FOMA Submission on Clean Water Consultation 2017

Transcription

1 FOMA Submissin n Clean Water Cnsultatin 2017 Submitter: Anaru Smiler, Acting Chief Operating Officer (n behalf f FOMA) Address: Level 7 BERL Huse, 108 The Terrace, Wellingtn Telephne: admin@fma.rg.nz Purpse: 1. The purpse f this paper is t prvide a submissin as part f the 2017 Clean Water Cnsultatin, n the key strategic areas f imprtance t the Federatin f Mari Authrities ( FOMA) with respect t NZ s freshwater management regime, its impact n the grwth and develpment f Mari land and business interests, and the ptential impact n Mari custmary rights. Backgrund/Intrductin: 2. FOMA represents the largest vluntary cllabratin f Mari land wner grups and businesses in the cuntry. With a cllective asset base f circa NZ $9b and significant land interests spread thrughut the cuntry, the impact f NZ s freshwater management regime n ur members is significant, affecting the ability f ur members t cntinue t grw and develp their land interests fr future generatins. 3. Access t freshwater within sustainable limits and managing water quality levels fr future generatins is a crucial enabler fr the grwth and develpment f Mari land and ecnmic interests. 1

2 4. The Land and Water Frum (LAWF) was established by the gvernment t enable majr interest grups frm acrss the cmmunity t discuss and cllabrate n key issues invlved in NZ s freshwater management regime. The key fcus f the frum has been t discuss NZ s plicy with respects t water quality and quantity (allcatin) issues. Much f the debate regarding Mari rights and interests has been in respects t: a. water wnership; b. participatin f whanau and hapu in decisin-making; and c. implementing the Te Mana te Wai framewrk. 5. FOMA has identified as a key pririty, the impact the current freshwater management regime is having n ur members ability t access freshwater and hence grw and develp ur land and cmmercial interests. 6. FOMA has established a technical reference grup t start lking int the issues frm ur member s perspective and has embarked n determining what the key areas f strategic imprtance are in respects t ur member s interests in freshwater management, and are still in the prcess f develping a psitin: Lking at hw/what minr changes t the current water management regime can be made t address things, and/r Lking at what blder refrm and water management regime change is required. Key strategic issues: 7. Highlighted belw are a number f areas f strategic imprtance we have identified, which the FOMA technical grup are interested in explring further: Kaitiakitanga Supprting whanau, hapu and iwi t ensure that envirnment flw prvisins and allcatin regime recgnises the multiple interests f whanau, hapu and iwi. 2

3 Ownership Negtiating water wnership rights between Mari and the Crwn, and then legislating a settlement. Using aspects f the fisheries settlement as a mdel. Planning and Investment Mari individually/cllectively planning and acting mre strategically fr the lng-term t psitin and capture future value frm water, as it becmes mre f a tradable cmmdity/resurce. Mari individually/cllectively investing in water strage n ur lands fr shrtterm management/develpment needs and psitining t capture lnger term value pprtunities in being able t trade water. Addressing the need fr greater educatin f Mari landwners/gvernrs/managers and their advisrs n the imprtance t secure water resurces fr grwth beynd the traditinal n-farm use f water? Ensuring rules d nt reinfrce the status qu where the lack f water/nutrient allcatin t Mari hinders the ability t invest in further land develpment and/r t diversify int higher value (but mre water intensive) land ptins such as hrticulture r land based aquaculture Ensuring rules d nt place Mari in a psitin whereby their allcatins are used t achieve envirnmental utcmes (e.g. augmenting minimum flws r taking nutrients ut f a system) rather than ecnmic. Ensuring rules are nt based n allcatins t status qu land uses applying unders and vers apprach whereby Mari subsidise ther resurce users. Access, Allcatin and Decisin-making Addressing the lack f Mari landwner representatin/participatin at a reginal and lcal level decisin-making level in regards t water/nutrient allcatin? 3

4 Ensuring decisin-making prmtes the best use f water t be practiced under the management regime t minimise the amunt f verallcated/under-utlised water resurces? Ensuring rules enable equitable access/treatment fr Mari landwners t freshwater and nutrient allcatins/mitigatin rules? Variability f rules acrss catchments creates difficulties/cmplexities t thse invested acrss different regins/catchments shuld current rules/regimes be standardized r des this risk the lwest cmmn denminatr? Establishing/clarifying allcatin rights between landwners and leasees? Waitangi Tribunal Case: Legally addressing the fact, the current refrm prpsals are inadequate in that: Exclude effective cnsultatin/partnership with Mari grups with an interest in Mari freehld land pre/pst settlement land hldings. Exclude the issues ver Mari prperty rights. Exclude dealing with nging issues relating t the degradatin f freshwater. Exclude dealing with issues regarding Mari invlvement/participatin is freshwater resurce decisin-making. The timing f the refrm is t slw in dealing with these issues. D nt encurage lcal slutins at whanau, hapu r landwner level. Exclude key issues such as grand-parenting allcatins t arguable unsustainable uses. Cmments specific t the 2017 Clean Water Cnsultatin Dcument: 8. In additin t FOMA s verall strategic issues relating t NZ s freshwater management regime, we als have a number f cmments relating t the 2017 Clean Water cnsultatin dcument ( cnsultatin dcument ): 4

5 Targeting 90% f rivers and lakes t be swimmable by In principle, FOMA supprts the gvernments intent t ensure 90% f NZ s rivers and lake are swimmable by 2040 and acknwledges this standard recgnises there are csts and chices t be balanced t achieve this. 10. FOMA is hwever cncerned that the integrity f this stated bjective is dependent n the definitin f swimmable and suggests that its definitin be subject t peer review ver the next five years by internatinal experts, while als taking accunt f stakehlders views as t their expectatins t its meaning. 11. Further, FOMA is unclear as t hw this standard ensures that freshwater species can cntinue t grw and thrive under this new standard, s that rivers and lakes can be safely fished and used fr the cllectin f fd. While the use f freshwater fr land and cmmercial develpment is imprtant, it is equally imprtant that ur freshwater surces can still be used fr the safe cllectin f fd imprtant t Mari fr scial and cultural reasns, as well as that f the wider cmmunity. Better infrmatin n water quality fr swimming 12. FOMA supprts the intent f the gvernment t wrk mre clsely with lcal authrities and cmmunities, in rder t gather mre rbust infrmatin and data t infrm better decisin-making with respects t NZ s freshwater management. 13. Data cllected needs t be accessible t landwners and the wider public s that infrmed decisins can be made. Further, FOMA is f the view that ad-hc mnitring by multiple parties may undermine the value f the data cllected. 14. FOMA firmly believes that better data, infrmatin and rbust scientific research is required t infrm decisin-makers and the develpment f further plicies, if NZ s freshwater management regime is t be affective in meeting the wider NZ cmmunities gals f prtecting and enhancing NZ s waterways. 15. We nte at page 19 f the cnsultatin dcument the discussin n the management f excessive nitrgen and phsphrus nutrients as critical t ensuring NZ s waterways are kept clean and safe. FOMA agrees this is a critical issue while accepting this pses 5

6 a challenge t many f ur members with respects t their n-farm grwth and develpment. 16. A number f ur members are leading the way in managing the impact f nutrient discharge frm their farming interests, which frms an integral part f managing their interests in surrunding waterways t best effect fr future generatins. FOMA therefre supprts, encurages and prmtes any practice r plicy in this regard, accepting that this will pse a cntinuing challenge fr sme f ur members and the wider farming cmmunity. 17. FOMA further submits that it will be prudent and necessary t supprt reginal authrities t put mre emphasis n nn-regulatry mechanisms fr the agricultural sectrs t reduce nutrient emissins int freshwater. This will require reginal authrities and industry t design incentive based structures that encurage prducers t change their prductin systems, which has been successfully achieved by reginal cuncils in the past wh have been willing t wrk with industry in this regard. 18. As nted earlier in ur submissin, FOMA supprts the implementatin f Te Mana te Wai and supprts any further clarificatin f this initiative t ensure it is implemented meaningfully and with greater effect. Funding t imprve fresh water: 19. FOMA ntes the Freshwater Imprvement Fund and supprts funding initiatives t help cmmunities invest in lcal slutins fr water management, and wuld encurage an increase in funding t supprt the change in rules and plices being utlined in the cnsultatin dcument. Keeping stck ut f ur waterways 20. We nte at pint 5 f the cnsultatin dcument the exclusin f mre farm stck frm waterways and agree with this in principle, nting that greater supprt frm gvernment and industry will need t be given t help farmers achieve this balancing the needs f the envirnment and wider cmmunity with the need t cntinue the sustainable grwth f NZ s agricultural sectrs, which frm the backbne f the NZ ecnmy. 6

7 21. FOMA further supprts the alternative ptin at page 29 f the cnsultatin dcument t enable landwners t develp stck exclusin plans with their reginal cuncil, where it may nt be practicable nr viable fr ttal exclusin f their stck t ccur. 22. While FOMA agrees in principle with reginal cuncil discretin t set mre stringent requirements than utlined in the cnsultatin dcument, care must be taken t ensure this discretin is exercised based n gd infrmatin and that apprpriate resurces are prvided t help farmers and the wider cmmunity manage t a higher standard than the rest f the cuntry. Future Wrk Prgramme 23. FOMA ntes at page 31 f the cnsultatin dcument, reference t LAWF and the Iwi Leaders Grup n the prgress still t be made with respects t addressing freshwater allcatin t maximise ecnmic pprtunity. As nted earlier in this submissin, water allcatin is a key fcus f FOMA s freshwater plicy develpment, and presents a significant challenge t Mari land develpment. 24. Much greater effrt is therefre required t ensure Mari landwners are given equitable access t freshwater resurces t supprt the cntinuing grwth and develpment f their land interests. 25. FOMA strngly supprts expediting any initiative that will prvide greater access and certainty f freshwater supply t Mari landwners t grw these interests, and further ntes that where Mari landwners currently have access t freshwater - it is managed sustainably and with great fcus n ensuring their land and waterways are managed sustainably fr future generatins. 26. Therefre, as a matter f pririty, there needs t be gvernment cmmitment t develp a prcess t claw-back water in ver-allcated catchments. If the gvernment is cmmitted t envirnmental flws and sustainable allcatin, then issues relating t ver-allcatin and the impact this is having n Mari landwner grups, needs t be addressed urgently. 27. FOMA als supprts greater cllabratin between gvernment, lcal authrities and the wider cmmunity t adpt gd management practices bth in the rural and urban envirnments. 7

8 28. We hwever nte that greater effrts need t be made t engage Mari landwners specifically in these effrts - as being the actual land and resurce wners amng their cmmunity. While we supprt engagement at the lcal Iwi level, there is a need t engage mre effectively with lcal Mari landwners wh have direct wnership, respnsibility and accuntability as landwners in their wn right. 29. Further t this pint, FOMA supprts the Mana Whakahn mechanism prpsed in bth the NPS and RMA Bill, but again strngly stresses that engagement with Mari must include all affected Mari landwner grups, nt just cmmunity based Iwi and Hapu. The Mana Whakahn structure fmalises the requirements fr reginal authrities t engage with Mari n rule and regulatin changes, which will lead t better verall utcmes fr the whle cmmunity. Fr instance, water allcatin rules are gd example where the lack f accurate data n water surces and vlumes, cupled with pr plicy framewrks and engagement with Mari, has led t the verallcatin f catchments t the detriment f Mari landwner grups within thse catchments. 30. Nt enugh effrt is made t understand the dynamics f Mari land wnership by central and lcal gvernment, therefre impacting n the ability f gvernment and Mari resurce wners t cllabrate mre effectively in the freshwater management space. 31. FOMA is a great supprter f the Natinal Science Challenge Our Land and Water and actively encurages ur members t participate in the initiatives and prjects funded by the challenge. FOMA encurages greater effrts by thse leading the prjects t engage Mari landwner grups mre effectively, and t take up a greater pprtunity t learn frm Mari landwner grups leading the way in mre innvative appraches t sustainably grwing and managing their land interests. Clsing cmments: 32. FOMA welcmes the pprtunity t prvide a submissin n the 2017 Clean Water cnsultatin and acknwledges that much wrk is required t reach a balanced apprach t managing NZ s freshwater resurces mre effectively and fr best effect fr future generatins. 8

9 33. Mari interests in freshwater are as dynamic and cmplex as the wider cmmunities, and therefre greater effrt by central and lcal gvernment is required t understand the cmplexity f Mari interests in this space and t therefre engage mre effectively with the wider Mari cmmunity lking ut fr these interests. 34. FOMA is happy fr this submissin t be made publicly available and welcmes the pprtunity t discuss the issues in greater detail. Me Uru Kahikatea, Federatin f Mari Authrities 9