While the previous government was in charge it made overarching rules about how lesser mortals on regional councils should go about their planning.
There is a hierarchy of rules. The government creates a national policy statement ( NPS) and other rules. These govern what regional councils must do when creating a regional policy statement. In turn these regional policy statements govern regional plans. A current source of discontent in Otago is the regional plan now being developed, called the land and water plan. This plan will control rules around consents for water takes.
Central government controls the entire planning process for the most part through issuing a new NPS from time to time.
The previous government created an NPS for freshwater which required regional councils to prioritise the health and wellbeing of rivers and ecosystems first, and the economic wellbeing of people last.
It also provided a requirement that tangata whenua be involved throughout, separately from consultation with the community.
The ORC was the first cab off the rank in creating its planning framework taking this new NPS into account.
The then majority of ORC councillors were seeking technical advice around an appropriate amount of water which could safely be taken from the Manuherekia for irrigation. This technical advice was not readily available and the land and water plan development was delayed.
When the former minister was unhappy with progress he used his power to impose a deadline on the plan and then used another major tool at the government’s disposal by threatening and expressing his displeasure. It was made clear to the ORC that the minister can fire councillors if he or she is unhappy enough.
Those who supported the minister were in a minority on the ORC. This minority suggested to the minister that he intervene, describing the search for good technical advice as a delaying tactic.
Now there is a change of government. The new government has advised the ORC to wait to notify its land and water plan until after a new NPS comes out. This has some logic and would result in Otago responding in line with the timeframe for other regional councils around the country.
Once again the minority of councillors on the ORC are hoping for intervention from the minister, now a new minister Penny Simmonds. Once again the majority are attempting to defy the government. They have on their side Labour members of Parliament who in opposition suddenly don’t like the government pushing the ORC around.
It turns out the government are the ones who are chosen to govern. It is likely they will find a way to prevail.
The now majority of ORC councillors are adamant that their way is the only proper way to provide stewardship of the rivers. The deputy chairman of the ORC, Cr Lloyd McCall, describes the work of staff so far as being informed by more than 50 scientific reports, as well as economic and social ones.
This is disingenuous and unhelpful. It suggests that the facts are settled and the assumptions are reasonable.
In a court setting where there are arguments the presiding judge will require the parties to sort out what facts are agreed on and what the issues which remain are about. The judge will then say what the issues are, have the facts in dispute determined either by the jury or by the judge and make a ruling.
Discussions about water allocation in Otago have not even reached the agreed facts.
This makes it impossible to make useful findings on what to do next.
For example proposed minimum flows in the Manuherekia are actually rules about what the river level will be when irrigation stops being allowed.
In no way do these restrictions ensure the river does not fall below a particular level. The reality is that these minimum flow levels are only achievable if it rains enough.
At the moment Falls Dam is around empty, meaning that what is coming out is virtually what is coming in. The flow at the most common measuring point will be just around 900 litres per second.
It is on the verge of having only domestic and stock water, with none available for irrigation. If it doesn’t rain, and only domestic and stock water continue to be taken, it will keep reducing. It turns out that councillors in the ORC cannot require the river to be happy and healthy and higher flowing, even if we knew what makes a river happy. It would be as useful to pray or do a rain dance.
Instead of councillors fighting with the government, they would be better to attempt to reach agreement about what actually can be achieved. They could stop pretending if they were good stewards they could create water from nothing.
Only dams and rain create river flow. No amount of reports or virtuous councillors, even with the support of opposition members of Parliament, will change the evidence-based reality.
- Hilary Calvert is a former Otago regional councillor, MP and Dunedin city councillor.
