‘A shambles from day one:’ Cr Michael Laws on $18m water reform down the drain

Tuesday, 22 October 2024

The Otago Regional Council (ORC) was to notify its land and freshwater plan at a meeting in Dunedin on Wednesday.

But that has been withdrawn after the Government introduced an amendment to Parliament, restricting local council’s ability to notify those plans.

By delaying notifications, the Government was providing certainty to farmers

Otago councillor Michael Laws did not hold back on his own council.

He told fellow councillors on the Otago Regional Council (ORC) on Wednesday they had wanted to “play chicken” with the Government over their draft Land and Water Regional Plan, and lost.

The plan was more than five years in the making and cost ratepayers $18 million.

The council had been given opportunities to take a different path but decided “confrontation was the best way to go”.

“And now you sit here feeling sorry for yourselves.”

The draft plan was set to be discussed at a crucial ORC meeting on Wednesday, but the Government announced an amendment to the Resource Management Act Amendment Bill the day before that led to the plan being withdrawn.

The amendment would restrict local councils’ ability to notify freshwater plans before a replacement National Policy Statement for Freshwater Management was implemented.

Councillor Tim Mepham asked what legal advice the council received before pulling the item from the agenda.

Chief executive Richard Saunders confirmed he sought advice before moving the item due to the change of legislation, “and I do have the discretion to do that”.

Mepham said at the time that decision was made there had been no legal change, and still required a third reading in Parliament, “so it is not law”.

That discussion led to an outburst from the public gallery, prompting a warning from chair Gretchen Robertson that the meeting would adjourn if interruptions were to continue.

Saunders later noted that staff were prepared to deliver that water plan to council on this day, and that decision to withdraw the item from the agenda “was not made lightly”.

He noted the last 24 hours before the meeting had changed that context significantly.

That meant staff were unable to give the best advice, leaving him no option but to pull the item.

Cr Elliott Weir moved that council noted its deep concern over the legislation, and request clarification over existing regional policy statements.

Cr Laws said the consultation by the ORC over the draft plan was “deeply flawed”, which failed to engage those most impacted.

A lack of costings relayed to the impacted communities, meant the plan was “a shambles from day one”.

He signalled his deep concern with the involvement of Iwi in the plan, which was first mooted as ‘partnership’, but evolved into something different.

“They get preference over everybody else,” he said in reference to the formulation of ORC policy concerning the matter.

If council had to go through the process again, it was important to do it properly, he said.

Cr Kate Wilson said the process was “fraught”, noting that it was important to take the community with the council. This should have been done in public with the various stakeholders, complemented with supporting data.

Cr Andrew Noone said the current Government was more tolerant on the matter than the previous Government, “and I think we need to move on relatively quickly”.

Cr Robertson said while the council faced uncertainty, it would be “business as unusual”.

She confirmed she spoke with Environment Minister Penny Simmonds prior to the announcement, who conveyed she wanted to work with the council.

Cr Alan Somerville said the move by the Government was undermining local democracy.

Weir, in his right of reply, said the amendment was moved at the 11th hour, effectively preventing any regional councils from notifying their plans, undermining local democracies in the process.

He took aim at the Government, which had laid waste to the $18million and five years spent on that plan.

“This Government has thrown out the best chance for Otago rivers to be swimmable over the next 30 years, in the interest of certainty for farmers.”

There was no certainty for farmers, or anyone else, Weir said.

The motion to noted their concern failed 7-5, with the request for clarification on existing regional policy statements also failing by the same vote.

Agriculture Minister Todd McClay said of the move, that “The Government is taking this step to provide farmers the clarity they need around freshwater management, and to minimise inefficiencies and duplication for councils, and prevent unnecessary costs for ratepayers”.

Late last year the Government introduced changes to allow councils an additional three years to notify their freshwater plans.

“This is about protecting the interests of the primary sector, resource users, and ratepayers. Ratepayers and farmers need certainty, and they don’t deserve to have their money wasted,” McClay said.

By delaying notifications, the Government was providing certainty to farmers, he said.

Labour Environment spokesperson Rachel Brooking said: “This is a shocking, shameful and deliberate over-reach by the National Government to subvert democratic decision-making at council level and is aimed fair and square at the Otago Regional Council”.

It means $18m of ratepayer funds, and years of consultation and refinement of the fresh water plan taking into account the wishes of all stakeholders is down the drain.

Federated Farmers vice president Colin Hurst said the Government stopping regional councils from notifying new freshwater regulations was a win for both farmers and common sense.

'Regional councils have been totally out of control pushing ahead with expensive and impractical new freshwater rules.“

'It has never made any sense for councils to rush through these rules before the new National Policy Statement for Freshwater Management has been put in place.“

He questioned the cost of councils working on those rules when new changes were signalled.

That led to Federated Farmers writing to Simmonds, urging for an amendment to prevent councils from notifying new freshwater regional regulations and policy statements.