPs prepared for the purposes of public consultation may be somewhat different from a finalised WMMP once adopted. For example, if significant changes to levels of service or new infrastructure are proposed, more detailed information may be required in the body of the draft WMMP to draw attention to the proposed activity and any statements of proposal. This will assist the public consultation process as the key issues will be clearly highlighted, including information about their benefits and costs.
Councils should ensure that the draft and final WMMP are easily accessible to stakeholders. For example, the WMMP should be well formatted and presented, and in a file size, file type and structure that make it downloadable. If due to graphics and formatting a document file size is quite large, a text-only version should be made available for easier electronic transmission.
In drafting their WMMP, councils should consider other local strategies and plans, and in particular ensure the LTCCP and the WMMP are aligned, so that strategic direction and future costs are reflected consistently. The LTCCP is the primary mechanism for councils to consider community outcomes and then provide for the activities to achieve these outcomes.
Councils are required to identify in their LTCCP the waste management and minimisation activities they are undertaking or plan to undertake (LGA Schedule 10). The LGA 2002 requires that every LTCCP contain a summary of the council’s WMMP (unless the actual plan is included in the LTCCP). We recommend that just a summary of the WMMP be provided in the LTCCP (not the full WMMP), and presumably this could be incorporated into any activity statement for waste and waste minimisation included in the LTCCP. An activity statement is the general term some councils use to describe how they delineate and describe various activity areas within their LTCCP. This activity statement or summary of the WMMP is often accompanied by a description of the activities, objectives, policies, relationship to community outcomes, key facilities information, levels of service information and the financial and budgeting information.
As part of fulfilling LGA Schedule 10 requirements for the LTCCP, some councils also prepare activity management plans or asset management plans. These documents are used differently from council to council, as these are not legally prescribed terms, but methods used by councils to meet LGA requirements. However, it is generally accepted that an activity management plan is a document that looks at the activity for a given area and describes the work the organisation does to deliver the services.
The term ‘activity management plan’ is sometimes used interchangeably with ‘asset management plan’, but an activity management plan covers not only services provided by infrastructural assets but all council services in the activity area discussed. An asset management plan is developed for the management of one or more infrastructure assets that combines technical and financial management techniques over the life cycle of the asset to determine the most cost-effective way in which to provide a specified level of service. These asset management plans are often very detailed and operationally focused.
Councils will have also previously used information from the sanitary assessment (as per the LGA) to support their activity or asset management plans. For solid waste, however, the sanitary assessment provisions of the LGA no longer apply, having been repealed by the WMA, and are now largely incorporated into the s 51 requirements for a waste assessment.
There is likely to be significant overlap of information between the waste assessment, the WMMP and the activity management plan and/or asset management plan for the waste and waste minimisation activity. Councils will need to rationalise the use of these documents and should focus on their individual requirements. For example, some councils own few or no assets for waste or waste minimisation, and so they may not require a separate asset management plan, but detailed asset information will be contained in a wider document. In some cases councils may be able to meet their LGA Schedule 10 requirements in relation to waste through a carefully constructed summary of their WMMP or activity statement without the requirement for producing a separate detailed activity management plan, as all the necessary information for the LTCCP may be summarised from information contained in the WMMP and its accompanying waste assessment.
The WMA (s 43) states that a WMMP must provide for how the plan will be funded. This is important in terms of ensuring councils allocate the resources necessary to implement the actions of the plan.
For example, the WMMP actions should clearly explain whether your council proposes to fund actions through user charges, rates or waste levy funding. While cost indications for various options need to be considered in the draft WMMP and provided to allow for input and decision-making consideration, detailed costing for each action is not recommended for the body of the action plan section of the plan. This is because cost information is updated annually and is subject to fluctuations. The action plan should not be mistaken for a detailed budget, but should state funding and resourcing mechanisms clearly so these can be incorporated into your council’s financial forecasts, activity statements and budgets as part of the LTCCP.
Some actions in a WMMP can be included as unfunded, but these should be clearly highlighted in the document with an indication given of the anticipated source of funding and when a decision will be made on funding a service or programme. In some cases, a decision on funding an agreed action may be contingent on, for example, a feasibility assessment or consideration of cost recovery mechanisms, or completion of an application to an appropriate fund.
There are several legal requirements for consulting, or working with, the community stipulated in local government legislation, including the LGA 2002, the RMA and the WMA. The LGA 2002 stipulates that decisions that are significant should require a more rigorous consultation and decision-making process, and each council should have a policy that identifies how the council will determine significance. It is recommended that councils determine the significance of the review of the WMMP based on their own policy. They should also develop what they believe to be appropriate consultation programmes based on their policies.
Notably, all WMMPs are subject to the requirements of the LGA 2002 special consultative procedure. This requirement is affirmed by the WMA Part 4, ss 44 and 50, which refer directly to the need to conduct a special consultative procedure as per the LGA 2002, s 83.
It is good practice to consult with and engage the community as a means of identifying and clarifying issues. If consultation is done well it will improve the quality of the WMMP and lead to more community and stakeholder buy-in of the plan.
The initial consultative step requires the identification of key stakeholders and potential partners (see section 4.1.4). This step should ideally be completed early in the project establishment stage to ensure support for the WMMP process. In some cases the key stakeholders and partners identified should be engaged during the options review process. Engagement with the wider community through a formal public consultation process is often better conducted after the completion of a draft WMMP, when viable options can be clearly laid out for the community’s consideration.
Councils have options for the timing of their special consultative procedure for their WMMP. Community engagement and the required special consultative procedure may be conducted as a separate consultative process or in conjunction with the council’s other decision-making and consultation timelines (eg, the triennial LTCCP or annual plan cycles). Some of the relative advantages and disadvantages of these options were discussed in section 4.1.2.
Generally it is recommended that the WMMP review and subsequent consultation process be conducted as a separate exercise, particularly where amendments to the WMMP are anticipated. There may be cost savings from consulting as part of another special consultative procedure, such as during the annual plan or LTCCP consultation, but this may not always give the required level of attention to the issues in the draft WMMP.
A number of tools available to help determine the most practical way of engaging with stakeholders and implementing community interaction. The toolbox of the International Association for Public Participation (IAP2), a global association that seeks to promote and improve public participation, provides a summary list of techniques and their possible application. For a full text copy of the toolbox, see:
http://iap2.org/associations/4748/files/06Dec_Toolbox.pdf
The Quality Planning website also has detailed information and advice about the consultation process. For more information, see:
http://www.qualityplanning.org.nz/plan-development/consultation/index.php/
If you are considering including options that may either be contentious or require elected member consideration, it may be beneficial to obtain the council’s support for their inclusion in the draft WMMP before consultation.
Following the prescribed consultation period for the draft WMMP and completion of the process for review and deliberation of submissions, the council will make a decision on the final form of the WMMP. The adopted WMMP may be ‘rewritten’ to reflect the outcome of the consultative process, with the removal of detailed information and options that have become superfluous to the final document’s content.
For those councils (two or more) considering developing a joint WMMP, the process may be more complicated and require additional preparation. Councils may wish to develop a joint working group sharing responsibility for the process, as well as an overarching memorandum of agreement regarding objectives and/or timeframes for consultation and decision-making, as this may assist with the consultation process.
Following are some further considerations for those undertaking joint plans.
The requirements of the WMA (s 43 and s 44) apply to joint plans.
The consultative techniques, and the responsibility for their implementation, should be agreed by a joint working group representing all the councils.
In our view, all councils who are party to the WMMP need to adopt the draft WMMP before release for public consultation.
Councils may seek endorsement or ‘adoption’ by the regional council as well.
Submissions may be received by any of the party councils.
A summary of submissions and the councils’ report requires joint development.
In our view joint council hearings of submissions should be held.
Each council’s adoption of the decisions may be completed separately or at a joint council meeting.
The councils’ decisions are incorporated into the final WMMP document.
Your plan has been drafted, consulted on, revised and adopted by the council. This stage involves implementing the policies and actions identified in your finalised WMMP. For some councils, implementation will be relatively straightforward; for others it will involve significant change, such as the design and development of new infrastructure, services and programmes.
This section discusses a variety of funding, regulatory and policy tools, as well as legal requirements that should be considered in the context of plan implementation. Some of these will have been discussed at least in part during the options review stage (section 4.4).
Funding support for the implementation of a WMMP is critical to its success. The WMA (s 43) requires that councils include information about how implementation will be funded within the WMMP, as discussed in section 4.5.4 of this document. The following subsections describe a number of funding methods and tools available to TAs that should be considered.
The national waste levy, enabled by the WMA (see section 2.3.1 of this document), was established to provide funding for waste minimisation infrastructure, programmes and services, and to increase the cost of waste disposal to recognise that disposal imposes costs on the environment, society and economy.
Half of the funding secured through the levy is distributed quarterly to TAs on a population basis. The WMA requires that all waste levy funding received by a TA must be spent “on matters to promote or achieve waste minimisation” in accordance with a council’s WMMP. Each council will receive its allocated share of the national waste levy if they have a legally adopted WMMP. The WMA (s 32) also requires that in determining their use of waste levy funding, councils must consider the effects the decision may have on any existing waste minimisation services, facilities and activities (whether provided by the TA or otherwise).
In our view, councils have significant flexibility with regard to the expenditure of their allocated waste levy funds, as long as they are spent on promoting or achieving waste minimisation, as outlined in their WMMP, and decisions on the use of the funds consider any existing services being offered (WMA s 32). Waste levy funds could be spent, for instance, on existing waste minimisation services, new services, or a combination of both. The funding could potentially be used to provide grants, support contract costs or as infrastructure capital for waste minimisation services such as recycling or resource recovery collection services or facilities. This flexibility allows those councils that have achieved considerable success to use waste levy funding to support their existing services as well as consider new services.
Allocated waste levy funding can also be used to promote waste minimisation, which applies to the development of a council’s WMMP. Funding could be used for monitoring a council’s activities towards achieving its waste minimisation goals and targets, as outlined in its WMMP. Councils may be able to use a portion of their waste levy allocation for purposes such as resources for reviewing and developing a WMMP or for conducting a Solid Waste Analysis Protocol as part of their waste assessment, and/or to monitor the performance of their WMMP. This must, however, be clearly signalled in the WMMP. It is recommended that councils seek independent advice on the purposes for which levy funding could be used.
Councils also have flexibility in the timing and manner in which the waste levy funds are utilised. Councils may wish to consider pooling funds with other TAs to get greater economy of scale in funding for new programmes, for example. Councils may also be able to pool waste levy funding received for several years to use for the development of new major infrastructure. This may be permissible under the WMA provided this use is explained in the WMMP. Again, councils may wish to seek their own advice on this.
The WMA Part 3 does contain sections allowing the Minister to withhold funding to a council if the council cannot demonstrate the funding is being used on matters to promote or achieve waste minimisation in accordance with its WMMP. Levy funding can also be withheld if the council does not have an adopted WMMP, or if the plan is not reviewed in accordance with the Act’s requirements.
The aim of these clauses is to provide some assurance that the allocated waste levy funds provided to councils will be earmarked for waste minimisation activity only and assumes that progress is made by councils toward the goals of the WMMP through its implementation.
The remaining half of the waste levy funds collected (minus levy administration costs and any refunds paid to disposal facility operators) will go to a fund called the Waste Minimisation Fund, which is administered by the Ministry for the Environment. Councils and others can apply for additional funds for projects that promote or achieve waste minimisation. The funding is distributed by the Minister and criteria may be set in the Gazette. Councils may wish to work together and/or with other organisations to develop funding applications.
More information on the Waste Minimisation Fund, the criteria and the application process can be found at: http://www.mfe.govt.nz/issues/waste/actimplementation.html
A variety of other external sources of funding are available for waste minimisation projects through private grant funds or sponsorship. Councils may seek to partner with businesses and local community organisations in developing funding applications or sponsorship programmes.
The national waste levy is intended to act as a disincentive to waste disposal. Councils that operate landfills will be responsible for collecting the waste levy on behalf of the Government in accordance with the WMA and regulations. It is expected that landfill operators will recover the levy by charging higher fees to their customers, with the levy costs then passed on successively through fees and charges to those generating the waste.
Councils that collect waste for disposal to landfill will be subject to increased waste disposal costs on this basis, providing further incentive for councils to promote and encourage waste minimisation. Councils have the ability to use economic incentives and disincentives in how they structure their cost recovery, and can utilise these funds towards implementation of
their WMMP.
The WMA (s 46) states that councils are not limited to strict cost recovery or user-pays principles for any particular service, facility or activity provided by the council in accordance with its WMMP. This means that fees could potentially be charged for a particular service that are either higher or lower than actual costs if this fee structure is provided for in, and supports the aims of, the WMMP. This means a council can create a charging structure that further incentivises waste minimisation, such as through a local charge on waste disposed of to the council-owned landfill and a lower charge on green waste, using the local levy on disposal to cross-subsidise the green waste processing cost.
The Parliamentary Commissioner for the Environment’s office produced several reports in 2006 on economic instruments and the use of such tools for changing wasteful behaviour. For more information, see:
Councils need to be aware that WMA (s 53) places limitations on the proceeds of sale from certain activities and services. Section 53 states:
A territorial authority may sell any marketable product resulting from any activity or service of the territorial authority carried out under this Part, but any proceeds of sale must be used in implementing its waste management and minimisation plan.
The scope of this clause is unclear in terms of what constitutes proceeds from activities as well as what is defined as a marketable product. This predicts the proceeds from at least some waste-related activities to waste minimisation (eg, user-pays refuse bags, recycled materials or landfill gas). Because of uncertainty as to the scope of s 53, it is recommended that councils seek expert advice regarding its scope and impact.
Councils have the ability under the WMA (s 47) to make grants or advances of money to any person, organisation or group for the purposes of promoting or achieving waste management and minimisation, as long as this is authorised by the WMMP. If a council intends to provide any such grants or advances of money, the framework for doing so must be explained in the WMMP (s 43). TAs can make grants or advances on any terms they think fit.
The ability to make grants allows councils to work with the community to implement the WMMP, where doing so will provide for more efficient and effective waste management and minimisation. Grants can take several potential forms, and if used as a tool the framework must be explained in the WMMP. For example, a local contestable fund for community or business waste minimisation projects could be established, or grants could be made directly to organisations such as community centres that offer waste minimisation education programmes or services.
Bylaws can be used as a tool to support the aims of the WMMP. Section 58 of the WMA requires that bylaws made under s 56 of the Act must be reviewed:
TAs must review bylaws made under Part 31 of the LGA 1974:
Bylaws must not be inconsistent with the WMMP (s 56[2]).
We recommend that councils conduct their bylaw review process concurrently with preparation of the WMMP to maximise the consistency between the documents.
General and specific bylaw powers are outlined in the LGA 2002, Part 8. Bylaws are to be used for the general purpose of protecting public health and safety, and minimising nuisance and offensive behaviour. Section 146 of the LGA specifically enables bylaws for the purposes of regulating waste management and solid waste activities. The LGA also contains requirements related to licensing, payment of licence fees, recovery of costs, and the processes for making, amending and revoking bylaws following a special consultative procedure.
The WMA provides additional powers for TAs to make bylaws, including prohibiting or regulating the deposit of waste and regulating the collection and transportation of waste. Bylaws may also provide for the licensing of persons who carry out the collection and transportation of waste (s 56). These bylaw provisions are in addition to the LGA 2002 provisions.
Bylaws and waste operator licensing systems are currently used as a tool by a number of councils to prevent nuisance, to monitor service quality, and to gather information on, for example, the amount, type, source and destination of waste and diverted materials. Some councils use bylaws to promote resource recovery through bans on the disposal of certain materials, such as through banning green waste disposal in council waste containers or by requiring separated materials at landfill. Bans may need to be considered on a regional basis and aligned with neighbouring TAs so that businesses and residents are not disadvantaged by differences across district lines.
Councils considering the use of bylaws and licensing systems need to carefully consider the aims of their WMMP and conduct a thorough investigation of the options in relation to the use of bylaws, including seeking expert advice on the scope and process for developing a bylaw.
North Shore City, Rodney District and Waitakere City Councils (the ‘Northern Alliance’) adopted a joint waste management and minimisation bylaw and licensing system in 2005.
A major objective of the three Northern Alliance councils is to support the principles of the NZWS and their ‘towards zero waste’ objectives. As a means of promoting and supporting these principles, the councils introduced a common bylaw to provide for the introduction and implementation of a waste licensing system. This system licenses, on a sub-regional basis, all waste (and some diverted materials) operators that collect, transport and/or dispose of waste (or diverted materials) in excess of 20 tonnes.
This bylaw allows for the councils to regulate the collection, transportation and disposal/consolidation of waste and diverted materials, thus preventing nuisance by monitoring the performance of the operators. The bylaw also gives councils the ability to measure the waste and diverted materials streams arising in their districts, as the licensing system involves the collection of information on the types of materials, their source and destination, as well as tonnage.
The three councils jointly fund a shared full-time waste officer to manage the bylaw enforcement and licensing scheme. This position is largely funded by licensing fees.
For more information about the Northern Alliance waste bylaw and licensing system, contact the North Shore City Council, Environmental Programmes Department by phoning 09 486 8600.
Councils have the power to contract for any waste management or minimisation service, facility or activity. A number of methods can be incorporated into contracts and the services procurement process to further support the aims of a council’s WMMP. Contracts procured for waste management and minimisation services and activities should be in accordance with the advice provided in Guidance Principles: Best Practice for Recycling and Waste Management Contracts. This document was produced by the Ministry for the Environment in 2007 and can be downloaded at: http://www.mfe.govt.nz/publications/waste/best-practice-recycling-waste-mgmt-jul07/index.html/
Councils should assess how best to achieve their objectives, and this may require a range of partnerships or external support to achieve economies of scale, introduce new technologies or innovation, reduce risk, or secure funding. Examples are working with:
other TAs and/or regional authorities
commercial organisations
community groups.
For more details on case examples related to partnerships between councils, see section 4.1.4.
Another aspect to the successful implementation of your WMMP is making the plan ‘business as usual’. This can be achieved by institutionalising organisational support for the WMMP and its aims, such as by developing strong internal links to corporate business plans as well as to activity and asset management plans. There are also practical requirements, such as ensuring that council job descriptions, programme plans and budgets are allocated correctly.
Councils can also build support for their WMMPs by demonstrating best practice behaviour internally, through implementation of in-house waste reduction and minimisation services and programmes for staff.
Evaluating and monitoring the success of your WMMP is an ongoing process, with performance measures and evaluation techniques to be considered at each level of the plan, from the objectives and waste minimisation targets down to monitoring the progress and quality of delivery of the activities identified in the action plan.
Waste data collated for the district as well as national waste data should be used to measure the waste situation and monitor progress towards achieving the council’s WMMP goals and targets. The monitoring techniques used should be directly related to the targets.
For example, a council may set a target of 50 per cent reduction of waste to landfill over a
10-year period based on an initial tonnes per capita baseline figure. This target would then be monitored by regularly collecting and reporting on tonnage per capita to determine relative performance against the target. Results of monitoring should be evaluated regularly to determine how well the council is making progress toward its goals and targets and to help identify any barriers to success. Care should be taken when measuring performance against targets to assess the impact of changing economic conditions on the indicators being measured.
There are various methods available for measuring progress, and often these will need to be resourced. As part of the WMMP development process, systems for monitoring should be identified and built into the WMMP action plan so they are recognised as part of the process and resourced appropriately. For example, ongoing collection and reporting of waste data may be relatively straightforward in some districts where the majority of waste infrastructure is owned by the council. This type of monitoring may, however, be more difficult in other districts where most facilities are privately owned. In this case, accurate collection of waste data may require more resource-intensive means such as bylaws, licensing or resource consent conditions to obtain the necessary data. These types of monitoring activities may need to be addressed in the council’s WMMP to ensure they are supported.
We recommend that a council’s WMMP contain an action plan that describes the activities being undertaken towards achieving its overall strategy and goals. Monitoring and evaluation of the progress towards implementing these actions and the quality of delivery are other aspects that require ongoing monitoring. For example, councils should track progress towards implementing the actions in their plans. The quality of the implementation is also often measured; for example, many districts use customer satisfaction survey methods to determine satisfaction with council programmes and services. Some programmes are measured in terms of both their waste minimisation impact as well as customer satisfaction. Key performance indicators (KPIs) in contracts should also consider, and be aligned with, measures for the WMMP performance and other waste-related LTCCP performance measures. These types of monitoring and evaluation methods need to be considered during the development of the WMMP and in programme and service design.
Councils’ waste officers should liaise internally with both their operations staff as well as the policy staff involved in annual reporting on LTCCP and annual plan performance measures to ensure a streamlined set of measures is developed. The measures tracked and reported on should incorporate both monitoring of performance against the WMMP targets, such as waste minimisation targets, as well as other performance measures, such as those related to service levels and the quality of major services or programmes (see also section 4.9 on Reporting).
Along with reviews triggered by monitoring and evaluation processes, the WMA (s 50) requires that a TA review its WMMP no later than 1 July 2012 and then at least every six years. Any review of the WMMP must be preceded by a waste assessment under s 51.
If a council’s WMMP does not adequately promote effective and efficient waste management and minimisation within its district, the Governor General may, by Order in Council on the recommendation of the Minister for the Environment, direct that a TA make changes to its WMMP (refer to WMA s 48).
If a significant change (as defined by a council’s significance policy) is made to a waste or waste minimisation service or activity during the period between reviews, such as a decision during an annual plan or LTCCP round to eliminate a service, this change may trigger a full review process, including the requirement for a preceding waste assessment.
This is particularly likely where the change in activities will represent a policy change
(eg, from user charges to rates paid), or will have a significant impact on the council’s ability to meet its stated targets (such as cancelling a kerbside recycling programme).
The WMA (Part 6, s 86) provides for the promulgation of regulations in relation to reporting. Regulations are currently being developed under s 86 that require operators of a waste disposal facility to keep certain records and provide this information to the Government. This is primarily to enable levy collection accuracy. TAs that operate a landfill will need to comply with these requirements in accordance with the regulations, as reporting annually on waste tonnages to landfill will not fulfil this requirement. A full text copy of the regulations can be downloaded from: http://www.mfe.govt.nz/issues/waste/actimplementation.html/
Regulations may be made in the future requiring a TA to report each year on the expenditure of waste levy money, as well as its performance in achieving waste minimisation in accordance with its WMMP.
Reporting may also be required in the future by TAs in relation to any performance standards and any other reporting regulations developed for waste management and minimisation operations or facilities, such as resource recovery centres or composting operations. If performance standards or reporting regulations are issued, these require a Cabinet decision and notification in the Gazette.
Currently, all councils already undertake some level of reporting on their activities. The required reporting on waste management and minimisation should be incorporated into the council’s LTCCP and annual plan process, where the levels of service and forecast performance measures are detailed, and in the annual report, where the actual results for the past year are shown against that forecast.
The annual report should include information directly related to progress towards stated waste management and minimisation goals, objectives and targets. Reporting on targets should be quantifiable, as all targets will be specific and measurable. Where targets have been only partially met or not met, the reasons for this should be explained.
Expenditure of waste levy funding must also be reported on in the annual report and should be aligned to the intended use, as proposed in the WMMP and LTCCP. This use of waste levy funding must also be clearly delineated in the annual report financial information.
The annual report is the formal reporting vehicle and also provides a way to reach a variety of stakeholders. However, other means of communication should be used to inform the community of progress toward the goals of the WMMP, as well as to engage residents, businesses and other organisations in the planning process. Examples of communication methods include articles in council newsletters, waste-related newsletters, and engagement with key stakeholder groups such as business associations and community organisations. Community-based social marketing and education programmes are also good ways of communicating and engaging with the community about the district’s progress toward its waste minimisation goals.