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[

] 178

New approaches to planning and

decision-making for fresh water: cooperative

water management in New Zealand

Clive Howard-Williams, Chief Scientist, National Institute for Water and Atmospheric Research, Christchurch;

Alastair Bisley, Chairman, Land and Water Forum, Ministry for the Environment, and Ken Taylor,

Director Investigations and Monitoring, Canterbury Regional Council, New Zealand

D

espite its clean and green image, New Zealand has expe-

rienced many of the same disputes over water quantity

and degrading water quality that are found in other

nations. Adversarial processes and litigation have dominated

water allocation and permit applications, leading to stalemate

and inaction. In 2008 stakeholders agreed at the national level

to embark on a collaborative process to improve freshwater

management and governance. Successful experimentation with

collaborative processes has also proceeded at the regional level,

especially in the Canterbury region.

New Zealand’s water resources

New Zealand’s natural landscape, including mountains and natural

forest, occupies 43 per cent of its surface and contains near-pris-

tine rivers, lakes and wetlands. The remaining land area comprises

planted forest (5 per cent) farmland (52 per cent) and urban devel-

opment, mostly in lowlands that are now almost devoid of natural

vegetation.

1

New Zealand’s economy depends significantly on pasto-

ral, arable and horticultural farming. Given the intensification of

land use over the last 20 years, it is not surprising that the country

experiences problems with both the quality and quantity of water.

2

Abundant fresh water is seen as one of New Zealand’s greatest

economic resources.

3

By international standards, New Zealand has

a high level of clean fresh water per person with a total renewable

water resource of 84,000 m

3

per person per year. Current annual

water consumption is less than 5 per cent of the New Zealand supply

(runoff to the sea) and yet:

• there are sometimes shortages in some places

• the areas where water resources are fully allocated are increasing

• occasional droughts occur across large areas of the country with

significant impacts on the national economy

• water quality degradation is putting increasing pressure on the

freshwater environment.

Problems with water management

As in most countries there are multiple interests in water. These

include cultural, spiritual and identity; recreational, social and

personal; environmental; and economic interests. Sometimes they

complement each other and at others they compete.

New Zealand’s Resource Management Act of 1991 introduced

an effects-based approach in which permits for water uses (takes

and discharges) are based on the effects of the use.

Although permits are time-limited, existing permit

holders “enjoy significant protection of their prior-

ity over newer entrants.”

4

Once effects indicate that

the resource is fully allocated, no new entrants to the

resource are permitted. But regulatory barriers to the

transfer of permits make it difficult for water to move to

the most productive users. Furthermore, effects-based

consenting often allows the provision of permits to

already compromised water bodies on the basis that the

new consent will have only minor effects – resulting in

continuing and worsening cumulative effects.

The debate about economic uses of water has been

difficult to resolve and processes for allocating water

have been the subject of litigation in many catchments.

Several principal issues needed to be resolved:

• competing interests where the parties seldom

engaged except in court

• the effective exclusion of M

ā

ori from governance

and management in many catchments

• inconsistent policy and planning

• poor use of science and knowledge

• lack of acknowledgement of the need to set and

manage within limits – the only policy mechanism

we know of to deal with cumulative effects.

Responses at the national level

In response to the difficulties of managing water in a liti-

gious environment, a group of around 50 key stakeholders

from all sides of the debate established the Land andWater

Forum (LWF) in 2008. Their approach was sparked by

a report on Scandinavian collaborative approaches to the

resolution of complex and contested environmental issues,

which suggested that they could be fruitfully applied in

New Zealand.

5

There was also a sense that unless all the

parties were prepared to engage with each other directly

over the whole range of freshwater issues, conflict and

stalemate would persist with damaging consequences for

the environment and economy.

The LWF consisted of a plenary group of over 50 organ-

izations and agencies with a stake in water management

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