First published in NZ Winegrower, October-November 2014 edition.
The Government has recently issued the National Policy Statement for
Freshwater Management 2014 (the NPS) which replaces the 2011 version. The 2014
includes a number of key changes which aim to improve national consistency in
National Objectives Framework
The NPS includes a National Objectives Framework. This is designed to provide
an approach to establish freshwater objectives for national values, and any
other values, which is nationally consistent and recognises regional and local
The NPS establishes two compulsory national values: ecosystem health and
human health for wading and boating. This latter value supports a new objective
in the NPS to safeguard the health of people and communities, at least as
affected by secondary contact with fresh water. Every regional council must
ensure that freshwater objectives for the compulsory values are set at or above
the national bottom lines for all freshwater management units (which can be
groups of water bodies), unless it is set below the bottom line on a
transitional basis and for a certain period of time, or specified exceptions
apply. These freshwater objectives (and associated limits) will be part of a
The NPS includes an appendix setting out a number of other national values
including for natural form and character, food gathering, irrigation and food
production, animal drinking water, wai tapu, water supply, commercial and
industrial use, hydro-electric power generation, and navigation. We understand
the intention is that the NPS will be amended in the future to identify the
attributes of these values (or at least some of them) and the different
attribute states so that there is national consistency between regions.
At this stage there are only the attributes and varying attribute states for
ecosystem health and human health for recreation. For example, for human health
for recreation the two attributes are E. coli and cyanobacteria –
planktonic. There are four different states for each of these attributes.
Attribute state ‘A’ for E. coli provides that people are exposed to a
very low risk of infection, whereas attribute state ‘D’ provides that people are
exposed to a high risk of infection from contact with water during activities
with occasional immersion and some ingestion of water (this state is below the
national bottom line).
The NPS requires regional councils to follow a set process to develop
freshwater objectives for the freshwater management units within its region.
This involves the following:
Considering all national values and how they apply to local and regional
Identifying the values for each freshwater management unit, which must
include the compulsory values, and may include any other national values or
other values that the regional council considers is appropriate;
Identifying the attributes that are applicable to each value (the NPS only
includes attributes for ecosystem health and human health for recreation at this
stage), and assigning an attribute state at or above the minimum acceptable
state for that attribute;
Formulating freshwater objectives in numeric terms where practicable (the NPS
includes numeric attribute states for some attributes), otherwise in narrative
Considering a number of specified matters throughout the process. For
example, any implications for resource users, people and communities arising
from the freshwater objectives and associated limits including implications for
actions, investments, ongoing management changes and any social, cultural or
We expect members of the public will be able to provide input into the above
process through public submissions on proposed regional plans.
The NPS establishes an approach to the monitoring of progress towards, and
the achievement of, freshwater objectives. Every regional council is required to
develop a monitoring plan that establishes methods for monitoring progress
towards, and the achievement of, freshwater objectives. This must involve
identifying a site or sites at which monitoring will be undertaken that are
representative for each freshwater management unit. The monitoring plan must
recognise the importance of long-term trends in monitoring results. It is
unclear whether this will form part of regional plans or be a separate
Accounting for freshwater takes and contaminants
There are a number of provisions relating to accounting for freshwater which
take effect within two years from the date of entry into effect of the NPS so
August 2016. These are designed to improve information on takes and sources of
contaminants in order to ensure the necessary information is available for
freshwater objective and limit setting and ensure information on resource
availability is available for current and potential resource users.
There are already requirements for individual users to measure and report on
water takes in the Resource Management (Measurement and Reporting of Water
Takes) Regulations 2010, but there is no equivalent requirement for discharges.
The NPS now requires every regional council to establish and operate freshwater
quality and quantity accounting systems for those freshwater management units
where they are setting or reviewing freshwater objectives and limits. These
systems are to be maintained at levels of detail that are commensurate with the
significance of the freshwater quality and freshwater quantity issues in each
freshwater management unit. This information is to be made available to the
public, regularly and in a suitable form.
Winegrowers should take the opportunity to submit on the freshwater
objectives and corresponding limits which will be part of a regional plan via
the usual public submission process.
This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.