Three Waters: practitioner-led solutions for water and the environment

An article based on a paper presented at the Water New Zealand Stormwater Conference in May 2022 by Barry Carter and Damian Young of Zealandia Consulting Ltd and Clare Feeney of Environmental Communications Ltd

?SUMMARY

As an industry, water sector practitioners have largely embraced the challenge of understanding and operationalising te mana o te wai. Putting water first has been central to our work for decades, with less success to show for it than we would like. Te mana o te wai offers us an opportunity for us to do better, especially if it is effectively integrated with te oranga o te taiao – the environmental focus of the resource management reforms.

However, recent dialogue around the Three Waters reforms has focused on the structural solution proposed for four water entities. We believe there is also a need to focus on the root causes of the issues that precipitated the reforms.

We see two categories of these root causes: governance issues and conceptual splits.

Governance issues that have caused the suboptimal performance results we see today include chronic under-investment in infrastructure and capability; erosion of local and organisational knowledge; and lack of focus on the outcomes, across all four wellbeings, of good management of the Three Waters.

However, these issues are merely the visible symptoms of deeper causative factors: conceptual splits in our understanding and administration of land and water interactions. These splits manifest in our management of land vs water; of fresh vs saline waters; of surface vs groundwaters; of urban vs rural land. Instead of managing from a synoptic, water-centric focus, we work from mental, legislative and institutional silos.

If we (being those employed in the activity of land and water management) are to work together to deliver cost-effective land use + all-waters management and sustainable wellbeing outcomes, we need cross-cutting, transdisciplinary, silo-transcending intra- and inter-agency management systems.

We say that giving effect to te mana o te wai, as the law now provides, means putting water first; making it the first consideration.

What does this mean in practice? It means that:

·??????upfront consideration of what used to be called ‘natural’ waters informs wise land use planning and development

·??????potable and wastewater infrastructure then service those sustainable developments.

Stormwater is simply the product of rainfall runoff. Rainfall runoff depends on land cover and land use, from native forest to impervious industrial areas. Piped urban stormwater networks are only a small part of catchment-wide surface and underground water bodies and our ultimate coastal receiving environments. It is poor land use decisions that lead to unsustainable impacts on these. Rainfall runoff therefore needs to be managed at regional, iwi, local and community levels and is thus far more intricately involved with resource management reform than it is with three waters reform.

?Placing stormwater within the four entities will create more institutional barriers and will make stormwater management even more complex, expensive, inefficient and ineffective than it is now.

?And while there are good people working hard to accommodate stormwater within the three waters model, this work fits more logically within a co-developed RMA and local government reform workstream.

?We also strongly support iwi co-governance. I was involved with the ground-breaking 1987-1990 Manukau Harbour Action Plan, which was developed in response to Tainui’s Wai 2 Claim, led by the inspirational late Dame Nganeko Minhinnick. The Action Plan allocated research and action funding to Tainui, supporting a genuinely integrated approach to managing Manukau Moana.

Difficulties with iwi involvement most often arise from lack of capacity for iwi to respond to the volume of work, and the lack of capability of pakeha trying to engage in a timely and appropriate manner. It is vitally important to provide sufficient resourcing of both parties if we are to give effect to te mana o te wai and te oranga o te taiao.

So what do we WANT to happen now? We as stormwater practitioners want a friendly public conversation about our lived experience of the harms of past reforms, and how our defined root causes of under-performance must be comprehensively addressed in any sector performance solution.

The alternative? These root causes will remain and will be perpetuated; and with multiple new entities and lack of integration with the resource management reforms, exacerbated.

?Our experience with past reforms, outlined below is that the costs of workforce dislocation, creation of additional entities and loss of institutional memory will outweigh any savings from the four entities – even in the long run.

And for stormwater in particular, establishing separate, new, additional water entities for stormwater will create yet more silos and soak up the already scarce human resources from local and regional government. These practitioners would be better utilised by supporting integrated land and water planning within existing and modified structures arising from local government and resource management reform. This would enable the new resource management legislation to deliver better and more cost-effective wellbeing outcomes for our wai and our communities.

Below we explore the connections between:

??????drivers of the need for change;

??????resource management, climate change, local government and infrastructure reforms; and

??????how these could deliver their desired outcomes, respectively and collectively, building on the online, real-time, interactive tools now available to us.

We conclude with a possible way forward for integrating te oranga o te taiao and te mana o te wai, a way that will emerge when we better understand the value, opportunities and possibilities of our existing practice, professional training and the Internet of Things.

1.?????CONTEXT

Multiple Government reforms are reshaping resource management, climate change response/policy, local government, environmental, water and infrastructure management. Experience through practice, tends to indicate all of these are logically interconnected, however, it would seem that the proposed reforms and work to date indicate limited recognition of or accounting for this interconnectedness.

The Three Waters management drivers with respect to data, policy, compliance, performance and operation have not been extensively socialised, nor has their influence on work to date been defined. This seems of primary importance in terms of framing solutions to the driving issues.

In addition, the reforms are progressing amidst major global changes affecting and disrupting all sectors of our communities and stretching our limited capacity and capability.

This paper provides a perspective of the reforms, particularly related to potential wellbeing outcomes for the environment and our communities. While it is focused on catchment, environment and stormwater management, from a practitioner viewpoint, many aspects discussed have more general applicability.

1.1????Our mission – a practitioner-led discussion

We as practitioners came together to consider our points of view on matters related to the Three Waters reforms. During our discussions and collaborations, it became clear that to best serve industry and the community at large, our shared understandings needed to be cogently assembled and communicated to our peers.

From these shared understandings, we have developed a response to the initial needs analysis of the water reform initiatives and to the Three Waters reforms that have resulted. Our view draws upon the wide body of knowledge that we, as water practitioners and leaders, retain and draw upon to meet the business needs of managing water in all its facets.

Our mission is to initiate the meaningful, objective conversation generally sought by water practitioners and the wider community. We want to support robust discussion so as to support practitioner-focused solutions that give full effect to all legislation and policy relating to te Mana o te Wai and te Oranga o te Taiao.

1.2????Te ao Māori

The draft Built and Natural Environment Bill (proposed to replace a substantial part of the Resource Management Act) has a fundamental purpose of upholding Te Oranga o te Taiao.

Te Oranga o te Taiao incorporates:

(a) the health of the natural environment; and

(b) the intrinsic relationship between iwi and hapū and te taiao; and

(c) the interconnectedness of all parts of the natural environment; and

(d) the essential relationship between the health of the natural environment and its capacity to sustain all life.

Te Mana o te Wai is the fundamental concept included in the National Policy Statement for Freshwater Management 2020 and is defined as:

‘a concept that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and well-being of the wider environment. It protects the mauri of the wai. Te Mana o te Wai is about restoring and preserving the balance between the water, the wider environment, and the community.’

It encompasses six principles: mana whakahaere, kaitiakitanga, manaakitanga, governance, stewardship, care and respect.

Te Mana o te Wai is also characterised by a hierarchy of obligations that gives first priority to the health and wellbeing of water bodies and freshwater ecosystems, followed by the health needs of people, with the ability for people and communities to provide for social, economic and cultural well-being over and above these things being third priority.

Jointly these fundamental purposes and concepts powerfully embed a Māori world view front and centre, in our current and proposed legislation. It is encouraging to see a widespread interest from practitioners in understanding and adopting the concepts in their thinking and discussion. This is not surprising given the alignment with well-established thinking from many water practitioners.

1.3????Three waters and other reforms

Water reform has proceeded in advance of the many related environmental, local government and infrastructure reforms. The establishment of Taumata Arowai provides a great platform to enable the establishment of much needed regulatory oversight of water infrastructure, performance and outcomes, particularly as its legislation also includes recognition of te Mana o te Wai.

In our view it is unfortunate that the water reform has been driven from a water supply perspective and that the proposed structural (four entities) solution has likewise focused on water supply, drinking water safety and infrastructure funding without due consideration for wider issues and outcomes, particularly those encompassed by stormwater. We acknowledge that this may have been a risk-driven response, but question many of the key principles and assumptions apparently leading to this focus.

While the analysis below focuses on stormwater, we believe the proposed principles also apply to potable and wastewater, and in fact to wider environmental management.

1.4????What actually is stormwater?

‘Stormwater’ is a human construct interpolated into the hydrological cycle, which encompasses all phases, movements and bodies of water. What we call ‘stormwater’ is a hydrological outcome of land use decisions.

Stormwater is simply the product of rainfall runoff. Rainfall runoff depends on land cover and land use, from native forest to impervious industrial areas. Piped urban stormwater networks are only a small part of catchment-wide surface and underground water bodies and our ultimate coastal receiving environments. It is poor land use decisions that lead to unsustainable impacts on these. Rainfall runoff therefore needs to be managed at regional, iwi, local and community levels and is thus far more intricately involved with resource management reform than it is with three waters reform.

Keeping stormwater within the four entities will create more institutional barriers and will make stormwater management even more complex, expensive, inefficient and ineffective than it is now.

Water supply and wastewater services infrastructure has similarities to stormwater infrastructure, but also fundamental differences. It’s the awa, the waterways, which form part of a network of natural and modified (culverted, piped or channelized) flow paths, some flowing intermittently and others permanently, that makes stormwater different.

It is poor land use decisions and planning that lead to unsustainable land practice impacts e.g., industrial land use pollution on streams and harbors, related to the quality and quantity of stormwater runoff.

Stormwater and multiple related practitioners practice across land and water sectors. It is therefore vital to address resource management, Three Waters and related reforms in a fully integrated and a system orientated way, to meet the complexity of the challenge. We find it hard to see a direct relationship between the shape of the water reforms so far, and longstanding issues of which stormwater and other water practitioners are well aware.

Below we define these issues and their root causes, with the aim of ensuring that the next steps in the reform process draw a direct line between the issues, the espoused outcomes of the Government’s Three Waters and other significant reforms, and the actual mechanisms that will address the issues and deliver the necessary outcomes.

1.5????Integrated catchment management – a potential never fully realised

We believe that the potential of integrated catchment management planning to deliver wellbeing outcomes for all waters, especially at the macro receiving environment scale, has never been fully realised. evidence for this is that homes have continued to be built on floodplains and areas at risk of coastal inundation and sea level rise; that land uses inimical to the underlying aquifers continue to be permitted; and that stormwater practitioners continue to be last in line for comments on development plans rather than first.

There are good people working hard to accommodate stormwater within the three waters model. This work fits more logically within and should be move to the RMA and local government reform workstream.

We see iwi co-governance as part of truly integrated catchment management planning. One of us (Clare) was involved with the ground-breaking 1987-1990 Manukau Harbour Action Plan, which was developed in response to Tainui’s Wai 2 Claim, led by the inspirational late Dame Nganeko Minhinnick. The Action Plan allocated research and action funding to Tainui, supporting a genuinely integrated approach to managing Manukau Moana.

Difficulties with iwi involvement most often arise from lack of capacity for iwi to respond to the volume of work and the lack of capability of pakeha trying to engage in a timely and appropriate manner. This is also often true for community groups. It is vitally important to provide sufficient resourcing of both parties if we are to give effect to te mana o te wai and te oranga o te taiao.

For stormwater in particular, operating from within separate, new, additional water entities will create yet more silos and soak up human resources that would be better utilised by providing better support for integrated land and water planning, to enable it to deliver better and more cost-effective wellbeing outcomes for our wai.

Interested to know more about best practice integrated catchment management planning? Check out the references at the end of this article.

2.???????ROOT CAUSES OF ISSUES DRIVING THE REFORM

The problems besetting much of our water sector stem from two categories of root causes: governance issues and conceptual splits.

We see six key Governance Issues:

1. chronic underfunding of core local government roles;

2. chronic underinvestment in growing water sector capability and capacity, since long before the current acute skills shortage (digital transformation steps);

3. lack of or limited integrated water and land use planning and implementation, and the associated lack of national outcomes and practice guidance;

4. ongoing erosion of local and organisational knowledge and memory due to structural reforms, organisational change, inadequate training and demographic change;

5. lack of outcome evaluation in terms of wellbeing performance benchmarks; and

6. lack of consistent compliance monitoring, causal analysis and generous targeted support for those struggling to deliver desired outcomes.

Just as serious, the other significant underlying root causes are Conceptual Splits that have bedevilled the successful management of land and water, especially the lack of:

7. understanding of and commitment to the vital importance of managing land use to achieve sustainable outcomes for fresh waters, including mitigation of environmental degradation and effective management of flooding and contamination;

8. integrated management of rural and urban land uses in a given catchment, as shown for example in the divisions between urban and rural soil and water professionals;

9. integrated catchment management with the management of saline waters for estuarine and wider coastal outcomes, such as in the Hauraki Gulf Marine Park; and

10. lack of cross-cutting, transdisciplinary, silo-transcending intra- and inter-agency management systems and processes for cost-effective stormwater management.

These issues have combined to produce aging and underperforming assets; low industry capability and capacity; un-integrated thinking between land and water managers; and poor environmental, social, cultural and economic outcomes for all New Zealanders.

2.1??????Studies, reports and players framing the reform

Major studies and reports have summarized issues and solutions, but have focused strongly on underfunding, without adequately addressing the many other issues outlined above.

Equally seriously, the underlying assumptions, data, conclusions and recommendations in these reports appear to lack sufficient connection to the ‘body of knowledge and practice’ available locally through experienced multidisciplinary practitioners, iwi and the community.

The reports also appear to lack comprehensive connection across the multitude of inter-related land and water management issues: they centre on enabling funding of infrastructure as the paramount goal, with little regard for the broader drivers, costs and benefits associated with the Government’s wider environmental reform programmes or the four wellbeings. As an example, there is a lack of cross-cutting through all the high-level issues and opportunities noted above, especially with respect to:

·??????integrated management of whenua and wai;

·??????identifying opportunities to deliver on this;

·??????recognition of the unique role of stormwater in both the above; and

·??????a strategic and well-funded digital strategy to lift industry capability, capacity and productivity across management of all waters by planners, engineers, ecologists, economists and the many other disciplines around sustainable water management.

2.2??????Water reform from a stormwater perspective

The Three Waters reform is primarily focused on the issues related to drinking water and wastewater infrastructure, and almost as an afterthought adds in consideration of stormwater via a poorly defined network component which assumes that stormwater only occurs in pipes.

The reports and draft legislation to date, within the water reform programme, show a significant lack of understanding or recognition of catchment management, land use management, stormwater management, freshwater management, estuarine and coastal management or land use management.

Giving effect to te mana o te wai is a great objective, but fundamentally cannot result from cutting out of the catchment, the publicly owned piped portion of the stormwater network. Te wai does not distinguish between being below ground, in a flow path, a stream, a road culvert, a private pipe, a council pipe, a river, an estuary or the moana.

Te Wai is impacted differently and collectively by all of these changes and by land use. It is also impacted by water extraction (including drinking water supply extraction), and by wastewater discharges via many paths of interaction.

Work is now under way by the Stormwater Reference Group to address many of the issues outlined in the June 2021 report (1) of the Stormwater Technical Working Group (STWG). However the frame of reference continues to be on the basis of delivery being primarily through the proposed water entities.

Integrated management of land and water (kaitiakitanga) is already challenging, with multiple agencies, roles, responsibilities and gaps. Extracting a small proportion of the ‘Wai knowledge network’ into four large entities across the Motu, establishes yet another set of complex interfaces. Despite the optimism of the proposed way forward there is much to be learned from recent past experiences of reform.

2.3??????Recent experience of relevant reforms

Our lived experience with past reforms is that the costs of workforce dislocation, creation of additional entities and loss of institutional memory have outweighed any savings from restructurings – even in the long run.

i)??Abolition of the MOWD and the DSIR

Abolition of the Ministry of Works and Development (MOWD) resulted in the loss of its Water & Soil Division, with its user-focused (that is, Water Boards and Catchment Authorities) research and training and cadetship programmes; as well as its sister, the Town and Country Planning Division, and its close links with ?water, soil and development.

The breaking up of the Department of Scientific and Industrial Research (DSIR) created a number of separate water and soil-related Crown-Research Institutes (CRIs) for councils to deal with, and eventually led to a competitive research model that reduced the amount of time researchers could spend on research. It also resulted in the CRIs conducting research that benefitted individual councils rather than the whole local government sector.

ii)?The reform of the Resource Management (RMA) legislation

Page 6 of the July 2021 Randerson report (2) on the reform of the RMA report reads:

“While the legislative changes we propose are vital, we emphasise that the success of the new resource management system will depend critically on the capacity and capability of all those involved in it. It is essential that substantially increased funding and resources be provided by both central and local government if the objectives of the new system are to be realised. The failure to provide sufficient resources and build capability has been one of the more important reasons for the failure of the RMA to deliver the results intended.”

Resourcing of any and all transitional and establishment phases of both the new resource management and local government legislation must avoid such massive costs and loss of traction as we have suffered in the past.

iii) Auckland Council and its CCOs 2010

Another clear and relevant example of reform was the creation of Auckland Council in 2010 and its associated CCOs, Watercare and Auckland Transport:

·??????Auckland Council's roles and responsibilities include land use, water quality and stormwater management and oversight of CCOs;

·??????Watercare’s roles and responsibilities include water supply and wastewater; and

·??????Auckland Transport’s roles and responsibilities include a stormwater management component.

A review of Auckland’s CCOs was completed in 2020 (3). Both the report and the lived experience of the authors of this paper show that in the eleven years since the amalgamation of Auckland’s councils, much has been achieved – but much is yet to be resolved including, critically, the interface between the CCOs and Auckland Council at a number of levels including community engagement, operational, cultural and strategic alignment and effective governance accountability.

In addition, from a practitioner perspective, the change process was very costly in terms of lost productivity over an extended period, loss of body of knowledge and skilled practitioners from the legacy council organisations, creation of a structure and culture of silos, and many years of limited and ineffective processes and systems for staff to utilise. These issues have all been exacerbated by frequent and disruptive restructuring, the loss of still more experienced staff and the associated institutional memory, and inadequate training of new staff.

We must learn from such past deficiencies and unintended consequences or we will once more squander our opportunities to do better, at a time when it has never been more important to succeed.

3.?????STORMWATER: THE NEXUS OF LAND & WATER PLANNING

The frame of reference for the STWG was to provide guidance on how to transition stormwater into the Three Waters Entities. Its 2021 report (1) arrives at many of the same concerns about stormwater, land use and catchment planning raised by the Auckland Council at its Governance Body meeting of 23 September 2021 (4).

We agree with many of the concerns raised by Auckland Council and the STWG.

?Our main stormwater-related elements of concern are:

1.????The complexities of managing land use, stormwater and catchment planning may be reduced by careful local government reform, but most certainly will be exacerbated by attempting to extract built stormwater networks out of local government land use and stormwater management and placing them in with the proposed Three Waters Entities.

2.????The professional resources required for stormwater and catchment management are very multi-disciplinary and scarce. If the engineering component of these resources are largely relocated to the Three Waters Entities, there is a significant risk that local and regional government functions and performance, related to land use, wider stormwater management and catchment management, will suffer badly, both short term and long term.

3.????The intent that the Water Entities will provide the required engineering expertise back to Councils raises question marks, particularly in light of the experience with the amalgamation of Auckland’s councils and the establishment of CCOs. Even in the country’s smallest region, just 2% of the nation’s land area, the difficulties of co-ordinating plans and outcomes across Council and just two of its CCOs have so far proven largely insurmountable. We seriously question how the creation of four even bigger entities will solve this problem.

4.????The intimate interweaving of land use planning with catchment management and three waters management – especially stormwater – means that, if the Water Entities include a component of stormwater management, the councils will need to duplicate some engineering and other stormwater-related capabilities in order to provide resources for the retained stormwater management functions, and to provide oversight of the functions being carried out by the Water Entities. This will intensify the current severe shortages of engineering staff capability and capacity that many councils, are currently experiencing.

5.????Remember that our largest city, Auckland, straddles two major inner city harbours; the Manukau and the Waitematā. Both these taonga receiving environments have large rural as well as urban catchments, while the effects of Auckland’s urban growth are also expressed in the southern Kaipara Moana. This makes truly integrated catchment management planning (ICMP) vitally important, framed around te mana o te wai and te oranga o te taiao. Yes, such plans may provide for elements of stormwater pipe operation and maintenance to could be contracted out to the ‘Two Waters’ managers – however, potable and waste waters still need to be considered in ICMPs.

6.????The reported underinvestment in stormwater infrastructure may not provide a complete, reliable or realistic understanding of the state of existing stormwater infrastructure or future requirements, given the limited knowledge of both these.

These concerns are closely aligned with those we have set out in 2.3 above.

4.???????AN ALTERNATIVE WAY FORWARD FOR STORMWATER AND CATCHMENT MANAGEMENT

Mā pango mā whero ka oti te mahi. If worker and chief pull together, the job is done

In our opinion, the fundamental and crucially important work needed to comprehensively consider options for transforming how we manage land use, stormwater, catchments and fresh and saline waters across Aotearoa has not yet been done.

This can only be done through a far more robust process including consideration of policy related to land management, climate change, environmental management, and delivery mechanisms including central and local government roles, responsibilities, capabilities and capacities.

An essential component of such a process must address the closely linked reviews of:

·?????the Resource Management Act (RMA) through the draft Built and Natural Environment Bill, incorporating the concept of te Oranga o te Taiao; and

·?????the draft legislation and proposal related to the Three Waters Reform, incorporating the concept of te Mana o Te Wai; and

·?????the roles, responsibilities, funding and structural changes being considered for local government reform.

Related initiatives to be addressed include climate change, infrastructure and productivity.

There are many assumptions, gaps, and unresolved issues in the work to date in the Three Waters Programme. Meaningful input by a wider range of practitioners experienced in this field in Aotearoa is an essential piece of work needing to be done.

In particular, as experienced stormwater practitioners, we hold a strong collective opinion that the following significant matters of concern must be fully considered and addressed within the context of the interrelated reform programmes:

1.????????legislation;

2.????????nation-wide requirements;

3.????????catchment and macro-receiving environment approach;

4.????????whakapapa of knowledge;

5.????????best practice;

6.????????funding;

7.????????optimising funding and outcomes;

8.????????professional capability and capacity;

9.????????outcome monitoring and reporting;

10.?????role of Taumata Arowai;

11.?????practitioner involvement; and

12.?????digital transformation.

?1.????Legislation

Stormwater, land use and catchment planning are intrinsically related and must be managed consistently through nested legislation and governance at appropriate scales. Stormwater must therefore be moved from Three Waters into RMA legislation because the Three Waters legislation does not relate to strategic decisions about land use, whereas the new resource managment legislation does. .

2.????Nation-wide requirements

There is a need for national standards, national data, national processes, national training programmes and national funding to enable effective implementation, particularly given the varying geographical size and population base of local and regional authorities and the relatively small population of New Zealand.

3.????Catchment and macro-receiving environment approach

There is a need for catchment-scale and catchment-wide work to continue through catchment-based organisations, primarily through regional and local government, mana whenua and community-based organisations. Catchments also work at nested scales, where lakes and harbours form macro catchments made up of the many smaller stream, wetland, groundwater and river basin subcatchments discharging into them. Such macro receiving environments receive all the water quality and water quantity effects of their contributing land uses.

4.????Whakapapa of knowledge

There is a long history of progress, challenges and body of knowledge around the motu that needs to be recognised, respected, retained and nourished. A nationally available knowledge management system of mātauranga Māori, engineering, natural science, data science and other knowledge is needed to preserve and make readily accessible the knowledge that is too easily lost. There are also emerging principles and processes for iwi and hapū to maintain sovereignty over their data.

5.????Best Practice

Collectively the above elements of a proposed way forward can be gathered into a comprehensive and effective set of best practice tools, methods and processes, able to be applied and further developed as new knowledge and innovations emerge.

6.????Funding

The chronic underfunding of plans referred to earlier in this paper was extensively assessed in a 2014 PhD thesis (5). It found (Ch 10) that the primary cause of successive failures of plans for Auckland over a 50-year period reflected a significant difference between New Zealand’s and Scandinavian nations’ funding for local vs central government; councils in New Zealand received 10% of their funding from central government while Scandinavian nations received anything from 70-90% from central government.

Moreover, the funding and timelines needed for effective stormwater and catchment management require a fundamental reassessment, using multi criteria, life cycle and wellbeing cost/benefit analysis, and taking account of the criticality of infrastructure and natural assets, recent and emerging ways of managing stormwater and its impacts (both in terms of quantity and quality), condition of existing engineered and natural assets, as well as alternative approaches such as managed retreat and land use change scenarios.

While the above is a big task, the benefits in gaining a comprehensive understanding of the situation will be fundamentally important in guiding appropriate structural and non-structural changes and achieving the desired outcomes.

Fortunately, we are at a stage of very significant recent advances with technology, innovation, online collaboration and availability of big data, which enable a previously prohibitive exercise to be very manageable.

7.????Optimising funding and outcomes

Coupled with the above analysis of funding requirements, there is an equally significant opportunity to put in place processes that enable substantial improvement in collection of development contributions from growth developments to account for growth-related infrastructure and environmental impacts within a catchment, using current regional and local government powers. Some Councils use these instruments to a limited extent, including Auckland Council and more recently Hamilton City Council. Many Councils do not utilise these instruments at all, such as Whangarei District Council. Overall, there is a large opportunity to increase funding ability materially and sustainably.

There are robust, peer reviewed processes in place to achieve optimisation of stormwater development contributions, along with many other significant benefits. These can be rolled out across the country to provide benefits on the ground through effective planning and scoping of mitigation, renewal and improvement works. Such processes are already in place and operating successfully for e.g., Hamilton City Council.

There is also potential to explore and put in place other funding sources including impervious surface area levies, to effectively bring about payment, by users/owners for the costs of mitigation of stormwater impacts.

In addition, we are now deploying technologies that deliver interactive, online, real time catchment management planning. This ‘Internet of Things’ approach significantly enhances the capacity and capability of councils big and small to actively engage with communities, iwi and hapū, consultants and contractors in an ongoing way that delivers more timely, cost-effective and sustainable outcomes for land use planning and water management.

8.????Professional capacity and capability

There are limited professional resources available in the water sector in Aotearoa and they are increasingly multi-disciplinary. Within the civil and environmental engineering profession alone, resources are stretched for local government, regional government, consulting and contracting organisations both in cities and regional areas. This situation is unlikely to be relieved anytime soon, given limited immigration and a significant cohort of practitioners in the advanced stages of their careers. Given this situation, and the efficient tools, processes, technology and data now at hand, there is both a huge opportunity and need to provide effective career-long training of practitioners, starting with a ‘train-the-trainer’ approach to funding our scarce experts to lift the capability of their industry peers to meet the challenges we face. Again, this is best provided under a national, government-funded programme developed, delivered and evaluated in alliance with tertiary providers and professional organisations.

9.????Outcome monitoring and reporting

Practitioners will be at the forefront of monitoring and reporting on the delivery and outcomes of the Government’s three waters, RMA and related reforms. A national strategy needs to be developed with full involvement of practitioners in order to ensure this is practicable and cost-effective and allows the Government to measure progress towards its wellbeing objectives.

10.????Role of Taumata Arowai

An extended scope of the functions, capacity and funding for Water New Zealand and Taumata Arowai may provide a suitable vehicle for development and oversight of such a training programme. Taumata Arowai may also be an appropriate vehicle for oversight of nationwide standards, data and processes related to stormwater and catchment management.

11.??Practitioner involvement

We recommend that there is meaningful leadership and involvement from a representative team of experienced multidisciplinary catchment and stormwater planning and management professionals in all significant matters of concern discussed above, together with professional training experts. This mahi is important and we recommend the team is drawn from individuals recommended by experienced peers within catchment and stormwater management roles within Regional and Local Government. Furthermore, it is important that such involvement is not constrained by terms of reference that limit the outcomes to delivery by the Water Entities alone.

12.??Digital transformation strategy

The intrinsic and intimate connection between rainfall runoff, land use and cultural value, means that the fundamental unit of planning and management of both natural and built environments, must be at the catchment level.

This includes surface and underground waters, together with their freshwater and coastal receiving environments. To manage complex infrastructure and natural systems, it’s essential to build the wider water sector’s capability and capacity. Access to high quality digital information or workflow software is not standard throughout industry; this offers an opportunity for a digital strategy to deliver more cost-effective water management.

The rapid evolution of new technology and exponential growth of data and ability to access data can solve many issues including staff capacity and community engagement, by using geospatial, artificial intelligence and emerging software and optic technologies.

Auckland Council’s Freshwater Management Tool is a good and evolving example.

Furthermore, a geospatial platform would dramatically improve the ease of communication between multiple parties by enabling a place-based focus.

Such a transformative digital capability and strategy would need to be nationally integrated. This would include setting up a representative, fit-for-purpose national digital data library with open-source functions, tools and software for catchment planning and management, for water practitioners to use.

5.???????CONCLUSIONS

We as practitioners came together to consider our points of view in matters related to the Three Waters Reforms. During our discussions and collaborations, it became clear that to best serve industry and the community at large, our shared understandings needed to be cogently assembled and communicated to our peers, to help form conclusions on a sustainable way forward.

The functional and technical underpinnings of the current system of Three Waters management in New Zealand, from a data, policy, compliance, performance, and function perspective, has not been adequately considered, nor have the system elements been effectively defined in terms of their relationships (e.g., compliance monitoring feedback to meaningfully inform policy is often poor).

A fundamental shift of thinking and practice is required to enable delivery of outcomes that give effect to the dual concepts of te Oranga o te Taiao and te Mana o te Wai. This will require a digital transformation to a new geospatial and dynamic information management environment, through adoption of current and emerging technologies and digital tools.

The core work to comprehensively consider options for transformation of how we manage land use, stormwater, catchments and fresh and saline waters across Aotearoa has not yet been done, but many water industry practitioners see the Government’s many reforms as a tangible opportunity to achieve this to the highest standards.

The proposed Water Reform solution of a structural model of four large Water Entities risks overlooking the complexities inherent in the management of land use, stormwater, catchments and fresh and saline waters across multiple laws, policies and agencies.

Furthermore, the implementation of the proposed Water Reform involves significant risk of unintended consequences including:

·??????loss of connection and accountability to local communities; and

·??????a siloed approach to water management resulting in lack of integrated land and environmental management.

There is much that can be achieved in the short to medium term for stormwater and catchment management without implementing a structural solution.

A comprehensive approach to nation-wide standards, data, processes, best practice, training, funding, and innovation delivered, through existing agencies, would enable significant gains in efficiencies and outcomes.

Active involvement of multidisciplinary practitioners experienced in land, water and environmental management and industry capability is vital for achieving outcomes.

We hope that our paper can support practitioner-focused solutions where there is alignment with the dual concepts te oranga o te taiao and te mana o te wai. We see the fundamental importance of water as core to best practice and sustainable outcomes for all.

Links

See our short post and root cause diagram at https://www.dhirubhai.net/posts/clare-feeney-b96926b_why-stormwater-must-go-out-of-three-waters-activity-7006813375842193409-8XO3

An excellent September 2021 interview with former Watercare Chief Executive Garry Law:, https://www.rnz.co.nz/national/programmes/ninetonoon/audio/2018813969/deadline-looms-for-local-councils-feedback-on-3-waters-reform

Fixing our skills shortage: what are our most vital missing ingredients? https://esst.institute/fixing-our-skills-shortage-what-are-our-most-vital-missing-ingredients/

Bring back the Ministry of Works and (Sustainable) Development! https://esst.institute/bring-back-the-ministry-of-works-and-sustainable-development/

?Acknowledgments

We thank Water New Zealand for the opportunity to present our paper at the 2022 Stormwater Conference and for allowing us to present an updated version here.

Check out some seminal reports on integrated catchment management here: https://www.zealandia.eco/blog

In our discussion of digital tools, Zealandia acknowledges the cutting-edge work of clients with whom we’ve been privileged to work, including Hamilton City Council, Whangarei City Council and Auckland Council.

?About the authors

Barry Carter is a chartered civil engineer with over 40 years’ experience in Local Government and various consultancies, largely based in the Auckland region. He is Principal Engineer with Zealandia Consulting working with clients and collaborators across Aotearoa, particularly in the area of catchment and stormwater management.

Damian Young is an Environmental Engineer and science manager, who has woven a multi layered approach into his professional and business ventures. His clients are represented across multiple industries and sectors across Australasia. As an Environmental Engineer, he has led in Environmental Science and Infrastructure Management, across New Zealand. He is a businessperson and Director for 21 Years, and is currently the Managing Director of Zealandia Consulting.

Clare Feeney is a strategic environmental trainer, helping environmental experts in business and government provide great training. She is the founder of the Environmental and Sustainability Training Institute and Director of Environmental Communications Ltd. She is a professional speaker on business, economics and the environment and her past technical work has focused on catchment management and business sustainability.

?References

1.??Stormwater Technical Working Group (STWG) (2021) See the June 2021 report here: https://www.dia.govt.nz/diawebsite.nsf/Files/Three-waters-reform-programme/$file/stormwater-technical-working-group-transition-plan-report-25-august-2021.pdf .

2.??Resource Management Review Panel (2020) New Directions for Resource Management in New Zealand. A report by an independent panel chaired by retired Court of Appeal Judge, Hon Tony Randerson, QC. July 2020.

3.??See the 2020 review of Auckland’s CCOs here: https://knowledgeauckland.org.nz/publications/review-of-auckland-council-s-council-controlled-organisations-report-of-the-independent-panel/ .

4.??Auckland Council (2022) See the report here: https://ourauckland.aucklandcouncil.govt.nz/media/uwlh0s0s/cco-review-final.pdf . See Item 11 of the Council’s Governance Body meeting of 23 September 2021 in the agenda at https://infocouncil.aucklandcouncil.govt.nz/RedirectToDoc.aspx?URL=Open/2021/09/GB_20210923_AGN_10140_AT.PDF and the minutes at https://infocouncil.aucklandcouncil.govt.nz/RedirectToDoc.aspx?URL=Open/2021/09/GB_20210923_MIN_10140.PDF.

5.???Mark N Davey (2014) The promise of spatial planning in Auckland's new 'Super-City': rhetoric and reality. A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy, the University of Auckland, 2014. Identifier: https://hdl.handle.net/2292/23943 .

Taumata Arowai Department of Internal Affairs (NZ) Ministry for the Environment | Manatū mō te Taiao #ThreeWaters #RMA #IOT