Several councillors yesterday noted the council was obliged to send the minister the update.
A letter to the minister dated this Friday has already been drafted.
It would be the 10th twice-yearly progress report to an environment minister since former minister David Parker concluded Otago did not have a fit-for-purpose freshwater planning framework, a report from the council’s environmental implementation team said.
"In February 2024, the new Minister for the Environment verbally indicated that the ministerial direction under section 27 of the Resource Management Act 1991 (RMA) that requires these six-monthly reports may be amended", the staff report said.
"However, at the time of writing this paper, council has not received any further advice, so the report has been prepared."
The council had two options at tomorrow’s meeting: to accept the report, and update Ms Simmonds in accordance with Mr Parker’s recommendations, or choose not to update her and be in breach of the ministerial direction in place, the report said.
Ms Simmonds, along with other ministers, has met council leaders twice this year to urge the council to pause work towards notification of its plan as the government rewrites the national policy statement on freshwater management (NPSFM).
Yet, chairwoman Cr Gretchen Robertson said although Ms Simmonds granted the council a three-year extension to the timeframe that Mr Parker initially established for the land and water plan, the minister did not opt to rescind Mr Parker’s original direction.
"As these directions are legally established and transcend government elections, ORC is bound to provide these six monthly reports", Cr Robertson said.
Deputy chairman Cr Lloyd McCall said it was important for the council to meet the requirements of any section 27 direction.
"Any opportunity to keep the minister well-informed should be taken as we develop a functional relationship ahead of any decision regarding having a fit-for-purpose planning framework for Otago", he said.
It was important the council did what it was legally required to do, Cr Alan Somerville said.
"That includes the RMA’s requirement (section 55) to give effect to national policy statements as soon as practicable.
"The proposed LWRP [land and water plan] will do that", he said.
Cr Tim Mepham agreed.
"The government must officially change the NPSFM and the RMA to alter the compliance obligations of the ORC.
"The government can’t just say they are going to change the law.
"Until they do, the ORC must continue to develop the LWRP and also report six-monthly to the minister.
"The continuing development and notification of the LWRP and reporting to the minister, provides the least technical legal risk and meets the ORC's compliance obligations", Cr Mepham said.
Ms Simmonds has been approached for comment.
A vote on notifying the plan is due on October 23.
Council staff have been told to prepare the land and water plan for notification by October 31.
