Corrigendum—National Policy Statement for Freshwater Management Amendment Order 2017
The Rt Hon Dame PATSY REDDY, gnzm, qso,
Governor-General
At Wellington this 7th day of August 2017.
Present:
Her Excellency the Governor-General
Presiding in Council
This Amendment Order is made under section 52(2) of the Resource Management Act 1991 on the advice and with the consent of the Executive Council and on the recommendation of the Minister for the Environment.
This Order is the National Policy Statement for Freshwater Management Amendment Order 2017.
This Order comes into force on the 28th day after the date of its notification in the New Zealand Gazette.
This Order amends the National Policy Statement for Freshwater Management 2014, as published in the New Zealand Gazette, 4 July 2014, No. 71, page 1991.
Replace the text of the preamble with:
“Fresh water is essential to New Zealand’s economic, environmental, cultural and social well-being. Fresh water gives our primary production, tourism, and energy generation sectors their competitive advantage in the global economy. Fresh water is highly valued for its recreational aspects and it underpins important parts of New Zealand’s biodiversity and natural heritage. Fresh water has deep cultural meaning to all New Zealanders. Many of New Zealand’s lakes, rivers and wetlands are iconic and well known globally for their natural beauty and intrinsic values.
The Treaty of Waitangi/Te Tiriti o Waitangi is the underlying foundation of the Crown–iwi/hapū relationship with regard to freshwater resources. Addressing tangata whenua values and interests across all of the well-beings, and including the involvement of iwi and hapū in the overall management of fresh water, are key to giving effect to the Treaty of Waitangi.
All New Zealanders have a common interest in ensuring the country’s freshwater lakes, rivers, aquifers and wetlands are managed wisely.
New Zealand faces challenges in managing our fresh water to provide for all of the values that are important to New Zealanders. The quality, health, availability and economic value of our fresh waters are under threat. These challenges are likely to increase over time due to the impacts of climate change.
To respond effectively to these challenges and issues, we need to have a good understanding of our freshwater resources, the threats to them and provide a management framework that enables water to contribute both to New Zealand’s economic growth and environmental integrity and provides for the values that are important to New Zealanders.
Given the vital importance of freshwater resources to New Zealand and New Zealanders, and in order to achieve the purpose of the Resource Management Act 1991 (the Act), there is a particular need for clear central government policy to set a national direction, though the management of the resource needs to reflect the catchment-level variation and different demands on the resource across regions. This includes managing land use and development activities that affect fresh water so that growth is achieved with a lower environmental footprint.
This national policy statement recognises Te Mana o te Wai and sets out objectives and policies that direct local government to manage water in an integrated and sustainable way, while providing for economic growth within set water quantity and quality limits. The national policy statement is a first step to improve freshwater management at a national level.
As demand for fresh water increases, it is vital to account for all freshwater takes and sources of relevant contaminants. The freshwater accounting requirements of this national policy statement will provide information for councils to use in establishing freshwater objectives and limits and in targeting their management of fresh water.
This national policy statement provides a National Objectives Framework to assist regional councils and communities to more consistently and transparently plan for freshwater objectives. Te Mana o te Wai is an integral part of the framework that forms the platform for community discussions about the desired state of fresh water relative to the current state. New Zealanders generally aspire to high standards for our waterways and outcomes that are better than those achieved under the status quo. Freshwater planning will require an iterative approach that tests a range of possible objectives, limits and methods for their achievement, including different timeframes for achieving objectives. This ensures that the implications of proposed freshwater objectives are clear for councils and communities.
The national policy statement recognises iwi/hapū and community interests in fresh water, including their environmental, social, economic, and cultural values. There are two compulsory values that must be managed for – ecosystem health and human health.
National bottom lines in the national policy statement are not standards to aim for. Where freshwater management units are below national bottom lines they must be improved to at least the national bottom line, or better, over time. It is up to communities and iwi/hapū, through councils, to determine the pathway and timeframe for ensuring freshwater management units meet the national bottom lines. Where changes in the way communities use fresh water are required, the pace of those changes should take into account impacts on economic well-being. Improvements in freshwater quality may take generations depending on the characteristics of each freshwater management unit.
Iwi and hapū have a kinship relationship with the natural environment, including fresh water, through shared whakapapa. Iwi and hapū recognise the importance of fresh water in supporting a healthy ecosystem, including human health, and have a reciprocal obligation as kaitiaki to protect freshwater quality.
New Zealand’s rivers and lakes should be safe for primary contact as often as possible. The Government has set a national target of 90% of specified rivers and lakes to be safe for primary contact by 2040. The expectation is that more of these rivers and lakes will be safe for primary contact more of the time. The risks to human health from contact with fresh water must be reduced. There is an interim target of 80% of these rivers and lakes to be safe for primary contact by 2030. By the end of 2018, councils need to set regional targets to improve water quality for primary contact, so that it is clear how each region will contribute to achieving the national target.
The national policy statement requires freshwater quality within a freshwater management unit to be maintained at its current level (where community values are currently supported) or improved (where community values are not currently supported). For the human health value, water quality in freshwater management units must be improved unless regional targets have been achieved or naturally occurring processes mean further improvement is not possible. This national policy statement allows some variability in terms of freshwater quality, as long as the overall freshwater quality is maintained within a freshwater management unit.
Monitoring plans are intended to be practical and affordable. It is not possible for regional councils to monitor every drop of fresh water, nor every possible indicator of freshwater health. Monitoring freshwater objectives need only be undertaken at representative sites within a freshwater management unit as identified by regional councils, and must use the Macroinvertebrate Community Index, as well as measures of indigenous flora and fauna and Mātauranga Māori. Monitoring plans are also intended to recognise the importance of long term trends in data.
Setting enforceable quality and quantity limits is a key purpose of this national policy statement. This is a fundamental step to achieving environmental outcomes and creating the necessary incentives to use fresh water efficiently, while providing certainty for investment. Water quality and quantity limits must reflect local and national values. The process for setting limits should be informed by the best available information and scientific and socio-economic knowledge.
Once limits are set, freshwater resources need to be allocated to users, while providing the ability to transfer entitlements between users so that we maximise the value we get from water. Where water resources are over-allocated (in terms of quality and quantity) to the point that national and local values are not met, over-allocation must be reduced over agreed timeframes.
The New Zealand Coastal Policy Statement 2010 addresses issues with water quality in the coastal environment. The management of coastal water and fresh water requires an integrated and consistent approach.
This preamble may assist the interpretation of the national policy statement.”
Under the heading “Review”:
Before the heading “Title”, revoke the section “National significance of fresh water and Te Mana o te Wai”.
After the “Commencement” section, insert:
The matter of national significance to which this national policy statement applies is the management of fresh water through a framework that considers and recognises Te Mana o te Wai as an integral part of freshwater management.
The health and well-being of our freshwater bodies is vital for the health and well-being of our land, our resources (including fisheries, flora and fauna) and our communities.
Te Mana o te Wai is the integrated and holistic well-being of a freshwater body.
Upholding Te Mana o te Wai acknowledges and protects the mauri of the water. This requires that in using water you must also provide for Te Hauora o te Taiao (the health of the environment), Te Hauora o te Wai (the health of the waterbody) and Te Hauora o te Tangata (the health of the people).
Te Mana o te Wai incorporates the values of tangata whenua and the wider community in relation to each water body.
The engagement promoted by Te Mana o te Wai will help the community, including tangata whenua, and regional councils develop tailored responses to freshwater management that work within their region.
By recognising Te Mana o te Wai as an integral part of the freshwater management framework it is intended that the health and well-being of freshwater bodies is at the forefront of all discussions and decisions about fresh water, including the identification of freshwater values and objectives, setting limits and the development of policies and rules. This is intended to ensure that water is available for the use and enjoyment of all New Zealanders, including tangata whenua, now and for future generations.”
In the “Interpretation” section:
““National Target” means the national target for water quality improvement in Appendix 6.
“Pest” means a pest as defined in the Biosecurity Act 1993.
“Primary contact” means people’s contact with fresh water that involves immersion in water, including swimming.
“Primary contact site” means:
“Regional Target” means a regional target established under Policy A6.
“Specified rivers and lakes” means:
“Suitable for primary contact more often” means reducing the frequency and magnitude of E. coli exceedances for rivers and lakes, and cyanobacteria – planktonic biovolume for lakes, according to the attribute tables in Appendix 2.
“Unwanted organism” means an unwanted organism as defined in the Biosecurity Act 1993.”
““Minimum acceptable state” means, where specified in Appendix 2, the minimum level at which a freshwater objective may be set in a regional plan in order to provide for the associated national value.”
After the Interpretation section, insert:
To consider and recognise Te Mana o te Wai in the management of fresh water.
By every regional council making or changing regional policy statements and plans to consider and recognise Te Mana o te Wai, noting that:
The quality of fresh water within a freshwater management unit is improved so it is suitable for primary contact more often, unless:
To enable communities to provide for their economic well-being, including productive economic opportunities, in sustainably managing freshwater quality, within limits.”
By every regional council making or changing regional plans to the extent needed to ensure the plans:
Improvements to specified rivers and lakes in (b) must make a contribution to achieving regional targets established under Policy A6(b).
By every regional council developing regional targets to improve the quality of fresh water in specified rivers and lakes and contribute to achieving the national target in Appendix 6, and ensuring:
By every regional council considering, when giving effect to this national policy statement, how to enable communities to provide for their economic well-being, including productive economic opportunities, while managing within limits.”
To enable communities to provide for their economic well-being, including productive economic opportunities, in sustainably managing freshwater quantity, within limits.”
By every regional council considering, when giving effect to this national policy statement, how to enable communities to provide for their economic well-being, including productive economic opportunities, while managing within limits.”
Replace Policy C1 with:
By every regional council:
“iia. in those cases where a freshwater objective seeks to maintain overall water quality in accordance with Objective A2, by every regional council ensuring:
“iaa. how to improve the quality of fresh water so it is suitable for primary contact more often, unless regional targets established under Policy A6(b) have been achieved or naturally occurring processes mean further improvement is not possible;
iab. how to enable communities to provide for their economic well-being, including productive economic opportunities, while managing within limits;”
“b. any of the existing significant infrastructure (that was operational on 1 August 2014) listed in Appendix 3 contributes to the existing freshwater quality; and
“aa. establishes methods for monitoring the extent to which the values identified under Policy CA2(b) are being provided for in a freshwater management unit. These methods must at least include:
By every regional council establishing methods, for example action plans, for responding to monitoring that indicates freshwater objectives will not be met and/or values will not be provided for in a freshwater management unit.
By every regional council:
By every regional council taking reasonable steps to ensure information gathered in accordance with Policy CB1 is available to the public regularly and in a suitable form.”
“f) Any programme adopted under Policy E1(c) of the National Policy Statement for Freshwater Management 2011 or under Policy E1(c) of the National Policy Statement for Freshwater Management 2014 by a regional council is to be reviewed, revised if necessary, formally adopted by the regional council by 31 December 2018, and publicly notified.”
“g) Every regional council must, at intervals of not more than five years, compile and make available to the public a review of the improvements to specified rivers and lakes, and primary contact sites, made in giving effect to Policy A5.”
“Human Health for Recreation – In a healthy waterbody, people are able to connect with the water through a range of activities such as swimming, waka, boating, fishing, mahinga kai and water-skiing, in a range of different flows.
Matters to take into account for a healthy waterbody for human use include pathogens, clarity, deposited sediment, plant growth (from macrophytes to periphyton to phytoplankton), cyanobacteria, and other toxicants.”
“Natural Form and Character – Where people value particular natural qualities of the freshwater management unit.
Matters contributing to the natural form and character of a freshwater management unit are its biological, visual and physical characteristics that are valued by the community, including:
They may be freshwater management units with exceptional, natural, and iconic aesthetic features.”
Value |
Human health for recreation |
||||
Freshwater Body Type |
Lakes and rivers |
||||
Attribute |
Escherichia coli (E. coli) |
||||
Attribute Unit |
E. coli/100 mL (number of E. coli per hundred millilitres) |
||||
Attribute State1 2 |
Numeric Attribute State |
Narrative Attribute State |
|||
% exceedances over 540 cfu/100ml |
% exceedances over 260 cfu/100ml |
Median concentration (cfu/100ml) |
95th percentile of E. coli/100 mL |
Description of risk of Campylobacter infection (based on E. coli indicator) |
|
A (Blue) |
<5% |
<20% |
≤130 |
≤540 |
For at least half the time, the estimated risk is < 1 in 1000 (0.1% risk) The predicted average infection risk is 1%* |
B (Green) |
5–10% |
20–30% |
≤130 |
≤1000 |
For at least half the time, the estimated risk is < 1 in 1000 (0.1% risk) The predicted average infection risk is 2%* |
C (Yellow) |
10–20% |
20–34% |
≤130 |
≤1200 |
For at least half the time, the estimated risk is < 1 in 1000 (0.1% risk) The predicted average infection risk is 3%* |
D (Orange) |
20–30% |
>34% |
>130 |
>1200 |
20-30% of the time the estimated risk is ≥50 in 1000 (>5% risk) The predicted average infection risk is >3%* |
E (Red) |
>30% |
>50% |
>260 |
>1200 |
For more than 30% of the time the estimated risk is ≥50 in 1000 (>5% risk) The predicted average infection risk is >7%* |
* The predicted average infection risk is the overall average infection to swimmers based on a random exposure on a random day, ignoring any possibility of not swimming during high flows or when a surveillance advisory is in place (assuming that the E. coli concentration follows a lognormal distribution). Actual risk will generally be less if a person does not swim during high flows. 1. Attribute state should be determined by using a minimum of 60 samples over a maximum of 5 years, collected on a regular basis regardless of weather and flow conditions. However, where a sample has been missed due to adverse weather or error, attribute state may be determined using samples over a longer timeframe. 2. Attribute state must be determined by satisfying all numeric attribute states. |
Value |
Human health for recreation |
|
Freshwater Body Type |
Lakes and lake fed rivers |
|
Attribute |
Cyanobacteria - Planktonic |
|
Attribute Unit |
Biovolume - mm3/L (cubic millimetres per litre) |
|
Attribute State |
Numeric Attribute State |
Narrative Attribute State |
80th percentile* |
||
A (Blue) |
≤0.5 mm3/L biovolume equivalent for the combined total of all cyanobacteria |
Risk exposure from cyanobacteria is no different to that in natural conditions (from any contact with fresh water). |
B (Green) |
>0.5 and ≤1.0 mm3/L biovolume equivalent for the combined total of all cyanobacteria |
Low risk of health effects from exposure to cyanobacteria (from any contact with fresh water). |
C (Yellow) |
>1.0 and ≤1.8 mm3/L biovolume equivalent of potentially toxic cyanobacteria OR >1.0 and ≤10 mm3/L total biovolume of all cyanobacteria |
Moderate risk of health effects from exposure to cyanobacteria (from any contact with fresh water). |
National Bottom Line |
1.8 mm3/L biovolume equivalent of potentially toxic cyanobacteria OR 10 mm3/L total biovolume of all cyanobacteria |
|
D (Orange/Red) |
>1.8 mm3/L biovolume equivalent of potentially toxic cyanobacteria OR >10 mm3/L total biovolume of all cyanobacteria |
High health risks (eg, respiratory, irritation and allergy symptoms) exist from exposure to cyanobacteria (from any contact with fresh water). |
* The 80th percentile must be calculated using a minimum of 12 samples collected over 3 years. 30 samples collected over 3 years is recommended. |
In the title for Appendix 3, after the reference to “Policy CA3(b)”, insert “and Policy CB3(c).”
After Appendix 4, insert:
Monitoring requirements for E. coli
Where a regional plan has identified primary contact sites, the regional council will:
The national target is to increase proportions of specified rivers and lakes that are suitable for primary contact (those that are in the blue, green and yellow categories) to at least 80% by 2030, and 90% no later than 2040, but also to improve water quality across all categories.
The categories above represent combined improvements in all regions. For each region, this means reducing the length of specified rivers and lakes in the red and orange categories, and increasing the length of specified rivers and lakes in the yellow, green and blue categories.
The categories are based on water quality in terms of the two human health attributes, E. coli and cyanobacteria – planktonic in Appendix 2 of this national policy statement.
For rivers and lakes, the target categories are same as the E. coli table attribute states. However, the categories do not include the 95th percentile of E. coli/100 mL numeric attribute state if there is insufficient monitoring data to establish the 95th percentile.
For lakes, the categories are also based on the cyanobacteria – planktonic attribute states, however, to provide additional granularity for tracking improvements over time, the D band has been split into two categories (orange and red) as follows:
For lakes, the lowest category for either E. coli or cyanobacteria – planktonic applies.”
MICHAEL WEBSTER, Clerk of the Executive Council.
Note: This notice replaces the notice published in the New Zealand Gazette, 9 August 2017, Issue No. 79, Notice No. 2017-go3885, due to an error.