Federated Farmers say they do not oppose specific water allocation for Māori economic wellbeing, but they want to see TANK policy language consider the entire community. Photo / NZME
Commercial and private interests are fighting aspects of a major Hawke's Bay water plan, with Federated Farmers calling for the deletion of a section that relates to tangata whenua wellbeing.
Hawke's Bay Regional Council's Tank Plan Change 9 is an extensive regional resource management plan for the Heretaunga Plains' main rivers - the Tūtaekurī, Ahuriri, Ngaruroro and Karamū catchments (hence the name Tank).
The plan, years in the making, aims to reform water allocation and quality policies and rules and was reviewed by an Independent Hearing Panel in 2021.
The panel's decision report was released in September and the opportunity for the hearing submitters to appeal the decision opened up.
A total of 15 appeals representing the interests of at least 20 different groups, including mana whenua, oil companies, winegrowers, local councils and farmers, were submitted to the Environment Court by the October 26 deadline.
Federated Farmers was among those, appealing against sections of the plan change relating to use of production land, water takes and limits, climate change, farm plans, wetlands, stormwater, water quality and more.
The group is also appealing to delete a policy, Tank policy 58, which says the council must take Māori wellbeing into account when looking at resource consent applications to take and store high-flow water.
Along with that, they request revisions to Tank policy 57 and Tank objective 14 within the plan change, which are related to the take and storage of high-flow water for Māori development and wellbeing.
Tank policy 58 dictates that the regional council must take into account whether there is still water available to be allocated to the development of Māori wellbeing, and if it is feasible for Māori development to be incorporated into the application when making decisions about resource consent applications to take and store high flow water.
One of several aims under Tank objective 14 is that the allocation and use of water should result in the development of Māori economic, cultural and social wellbeing.
"The RMA is an effects-based regime which is not suited to distinctions between groups of people. Water allocation should be based on effects only," Federated Farmers' appeal reads.
Tank policy 57 reads that the regional council will allocate 20 per cent of total high-flow water Ngaruroro or Tūtaekurī River catchments for contribution to environmental enhancement, for domestic use at marae and papakāinga, the development of land returned to a Post-Settlement Governance Entity through a Treaty settlement or use that includes a contribution to a fund for development of Māori wellbeing.
"Reserving a portion of high-flow allocation for Māori Economic Development is likely to disincentivise investment in water storage infrastructure required for increased climate change resilience," Federated Farmers' appeal reads.
The Federated Farmers appeal suggests rewording Tank policy 57, removing all references to Māori wellbeing and replacing it with general language inclusive of the entire community.
Federated Farmers senior policy advisor Rhea Dasent said Federated Farmers did not oppose the specific allocation for Māori economic wellbeing during high flow, but they wanted the policy to consider other people's social and cultural wellbeing as well as Māori.
"If you are someone else who wanted to take water at high flow, we just want the council to also look at their economic, social and cultural wellbeing as well when considering a resource consent," she said.
"We're not against Māori economic benefit, because that is going to most likely be in the area of farming, which is good for the region, good for everyone."
Federated Farmers solicitor Mike Campbell said it would be inappropriate to provide further detail than what is in Federated Farmers' appeal as the matter was now before the Environment Court.
"Elements of the Tank plan change could unnecessarily restrict farming activities and farmers' access to water for little or no environmental gain," Campbell said.
"Federated Farmers' goal in lodging this appeal is to ensure the regional plan takes a principled effects-based approach to managing water that results in equitable outcomes for all water users."
Hastings District Council filed an appeal on a number of provisions relating to freshwater management in the Heretaunga catchments and municipal and drinking water supply.
Napier City Council also filed an appeal on provisions relating to municipal supply, which said that the plan change fails to recognise the hierarchy of needs to be met under Te Mana o te Wai of the National Policy Statement on Freshwater Management 2020.
Heinz Wattie's filed an appeal which sought changes to the policy and rule framework for water storage, use and reticulation. They also want changes to policies for expiring consents, which is related to their own.