Next steps for Three Waters?

Next steps for Three Waters?
Wednesday 9 March, 2022
With the Water Services Entities Bill (the Bill) still expected to be introduced mid-way through this year, the Working Group on Representation, Governance & Accountability (the Working Group) has just completed its discussions with interested parties and released its recommendations. You can find its report here Working Group Recommendations.
The Working Group, which consists of local government and iwi leaders with an independent Chair, has made a series of recommendations that it considers would improve the governance arrangements originally proposed for the four Water Services Entities (WSEs). It addresses a variety of criticisms about these arrangements but does not and was never intended to consider the merits of the overall three waters reform package.
The Working Group welcomes the inclusion of Te Mana o te Wai, the principles of which are embodied in the National Policy Statement for Freshwater, which it acknowledges as central to guide decision-making, planning, governance, accountability, and service delivery. Te Mana o te Wai is a concept that refers to the fundamental importance of water and of its protection to the health and wellbeing of the wider environment and communities. It is about restoring and preserving the balance between the water, the wider environment, and people. For more information about Te Mana o te Wai see Te Mana o te Wai MfE factsheet.
The recommendations include changes to the proposed Bill to ensure community ownership of water services assets and protection from privatisation, stronger community input into network development, strengthening Te Mana o te Wai, and co-governance embracing Te Ao Maori to improve service delivery and environmental protection.
One specific recommendation addresses the issue of ownership of the WSEs and proposes a public shareholding structure that protects community ownership with councils owning shares, and as shareholders having the right to vote on any proposal that the WSE be sold or privatised. Shares would be proportionately issued with one share for each 50,000 people, rounded up. Councils would have to consult their communities before voting on any privatisation proposal, and it could not proceed without the agreement of every council shareholder.
Other recommendations address strengthened co-governance of the Regional Representative Group (RRG) and the accountability of the WSEs to the RRG, including approval of the strategic direction outlined in the WSE Statement of Intent. The controversial issue of the inclusion of stormwater into the WSEs is discussed and the inherent difficulties noted. However, it was accepted that the inclusion of stormwater is necessary to fully give effect to Te Mana o te Wai and for the co-governance opportunity to be fully realised and meaningful.
Interestingly, despite being represented on the Working Group by Mayor Phil Goff, Auckland Council does not consider the recommendations go far enough in the area of governance and accountability. Mayor Goff’s minority report appears as an Appendix to the Working Group recommendations.
Talk to one of our experts
Related Articles

Councils challenge to transfer of water services rejected in High Court
Thursday 30 March, 2023

When the rubber hits the road - All aboard Aotearoa's challenge
Tuesday 11 October, 2022

Declarations that an Enactment Inconsistent with Bill of Rights
Tuesday 11 October, 2022

Proposed mandatory consideration of specific Māori representation
Tuesday 11 October, 2022

New Regime for Protected Disclosures (Whistleblower legislation)
Wednesday 29 June, 2022

Operative plans and proposed plans: what to do when there is a significant policy shift?
Wednesday 30 March, 2022

Notices of requirement are relevant for resource consent applications
Wednesday 30 March, 2022

Avoidance policies reign in the wake of King Salmon, but what do they require?
Wednesday 30 March, 2022

Court gives guidance on consultation and decision-making process
Wednesday 30 March, 2022

Cultural evidence and the continued draw of the overall judgment
Tuesday 21 December, 2021

Fluoridation debate lifted from shoulders of local government
Tuesday 21 December, 2021

Will new housing density rules increase contributions for developers?
Thursday 28 October, 2021

Judicial review of Hamilton City Council's development contributions policy
Tuesday 5 October, 2021

Lease of Wanaka Airport set aside due to insufficient consultation
Tuesday 15 June, 2021

What if an abatement notice requires you to breach the Resource Management Act?
Tuesday 15 June, 2021

“No ‘wine-ing’ covenants” declined for a subdivision consent in Gibbston Valley
Tuesday 15 June, 2021

From car parking fine to judicial review of a council’s code of conduct
Tuesday 15 June, 2021

Councils remain liable for compliance of contractors with the RMA
Thursday 18 March, 2021

Randerson Report released: New Direction for Resource Management
Wednesday 5 August, 2020

Could companies be liable to the public for the harm caused by their emissions?
Tuesday 10 March, 2020

Avoiding double penalties when sentencing a company and director
Thursday 23 April, 2020

Can an easement be granted over an esplanade reserve for a commercial activity?
Thursday 12 December, 2019

Draft National Policy Statement for Freshwater Management 2019 for consultation
Thursday 3 October, 2019

Local authority requiring monetary contributions on designations
Thursday 20 June, 2019

Bella Vista: MBIE Report highlights failure to perform statutory functions
Tuesday 9 April, 2019

Recent decision on "affected persons" highlights the importance of context
Wednesday 28 November, 2018

High Court finds Council liable in negligence for damage from fallen tree
Thursday 27 September, 2018

Court upholds sensible approach to local authority works on private property
Tuesday 24 July, 2018

Must Councils accept an assertion that a person is ‘suitably qualified'?
Friday 9 March, 2018
