More than a year after Local Government Minister Nanaia Mahuta unveiled the Three Waters Reform programme, the specifics of what the Bill legislates is still causing some “confusion”.
During an interview this week, Prime Minister Jacinda Ardern admits part of the government’s Three Waters bill may have caused confusion, which she would seek to have clarified.
“The concept of Te Mana o te Wai has existed since Nick Smith introduced it in the National Policy Statement under a National government. It exists now in freshwater as well. During the select committee process on Three Waters requests were made from some submitters for extra clarity on definitions, that’s what [the] Parliamentary office has provided,” she said.
“The reference in the legislation does not change the scope of Three Waters, it is only about the drinking water, wastewater and stormwater,” she said.
Te Mana o te Wai refers to the fundamental importance of water in te ao Māori, and is part of the National Policy Statement for Freshwater Management.
She also responded to questions on whether the reforms extended to coastal and geothermal waters, saying she’s “read the legislation” and “it does not change the scope”.
She went on to explain that the reference in the legislation relates to the impact on these waters.
“It’s a reference to the impact of pumping, for instance, wastewater into the ocean. It has an impact on coastal water [but] it does not change the scope [of Three Waters],” she said.
“However, I can see … that it has caused some confusion, so we’ll ask the drafters if there is a way to make it much clearer.”
Over the past year, the government has faced backlash from all sides – public, local councils, industry bodies and industry experts – on the practicality of the reforms.
In August, auditor-general John Ryan expressed his concerns over the reforms, suggesting that public scrutiny of the new organisations will be far weaker than is possible at present.
“I am concerned that, as currently drafted in the Bill, the accountability arrangements and potential governance weaknesses, combined with the diminution in independent assurance noted earlier, could have an adverse effect on public accountability, transparency, and organisational performance,” Ryan stated in his submission on the Water Entities Bill.
The food and fibre sector also has its own concerns when it comes to centralising water management. The horticulture industry is worried that Three Waters reforms will direct entities to secure the cheapest water supply for urban areas at the expense of food security.
Communities 4 Local Democracy (C4LD), a coalition of 31 territorial and unitary local authorities that was formed to develop and propose reforms to the government’s proposed Three Waters policy settings, submission on the reforms slated the Bill as ‘the worst kind’.
“Simply, this Bill is expropriating without compensation the assets of councils held on behalf of their communities. This is legislation of the worse kind,” C4LD said in its submission.
However, despite the slew of criticism, the government seems intent on rolling out the reforms, which were kicked into gear following the Inquiry into the Havelock North drinking water contamination of 2016. When asked if she would have the Bill changed, Ardern reiterated that the scope of Three Waters will remain unchanged, but she will seek to make it easier to understand. Mahuta has also time and again defended the government’s policy, saying the mandated Three Waters policy is the best way to leverage off water assets for every community, which is why the government “stands by the proposed reforms in totality”.
