Clause 3.12: How to achieve target attribute states and environmental outcomes
- In order to achieve target attribute states for the attributes in Appendix 2A, and the nutrient outcomes needed to achieve target attribute states (see clause 3.13), every regional council:
- must identify limits on resource use that will achieve:
- the target attribute states, and
- any nutrient outcomes needed to achieve target attribute states; and
- must include those limits as rules in its regional plan; and
- may prepare an action plan; and
- may impose conditions on resource consents to achieve target attribute states or any nutrient outcomes needed to achieve target attribute states.
- must identify limits on resource use that will achieve:
- In order to achieve target attribute states for the attributes in Appendix 2B, every regional council:
- must prepare an action plan for achieving the target attribute states within a specified timeframe; and
- may identify limits on resource use, and include them as rules in its regional plan; and
- may impose conditions on resource consents to achieve target attribute states.
- In order to achieve any other target attribute states or otherwise support the achievement of environmental outcomes, a regional council must do at least one of the following:
- identify limits on resource use and include them as rules in its regional plan
- prepare an action plan
- impose conditions on resource consents to achieve target attribute states.
- Where the same attribute provides for more than one value, it is the most stringent target attribute state applying to those values that must be achieved.
Once councils have set their TASs and the nutrient outcomes needed to achieve TASs, they must put in place methods to achieve these within the timeframes – refer to Clause 3.11: Setting target attribute states.
Clause 3.12 lists three methods:
- limits on resource use
- action plans
- conditions on resource consents.
Figure 5 outlines the process for achieving target attribute states and environmental outcomes.
Figure 5: Achieving target attribute states and environmental outcomes
Multi-directional flow diagram showing how target attribute states and environmental outcomes are achieved, showing the connections between setting environmental flows and levels, identifying take limits, as well as limits on resource use, action plans and imposing conditions on resource consents.
Set environmental flows and levels (3.16)
- Every regional council must include rules in its regional plan(s) that set environmental flows and levels for each freshwater management unit (FMU).
- Flows and levels:
- must achieve environmental outcomes; and
- may be adapted to take a phased approach to achieving outcomes and long-term visions.
There is a two-way arrow between this text box and the text box labelled ‘Set target attribute states (TASs) (3.11)’, showing that they are actioned at the same stage in the process.
This box ‘Set environmental flows and levels (3.16)’ then flows onto the next clause titled ‘Identify take limits (3.17)’.
- Include take limits as rules in regional plan.
- State in plan if existing water permits will be reviewed.
- Take limits must be expressed as a total volume, a total rate, or both a total volume, a total rate, at which water may be taken, diverted or damned.
- Include restrictions when takes must cease, or when discharge may occur.
- Take limits must meet environmental flows and levels, and provide for connected water bodies.
Achieving TAS and environmental outcomes and nutrient outcomes needed to achieve a TAS (3.12)
Where the same attribute provides for more than one value, it is the most stringent TAS that must be achieved.
- Attributes in Appendix 2A – must identify limits.
- Attributes in Appendix 2B – must prepare action plan.
- All attributes including those in 2A and 2B may set limits, prepare actions plans and set consent conditions.
This box then flows down to provide more detail on ‘Limits on resource use (3.14)’ and ‘Action plans (3.15)’ and shows the option to ‘Impose conditions on resource consents’.
Limits on resource use (3.14)
- May apply to any activity or land use at any scale, and are expressed as either a land-use control, input control or output control.
- Must use best available information and results from freshwater accounting systems.
- Must achieve nutrient outcomes (refer to 3.13).
Action plans (3.15)
- Must be prepared for achieving the TAS(s) within a specified timeframe (Appendix 2B attributes).
- Must identify a phased approach to achieving environmental outcomes.
- May include regulatory and non-regulatory measures.
Impose conditions on resource consents
Set target attribute states (TASs) (3.11)
- Set TASs for every attribute.
- TASs need to be set to achieve the environmental outcomes for the relevant values and long-term visions.
- Identify where TASs apply.
- TASs must be set at or above the baseline state of that attribute and at or above the national bottom line.
- Provide a timeframe to achieve (or maintain) TASs and interim TASs for intervals of a maximum of 10 years.
A two-way arrow shows that this step occurs at the same time as ‘Set environmental flows and levels (3.16)’, as described above.
The box ‘Setting target attribute states (3.11)’ is then directed by two separate arrows to show the required pathways. One arrow flows across to ’Achieving TASs and environmental outcomes and nutrient outcomes needed to achieve TAS (3.12)’, and one arrow points down towards ‘Setting instream concentrations and exceedance criteria or instream loads for nitrogen and phosphorus (3.13)’.
Setting instream concentrations and exceedance criteria or instream loads for nitrogen and phosphorus (3.13)
- Set to achieve TASs for the most sensitive attribute and the most sensitive part of the system.
- Set to achieve TASs for nutrients and attributes affected by nutrients.
- Council must determine the most appropriate form(s) of nitrogen and phosphorus to be managed in the receiving environment.
- Set upstream to achieve TASs for nutrient sensitive downstream receiving water bodies.
- Adopt as nutrient outcomes needed to achieve TAS, in regional plans.
This box then flows back up to details on ‘Limits on resource use (3.14)’ and ‘Action plans (3.15)’ and shows the option to ‘Impose conditions on resource consents’ when considering how to achieve TASs.
Next steps
Monitoring and reporting progress towards achieving target attribute states.
Multi-directional flow diagram showing how target attribute states and environmental outcomes are achieved, showing the connections between setting environmental flows and levels, identifying take limits, as well as limits on resource use, action plans and imposing conditions on resource consents.
Set environmental flows and levels (3.16)
- Every regional council must include rules in its regional plan(s) that set environmental flows and levels for each freshwater management unit (FMU).
- Flows and levels:
- must achieve environmental outcomes; and
- may be adapted to take a phased approach to achieving outcomes and long-term visions.
There is a two-way arrow between this text box and the text box labelled ‘Set target attribute states (TASs) (3.11)’, showing that they are actioned at the same stage in the process.
This box ‘Set environmental flows and levels (3.16)’ then flows onto the next clause titled ‘Identify take limits (3.17)’.
- Include take limits as rules in regional plan.
- State in plan if existing water permits will be reviewed.
- Take limits must be expressed as a total volume, a total rate, or both a total volume, a total rate, at which water may be taken, diverted or damned.
- Include restrictions when takes must cease, or when discharge may occur.
- Take limits must meet environmental flows and levels, and provide for connected water bodies.
Achieving TAS and environmental outcomes and nutrient outcomes needed to achieve a TAS (3.12)
Where the same attribute provides for more than one value, it is the most stringent TAS that must be achieved.
- Attributes in Appendix 2A – must identify limits.
- Attributes in Appendix 2B – must prepare action plan.
- All attributes including those in 2A and 2B may set limits, prepare actions plans and set consent conditions.
This box then flows down to provide more detail on ‘Limits on resource use (3.14)’ and ‘Action plans (3.15)’ and shows the option to ‘Impose conditions on resource consents’.
Limits on resource use (3.14)
- May apply to any activity or land use at any scale, and are expressed as either a land-use control, input control or output control.
- Must use best available information and results from freshwater accounting systems.
- Must achieve nutrient outcomes (refer to 3.13).
Action plans (3.15)
- Must be prepared for achieving the TAS(s) within a specified timeframe (Appendix 2B attributes).
- Must identify a phased approach to achieving environmental outcomes.
- May include regulatory and non-regulatory measures.
Impose conditions on resource consents
Set target attribute states (TASs) (3.11)
- Set TASs for every attribute.
- TASs need to be set to achieve the environmental outcomes for the relevant values and long-term visions.
- Identify where TASs apply.
- TASs must be set at or above the baseline state of that attribute and at or above the national bottom line.
- Provide a timeframe to achieve (or maintain) TASs and interim TASs for intervals of a maximum of 10 years.
A two-way arrow shows that this step occurs at the same time as ‘Set environmental flows and levels (3.16)’, as described above.
The box ‘Setting target attribute states (3.11)’ is then directed by two separate arrows to show the required pathways. One arrow flows across to ’Achieving TASs and environmental outcomes and nutrient outcomes needed to achieve TAS (3.12)’, and one arrow points down towards ‘Setting instream concentrations and exceedance criteria or instream loads for nitrogen and phosphorus (3.13)’.
Setting instream concentrations and exceedance criteria or instream loads for nitrogen and phosphorus (3.13)
- Set to achieve TASs for the most sensitive attribute and the most sensitive part of the system.
- Set to achieve TASs for nutrients and attributes affected by nutrients.
- Council must determine the most appropriate form(s) of nitrogen and phosphorus to be managed in the receiving environment.
- Set upstream to achieve TASs for nutrient sensitive downstream receiving water bodies.
- Adopt as nutrient outcomes needed to achieve TAS, in regional plans.
This box then flows back up to details on ‘Limits on resource use (3.14)’ and ‘Action plans (3.15)’ and shows the option to ‘Impose conditions on resource consents’ when considering how to achieve TASs.
Next steps
Monitoring and reporting progress towards achieving target attribute states.
As shown in figure 5 there are specific minimum requirements for attributes in appendix 2A, appendix 2B and the attributes chosen by councils. Councils may always choose additional methods to support reaching the TASs and the nutrient outcomes needed to achieve TASs.
More direction
Setting limits: see clause 3.14 and section Clause 3.14: Setting limits on resource use of this guidance.
Action plans: see clause 3.15 and section Clause 3.15: Preparing action plans of this guidance. Councils must decide on the most appropriate method after engaging with the community and, for attributes affecting Māori values, in collaboration with tangata whenua. The decision must ensure the TASs are reached within the timeframes. It will be guided by assessment of the most effective and efficient method as required by section 32 of the RMA.
When an attribute provides for more than one value, the methods must achieve the most stringent one.
Nitrogen and phosphorus concentrations
For nutrient concentrations and exceedance criteria for nitrogen and phosphorus, see clause 3.13 and section Clause 3.13: Special provisions for attributes affected by nutrients of this guidance.
In addition to the requirements in clause 3.12, there are other aspects to consider when choosing methods to reach a TAS.
- The methods have to influence – either directly or indirectly – the state of the targeted attributes, with the expectation to reach this within the timeframe set under clause 3.11, and the long-term vision.
- Reaching the long-term vision and environmental outcomes will likely require interim steps, with each TAS paced out in smaller increments, such as 5- or 10-year steps. To provide transparency for resource users and the community, it is good practice to prepare a lookup table showing the interim steps, timeframes and, where possible, the intended methods.
- The various methods affect the environment and resource users in different ways, each with benefits and challenges.
- Limits as rules in plans are a stringent restriction on resource users, which could have substantial and direct results.
- Action plans can be more collaborative, involving a large section of the community. Councils can tailor required actions to ability and capacity. A drawback is that they could take more time. They describe a regional council’s commitment to and planned actions for an FMU’s attributes.
- When weighing up the pros and cons of the three methods, the hierarchy of Te Mana o te Wai still applies. Councils must only consider combinations of methods that are expected to improve the health of the freshwater body and ecosystems in line with the TAS.
- Given councils have limited resources, they may need to initially prioritise interventions that will achieve multiple TASs and/or prevent ecological tipping points (ie, nutrient-load reductions). All attributes set for compulsory values will need to adhere to the timeframes under clause 3.11(5).
Choosing the set of methods
The process of choosing (a set of) methods follows several steps. The aim is to come to a bundle of methods (including the required methods as per clause 3.12), that together achieve the TAS while fulfilling Te Mana o te Wai.
- Step 1. Determine whether you need to use a limit or an action plan. Attributes in appendix 2A of the NPS-FM, and nutrient outcomes needed to achieve TASs (under clause 3.13), require limits. Attributes in appendix 2B require an action plan.
- Step 2. Consider whether other, non-compulsory, methods are necessary or useful.
- Step 3. Determine effectiveness and efficiency, including costs and benefits, of each method, both regulatory and non-regulatory.
- Step 4. Use a process of elimination to find the right combination of methods to achieve the TAS. Which are most effective at achieving ecosystem health (priority 1)? If more than one combination is equally effective, which best serves human health needs (priority 2)? If there is still more than one combination left, what is the effect on social, economic and cultural well-being (priority 3)?
It is useful to do these steps in parallel for each TAS. Opportunities may arise for synergy, where a method for achieving one also contributes to achieving another.
These decisions should always:
- apply the Te Mana o te Wai hierarchy of obligations
- prioritise methods that achieve the health and well-being of the water body and its ecosystems, ahead of those that prioritise other values.
Example: Choosing a set of methods to achieve the target attribute state (TAS) of Fish Index of Biotic Integrity (F-IBI)
This example follows steps 1 to 4.
Step 1
Value: Ecosystem health
Environmental outcome for that value in that place: A thriving aquatic health that has high integrity of fish community, and with habitat and migratory access that has minimal deviation from their natural state.
Attribute: Fish index of biotic integrity (F-IBI)
TAS: To achieve an F-IBI of at least 34 (Band A) in identified rivers of high ecological value, by 2035.
The F-IBI attribute requires an action plan3.
Step 2
Other methods that could contribute to achieving the TAS for F-IBI.
- Set limits in the regional plan on water takes at, and upstream of, habitat locations, enforcing fish passage requirements, or set minimum widths for riparian strips.
- It may be necessary to set consent conditions for activities in the bed of the river or in the riparian area, to minimise habitat disturbance for fish and contribute to a more thriving fish community.
Step 3
Determine for each method:
- effectiveness in achieving the outcome
- effectiveness in achieving other environmental outcomes for other values (prioritising ecosystem health then human health)
- effects on social, economic and cultural well-being
- speed and timeframes for each of these
- who will be affected by each method
- how the effectiveness of these methods may interact.
A conclusion could be that the TAS could be achieved by the following four combinations of methods:
- an action plan and a limit on water takes upstream of the habitat
- an action plan and consent conditions on water takes upstream of the habitat
- a limit on water takes and resource use upstream and at the location of the habitat
- an action plan, a limit on water takes and consent conditions.
Step 4
Select a combination of methods to achieve this TAS for F-IBI.
- Combination 1 is expected with reasonable certainty to achieve the TAS in the set timeframe.
- Combination 2 has a large lag time in its effectiveness, because the conditions will not apply to current consents. There is substantial uncertainty as to whether this combination will support the health and well-being of the ecosystem to the extent required in the TAS.
- Combination 3 is ruled out because only combinations that contain an action plan can be considered.
- Combination 4 is expected with reasonable certainty to achieve the TAS in the set timeframe.
Steps 1 and 4 are the most likely candidates to consider. Both provide for the health and well-being of the water body and the ecosystem. However, combination 4 allows for a less strict limit on water takes for the drinking water supply of the nearby town in times of drought. Combination 4 provides better for the health needs of people (second priority of obligations under Te Mana o te Wai) and is chosen over the other combinations in this example.
3 Fish IBI is an Appendix 2B attribute and as per 3.12 (2), in order to achieve the target attribute states for the attributes in Appendix 2B, every regional council must prepare an action plan for achieving the target attribute states within a specified timeframe.
Clause 3.12: How to achieve target attribute states and environmental outcomes
July 2022
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