Plan change review begins

The Environment Court is likely to reconvene in September to review  responses to its interim decision on regional council plans to improve water quality in the Waikato and Waipā rivers.

The Waikato Regional Council has until July 25 to the 376-page decision released on Wednesday last week.

Wellington meeting, from left Waikato Regional Council chair Pamela Storey, Winston Peters and council CEO Chris McLay.

Waikato Regional Council Chief Executive Chris McLay said this was a complex plan change in development for 12 years, and time would be needed for staff to digest the interim decision and address the 35 directions of the court.

“The policies and rules are still not operative, but this interim decision takes the plan change one step closer. For farmers and growers, it means there’s no action required right now until a final determination by the court,” McLay said.

Proposed Waikato Regional Plan Change 1 is the first step in a planned 80-year journey to achieve rivers with improved water quality, that are safe for food gathering along their entire length and meet the requirements of Te Ture Whaimana o Te Awa o Waikato – Vision and Strategy for the Waikato River.

It is a change to the Waikato Regional Plan, developed with the community, to allow for the management of nitrogen, phosphorus, sediment and bacteria in the Waikato and Waipā rivers.

A decisions version of the proposed plan change that considered 1100 individual submissions, was notified in April 2020 and subsequently appealed by a number of parties. It is these appeals the Environment Court has made their interim decision on.

Meanwhile Federated Farmers has applauded the Government’s announcement of a comprehensive review of freshwater regulations.

“We’re pleased to see all options are on the table and that consultation will be open until July 27,” said Federated Farmers freshwater spokesperson Colin Hurst.

“The previous Government’s freshwater rules were completely unworkable for farmers. In some cases, even if you converted a whole catchment to native forest, you still wouldn’t have achieved the bottom lines.

“The current Government simply had to push pause on these rules – and now we’re seeing steps towards more sensible national direction to local authorities.”

Hurst said it was particularly welcoming that the Government wants a more balanced approach to Te Mana o Te Wai.

“That concept, as pursued by the previous Government, has been unworkable and highly problematic.

“It was unclear how councils should interpret and apply what was a vague concept of protecting the mana and mauri of water under Labour’s rules, and what that might mean for our farms and rural communities.”

Under Te Mana o te Wai, the health and wellbeing of water is put ahead of all other considerations, including human health, and social, cultural and economic wellbeing.

“That seems wildly imbalanced. The Government’s announcements today recognise such a strict hierarchy is flawed.”

The consultation document says: “Multiple objectives require councils to provide for multiple outcomes and can better reflect the interests of all water users.”

“Federated Farmers absolutely agrees with this. In fact, we believe it’s worth considering whether Te Mano o te Wai is a concept that should be scrapped altogether, which is one of the options now on the table,” Hurst said.

Another big question is whether it’s worth making these freshwater changes right now under the current Resource Management Act (RMA), or if this should wait until the Government has reformed the RMA, with the freshwater changes to follow.

“Federated Farmers will be reading through the detail of today’s announcement and going back to the Government with our position, on behalf of our members, in the next few weeks.”

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