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Informal Workshop Paper
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To:
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Strategy
and Policy Committee Workshop
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6
August 2024
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From:
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Nicola Green, Principal Advisor,
Policy and Planning and Stephen Lamb, Natural Resources Policy Manager
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Namouta Poutasi, General Manager,
Strategy and Science
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Freshwater
Policy Programme Timeline - What is best for the Bay of Plenty?
1. Purpose
This workshop is about the way forward for the Freshwater
Policy Programme RPS and Regional Natural Resources Plan changes. Councillors
have been considering implications of pending changes to national freshwater
regulations and policy and requested this workshop is to reconsider options for
the timing of:
· draft
plan change release for required consultation, and for targeted stakeholder
feedback; and
· formal
notification of proposed changes.
2. Guidance
Sought from Councillors
Discussion and feedback is sought on the options and
assessment, in consideration of what is best for the Bay of Plenty. These
options can be presented to the next Strategy and Policy Committee meeting for
decision.
3. Introduction
The Freshwater Policy Programme was initiated in
2012. As noted in Attachment 1 (“The Journey So Far”) ,
Council has invested in substantial science and policy review and development,
as well as six months of community engagement, and multiple policy discussions
with Councillors. There have been several programme changes, timeframe
extensions and decisions since 2012.
Most recently, the Strategy and Policy Committee
decided in February 2024 to extend the date for notifying proposed changes to
September 2025 (from December 2024). At their April 2024 meeting, the
Committee approved a timeline to achieve this, including intended release of
draft changes for required consultation and stakeholder feedback during
November-December 2024.
Councillors wish to reconsider these timeframes, given
we do not yet have clarity about the scope and nature of likely changes to
Freshwater Farm Plan regulations or the National Policy Statement for
Freshwater Management. In particular, there is concern about draft rules
focussed on reducing contaminants coming from farming, and how these will be
affected by national changes.
4. Pending
national policy and regulation changes
Staff have been cognisant of pending national policy
and regulatory changes, and continue work to develop a future proofed (to the
extent possible) and appropriate plan change that addresses real issues for Bay
of Plenty Region.
Attachment 2 provides an update on what we know of
pending national changes relating to freshwater. Details of changes are not yet
available. However, the following points (noted in February 2024) are
still assumed:
· National
freshwater policy direction will still be in play, possibly in a form more like
the 2017 or 2014 version.
· While
amendments are likely to affect the hierarchy of obligations and possibly other
aspects of Te Mana o te Wai, the sustainable management purpose of the RMA
(s.5) and regional council duties to maintain or enhance water quality and
ecosystem health will remain (s.30).
· Freshwater
farm plans will still be required via a national regulation.
Staff will continue to update Councillors, and
Councillors will have the option to revisit time frame decisions again as new
information becomes available, up until they adopt the proposed plan change for
notification.
5. Key
considerations
Council has considered these
factors when making decisions to date. There are compelling reasons for a
shorter timeframe. These include:
1. There are known and significant
environmental issues and community expectation that these should be
addressed, and should already have been addressed.
These include the degraded and degrading state of Waihī and Maketū
estuaries and some of the Rotorua Lakes due, in large part to contaminants from
their rural catchments. These water bodies have high ecological,
cultural, food harvesting, contact recreation, and landscape values. The
issues are largely caused by diffuse and cumulative contaminant losses from
whole catchments. The operative Regional Natural Resources Plan provisions are
not sufficient. Irrespective of national bottom lines for rivers or
changes to the NPSFM and timelines, these issues need to be addressed.
Maintaining or enhancing water quality and ecosystem health of freshwater and
coastal waters is a fundamental duty of regional councils under the
RMA.
2. Enabling benefits of economic development by
having an up-to-date, simplified framework to manage freshwater, which we
expect will enable a clearer and more efficient process for consent
applications than some our current rules deliver.
3. Ideally this simpler framework would be in
place before 2026 to improve the process for the 600+ water take consents
that are coming up for renewal (pre-RMA consents).
4. Making the best use
of investment to date. Momentum has built up
across the Freshwater Programme. Significant financial investment (over 8+
years) has occurred, and the plan changes and analyses are well advanced.
Council has been working towards region wide plan changes for 3 years, changes
for Waihi, Maketu and Rangitaiki for an additional 5 years, and water quantity
changes for more than 10 years. This is due to changes / replacements in
National Policy Statements for Freshwater Management in 2011, 2014, 2017, and
2020.
5. Recent science has identified that there can be
more efficient water and freshwater allocation, and in the majority of cases
across our Region, there can be more water released for development.
6. New science is now available and should
inform resource management decisions. The longer we delay notification,
the more data becomes out of date and reports need to be reworked – and
the benefit of the new information is not realised. There would be a
significant cost in re-working the science supporting the plan change.
7. Tangata whenua, community members and
stakeholders have invested time in providing initial feedback, and Council
has noted draft changes would be shared. Several parties expect progress
on improving freshwater outcomes.
Coupled with these, the Central
Government reform agenda is uncertain. Developing national policy instruments
is not a simple process and there is ultimately no guarantee that a long term,
stable framework will be created, as shown by the many amendments to the NPSFM
to date.
6. Timeframe
Options
The timeframe
options assessed are outlined in the table below.
We note an
option suggested was to progress only the plan change topics that we are more
certain will not be affected by the national policy changes, and not progress
others. This not practically implementable or
appropriate. The scope and nature of amendments has not been expressed by
Government and the process of options, drafting, engagement and decision making
has not launched yet. Efforts to predict the future to this extent
are premature. We expect to know more about national policy direction in
coming months, and Councillors can consider implications at that time.
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Option
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Description
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Draft release date
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Proposed notification
date
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1
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Carve out farming land use
provisions and progress them separately
Release the draft changes as planned
(November-December) except for the draft farming land use rule set.
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(a)
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EITHER
Release a discussion document of options for farming
land use provisions alongside the draft RNRP Change, for feedback.
This can include discussion on three levels of
regulation and contaminant reduction (see the green, orange and red steps
in on the ladder in Attachment 3), as well as discussion about specific
requirements.
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Majority of plan change
Nov 2024
Farming land use
provisions - to be determined after feedback received
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Majority of plan change Sept
2025
Farming land use
provisions to be determined, but prior to December 2027
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(b)
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OR
Hold back release of draft farming land use
provisions until February 2025, after the Freshwater Farm Plan
regulations are gazetted, and place notification date decision on hold until
next year.
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Majority of plan change
Nov 2024
Farming land use
provisions – March 2025
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Majority of plan change
September 2025
Farming land use
provisions - To be determined but prior to December 2027
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2
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Defer release of whole plan change
Aim to release the whole draft plan change in
September 2025, subject to clarifying implications of changing national
freshwater policy. Place decision about notification date on hold, for
the new Council to make after local government elections in 2025.
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September 2025
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To be determined, but
prior to December 2027
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6.1 Options
assessment
A summary assessment of the
options is provided below, and more detail is provided in Attachment 4.
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Option
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1a
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1b
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2
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Status quo
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Address known water
quality issues promptly.
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? timing TBC
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? timing TBC
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X
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P
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Addresses water quantity
and other environmental issues promptly.
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P
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P
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X
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P
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Notified prior to 2026
water take consent expiry
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P
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P
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X
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P
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Maintains momentum
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P
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P
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X
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P
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Limits duplication, wasted
investment / repetition of work
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?
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?
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X
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P
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Time for tangata whenua
and other targeted engagement
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P
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P
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P
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P
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Time to develop s.32
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P
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P
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P
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P
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Decisions by this
Council (prior to elections)
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P Majority
? Farming standards
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P Majority
? Farming standards
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X
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P
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Time for assessment of
feedback on draft plan
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P
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?
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P
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P
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Plan change can be
integrated with amended FWFP regulations
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P
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P
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P
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P
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Plan change can give
effect to 2025 national freshwater direction
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?
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?
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P
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?
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Minimised risk that
hearing panel will insert plan provisions in response to submissions
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X if farming requirements are notified later than
majority of plan
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X if farming requirements are notified later than
majority of plan
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P
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Meets duty to implement
current NPSFM as soon as reasonably practicable.
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P Majority
? Farming standards
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P Majority
? Farming Standards
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?
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P
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7. Option
1(a) is recommended
We recommend Option 1(a) is progressed, retaining
the opportunity of notifying the whole plan change in September 2025 - although
this would need to be specifically considered after feedback on the Draft and
Discussion Document.
The option of notifying most of the
plan and not the farming rules is a possibility that could be considered at
that time, but carries with it risks of judicial review for failing to address
water quality, or of drafting through a hearings panel process in response to
submitters.
This option provides tangata whenua
and stakeholders with opportunity to provide comprehensive feedback on real
proposals and alternatives rather than high level statements, while there is
time to amend the plan change before notification.
The critical influences on this recommendation are the
expiry of the majority of water take consents in 2026, timing of local
government elections, and the importance of maintaining momentum and currency. This
also introduces new water quantity allocation limits, and delivers an up-to-date,
simplified plan that meets National Planning Standards, and
maintains and improves freshwater for our community.
The discussion document for farming
land use can seek feedback on how far to go with steps to reduce contaminant
losses through farming rules, as well as on the appropriate of specific
controls and requirements. If Council is not comfortable progressing the
farming provisions into the plan change for notification it would be
recommended that they are progressed to a draft that is released in parallel
with the notification of the balance of the plan change.
If Option 2 is preferred, it is
recommended that staff are able to hold engagement discussions on draft options
and draft plan change text (as early unapproved working draft) ahead of the
draft plan change release, so that provisions and s.32 can continue to be
developed.
8. Next
Steps
1. These
options will be presented to the next Strategy and Policy Committee meeting for
decision.
2. Staff
continue to keep up to date with information about central government policy
and regulatory changes, and will keep Councillors informed.
3. Staff
are continuing to prepare a draft plan change, to be ready for release at any
time decided by Councillors. Section 32 evaluations are also continuing.
4. If
Councillors agree with the recommended Option 1A work will begin immediately on
a discussion document on farming provisions.
Attachments
Attachment 1 - Plan on a Page - Freshwater Re-Set ⇩
Attachment 2 - Freshwater policy and regulatory reform ⇩
Attachment 3 - Considered Approach to Farming Provisions ⇩
Attachment 4 - Additional assessment of timeframe options ⇩
