National Policy Statement for Freshwater Management

National Policy Statement for Freshwater Management
Name	National Policy Statement for Freshwater Management
Jurisdiction	New Zealand
Enacted	2011, amended 2014, 2020
Administering body	Ministry for the Environment (New Zealand)
Related legislation	Resource Management Act 1991, Water Services Bill, Agricultural Compounds and Veterinary Medicines (ACVM) Act 1997

National Policy Statement for Freshwater Management The National Policy Statement for Freshwater Management (NPS-FM) is a New Zealand policy instrument that sets national direction for the management of freshwater resources. It integrates statutory standards, environmental objectives, and planning obligations to guide regional authorities, resource users, and iwi authorities in freshwater allocation, quality protection, and ecosystem restoration.

Background and Purpose

The NPS-FM was introduced following national debates after events such as the Mackenzie Basin irrigation expansions, resource pressures observed in the Waikato River catchment, and public inquiries into freshwater quality exemplified by reporting from the Office of the Auditor-General (New Zealand). It reflects commitments under international agreements including the Ramsar Convention on Wetlands, the Aichi Biodiversity Targets, and reporting obligations to the United Nations Environment Programme. The purpose is to ensure integrated freshwater management across regions, reconcile economic uses like those in the Dairy Industry in New Zealand and Irrigation New Zealand operations with indigenous rights affirmed by Treaty of Waitangi settlements, and protect values in significant sites such as Lake Taupo and the Hauraki Gulf.

Policy Framework and Legal Basis

The NPS-FM operates as a national direction under the Resource Management Act 1991 and is administered by the Ministry for the Environment (New Zealand). It interfaces with regional planning instruments like regional policy statements produced by regional councils such as the Auckland Council, Canterbury Regional Council, and Otago Regional Council. The NPS-FM aligns with statutory duties arising from decisions of the Environment Court of New Zealand, statutory instruments including the National Environment Standards for Freshwater, and complementary legislation including the Fisheries Act 1996 and water-related provisions in the Local Government Act 2002.

Objectives and Targets

Key objectives include maintaining or improving freshwater quality, safeguarding ecosystem health, and enabling sustainable economic use. The NPS-FM sets compulsory outcomes such as achieving bottom lines for attributes like periphyton, nitrate, and dissolved oxygen to protect values in waterways used for mahinga kai and recreation, including sites like Rotorua Lakes and the Whanganui River. It obliges regional councils to establish environmental outcomes and time-bound targets, often tied to catchment limits and allocation ceilings applied in places such as the Canterbury Plains and the Waikato River Catchment.

Implementation and Planning Requirements

Implementation requires regional councils to incorporate freshwater objectives and limits into regional plans and resource consents, following statutory processes exemplified by plan changes in Canterbury and Bay of Plenty. The NPS-FM mandates methods including setting freshwater management units, preparing accounting frameworks for takes and discharges, and employing tools such as catchment restoration projects and nutrient budgeting used in the Rangitata River and Mataura River catchments. Plans must recognise rights and interests of iwi and hapū established in settlement legislation like the Ngāi Tahu Claims Settlement Act 1998 and incorporate mātauranga Māori considerations referenced in iwi management plans from groups such as Ngāti Tūwharetoa and Ngāi Tahu.

Regulation, Compliance, and Enforcement

Compliance mechanisms rely on consenting regimes under the Resource Management Act 1991, enforcement actions by regional councils, and adjudication by the Environment Court of New Zealand and, where necessary, the High Court of New Zealand. The NPS-FM supports use of regulation, compliance monitoring, and economic instruments including targeted funding from agencies like the Ministry for Primary Industries and incentive programs administered by entities such as Fonterra’s environmental initiatives. Enforcement responses can include abatement notices, infringement fines, and consent review conditions as applied in notable prosecutions overseen by the Crown Law Office.

Stakeholder Roles and Consultation

The statement emphasises partnership among central government agencies such as the Ministry for the Environment (New Zealand), regional councils, unitary authorities like the Nelson City Council, tāngata whenua and iwi authorities including Te Arawa and Tūhoe, industry bodies like Federated Farmers of New Zealand and Irrigation New Zealand, and non-governmental organisations such as Forest & Bird and the Royal Society of New Zealand. Consultation processes invoke statutory instruments including Schedule 1 RMA plan-making and the duty to consult under settlement legislation, with collaborative governance examples in multi-stakeholder arrangements such as the Whakatōhea co-management and the Waikato River Authority framework.

Monitoring, Reporting, and Review

Regional councils must implement monitoring programmes for water quality and quantity, report results in state of the environment reports, and provide data to national reporting platforms used by the Ministry for the Environment (New Zealand) and the Environmental Protection Authority (New Zealand). The NPS-FM requires periodic national reviews and plan audits, as seen in amendments enacted in 2014 and 2020 following reviews influenced by research from institutions such as Victoria University of Wellington, University of Otago, and Massey University. Adaptive management, peer-reviewed science, and iwi co-governance mechanisms support iterative updates to policy settings in response to decisions from the Supreme Court of New Zealand and national environmental assessments conducted by bodies like the Parliamentary Commissioner for the Environment.

Category:Environmental policy of New Zealand Category:Water management