Upston Louise: Questions for Oral Answer — Questions to Ministers 
Upston Louise: Questions for Oral Answer — Questions to Ministers 
[Volume:672;Page:18470] 
4. 
LOUISE UPSTON (National—Taupo) 
 to the  
Minister for the Environment 
: What steps has the Government taken to improve the management of fresh water and how does this compare with actions taken historically? 
Hon Dr NICK SMITH (Minister for the Environment) 
: 
 Yesterday the Government announced a national policy statement on freshwater management that will require all councils to set limits on both water quality and minimum flows. This is the third national policy statement adopted by this Government compared with just one in 9 years under each of the previous Governments since the Resource Management Act was enacted. We have also announced increases in freshwater clean-up funding which will see this Government in its first 5 years spend five times as much as was spent in the preceding 5 years on clean-ups. We have doubled the fines for non-compliance. We have increased by doubling it the number of consent non-compliance prosecutions. A clear national policy increased funding for clean-ups and tougher enforcement combine the key ingredients to making sure we manage our rivers and lakes properly. 
Louise Upston 
: How does the Government’s reform package fit with the Bluegreens objective of balancing economic growth with environmental protection? 
Hon Dr NICK SMITH 
: This Government sees New Zealand’s abundant freshwater resources as an important competitive advantage for New Zealand. It looks to schemes like the Opuha built in the 1990s as a good example of the way in which well-designed and balanced schemes can provide both economic and environmental benefits. That is why the Government yesterday announced funding of $35 million for ensuring that schemes are well designed and for getting them to an investment-ready stage and announced the proposal of $400 million of equity investment to support water storage. New Zealand uses only 2 percent of its total water resource and the challenge is to store water when plentiful in order to use it in times and areas of drought. 
Brendon Burns 
: Given that his Cabinet paper on the national policy statement on freshwater says that though councils are to implement it by December 2014 “if it is impracticable to meet this deadline” councils will have until December 2030 does that not mean it will be 16 long years before our birthright of safe clean water has any real chance of being restored? 
Hon Dr NICK SMITH 
: No that is incorrect. In fact those parts of the national policy statement are exactly those that were recommended by the board of inquiry about the practical time frame. I simply ask members opposite to reflect on the progress we have made in 3 years. Not one single step was taken by the previous Government in respect of a national policy statement on fresh water which I think most people including a broad group of 58 groups say is overdue. 
Brendon Burns 
: Will the Minister confirm that whereas the draft national policy statement required conditions be imposed on all discharge permits affecting fresh water to protect the environment his version simply requires councils to have regard to any adverse effect; and did he have to be waterboarded by the pro-growth cabal in Cabinet before he agreed to this weakening of environmental protection? 
Hon Dr NICK SMITH 
: I will share with the House the specific advice that I received from the Ministry for the Environment. It said that these provisions are ultra vires because a national policy statement can contain only objectives and policies. They would also be unenforceable because only a rule in a plan or a provision in the Resource Management Act can require any person to get a consent for a specific activity. They would also create an internal conflict between the approach that is taken in plans and the national policy statement. Those are the reasons that the Government changed those portions of the board of inquiry report. 
Brendon Burns 
: I raise a point of order Mr Speaker. Can I ask that the Minister table that advice please? 
Mr SPEAKER 
: Sorry was that a point of order? 
Brendon Burns 
: Yes Mr Speaker. I have asked whether the Minister will table that advice from the Ministry for the Environment. 
Mr SPEAKER 
: No the member can make that request only if the Minister is quoting from an official document. I will check with the Minister. The Minister was not quoting from an official document. 
Dr Russel Norman 
: Will the Minister release the legal opinion on which the Ministry for the Environment’s advice that the provisions are ultra vires is based? 
Hon Dr NICK SMITH 
: As is the longstanding convention of Cabinet I would be happy to consult the Attorney-General and see whether there are any legal risks. Subject to the advice of the Attorney-General that it does not pose any legal risks for the Crown I would be more than happy to release that advice.