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National Policy Statement for Freshwater Management 2011 – Questions and Answers

This page provides frequently asked questions and answers relating to the National Policy Statement for Freshwater Management 2011 which will take effect on 1 July 2011.  The NPS is a part of a package of water reforms known as the Fresh Start for Fresh Water announced by the Government in May 2011.

What is a national policy statement (NPS)?

A national policy statement (NPS) is a planning document under the Resource Management Act 1991 (RMA) that gives central government direction for making resource management decisions about nationally significant issues. Councils have to ensure that their policy statements and plans ‘give effect’ to a national policy statement.

The NPS for Freshwater Management (freshwater NPS) requires councils to provide for improved freshwater management in their policies and plans. It includes direction for decision-makers on a range of issues, such as setting limits for water quality and quantity, and improving and maximising the efficient allocation and use of water. The freshwater NPS also sets out timeframes by which councils should have it in place, and intends that the NPS be reviewed within five years.

Why do we need an NPS for Freshwater Management?

New Zealand is facing a number of challenges in the management of freshwater resources. We need to: ensure there is sufficient water quality and availability in our lakes, rivers, streams, wetlands and aquifers to deliver the values that are important to the community; protect our freshwater ecosystems; prevent and clean up pollution of waterways; and ensure that society gains the greatest benefit from the allocation of available water.

The ability to deal with these issues well is vital to ensuring New Zealand’s economic growth potential and environmental integrity is provided for. Managing our freshwater resource responsibly is a nationally significant issue, but performance in this area has been inconsistent: decisions are devolved to councils under the RMA and central government has provided little direction. Through the NPS, central government is giving councils clear direction so there will be more national consistency in planning and decisions around the use of New Zealand’s freshwater resource. The NPS is the highest level tool available under the RMA to ensure this happens.

How does the freshwater NPS work?

The freshwater NPS gives national guidance to local councils about how freshwater management should be dealt with in RMA planning documents and decisions.

The freshwater NPS directs councils to provide for integrated and responsible freshwater management in their policy statements, plans and resource consent decisions. In deciding how they do this, councils will still take account of local issues and priorities. The NPS policies are not binding rules: decision-makers have to weigh them up alongside other matters when considering resource consent applications.

The freshwater NPS is not a standalone measure. It is part of a broader package of reforms under the Fresh Start for Fresh Water programme. A range of supporting measures is being developed to complement the NPS, in consultation with regional councils.

What does the freshwater NPS cover?

A primary policy objective of the freshwater NPS is to safeguard fresh water’s life-supporting capacity, ecosystem processes and indigenous species. The freshwater NPS contains policies to provide direction on water quality, water quantity, integrated management and iwi/hapū interests. The freshwater NPS’s major thrust is the setting of limits for both water quantity and quality.

When does the freshwater NPS take effect?

The freshwater NPS takes effect on 1 July 2011. RMA decision-makers will have to have regard to the freshwater NPS in consenting decisions from this date. Councils will have to implement the freshwater NPS by the end of 2014 or, where this is not possible, through a staged programme against which they must report annually on their progress. The freshwater NPS must be fully implemented by 31 December 2030.

Why do councils have such a long time to implement the freshwater NPS (2030)?

The progressive timeframe for implementing the freshwater NPS (to be fully implemented by 31 December 2030) recognises that the NPS requires significant work from councils. For instance, the setting of water quality limits is relatively new in New Zealand and is a large and complex task, and ensuring communities are involved in such a process takes time in order to get robust decisions.

The progressive timeframe enables regional councils to implement the NPS appropriate to their particular context and resources. Many councils are already (or are in the process of) addressing many of the matters set out in the freshwater NPS and it is expected that they will fully implement the NPS earlier than regions where significant work is required or where other resource management issues may be more pressing. All regional councils are required to implement the policies in the NPS as promptly as is reasonable in the circumstances. Regional councils will be required to outline a programme of work, with time-limited stages, showing how they will implement the NPS. They will also have to publically report on their progress.

How will the councils give effect to the freshwater NPS?

The RMA requires local authorities to amend regional policy statements, proposed regional policy statements, plans, proposed plans, and variations to give effect to any provision in an NPS that affects those documents.
The freshwater NPS takes effect on 1 July 2011 and be fully implemented by 31 December 2030. Where councils cannot implement the NPS by the end of 2014 they must indentify a programme of time-limited stages (to meet the 2030 date) against which they must report annually on their progress. Any such programme must be formally adopted by councils within 18 months of gazettal of the NPS, and publically notified.

How will the freshwater NPS apply to resource consent applications?

Decision-makers on resource consent applications, notices of requirements for designations, heritage orders and applications for water conservation orders will need to have regard to the provisions of the freshwater NPS. This applies to applications lodged on or after 1 July 2011.

The freshwater NPS inserts two transitional policies directly into regional plans which require councils to consider specific criteria when making decisions on a resource consent application (relating to s14 and s15 activities under the RMA). The intent is that any more than minor potential adverse effects of activities, in relation to water takes, use, damming and diverting, as well as discharges, are thoroughly considered and actively managed (to the extent that an NPS can achieve that) pending the inclusion of limits in plans. These policies apply to activities that require a resource consent until such time as changes to regional plans to give effect to the freshwater NPS are made.

How does the freshwater NPS relate to the Land and Water Forum’s recommendations?

In releasing the freshwater NPS, the Minister for the Environment was mindful of the Land and Water Forum’s recommendation to move quickly on an NPS. The Minister considered that the broader Fresh Start for Fresh Water package is the best means for dealing with the wider set of issues raised in the Forum’s recommendations and further government decisions are expected.

How does the freshwater NPS relate to other government initiatives and policies?

The freshwater NPS is one of three initiatives that form the first steps for the Fresh Start for Fresh Water programme. The overall programme intends to foster responsible economic growth, improved environmental performance, and provide clearer government direction and an effective regulatory framework. The freshwater NPS is an important first step, which will contribute to a strengthened limits-based regime for freshwater management, and clarify the regulatory framework for the reform package as a whole.

How will the freshwater NPS affect water users?

The immediate impact of the freshwater NPS on water users is likely to be limited. This is because the majority of provisions require local authorities to amend their statutory documents to give effect to the objectives and policies of the NPS using the Schedule 1 process under the RMA. However, it will have an immediate effect on new resource consent applications as decisions will have to ‘have regard’ to the NPS.

Water users can expect to be given the opportunity to participate in the planning process and communicate the environmental outcomes they want from their area’s water resources. Such information will help regional councils establish water flow levels, allocation limits, and water quality limits suitable for their community.

How will we know if the freshwater NPS is working?

The timeframes for policy statements and plans giving effect to the freshwater NPS will be monitored by the Ministry for the Environment. The Ministry will also assess the effect of the NPS on relevant regional policy statements and regional or district plans, resource consents and other decision-making. The freshwater NPS will be reviewed within five years of taking effect to assess the effectiveness of its policies and to ensure it is still aligned with the broader policy reforms to come.

Why is the freshwater NPS so different from the Board of Inquiry’s recommendations?

The Board of Inquiry’s recommendations to the Minister for the Environment consisted of a comprehensive report with a recommended NPS for Freshwater Management that was markedly different from the earlier notified version in terms of the focus, structure and scope. The Minister sought to retain the intent of the Board’s recommended objectives and policies where possible. Changes were made for a number of reasons, including to align more closely with the Government’s overall policy approach (such as a better recognition of people and communities’ ability to provide for their economic well-being within an environmental context), developments in policy and/or practice, or potential issues with interpretation or application of the polices. The Board of Inquiry’s recommendations are available here.

How does the freshwater NPS relate to the proposed NPS on Indigenous Biodiversity?

The proposed NPS on Indigenous Biodiversity is being developed to provide greater direction on the management of indigenous biodiversity under the RMA. It covers the protection of the habitat of threatened and at risk species in rivers and lakes, while the freshwater NPS complements this by setting flows and quality limits. The maintenance of indigenous biodiversity is a value that is taken into consideration in the limit-setting process for fresh water.

Both NPSs cover wetlands. The proposed NPS on Indigenous Biodiversity requires indigenous vegetation or habitats associated with wetlands to be regarded as significant for indigenous biodiversity. The freshwater NPS protects significant values of wetlands from drainage and/or contamination through the limit setting and managing-limits process.

How does the freshwater NPS relate to the NPS for Renewable Electricity Generation 2011?

The NPS for Renewable Electricity Generation provides for the development, operation, maintenance and upgrading of new and existing hydro-electricity structures to the extent applicable to the region or district. It does not address freshwater allocation. The freshwater NPS identifies electricity generation as one of the national values of fresh water. However, it does not prioritise any particular national or local water uses or values over others.

How does the freshwater NPS relate to the New Zealand Coastal Policy Statement 2010?

The New Zealand Coastal Policy Statement 2010 (NZCPS) contains policies in relation to water quality in the coastal environment (which includes a portion of the freshwater environment). The NPS and the NZCPS overlap in the freshwater portion of the coastal environment. Clearly management of coastal water and fresh water requires integrated management. The approach in the freshwater NPS is not inconsistent with the NZCPS but co-ordinated implementation of both documents will be required.

How does the freshwater NPS relate to the Waikato-Tainui Raupatu claims (Waikato River) Settlement Act 2010?

Under the Waikato-Tainui Raupatu claims (Waikato River) Settlement Act 2010, the Waikato River Authority’s Vision and Strategy will prevail over any inconsistent provisions in the freshwater NPS. The provisions of the freshwater NPS are not inconsistent with the Vision and Strategy. However, the Vision and Strategy is more specific in terms of objectives and is likely to have a greater impact on Waikato’s planning than the freshwater NPS.

What supporting measures are planned for the freshwater NPS?

The freshwater NPS needs to be backed up by a range of supporting measures that will help councils and water users adjust to a new way of managing water. Central government will work with regional councils, iwi, and others, to develop general guidance on decision-making and processes to help implement the provisions of the NPS. Other activities to support the freshwater NPS will include:

  • detailed work on the nature of limits, technical methods for describing limits and ways to implement limits to reduce the potential cost of the NPS
  • work to develop scientific tools, such as databases and catchment models, to support regional decision-making
  • additional RMA regulatory measures as required, such as National Environmental Standards.

Last updated: 7 June 2011