Proposed special freshwater hearing panels, to be overseen by a chief freshwater commissioner, will have one iwi representative among five panelists though the commissioner can appoint more members.
Waikato Tainui told a Parliamentary select committee they have not been consulted on the proposal and the panel make-up undermines the co-management principles that underpin their 2008 Treaty of Waitangi settlement.
Tainui contrasted the proposal with the shared involvement each river iwi had with Waikato Regional Council in developing the Healthy Rivers plan change for the Waikato and Waipa rivers.
“Waikato Tainui must have a co-management role in all planning processes that affect the Waikato River,” chief executive Donna Flavell said.
“The default statutory composition for freshwater hearings panels is inconsistent with the principle of co-management provided for in our 2008 settlement and Te Tiriti.”
Improved freshwater processes are a key part of changes to simplify Resource Management Act processes. The legislation will also give the Environmental Protection Authority more investigation and enforcement powers.
The Manawatu-Wanganui (Horizons) Regional Council said a less complex, more certain process for catchment planning appeals but there are also unquantified costs in the proposed approach.
The development of the Auckland Unitary Plan and Environment Canterbury’s plan followed a similar path to that proposed for fresh water and had involved significant process costs.
The council was also concerned about the timing of changes and potential impact on iwi.
“The council is already investing significantly in collaboration through treaty processes, such as for the Whanganui and Whangaehu rivers and is negotiating a joint management approach in the Manawatu catchment.
“The proposed 2023 deadline for notifying a new freshwater plan will put significant pressure on these key relationships,” it said.
Many submitters are concerned at the timelines involved in the new process and the ability to appoint qualified panels. The 11 regional councils and six unitary authorities will need to review their existing plans against a yet-to-be-finalised national policy statement on freshwater management, notify any changes by December 2023 and make final decisions by December 2025.
Genesis Energy said long-term sustainable outcomes are more important than unnecessary speed. It also doubted the country has enough experienced experts for 17 planning processes across councils and submitters.
Numerous submitters, including Genesis, will be involved in multiple concurrent hearings processes around the country, stretching resources and their ability to be meaningfully involved.”
Local Government New Zealand said the shortage of science, resource management and planning expertise will create a national bottleneck with a particular impact on iwi who are keen to be more involved but often rely on consultants.
Increasing iwi representation on hearings panels might help to speed the process but that could prove unworkable in some regions because of the sheer number involved, it said.
Meridian Energy, the country’s biggest hydro-electricity producer, said the independence, quality and expertise of panel members will be critical to the planning processes, especially if they are to be truncated and rights of appeal are limited.
It said prioritisation will be inevitable and suggested either a hierarchy of tier 1 and 2 catchments or the granting the chief water commissioner power to extend time frames by up to two years.
Planning processes are time-consuming and expensive and trying to quicken them usually concentrates cost and effort rather than reducing it.
Meridian said panel members will need to be of very high calibre and wholly independent to be effective.
They will also need experience in technical fields including law, planning, aquatic ecology, hydrology, groundwater, primary production and infrastructure.
“Reserving two positions automatically for council appointments is contrary to this objective,” it said. – BusinessDesk
