Otago regional councillors have decided against a proposed review of the Waitaki River’s management.
More than a year after efforts began to investigate managing the river as a whole, councillors this week decided not to follow their Environment Canterbury counterparts and pursue a Section 35 analysis of the existing planning frameworks for the Waitaki catchment.
Otago Regional Council chairwoman Gretchen Robertson said the government’s announcement late last month that it would introduce two Acts to replace the Resource Management Act (RMA) by the end of the year had upended the analysis recommendation put forward by the multi-stakeholder Waitaki River working group.
"The proposed Section 35 analysis intended to evaluate the effectiveness and efficiency of the system under current legislation. It can’t analyse unknown future legislation or management systems," Cr Robertson said.
A regulatory framework was in place that involved four key components: Environment Canterbury plans; Otago Regional Council plans; the Resource Management (Waitaki Catchment) Amendment Act; and the Ngāi Tahu Claims Settlement Act, which included provisions that recognised and protected Ngāi Tahu’s interest in the Waitaki River, Cr Robertson said.
In March last year, both the Otago and Canterbury regional councils acknowledged the fragmentation and complexity within the catchment and agreed to explore a more integrated management approach, following a proposal from Ngā Runanga o Waitaki and Te Rūnanga o Ngāi Tahu, she said.
"Within this evolving legislative landscape, it’s important that we do continue to do our jobs as local government, working with local communities and mana whenua partners, and the Crown, effectively.
"All are really important players in the Waitaki catchment."
Moreover, stakeholders had expressed concerns about the potential implications of a Section 35 analysis on their existing consents and operational certainty, she said.
Councillors decided to ask the working group to bring key stakeholders together to discuss "aspirations and opportunities" for the catchment in light of the RMA reform proposals.
Cr Kevin Malcolm, a member of the working group since the outset, said dialogue was needed to ensure ongoing collaboration among the interested parties.
"This is an exceptionally complicated environment at the Waitaki River.
"I believe there is actually no need to undertake a Section 35 at this stage.
"I believe it’s an unnecessary intrusion into a very sound planning process."
The RMA reform and changes to the Resource Management (Waitaki Catchment) Amendment Act would affect the present process.
A new national policy statement for freshwater management would affect it too.
Ngāi Tahu’s court action over freshwater would "certainly have some effect on the Waitaki", Cr Malcolm said.
"And there’s the local government reform that potentially could solve all these issues and put it all back into a wonderful, nice, neat package where it used to be.
"But that’s another wee dream," he said.
Last month, Otago’s Canterbury counterparts voted overwhelmingly in favour of the review.
Otago councillors asked staff to advise "all parties" who had been involved in the project to date of their decision.
