Skip to main content.

1 Introduction

1.1 Background

In 2005, the government held meetings and hui throughout New Zealand to discuss freshwater management issues and how well the present management framework was dealing with them. Through this process, it became clear that people want to see greater consistency and clarity in the way increasing demands on water resources are managed across the country in order to provide for people’s aspirations for freshwater.

In April 2006, the Minister for the Environment and the Minister of Agriculture and Forestry jointly released the implementation package of the Sustainable Water Programme of Action: to improve the management of freshwater, to protect our freshwater resources into the future, and to acknowledge the fundamental importance of water to all New Zealanders.

By developing a strategic and nationally consistent approach to managing our freshwater resources, the government is seeking to achieve three key national outcomes:

  • improve the quality and efficient use of freshwater by building and enhancing partnerships with local government, industry, Māori, science agencies and providers, and rural and urban communities

  • improve the management of the undesirable effects of land use on water quality through increased national direction and partnerships with communities and resource users

  • provide for growing demands on water resources and encourage efficient water management through increased national direction, working with local government to identify options for supporting and enhancing local decision-making, and developing best practice.

Recognising the importance of establishing environmental flows3 and water levels is a critical part of effective water management. Therefore, the government is proposing to develop a National Environmental Standard (NES) under the Resource Management Act 1991 (RMA). The proposed standard would set interim limits on alterations to flows and water levels in catchments where there are currently no such limits set, and would direct the selection of technical methods for evaluating the ecological component of an environmental flow or water level.

This proposal is intended to complement the existing regional planning process and to facilitate effective management of New Zealand’s water resources in a cost-effective and expedient manner. This proposal forms part of the implementation package for the Sustainable Water Programme of Action. Other national environmental standards are also being developed alongside a potential National Policy Statement (NPS) to address water quality and managing increasing demands for water.

1.2 Purpose of this document

This discussion document:

  • explains the relationship between ecological flows and the wider concept of environmental flows and water levels, and outlines how both are implemented under the Resource Management Act (Section 2)

  • sets out resource management issues associated with ecological flows and water levels (Section 3)

  • provides information on the alternatives considered and the rationale for choosing the preferred option (Section 4)

  • provides the details of the proposal (Section 5)

  • provides a preliminary assessment of the costs and benefits of the proposal (Section 6)

  • seeks submissions on the proposal, its rationale and its associated costs and benefits.

Consultation as part of the Sustainable Water Programme of Action identified three key problems associated with ecological flows and water levels:

  1. There remain some water bodies, principally small streams and groundwater systems, for which no specific environmental flows and water levels have been determined. The lack of an established environmental flow increases the potential for ecological (and other) values to be adversely impacted by water abstraction. Many of these water bodies are likely to come under increasing development pressure as major surface and groundwater resources reach full allocation.
  2. In some cases, environmental flows and water levels do not clearly define available water. This situation results in uncertainty for existing and potential users, and for wider public interests on whether the consent process will avoid adverse impacts on the ecological (and other) values of freshwater systems and on continued security of supply for water users.
  3. The existing process for evaluating the impacts of alternative flows and water levels on ecological values is costly and contentious. Debate regarding the selection and application of technical methods has overshadowed the more important resource management decision regarding the appropriate level of protection given to the values attributed to a water body.

The preferred option to address these problems is to develop a national environmental standard that:

  • sets interim limits on the alterations to flows and/or water levels in those rivers, wetlands and groundwater systems for which there are no limits set in a proposed or operative regional plan (or other statutory instrument)4

  • provides a process for selecting the appropriate technical methods for evaluating the ecological component of environmental flows and water levels.

The objectives of the proposed national environmental standard do not attempt to address all issues associated with environmental flows and water levels. It addresses those issues that are most appropriately addressed through regulation, leaving practice and wider policy issues to be addressed through other complementary parts of the Sustainable Water Programme of Action. Thus while the proposed national environmental standard should assist the decision-making process, the determination of appropriate environmental flows and water levels remains a regional council decision, with any national policy direction given through a national policy statement.

Consultation on the Sustainable Water Programme of Action has highlighted issues around environmental flow and water level decisions; in particular, how various social, economic and cultural factors are provided for in decisions. The proposals set out in this discussion document do not provide guidance to decision-makers on the weighting to give ecological values, or how to incorporate social and economic values into environmental flow decisions. Neither does the proposal set standards for ecological protection, nor does it provide methods for assessing other values (eg, recreational).

If government recommends a national environmental standard following consultation on this document, a regulatory impact assessment will be required. This discussion document contains, and invites comment on, the substantive elements of a Regulatory Impact Assessment.

1.3 What is an NES?

National environmental standards are regulations issued under the Resource Management Act by central government that prescribe technical standards, methods or requirements for environmental matters. Each local or regional council must enforce the same standard, although it can impose stricter standards if the NES explicitly allows for this.

National environmental standards may cover, but are not limited to:

  • contaminants

  • water quality, level or flow

  • air and soil quality

  • noise

  • standards, methods or requirements for monitoring.

National environmental standards may specify qualitative or quantitative standards, standards for discharges, classification methods, methods and processes to implement standards, as well as exemption and transitional provisions. NESs can apply nation-wide or only to specific areas. Figure 1 illustrates the role of NESs in the overall resource management policy framework.

Figure 1: Policy framework for natural resource management in New Zealand

See figure at its full size (including text description).

1.4 Process for developing an NES

An outline of the process for developing a national environmental standard, including the informal and formal submission process, is shown in Figure 2. The notification of this discussion document forms part of the formal submission process.

The process of developing a national environmental standard differs from the statutory plan and resource consent process in that there are no hearings, appeal provisions or First Schedule consultation. However, the RMA requires that the Minister provide an opportunity for the public and iwi authorities to comment on the proposed NES. That opportunity is provided through submissions on this discussion document.

The submission period is your opportunity to make a formal submission on the proposed national environmental standard. A sixteen-week submission period is provided to enable people to have formal submissions first approved by councils, committees or boards. Details on how to make a submission are given in Section 8.

To help you formulate a submission, throughout the document, questions are posed on aspects of the proposed national environmental standard for your consideration. These are highlighted by individual boxes and also combined in Section 8.2. However, you are welcome to provide feedback on any aspect of the proposed NES.

At the end of the submissions process, a report on the submissions, a formal evaluation (conducted according to section 32 of the RMA) and recommendations for the national environmental standard will be prepared by the Ministry for the Environment for consideration by the Minister for the Environment. The Minister will then make final recommendations to the Governor-General before the Standard comes into force.

Figure 2: Development process for a national environmental standard

See figure at its full size (including text description).

3 The term ‘environmental flow’ is used (as an alternative to ‘minimum flow’) because of the recognised ecological and cultural importance of flow variability.

4 Such as a Water Conservation Order or a National Environmental Standard.

|