Intervention: Motutangi-Waiharara Water Users Group

(MWWUG) Contd
19 November 2017

PART 2 SUBSTANTIVE MATTERS GOOD

DECISION-MAKING
[A] cluster of interconnected environment-related risks including [] water
crises has consistently featured among the top-ranked global risks for the past
seven editions of The Global Risks Report.
(World Economic Forum, 20171)

1. To the extent that they relate to substantive matters concerning the MWWUG
application, we repeat our interventions in Part 1 regarding the LGA, RMA,
International and other standards.

1.1. Further, we reinforce that the bigger backdrop of global trends and experience warns
that most decision-makers across all levels of governance are failing to sufficiently
understand the complexities of sustainable freshwater water management. The
world-wide pattern of water depletion and degradation, particularly connected with
business and industry use, is so evident youd have to be deliberately turning a blind
eye not to see it.

1.2. NRC needs to recognize the real likelihood that it too will, in similar fashion, is on a
path of failing to adequately comprehend the full complexities of sustainable, long-
term freshwater management, especially in this time of game-changing climate crisis
that creates unprecedented levels of uncertainty.

1.3. Therefore, we contend generally that NRC must:

a. Implement an aggressive precautionary approach regarding water allocation,

(particularly where the proposition is to allocate for industrial and private
business use ahead of environmental and human rights protection);
b. Implement a moratorium on further aquifer water allocations until the NRC
application process meets the basic standards of natural justice, democracy and
good decision-making; OR (and only as a last resort)
c. Extend the application process as outlined in decisions sought by Council at the
end of this intervention.

LOCAL GOVERNMENT LEADERS WATER DECLARATION

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 Water is a taonga and our lifeblood. [] Protecting our freshwater - lakes,
rivers, streams and groundwater - is important because it ensures there is
enough clean and safe water for all of our uses, now and into the future []
Achieving this will require a collaborative effort from many parties councils,
communities, central government, Mori/Iwi, business and the primary sector.
(Signatories to the 9 October 2017
Local Government Leaders Water Declaration,
including Hon John Carter Mayor, Far North District Council)2

2. On 9 October 2017, the Far North District Council Mayor, John Carter, joined 14 other
local government Mayors and Chairs around the country to sign the Local Government
Leaders Water Declaration.

2.1. That Declaration makes a number of commitments regarding sustainable water

management priorities, including recognizing Te Mana o te Wai, improving how
everyone values water, working with communities, using better information to inform
decision-making on water management, taking an integrated approach to water
management, increasing water management standards, and being clear about the
true cost of sustainable water management.
2.2. We call on NRC to join as a signatory to this Declaration.

RMA SS5(2)(a)-(c)
4. We repeat our commentary regarding the RMA, in particular ss5(2)(a)-(c) below:

(a) sustaining the potential of natural and physical resources (excluding minerals) to
meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) avoiding, remedying, or mitigating any adverse effects of activities on the

environment.

and state further:

NATIONAL POLICY STATEMENT FOR FRESHWATER MANAGEMENT3

5. As Local Government Leaders, including FNDC Mayor John Carter, remind us4:

Iwi have a special relationship with freshwater and this is reflected in the
statutes and in the National Policy Statement for Freshwater Management
(NPSFM). Specifically, the NPSFM requires that freshwater is managed to give
effect to Te Mana o te Wai, an integrated approach to freshwater management
that recognises the association of the wider community with the rivers, lakes
and streams but also the relationship of iwi and hap and their values with
freshwater bodies. (Our emphasis).

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5.1. In addition, the Ministry for the Environment5 has identified risks for implementation
of the NPSFM in our region such as:

a. NRCs approach to water quantity limits and allocation is highly permissive.

Although new takes from fully or over-allocated water bodies are designated
non-complying activities, the draft plan sets allocation limits such that no water
bodies would be considered as over allocated. The draft plan does not appear to
have provisions to phase out existing over allocation as required under Policy B6
of the NPS-FM;
b. We are also concerned about the possible inequalities in representation and
resourcing and how this may lead to decisions that do not fairly reflect the full
range of community views; and
c. Getting sufficient monitoring data, and funding research is a challenge in the
region, largely due to resource limitations and the regional geography and water
body profile.

4.1. When you couple the lack of NPSFM-required hap, iwi and community involvement
with the identified NPSFM risks, this reinforces our view that NRC is at enormous risk
of failing to meet its obligation to implement pertinent values in the NPSFM
concerning the MWWUG application process (if it is not already failing to do so),
especially the following values:

Compulsory National Values

5. Ecosystem health The freshwater management unit supports a healthy ecosystem

appropriate to that freshwater body type (river, lake, wetland, or aquifer).

In a healthy freshwater ecosystem ecological processes are maintainedand there is

resilience to change.

Matters to take into account for a healthy freshwater ecosystem includechanges in

freshwater chemistrychanges in flow regimeand the connections between water
bodies.6 (our emphasis).

Other National Values7 (environment and people)

3 billion new middle class consumers by 2030 will cause demand to

continue to grow rapidly, while supply will continue to shrink. The
consequences in the form of health impacts and water scarcity will create
tipping points for action by governments and societies. The cost to
companies and investors will be significant.
(Trucost policy and academic research group, 20138)

6. Natural form and character Where people value particular natural qualities of the
freshwater management unit.

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 Matters contributing to the natural form and character of a freshwater management
unit are its biological, visual and physical characteristics that are valued by the
community, including:

i. its biophysical, ecological, geological, geomorphological and morphological aspects;

ii. the natural movement of water and sediment including hydrological and fluvial
processes;
iii. the location of the water body relative to its natural course;
vi. the colour of the water; and
vii. the clarity of the water.

6.1. Mahinga kai Kei te ora te mauri (the mauri of the place is intact).

For this value, freshwater resources would be available and able to be used for
customary use. In freshwater management units that are valued for providing
mahinga kai, resources would be available for use, customary practices able to be
exercised to the extent desired, and tikanga and preferred methods are able to be
practised.

6.2. Water supply The freshwater management unit can meet peoples potable water
needs.

Water quality and quantity would enable domestic water supply to be safe for
drinking with, or in some areas without, treatment.

Pukenui-Houhora Community Development Plan

6.3. We repeat Part 1 interventions in relation to the Pukenui-Houhora Community
Development Plan, and emphasise the goals in that plan with regards to the
TRANSPORT AND INFRASTRUCTURE, i.e. Planning takes account of present and
foreseeable increases in demand on infrastructure that threaten conservation of the
special attributes of the area, in particular [], water supply, including Goal 3.2:
Conserve aquifers (underground water sources).

Other National Values (business and industry)

The global natural capital cost of water consumption by the primary

production and primary processing sectors analyzed in this study is
estimated at US$1.9 trillion. [] Water that is directly abstracted from
surface or groundwater is rarely paid for adequately if at all.
(Trucost policy and academic research group, 20139)

"De-growth is the way we have to think, get those systems into a sustainable
form, which means getting rid of much of the irrigation that's happening
there."
(Mike Joy, Massey University freshwater ecologist, 201710)

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6.4. Irrigation, cultivation and food production The freshwater management unit meets
irrigation needs for any purpose.

Water quality and quantity would be suitable for irrigation needs, including supporting
the cultivation of food crops, the production of food from domesticated animals, non-
food crops such as fibre and timber, pasture, sports fields and recreational areas.
Attributes will need to be specific to irrigation and food production requirements.

6.5. Animal drinking water The freshwater management unit meets the needs of stock.

Water quality and quantity would meet the needs of stock, including whether it is
palatable and safe.

6.6. Commercial and industrial use The freshwater management unit provides
economic opportunities to people, businesses and industries.

Water quality and quantity can provide for commercial and industrial activities.
Attributes will need to be specific to commercial or industrial requirements.

a. Note, these business and industry values arent superior to the other
environment and people values, but need to be considered in among the other
values. They are also subservient to the aforementioned compulsory values.

REGIONAL POLICY STATEMENT, NORTHLAND

RPS - Issue 2.1 Fresh and coastal water - Aquifers as a health issue

7.1. NRC recognizes (RPS, p13) several:

a. key pressures on Northlands fresh and coastal water resources - including

increasing demand on water resources, and climate change; and
b. significant consequences of these pressures - including loss of biodiversity,
increased health risks and constraints on water-dependent industries.

7.2. NRC states that many of [Northlands] aquifers are within Ministry of Health
standards. (RPS, p15).

7.3. We contend that:

a. The risks of a significant consequence are high enough to outweigh the

applicants alleged benefits; and
b. There are significant health risks concerning water over-allocation that ought to
be of such interest that all local health agencies/services (like Te Hiku Hauora),
and the Northland District Health Board (NDHB) should be consulted.

RPS - Objective 3.1 Integrated catchment management

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7.4. NRC describes this objective as Integrate the management of freshwater and the
subdivision, use and development of land in catchments to enable catchment-specific
objectives for fresh and associated coastal water to be met. (RPS, p33).

7.5. NRC catchment plans identify for each catchment:

a. Uses and values relating to freshwater (and in many cases coastal water);
b. The issues identified in the catchment and the outcomes sought (objectives);
and
c. Recommended regulatory (I.e. rules) and non-regulatory actions to improve the
way the catchments are managed.

7.6. Catchment plans are therefore an important aquifer management tool: NRC states,
Catchments are the most appropriate unit for managing water. Catchment-based
management involves taking into account all activities that impact on water quality
and quantity and associated uses and values. It also involves developing catchment
specific solutions to water issues informed by local social, cultural, economic and
environmental considerations. (RPS, p33).

7.7. Despite their importance, NRC does not have catchment plans for all areas: In
Northland, there are over 1,000 source-to-sea stream and river catchments ranging in
size from about 3,600 square kilometres in the Kaipara Harbour catchment down to
very small coastal stream catchments (less than one square kilometre), more than 100
lake catchments and numerous groundwater catchments (aquifers). Given the large
number of catchments, they will be need to be prioritised and in some cases grouped
for management.

a. The regional council has committed to a catchment-specific approach to water

resource management through its programme (Waiora Northland Water) for
implementing the National Policy Statement for Freshwater Management 2011.
(RPS, p33).

7.8. NRC prioritized five catchment plans chosen because water related issues had been
identified and there was local interest in partnering with council to find solutions. 11
However, there is no NRC catchment plan for Te Hiku. This might lead one to
speculate that either (a) water related issues had not been identified, and/or (b) locals
werent interested in partnering with council to find solutions. However, it is difficult
to imagine (b) as the case given that the local community has already partnered with
FNDC to produce its Pukenui-Houhora community development plan.

7.9. We contend that the absence of a Te Hiku catchment plan adds to the concerns and
uncertainty (e.g. raised already in the Lincoln Agritech 2015 Aupouri Aquifer report)
around ensuring sustainable aquifer allocation. Therefore, the application should not
proceed unless and until sufficient quality catchment information is prepared
regarding the Te Hiku aquifer.

RPS - Objective 3.3 - Ecological flows and water levels

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7.10. NRC describes this objective as Maintain flows, flow variability and water levels
necessary to safeguard the life supporting capacity, ecosystem processes, indigenous
species and the associated ecosystems of freshwater. (RPS, p35).

7.11. NRC says it achieves this objective through (among other things) integrated catchment
management. However:

a. As shown above, there is no catchment plan for Te Hiku. Therefore, the very act
of NRC considering aquifer take applications in the absence of such a critical
management tool must surely exacerbate the aquifer management risk?; and

b. The Lincoln Report (pp39-40) raises a risk re groundwater levels for the
Motutangi area:

This area has a low hydraulic gradient, and the projected deep aquifer base in this
area gives a high sea water intrusion threshold level using the Ghyben-Herzberg
approximation. As a result, groundwater levels at the recommended Motutangi
monitoring site do not meet the threshold groundwater water levels during model
calibration[] the relatively flat hydraulic gradient and deep aquifer base do
indicate that the Motutangi area is an area of potential risk for seawater intrusion.
(Our emphasis).

7.12. It also appears that the MWWUG applications, if granted for the Motutangi sub-
region, would allocate a greater volume than the recommended limits for that sub-
region in the proposed plan. In the Motutangi sub-region, this risks impeding future:

a. Development that depends on a ground water consent; and

b. Domestic groundwater bores (currently a permitted activity under the proposed
Regional Plan).
7.13. We contend, therefore, that given incomplete ecological flows and water level
information, an NRC decision to allocate the aquifer resources violate:

a. Good practice standards of making fully integrated and informed decisions; and
b. The precautionary principle.

7.14. We call on NRC to implement the Lincoln Report recommendations, especially that
(p40) further investigations be carried out prior to further allocation in the Motutangi
sub-region.

RPS - Policies and methods - Water, land and common resources

7.15. NRC states (under Policy 4.3.4 Water harvesting, storage and conservation),
Security and reliability of supply can be increased by harvesting and storing water for
distribution and use during shortages. (RPS, p63).

7.16. It is easy to imagine that, with increasing climate crisis pressures, communities may
need to harvest aquifer water. However, communities ability to do so will be put at

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 risk if theyre forced to compete with business and industry particularly if the aquifer
resource has been over-allocated due to decisions made based on insignificant quality
data.

PROPOSED REGIONAL PLAN FOR NORTHLAND12

8. We understand that NRC is legally bound to take the proposed RPN into account as
well as the current RPN.

8.1. We contend that NRC is bound to take the strongest standards into account, whether
they are contained in the proposed or existing RPN.

DECISIONS SOUGHT BY COUNCIL

9. We call on NRC to:

Procedural failures

9.1. Recognize the numerous ways in which NRCs MWWUG aquifer resource consent
decision-making process so far has demonstrably failed to meet its good governance
and decision-making obligations, especially with respect to tangata whenua/whnau,
hap and iwi (at Part 1, paras 4.3-5), as defined by/ under:
a. Te Tiriti o Waitangi particularly with regards to effective freshwater
management and the imperative to improve local governance with respect to:
i. Ensuring quality tangata whenua engagement in decision-making;
ii. Recognizing iwi rights, values and perspectives;
iii. Ensuring the full realisation of environmental and human rights, including
Te Mana o te Wai and the human right to clean drinking water;
iv. Developing and implementing:
Management standards which are fit for these times of increasing
climate crisis uncertainty and environmental shocks;
An effective user assessments system; and
Effective limit-setting, monitoring and compliance systems;
b. The LGA 2002;
c. The RMA 1991 including that NRC must:
i. Uphold the RMAs sole purpose (i.e. to sustainably manage the aquifer,
which includes empowering communities to provide for our social,
economic, and cultural well-being and for our health and safety by
considering the overall impact of the applications, not merely by achieving
a balance between suggested benefits and adverse effects); and
ii. Recognize that, re matters of national importance and other matters
(RMA ss6-8), our community has a significant interest in the proposed
effects of MWWUGs proposed activities;

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 d. The National Policy Statement for Freshwater Management;
e. The Regional Policy Statement for Northland;
f. The Pukenui-Houhora Community Development Plan;
g. International law and standards; and
h. Social license of the affected community;

9.2. Note that the precedent-setting parliamentary act in March 2017 of granting legal
personhood to the Whanganui river both:
a. Reinforces tangata whenuas perspectives regarding Te Mana o te Wai; and
b. May attract a real legal risk that any NRC decision which over-allocates (or leads
to an over-allocation of) our aquifer waters may be challenged in the courts
based on abuse, harm, or the worst case scenario of murdering the aquifer;
and

9.3. Be actively aware of risks of structural economic and monetary bias that undermines
the integrity of NRCs decision-making;

AND THEREFORE, that NRC:

General

9.4. Acknowledges:
a. Given the significant implications of MWWUGs resource consent application for
our environmental and human rights, all members of our affected community
have the right to have a say about this resource consent; and
b. Such activities shall, on principle, only proceed with our affected communities
free, prior and informed consent;

9.5. Responds meaningfully to mitigate the risk of aforementioned structural economic

and monetary bias by ensuring a fair and level playing field in all respects as between
the business and industry applicants and the affected community, by (at a minimum):
a. Implementing an aggressive precautionary approach regarding water allocation,
(particularly where the proposition is to allocate for industrial use ahead of
environmental and human rights protection);
b. Requiring applicants to provide a comprehensive accounting of:
i. The full range of environmental, social, cultural and economic effects; and
ii. The demonstrable NET benefits that will result from the proposed activity
across that full range of environmental, social, cultural and economic
metrics; and
c. Providing the affected community:
i. Meaningful opportunity to respond to that accounting; and
ii. Access to NRC technical support to produce their response; AND

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9.6. Either:

Allocation moratorium

a. Implements a moratorium on further aquifer water allocations until the NRC

application process meets the basic standards of natural justice, democracy and good
decision-making; OR (and only if a moratorium is impossible for legal or other
compelling reasons)

Extension of application process

b. Extends the public consultation period to provide the affected parties with a fair
amount of time, all things considered, to produce fully informed interventions on the
application;
c. Widens the definition of affected parties to be inclusive of all who have a significant
interest in the application, i.e. all (a) Te Hiku peninsular ratepayers and (b) affiliated
tangata whenua; and
d. For full transparency and accountability in its resource consent decision-making
process, treats all interventions made by local ratepayers and/or community members
(whether as signatories attached to our intervention, or independently; and whether
affected parties or not) as individual submitters having standing in their own right
(in both a quantitative and qualitative sense) to be included in the transparent
accounting of submitters views i.e. with respect to persons who (whether
apparently, or in fact) are using a template submission, NRC should not treat them all
as one submission, but include them separately in the accounting of submitters views;
AND

Priority Allocation

9.7. Ensures it protects (a) Te Mana o te Wai, (b) affected local communities right to a
healthy environment, (c) local residents human rights to access clean drinking water
and (d) whnau, hap, iwi te Tiriti and indigenous peoples human rights regarding our
natural resources by, for example:
a. Collaborating with FNDC to apply on behalf of:
i. Te Wai;
ii. Affected local communities;
iii. Local residents; and
iv. Whnau, hap, iwi:-
for a resource consent for community allocation of aquifer freshwater which is
prioritized ahead of the MWWUG application or any other private business
and/or industry application; and
b. Significantly reducing water harvesting allocation for business and industrial use
by, at a minimum ensuring alignment with and implementation of the Lincoln
Report recommendations, especially (p40) further investigations be carried out
prior to further allocation in the Motutangi sub-region; AND

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Proposed Regional Plan - Freshwater roadmap

9.8. Takes into account the strongest freshwater management standards, whether they
are contained in the proposed or existing Regional Plan for Northland;

9.9. Integrates into NRCs key planning documents, including the Proposed Regional Plan,
the priority to develop and approve a roadmap for urgent implementation which
reflects the seven steps of the Freshwater Rescue Plan (8 June 2017), including
measures to increase NRC capacity where capacity is lacking, and:
1. Protect the health of people and their waterways by setting strict and
enforceable water quality standards, based on human and ecosystem health
limits.
2. Withdraw all public subsidies of irrigation schemes, as they increase pressure
on waterways.
3. Invest in an agricultural transition fund, to support the country's shift towards
environmentally-sound primary industries by redirecting $480 million of public
money earmarked for irrigation.
4. Implement strategies to decrease cow numbers immediately.
5. Reduce freshwater contamination by instigating polluter pays systems
nationally.
6. Address the performance of regional councils on improving water quality
through quarterly reports from the ministry for the environment on
enforcement, breaches and monitoring.
7. Adopt OECD recommendation to establish a "whole-of-government, multi-
stakeholder process to develop a long-term vision for the transition of New
Zealand to a low-carbon, greener economy; and

9.10. Joins FNDCs Mayor, John Carter, in signing up to, and committing to the urgent
implementation of, the Local Government Leaders Water Declaration (2017).

-------------------------------

THIS INTERVENTION IS SUPPORTED BY THE FOLLOWING AFFECTED COMMUNITY

MEMBERS, TANGATA WHENUA, RESIDENTS, RATEPAYERS AND TE HIKU CITIZENS:

[Name]: _________________________________________________________________

[Status: bore holder, community member]:_______________________________________

[Additional info/ credentials]:__________________________________________________

Date: ___ / 11 / 17 Signature: ________________________________________________

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[Name]: _________________________________________________________________

[Status: bore holder, community member]:_______________________________________

[Additional info/ credentials]:__________________________________________________

Date: ___ / 11 / 17 Signature: ________________________________________________

[Name]: _________________________________________________________________

[Status: bore holder, community member]:_______________________________________

[Additional info/ credentials]:__________________________________________________

Date: ___ / 11 / 17 Signature: ________________________________________________

[Name]: _________________________________________________________________

[Status: bore holder, community member]:_______________________________________

[Additional info/ credentials]:__________________________________________________

Date: ___ / 11 / 17 Signature: ________________________________________________

1
Quote taken from the World Economic Forums Global Risk Report (2017), p16. Full report accessible from
http://reports.weforum.org/global-risks-2017/.
2
Full copy available at http://www.lgnz.co.nz/assets/Uploads/LG-Leaders-Water-Declaration-25-October-
2017.pdf.
3
http://www.mfe.govt.nz/sites/default/files/media/Fresh%20water/nps-freshwater-ameneded-2017_0.pdf.
4
See Local Government Leaders Water Declaration (9 October 2017) - full copy available at
http://www.lgnz.co.nz/assets/Uploads/LG-Leaders-Water-Declaration-25-October-2017.pdf.
5
See NPSFM Implementation Review: Northland Te Tai Tokerau (August 2017), p26.
6
Human health for recreation is the other compulsory value.
7
Wai tapu is another other value. Whnau, hap and iwi are best placed to give expert evidence on this
aspect.
8
Quote taken from the report by Trucost, Natural capital at risk: the top 100 externalities of business (April
2013), at p6. Trucosts report is accessible at http://naturalcapitalcoalition.org/wp-
content/uploads/2016/07/Trucost-Nat-Cap-at-Risk-Final-Report-web.pdf.

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9
Quote taken from the report by Trucost, Natural capital at risk: the top 100 externalities of business (April
2013), at p10. Trucosts report is accessible at http://naturalcapitalcoalition.org/wp-
content/uploads/2016/07/Trucost-Nat-Cap-at-Risk-Final-Report-web.pdf.
10
Radio New Zealand, Water Fools? - 'Recharging' Canterbury's aquifers (19 April 2017), at
http://www.radionz.co.nz/programmes/water-fools/story/201840837/water-fools-recharging-canterbury-s-
aquifers. Regarding Canterbury dairy farmers proposed plan to inject fresh water back into the ground to
recharge threatened aquifers, Mike Joy says he had not seen a single piece of evidence that managed aquifer
recharging actually benefited the environment, and The technology was a public relations trick [] an
attempt to fix up mistakes that were made in the past.
11
See NRCs Catchment plans site here.
12
https://www.nrc.govt.nz/contentassets/506f48db06744ab782c65e56acd19dde/proposed-regional-plan-
september-2017-final-7-sept-2017.pdf.

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