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Proposed National Environmental Standard for Water Measuring Devices

Acknowledgements

Executive Summary

1 Introduction

2 Why Measure Water Takes?

3 Why Do We Need a National Environmental Standard for Water Measuring Devices?

4 Content of the Proposed National Environmental Standard

5 A Discussion of Costs and Benefits

6 Future Actions to Complement the National Environmental Standard

7 What Next?

Appendix 1: Definitions

Appendix 2: Current Measuring Practice at Regional and Unitary Councils

Appendix 3: Actions Being Developed Under the Sustainable Water Programme of Action

1 Introduction

This section briefly reviews:

• the background to the preparation of this discussion document
• the purpose of this document
• the objectives for a National Environmental Standard on water measuring devices
• the current water management framework.

1.1 Background

In early 2005, the government held meetings and hui throughout New Zealand to discuss freshwater management issues and how well the present management framework deals with them. Through this process, it became clear that people want to see greater consistency in the way increasing demands on water resources are managed across the country. Water managers identified a lack of consistent knowledge of actual water takes as an impediment to sustainable water management.

In April 2006, the Minister for the Environment and the Minister of Agriculture and Forestry jointly released a Sustainable Water Programme of Action implementation package to improve the management of freshwater, protect our freshwater resources into the future, and 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
• improve the management of the undesirable effects of land-use on water quality
• provide for increasing demands on water resources and encourage efficient water management.

Many elements of the implementation package - for example, voluntary transfer of take consents, wider establishment of water user groups, the management of environmental flows and over-allocated catchments - require users and regional councils to know how much water is actually taken. Therefore, as part of its implementation package, the government is proposing a National Environmental Standard on water measuring devices under the Resource Management Act 1991 (RMA). Other national environmental standards and national policy statements are also being developed, alongside industry targets, to minimise the effects of land-use activities on water quality. Tools and guidance for local government are under development too (see Appendix 3 for a diagrammatic representation of all the actions being developed under the water programme).

A Water Measurement Reference Group was established to scope and draft the proposed National Environmental Standard, and to prepare this discussion document. The group includes sector groups representing users, regulatory authorities and industry specialists.

1.2 The development of a national environmental standard

An outline of the process for developing a National Environmental Standard, including the informal and formal submission process, is shown in Figure 1 on the following page. The notification of this discussion document forms part of the formal submission process.

The submission period is your opportunity to make a formal submission on the proposed National Environmental Standard. At least an eight-week submission period is provided to enable people to have formal submissions approved by committees or boards. Details on how to make a submission are included in Section 7.

The national environmental standard development process differs from the statutory plan and resource consent process in that there are no hearings, appeal provisions or First Schedule consultation. However, this discussion document provides an opportunity for the public and iwi authorities to comment on the proposed National Environmental Standard.

At the end of the submissions process, a report on the submissions, a formal evaluation (under 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 would then make final recommendations to the Governor General before the Standard came into force.

1.3 Purpose of this document

This discussion document has been prepared to:

• help you understand the proposal and its potential costs and benefits
• help you prepare questions and feedback
• guide you in making a submission.

To help you formulate a submission, questions are posed on aspects of the proposed National Environmental Standard for your consideration. These are boxed and highlighted throughout the document. However, you are welcome to provide feedback on any aspect of the proposed National Environmental Standard. Please see Section 7 for more information to guide you in the submission process.

1.4 Objectives of the proposed National Environmental Standard

The intention of the proposed National Environmental Standard is to ensure the accurate and comprehensive measurement of water takes to facilitate the sustainable management of New Zealand's water resource. It will do this by:

• setting minimum requirements for all new water measuring devices that are installed
• defining situations where water measuring devices are compulsory.

The proposal will also:

• ensure consistency at national, regional and catchment levels for the measuring and reporting of actual water taken
• enable water users and regulators to easily determine compliance with water take consents
• provide accurate information about actual water taken in any catchment.

The National Environmental Standard would not address water take at a household level but rather at the first point of abstraction from the resource - be it river, lake, dam or aquifer.

It would not prescribe the type of measuring equipment to be used or specifics of the installation, but rather set down the required outcomes so regulatory authorities could determine specific details relevant to particular catchments. The Standard would be supported by best practice guidelines.

A National Environmental Standard would contribute to Statistics New Zealand's work on valuing natural capital, as well as New Zealand's international obligations to report on the state of its natural resources. The 'national picture' it would help create is of interest to several government agencies, industry groups and research institutions.

Source: Aqualinc (2006), Water Measuring Devices - Stocktake of existing situation.

1.5 The current water management framework

The Resource Management Act 1991 (RMA), the principal piece of legislation governing water, sets out New Zealand's water management framework. It provides for a range of possible policy instruments, as demonstrated in Figure 2 on the following page. However, no specific regulations or national instruments (national policy statements or national environmental standards) currently set any requirements for measuring water takes. Nor are there regulations setting standards for water measuring devices, which are exempt from the Weights and Measures Act 1987.

Despite the absence of specific regulations requiring the measurement of water takes, rules in regional plans and resource consents granted under the RMA can require such measurement. All 16 regional councils and unitary authorities have operative or proposed regional plans addressing the taking of water. These plans articulate objectives, policies and rules for considering and issuing resource consents to take, dam, divert or use water. Water measuring is currently managed through policies and rules in these regional plans and/or through the conditions placed on resource consents.

The Reference Group's scoping work has involved researching current water measurement practice. This revealed that regional plan requirements for water measuring devices vary across the country, and also showed an absence of standard approaches to measuring systems and data collection. This variability presents an issue for manufacturers of measuring systems and for policy and decision-makers, both regionally and nationally.

There is general recognition that a more consistent approach to water take measurement would assist in water management. A National Environmental Standard that sets the standards, requirement and methods for water measuring devices for consented [That is all consents that require resource consents under operative or proposed regional plans. Those takes allowed as permitted activities by rules in existing plans would not be subject to the Standard.] water takes is proposed.