Regional Freshwater Plan Review

2008

Development of the Gisborne Freshwater Plan started in response to the release of the proposed National Environmental Standard of Ecological Flows and Water Levels (NES).

Council commissioned The National Institute of Water and Atmospheric Research (NIWA) to provide some advice on managing ecological flows and groundwater levels. This work, amongst other things, identified that in the absence of a regional water plan, the default limits that would apply under the proposed NES would be exceeded and effectively deny any further water takes.

Once notified, implementation of the provisions of the Proposed Freshwater Plan and Waipaoa Catchment Plan (the Proposed Plan provisions) commenced. While there are ‘Other Methods’ within the Plan, Resource Consents are still the main tool for resource management within the region.

2010

Freshwater Advisory Group formed which was a collaborative group representing a wide range of interests across the region. This group oversaw the investigation into freshwater management issues and worked with Council to identify the significant values of the region’s freshwater bodies, appropriate options to address the issues and implement the National Policy Statement for Freshwater Management NPSFM 2014 (NPSFM).

2015

The Proposed Gisborne Regional Freshwater Plan was publicly notified on 10 October 2015. 41 submissions were received and following this another 2,500 further submission points (opposing or supporting the original submissions) were received.

2016

The Proposed Gisborne Regional Freshwater Plan hearings took place between August and December 2016, with a decision released in August 2017.

2017

Decision recommendations from the Hearing Panel were adopted by Council on 17 August 2017. 16 appeals were lodged with the Environment Court. Mediations on the appeals, were arranged into eight appeal topics by the Environment Court.

2018

Six of the appeal topics were successfully resolved and formalised through the Environment Court’s consent orders in 2018. The Forestry topic was withdrawn in November 2018. The Cultural Interests topic was unresolved through the mediation process and progressed to an Environment Court hearing.

2020

The appeal, lodged by Te Whānau a Kai, was heard by the Environment Court in September 2020. The Court decision on the appeal had declined most of Te Whānau a Kai’s relief, accordingly Te Whānau a Kai appealed the Environment Court’s decision to the High Court.

New national legislation was introduced - National Policy Statement for Freshwater Management 2020

2022

The High Court dismissed the Te Whānau a Kai appeal on 23 June 2022, and subsequently Te Whānau a Kai submitted to the Court of Appeal in November 2022.

Review of the Regional Freshwater Plan and Waipaoa Catchment Plan commences as well as six other catchment plans for the Tairāwhiti region.

2023

In March 2023, the Court of Appeal declined Te Whānau a Kai’s application for leave to appeal.  Following this outcome, Te Whānau a Kai has submitted their application for leave to appeal to the Supreme Court on 13^th April 2023.

Freshwater advisory groups are formed for the Regional Freshwater Plan and Waipaoa Catchment Plan. Engagement for other catchment plan commences.

The National Policy Statement for Freshwater Management 2020 (NPS-FM) is an important legislative tool for achieving national goals for freshwater. The Regional Freshwater Plan was built with the NPSFM 2014 as the guiding legislation. There has been two subsequent updates, 2018 and more recently the 2020 update.

The NPSFM provides direction on how local authorities should manage freshwater under the Resource Management Act 1991 (RMA).

Requirements include:

• managing water in way that gives effect to Te Mana o te Wai;
• applying a National Objectives Framework (NOF) to help manage freshwater;
• avoiding any further loss or degradation of wetlands and streams, mapping existing;
• wetlands and encouraging their restoration; and
• addressing in-stream barriers to fish passage.

Te Mana o te Wai is the fundamental concept of the NPSFM 2020. Te Mana o te Wai refers to the vital importance of water. Te Mana o te Wai recognizes that protecting the health of freshwater protects the health and well-being of the wider environment – including people.

Te Mana o te Wai must protect the mauri of the wai. All freshwater management must give effect to Te Mana o te Wai, including the Regional Freshwater Plan. Te Mana o te Wai sets out the hierarchy of obligations to ensure that freshwater is managed in a way that prioritises (in this order):

• The health and well-being of water;
• The health needs of people; and
• The ability of people and communities to provide for their social, economic and cultural wellbeing.

The NPS-FM 2020 strengthens and clarifies Te Mana o te Wai by providing stronger direction on how Te Mana o te Wai should be applied when managing freshwater.

As a requirement, every regional council must engage with tangata whenua and communities to determine how Te Mana o te Wai applies to water bodies and freshwater ecosystems in the region.