Clause 3.20: Responding to degradation
- If a regional council detects that an FMU or part of an FMU is degraded or degrading, it must, as soon as practicable, take action to halt or reverse the degradation (for example, by making or changing a regional plan, or preparing an action plan).
- Any action taken in response to a deteriorating trend must be proportionate to the likelihood and magnitude of the trend, the risk of adverse effects on the environment, and the risk of not achieving TAS.
- Every action plan prepared under this clause must include actions to identify the causes of the deterioration, methods to address those causes, and an evaluation of the effectiveness of the methods.
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degraded, in relation to an FMU or part of an FMU, means that as a result of something other than a naturally occurring process:
- a. a site or sites in the FMU or part of the FMU to which a TAS applies:
- i. is below a national bottom line; or
- ii. is not achieving or is not likely to achieve a TAS; or
- b. the FMU or part of the FMU is not achieving or is not likely to achieve an environmental flow and level set for it; or
- c. the FMU or part of the FMU is less able (when compared to 7 September 2017) to provide for any value identified for it under the NOF.
When assessing the likelihood of a deteriorating trend, the response should be proportionate to the likelihood of degradation, the magnitude and the risk to the environment, and the risk of not achieving the TAS.
The NPS-FM does not specify what that response should be. Councils can use discretion, for example, by focusing their efforts where degradation is most severe or where the likelihood of a deteriorating trend is highest. The decisions have to be transparent and in line with Te Mana o te Wai.
A first step is to assess the multiple sets of data required under clause 3.29 (water body state trends, the extent of resource use and intensity trends, and, for example, farm data to achieve limits). Uncover why the systems in place have not performed as expected. This allows for:
- an informed conversation with all relevant agencies and the community about the possible improvements
- timely intervention.
Councils can be proactive in managing freshwater. Limits will not always achieve the exact intended outcome the first time around. They are only ever best estimates, using the best available data. New information and technology may necessitate changes. A plan change will be necessary where the limit has been set incorrectly. Plan changes will not affect consents that have already been granted. If necessary, councils can refer to section 128 of the RMA to determine the circumstances under which existing consent conditions can be reviewed.
It is also important that long-term permissions should be used with caution, to ensure councils can continue to give effect to Te Mana o te Wai.
Clause 3.20: Responding to degradation
July 2022
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