Waikato-Tainui concerns about the proposed Water Services Bill

Waikato-Tainui is concerned about parts of the proposed Water Services Bill and wants to ensure that: (a) the proposed Bill does not adversely affect the rights, interests, responsibilities and opportunities of Waikato-Tainui (including, but not limited to, the arrangements established under the River Settlement and the Settlement Act);

(b) the principles that underpin the River Settlement and the Settlement Act are recognised and upheld under the Bill;

(c) related to the above, the Bill enables our marae to exercise their mana whakahaere on issues relating to them; and

(d) the Crown’s obligations under Te Tiriti o Waitangi and its principles are upheld under the Bill, including in the exercise of all powers, functions and duties under the Bill.

WAIKATO-TAINUI CONCERNS REGARDING LACK OF CROWN ENGAGEMENT

11. Waikato-Tainui supports the need for reform to New Zealand’s drinking water regime. The Bill proposes to replace Part 2A of the Health Act 1956 with a stand-alone Act which will comprehensively reform the drinking water regulatory system and improve the regulation and performance of wastewater and stormwater networks.

12. Waikato Tainui agrees that regulatory changes are needed and understand that the intent of the Bill forms part of the Government’s overall approach to the ‘Three Waters’ review which is intended to:

• provide leadership;

• strengthen compliance, monitoring and enforcement;

• manage risks to drinking water and source water safety;

• ensure access to safe drinking water; and

• lift performance and transparency of environmental standards.

13. That said, Waikato-Tainui considers that any legislative reforms to achieve those outcomes must be progressed in accordance with the Crown’s obligations under Page 4 Waikato-Tainui – Response to Water Services Bill (March 2021) the River Settlement and Settlement Act and, more generally, under Te Tiriti o Waitangi.

14. Waikato-Tainui considers that the process that has been followed in developing the Water Services Bill (and, in fact, the process for the Three Waters reforms as a whole) has not been conducted in good faith, in accordance with the principles of co-management, or consistently with the Crown’s obligations under the River Settlement, the Settlement Act and Te Tiriti o Waitangi.

15. A cornerstone of the Settlement is that both Waikato-Tainui and the Crown have committed to enter into a new era of co-management. This includes the highest level of good faith engagement and consensus decision-making as a general rule, while having regard to the statutory frameworks and the mana whakahaere of Waikato-Tainui (and other Waikato River Iwi).

16. Consistent with the principle of co-management, the River Settlement and Settlement Act specifically require the Crown to engage directly with Waikato-Tainui at an early stage when developing any legislation or policies, or making any decisions, affecting the Waikato River, which includes all matters concerning our wai and related environs. The Crown has failed to do this.

PLEASE READ THE ATTACHED DOCUMENT ABOUT THE HIGHLIGHTED CONCERNS OF WAIKATO TAINUI