Update on the Three Waters Reform Programme

Early last year many of us made submissions on the Water Services Regulator Bill. Following the public consultation process the Government passed the Taumata Arowai – Water Services Regulator Act in July 2020. The reform programme is now being progressed through a voluntary, partnership-based approach with the local government sector, alongside iwi/Māori as the Crown’s Treaty Partner.

The Act established Taumata Arowai as a Crown Agent, providing for its objectives, functions, operating principles, and governance arrangements, including the appointment of an independent Board and a Māori Advisory Group. This was immediately followed by the Government launching the Three Waters Reform Programme - a three-year programme to reform local government three waters service delivery arrangements.

Under the government's planned reforms, water services would no longer be controlled by the country's councils and would instead be operated by a small number of publicly owned multi-regional entities. The exact ownership structures are still being worked out, but the local authorities may still have the option of retaining ownership of the assets, or holding shares in the new organisations. Councils also have the option of opting out of the reforms.

Government officials are also looking at options for Crown and iwi/Māori ownership of the new water services providers.

According to a Cabinet minute released by Local Government Minister Nanaia Mahuta in December, a shortlist of options has been identified and further consultation with councils and iwi is planned in March.

For more information see: Central/Local Government Three Waters Reform Programme

Two iwi go to court to seek shared control and management of freshwater with the Crown.

Ngāti Kahungunu has joined Ngāi Tahu in court action that seeks shared control and management of freshwater with the Crown. The two iwi are working together to have Ngāti Kahungunu's rangatiratanga over freshwater recognised, including at the Mohaka River in Hawke's Bay. See: Ngāti Kahungunu joins Ngāi Tahu's claim for shared control of freshwater with the Crown

Go back to the February 2021 newsletter

New Land and Water Regional Plan for Otago Regional Council

Apr 06, 2022

Image source: https://www.orc.govt.nz/media/11399/hierarchy-of-plans.jpg The Otago Regional Council (ORC) is in the process of developing a new Land and Water Regional Plan (LWRP) - in partnership with Kāi Tahu iwi. Together, they are talking with catchment groups, industry groups and subject experts to help develop the region’s new Plan for freshwater. This plan will include rules and limits on water and land use. Continue reading

THE ROLE OF TE MANA O TE WAI IN WATER SERVICES ENTITIES

Dec 07, 2021

All Water Services Entities will be required to give effect to Te Mana o Te Wai. Three of its six principles will encompass all aspects of the water delivery system - specifically Mana whakahaere, Kaitiakitanga, and Manaakitanga. These principles are to be defined by tangata whenua. Continue reading

Three Waters reform to give iwi/Māori dominating influence

Sep 03, 2021

As the Government releases more information about its Three Waters reforms, it is becoming obvious that the proposed system is to be dominated by the rights and interests of iwi/Māori. The Department of Internal Affairs (DIA) Three Waters paper ‘Opportunities for Iwi/Māori in the Three Waters Reform’ sets out how this will be achieved. Continue reading

Three Waters Reform – further constitutional change by stealth

Jul 08, 2021

In another step in what the Government terms ‘partnership-based reform’ Local Government Minister Nanaia Mahuta last week released further information on plans to move the ownership and management of water infrastructure from local councils into the hands of four multi-regional water service entities across New Zealand. This information includes the proposed boundaries of the four water providers, and further details on the proposed water services entities - including governance arrangements, how they would be regulated, and the role of iwi. Nanaia Mahuta stated: “The Government will continue to work with the sector, iwi and industry on some of the details to give these transformational reforms the best chance of success. We will be making further announcements in the coming weeks, including a three waters reform support package for councils and their communities’’. Continue reading

Partnership trumps good governance - the Taupō water monitoring deal

Jun 15, 2020

The Waikato Regional Council is planning to outsource the monitoring of the waters in and around Lake Taupo and its tributaries to the Tūwharetoa Maori Trust Board. This is despite the Council having identified the risk that it may be expected to undertake similar agreements with other iwi authorities or local authorities that may result in not being able to deliver on expectations due to competing priorities. Continue reading

Influential role for Maori at new Water Services Regulator

Feb 21, 2020

Taumata Arowai—the Water Services Regulator Bill, open for public submissions until 4th March, seeks to create a new water regulator - to be called Taumata Arowai. The Bill includes provision for a Maori advisory group to work alongside this new Crown entity. The Maori Advisory Group is another manifestation of the government’s commitment to support agencies to form true partnerships with Māori "by actively facilitating new prototype partnerships between the Crown and Māori", as outlined in a cabinet paper released in July 2019, 'Building Closer Partnerships with Māori'. Continue reading

Action Plan for Healthy Waterways

Nov 05, 2019

Thank you to everyone who took the opportunity to make a submission on the Government’s 'Action for Healthy Waterways' discussion document. Around seventeen and a half thousand submissions were received, reflecting much interest in the proposals. From a democracy point of view, it is of great concern that several proposals point to the undermining of the democratic control of water, and include the intention to require local authorities to compulsorily include a vague and undefined set of values and interests in the management of the water bodies and freshwater ecosystems in their region. Continue reading

Have your say on looking after our water

Oct 04, 2019

The Ministry for the Environment is proposing a raft of legislative and regulatory changes to clean up lakes and rivers within “a generation”. Continue reading

WAITANGI TRIBUNAL RELEASES REPORT ON FRESHWATER AND GEOTHERMAL RESOURCES

Sep 04, 2019

Last week the Waitangi Tribunal released its report on stage 2* of the National Freshwater and Geothermal Resources inquiry. The report recommends two specific amendments to the Resource Management Act 1991 and a number of paths and mechanisms for co-governance and co-management. Continue reading

Iwi seeking governance of the Marine & Coastal Area, and authority over water

Apr 08, 2019

On March 26 Maori claimants from around the country gathered to make submissions to the Waitangi Tribunal for the rights to their coastal water areas, saying that since the foreshore and seabed march in 2004, progress has been slow in recognising iwi governance of their marine and coastal areas. Continue reading

Maori Council demands the control of water

Dec 03, 2018

The Waitangi Tribunal has recently been hearing the final part of stage of two of its inquiry into a variety of claims relating to New Zealand’s fresh water resources. (A list of the matters the Tribunal is focusing on is available on the Waitangi Tribunal website, see HERE.) Continue reading

Government's Freshwater Policy

Nov 06, 2018

The government released its water policy last month, see HERE. It avoids dealing with the question of ownership, instead focusing first on cleaning up rivers, and then looking into the more difficult issue of water allocation. Continue reading

Ngāi Tahu to Minister: No appointments without us

Nov 27, 2020

Ngāi Tahu is mounting a legal challenge to the (former) Minister of Conservation's appointment decisions for the West Coast Conservation Board. It appears the iwi has a beef with the Minister for having the impudence to reappoint a member of the board without engagement with tangata whenua and Te Rūnanga o Ngāi Tahu as treaty partner. Continue reading

Update on 'Our Water Future': Auckland's water strategy

May 05, 2019

The official opportunity to have your say on Auckland’s water strategy has now passed. (However, there is nothing to stop you continuing to express your views to the mayor and councillors). The submissions are now being reviewed. Continue reading

Advancing the co governance agenda

Mar 04, 2019

Auckland Council recently released a discussion document on developing ‘a water strategy to ensure a secure, sustainable, and healthy future for water in Auckland’ - Our Water Future: Auckland's water discussion. Continue reading

Auckland Council’s ‘Our Water Future’ - Remember to have your say

Apr 08, 2019

Auckland Council recently released a discussion document on developing ‘a water strategy to ensure a secure, sustainable, and healthy future for water in Auckland’. We covered this issue in the March update, but to briefly recap, as to the advancement of a co-governance agenda, concerns centre on the following statements: Continue reading

Our key concerns with the Water Services Entities Bill

Aug 09, 2022

The impact of the Water Services Entities Bill will be profound. The public and many local authorities appear to share many common concerns about provisions set out in the Bill. These include: Continue reading

Government to force Three Waters scheme despite overwhelming opposition

Jun 07, 2022

The controversial Three Waters legislation is one step closer - the Water Services Entities Bill was introduced to the House last week. Local Government Minister Nanaia Mahuta said it was the first of several pieces of legislation concerning the proposed water entities. Continue reading

Taxpayers’ Union takes to the streets to fight Three Waters

Jun 07, 2022

Christchurch was the first of 39 stops in a nationwide roadshow run by the Taxpayers’ Union to oppose the Government’s Three Waters reform. Executive director Jordan Williams said the tour was being held to hear and highlight the concerns of ratepayers and local councils opposed to the “undemocratic three waters asset grab.” Continue reading

Three Waters - Government removes vital information from public view

Apr 06, 2022

The Water Users’ Group legal challenge to the Government’s Three Waters Reform proposal has met an unexpected snag: “Something strange happened in December after we filed our High Court application for judicial review. Crown Law asked us to redact information that was previously in the public arena,” Stephen Franks writes in a recent communication to supporters of the Water Users’ Group. Continue reading

Three Waters update - Mayors still not convinced

Apr 06, 2022

It appears the Recommendations Report by the working group set up by the Government to address major national concerns around Three Waters has done nothing to quell the fears of many councils. Whangārei Mayor Sheryl Mai said the working group's recommendations to Government around dealing with the three sticking points of representation, governance and accountability simply made her council more determined in its High Court Three Waters challenge. “Our concerns remain regarding democratic accountability, and ownership rights and responsibilities…….” Continue reading

Three Waters Legal Challenge Underway

Mar 09, 2022

You may not have heard of the Water Users’ Group. This is a group of concerned citizens who are taking legal action against the Labour Government’s plan "giving some Māori the effective control of more than a hundred billion dollars of ratepayer funded three waters assets". A link to the Group's website is here: www.waterusers.org.nz Continue reading

Major survey: Kiwis demand consultation on Three Waters

Dec 16, 2021

The most comprehensive polling to date on the Government’s Three Water reforms reveals the overwhelming majority of New Zealanders believe the Government should consult with them over the highly contentious policy proposal. Continue reading

THREE WATERS – COUNCILS LAUNCH LEGAL PROCEEDINGS AGAINST THE GOVERNMENT

Dec 07, 2021

Incensed at the Government forcing through a plan for four mega entities to take over the country’s three waters infrastructure and service delivery - despite widespread opposition from 60 of the country’s 67 councils, and the promise from the government that their proposal was optional – three councils have banded together to file an application in the court against Minister of Local Government Nanaia Mahuta and Secretary for Internal Affairs Paul James. Continue reading

Outrage at power grab - “a dark day for democracy”

Nov 04, 2021

"A deceitful, lying pack of bastards," exclaimed Masterton councillor Tina Nixon on hearing that the government will force councils to hand control of their water assets to four mega water entities, despite the previous promise to Councils that they could choose to opt in or out of the proposed reform programme. Continue reading

BACKLASH GROWS AGAINST 3-WATERS SERVICE DELIVERY PROGRAMME

Oct 01, 2021

There is strong level of opposition across the country to the Government’s proposed Three Waters service delivery programme. Comments from councillors show very serious concerns. In some quarters there appears to be a suspicion that the Government is not being completely open about everything it is seeking to achieve. Continue reading

Government plans to seize ratepayers’ assets - without compensation

Aug 02, 2021

Local Government Minister Hon Nanaia Mahuta has announced further details of the Government's regulatory and structural reform of water service delivery in New Zealand. The plan is for an unprecedented transfer of billions of dollars of ratepayer-funded assets from local bodies to four entities. Continue reading

Next Steps for Three Waters Reform

Apr 09, 2021

This is a complex set of reforms the Government intends to implement in stages over the next three years. The first stage was the Water Services Regulator Act - which created the water services regulator ‘Taumata Arowai’. This body will oversee and enforce a new drinking water regulatory framework, and have oversight of the management of our wastewater and stormwater networks. This is designed to ensure that minimum water standards are met no matter who the supplier. This new Crown entity is currently being established, and will become responsible for drinking water regulation when the second stage, the Water Services Bill, is passed, which is expected to be mid-2021. Continue reading

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